Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by Senator J. VERNE SMITH.
Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.
At 11:02 A.M., on motion of Senator LEVENTIS, the Senate receded from business pending the presence of a quorum.
At 11:10 A.M., a quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 23, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, South Carolina Board of Probation, Parole and Pardon Services, with term to commence March 15, 1993, and to expire March 15, 1999:
2nd Congressional District:
Ms. Rebecca L. Adams, 5 Hillstone Court, Columbia, S.C. 29212 VICE J. Graham Shaw (deceased)
Referred to the Committee on Corrections and Penology.
February 2, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Director of the Department of Probation, Parole and Pardon Services, with term to commence June 19, 1997, and to expire at the pleasure of the Governor:
Mr. Stephen G. Birnie, Director, Department of Probation, Parole and Pardon Services, 2221 Devine Street, Columbia, S.C. 29205
Referred to the Committee on Corrections and Penology.
February 9, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Director of the Department of Public Safety, with term to commence February 1, 1996, and to expire February 1, 2000:
Mr. James Caulder, Director, Department of Public Safety, 5410 Broad River Road, Columbia, S.C. 29210 VICE William E. Gunn (vacated)
Referred to the Committee on Judiciary.
Status of the program, appraisal of its success, and specific accomplishments.
Agriculture Department of McBee High School has developed a multi-faceted program to meet the unique needs of the students in our area. Chesterfield County is basically a rural county with over 70 % of the county's population classified as rural. Chesterfield County School District has one of the highest percentages of students in the career programs in South Carolina. Our school has approximately 250 students from grades 9-12 with enrollment in Ag Ed increasing every year from 67 members in 1987 to 130 members (100%) in 1997. Since we are on a traditional six-period day, this was accomplished without the benefit of block scheduling. These 130 students represent over 50% of our student population with FFA membership in this elective program.
At McBee High, we have tried to meet the demand for a diversified program in Agriculture Education. Our program of instruction is geared to meet the needs of students in the area, both in-school and adults. Students are taught through instruction and work experience to develop skills and knowledge for employment and upgrade in employment. The in-school program consists of a four-year program as follows: Agriculture Science, Agriculture Technology, Ag Mechanics, and Engineering I and II. We have averaged over 20 "completers" in our program for the last four years (student has taken at least 3 of the 4 years offered).
Several programs in the McBee High Ag Department aid in instructional activities to enhance our student successes. Our Work Experience Program is unique in the State. This program has "Experimental Program Status" approval from the SDE. It allows our students to earn up to five units in four years by participating in agriculture work experience, on-farm placement of students, or on-the-job training in agricultural related jobs in conjunction with their agriculture classes. This year, with 37 participating juniors and seniors, our students earned over $107,000!
In my opinion, the greatest measure of accountability comes from student successes. Our Ag Mechanics class participated in a state-wide administered Ag Mechanics achievement test and averaged 12% higher than the state-wide mean. There is no greater measuring device for accountability than what occurs in the world of employment beyond high school. Instead of highlighting one student's successful employment in agriculture or Ag related fields, I choose to highlight our senior classes. For the past seven years our senior classes have averaged a placement rate based on the State Department of Education criteria of 78%. As one can see from these statistics, much emphasis is placed on placement where the employers actually hold us accountable. Also, a large number of our graduating seniors go on to college or technical schools. As an example of the success of the academic achievement of the McBee FFA members, seven from last school year are attending Clemson University. Five of the 1996-97 chapter officers are at Clemson and the other one is at North Greenville College.
Student Accomplishments.
A. Gold Emblem - State Superior Chapter Award Program 1989-95. (Top five in S.C.) Ranked first in the State 1991-96. Second in the State 1997.
B. Gold Emblem - State BOAC Program 1989-92, '94, '95 (Top five in S.C.)
C. Soil Identification and Land Treatment CDE - Fed. Winner (1990-93), 11th in State (1991), 7th in State (1992), Second Highest Individual (1992), 5th in State (1993), 4th in State (1994), 4th in State (1995), District III Winner and 7th in State (1996), 3rd in State and Second Highest Individual (1997).
D. Ag Mechanics CDE - First in District III last seven years. Final 8 in the State 9 out of last 10 years. Highest Individual - District (1990, '92), 3rd in State (1991), 5th State (1992), 2nd in State (1993), 5th in State (1994), 3rd in State (1995), State Winner (1996), National Bronze Emblem Winner (1996), 3rd in State (1997).
E. Livestock Evaluation CDE - 2nd in State (1990), Highest Individual District III (1990, '91), 6th in State (1991), 6th in State (1994), 11th in State (1996), 7th in State (1997).
F. FFA Public Speaking CDE - Fed. Winner (1988-95), 2nd in District (1993), District III Winner (1997).
G. Parliamentary Procedure CDE - Federation Winner 1988-95.
H. Tool Identification CDE - Federation/District Winner 1988-1997. Second in State 1998 (First year for state-wide CDE).
I. Soil Conservation Service Public Speaking Contest - 2nd in county (1990), County Winner (1991, '93).
J. National Bronze Emblem - National Superior Chapter Program 1989-90 (Top 300 in nation).
K. National Silver Emblem - National Superior Chapter Program 1991-95 (Top 200 in nation).
L. National Chapter Award - Two Star Chapter 1996.
M. National Chapter Award - One Star Chapter 1997.
N. National Bronze Emblem - National BOAC Program 1991, '93, '94.
O. Student Representative in Conservation Workshop (S.C. Land Resources), Clemson University 1987-97.
P. Agriculture Scholarship Award at Clemson for FFA Member.
Q. FFA Members on High School Honor Roll - Average 51% 1987-1997.
R. Silver Emblem - State BOAC Program - 1993.
S. Sixty-seven State FFA Degrees in ten years.
T. South Carolina State Winner - Star Agribusinessmen 1993 & 1997.
U. District Star Farmer Award - 1993.
V. District Star Farmer Award - 1994 (First Female Winner in S.C. FFA).
W. South Carolina State FFA Vice President - 1993-94
X. South Carolina State FFA President - 1994-95.
Y. South Carolina State FFA Treasurer - 1995-96.
Z. South Carolina State FFA Sentinel - 1996-97.
Officers: Steven Aldridge, president; Daniel Griffin, vice-president; Brian Eason, secretary; Bryan Hayes, treasurer; Jamey Eason, reporter; Brandon Atkinson, sentinel
FFA Advisor is agriculture teacher Tim Maye.
Central High FFA has 100, members making it the largest club in the school.
FFA members at Central High are all enrolled in one of the classes in the Natural, Environmental, and Agriculture Resources Education Classes (formerly agricultural education)
Central FFA members participate in meetings, learn parliamentary procedure, conduct community development activities, participate in career development events (contests), and participate in leadership activities for members on local, state, and national level.
Community Development Activities include: Sponsor adult agriculture classes attended by over 80 farmers in January-February 1998; Development of demonstration farm/natural resources area on school grounds; Maintain flower box plantings for towns of Pageland and Jefferson; Sponsor agriculture in the classroom lessons and poster contest at Jefferson and Petersburg Elementary School; Longleaf pine planting on school district land; Operation of sawmill for community members; Sponsored hunter education/safety program; Agriculture Appreciation Week tours and demonstrations on school farm.
On motion of Senator HOLLAND, with unanimous consent, ordered printed in the Journal.
Senator MATTHEWS introduced Dr. Monnieque Singleton of Denmark, S.C., Doctor of the Day.
On motion of Senator RYBERG, at 11:00 A.M., Senator GIESE was granted a leave of absence for today and tomorrow.
At 12:00 Noon, Senator HAYES requested a leave of absence until 1:00 P.M.
At 3:35 P.M., Senator LEATHERMAN requested a leave of absence until 9:00 P.M.
On motion of Senator RANKIN, at 3:40 P.M., Senator McGILL was granted a leave of absence for the balance of the day.
On motion of Senator MARTIN, at 3:45 P.M., Senator O'DELL was granted a leave of absence for the balance of the day.
On motion of Senator PATTERSON, at 5:50 P.M., Senator WASHINGTON was granted a leave of absence for the balance of the day.
Senator LAND rose for an Expression of Personal Interest.
Senator PATTERSON rose for an Expression of Personal Interest.
The following were introduced:
S. 1043 -- Senator Drummond: A SENATE RESOLUTION TO EXTEND CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO DR. LEX WALTERS, PRESIDENT OF PIEDMONT TECHNICAL COLLEGE, ON THE OCCASION OF BEING SELECTED A WINNER OF THE 1997 AMERICAN ASSOCIATION OF COMMUNITY COLLEGES' (AACC) PARNELL TECH PREP NATIONAL ASSOCIATE DEGREE AWARD ON APRIL 14, 1997.
The Senate Resolution was adopted.
S. 1044 -- Senator Drummond: A SENATE RESOLUTION TO EXTEND CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO DR. MABLE K. HARALSON, DIRECTOR OF THE PIEDMONT AREA CONSORTIUM FOR TECH PREP, ON THE OCCASION OF RECEIVING THE 1997 AMERICAN ASSOCIATION OF COMMUNITY COLLEGES' (AACC) PARNELL TECH PREP NATIONAL ASSOCIATE DEGREE AWARD ON APRIL 14, 1997.
The Senate Resolution was adopted.
S. 1045 -- Senators Ford, Patterson, Leventis, Rankin, Glover, J. Verne Smith, Bryan, Land, Jackson, Matthews, Elliott, Hutto, Holland, Saleeby, Russell, Anderson, McGill and Reese: A CONCURRENT RESOLUTION TO REQUEST THAT, BEFORE THE ATTORNEY GENERAL ENTERS INTO ANY FUTURE CONTINGENCY FEE AGREEMENTS WITH OUTSIDE COUNSEL FOR REPRESENTATION ON BEHALF OF THE STATE OF SOUTH CAROLINA, THE ATTORNEY GENERAL FORWARD TO THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE THESE AGREEMENTS FOR THEIR REVIEW AND APPROVAL.
Introduced and referred to the Committee on Judiciary.
S. 1046 -- Senator Russell: A BILL TO AMEND SECTION 28-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO DEFINE "APPRAISAL" IN INSTANCES OF CONDEMNATION OF PROPERTY OF A REGULATED PUBLIC UTILITY TO INCLUDE IN THE VALUATION FOR COMPENSATION AN OPINION AS TO THE REPLACEMENT COST, LESS DEPRECIATION; TO AMEND SECTION 28-2-340, RELATING TO EVIDENCE ADMISSIBLE AS TO THE VALUE OF LAND IN CONDEMNATION PROCEEDINGS, SO AS TO REQUIRE EVIDENCE OF THE REPLACEMENT COST, LESS DEPRECIATION, IN PROCEEDINGS INVOLVING ALL OR A SUBSTANTIAL PORTION OF THE PROPERTY OF A REGULATED PUBLIC UTILITY; AND TO AMEND SECTION 28-3-140, RELATING TO CONDEMNATION OF PUBLIC OR PUBLIC SERVICE PROPERTY, SO AS TO REQUIRE CONSIDERATION OF THE REPLACEMENT COST, LESS DEPRECIATION, IN PROCEEDINGS INVOLVING ALL OR A SUBSTANTIAL PORTION OF THE PROPERTY OF A REGULATED PUBLIC UTILITY COMPANY.
Read the first time and referred to the Committee on Judiciary.
S. 1047 -- Senators Jackson, Cork, Holland, Short, Glover, Ford, Land, Hutto, Matthews, Patterson, Drummond and Ravenel: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 122 SO AS TO CREATE THE COUNTY GRANTS FUND PROGRAM FOR ADOLESCENT PREGNANCY PREVENTION INITIATIVES; TO PROVIDE FOR THE ADMINISTRATION AND DISTRIBUTION OF MONIES APPROPRIATED TO THE GRANTS FUND; AND TO REQUIRE REGULAR EVALUATIONS OF PROJECTS RECEIVING MONIES FROM THE GRANTS FUND.
Read the first time and referred to the Committee on Medical Affairs.
H. 4641 -- Reps. McKay, Sheheen, H. Brown, Carnell, McAbee, Baxley, Harrison, Felder and Boan: A CONCURRENT RESOLUTION TO EXTEND THE VERY BEST WISHES OF THE GENERAL ASSEMBLY TO RUSSELL MUNN OF COLUMBIA AS HE RECOVERS FROM HEART SURGERY AND TO WISH HIM A VERY SPEEDY RECOVERY.
The Concurrent Resolution was adopted, ordered returned to the House.
Senators BRANTON and GROOMS replaced former members, Senators ROSE and WILLIAMS, on Conference Committee S. 461.
A message was sent to the House accordingly.
Columbia, S.C., February 12, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
Very respectfully,
Speaker of the House
On motion of Senator MOORE, the Senate insisted upon its amendments to H. 3300 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators PATTERSON, HUTTO and RAVENEL of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3470 -- Reps. Kirsh, Edge, Barfield, Meacham and Simrill: A BILL TO AMEND CHAPTER 18, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, SO AS TO CHANGE THE TERM "COMMISSIONER" TO "DIRECTOR" AND TO CONFORM THE NAME OF THE DEPARTMENT OF LABOR TO THE GOVERNMENT RESTRUCTURING ACT OF 1993.
H. 4358 -- Reps. Loftis, J. Brown, Leach, Robinson, Stille, Vaughn and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-770 SO AS TO AUTHORIZE LICENSED PRACTICAL NURSES TO PROVIDE CERTAIN SERVICES IN RESIDENTIAL SETTINGS AND PUBLIC SCHOOLS WITHOUT THE ON-SITE SUPERVISION OF A NURSE, DOCTOR, OR DENTIST IF CERTAIN PROCEDURES ARE FOLLOWED.
(By prior motion of Senator PEELER, with unanimous consent)
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 881 -- Senator Peeler: A BILL TO AMEND ACT 588 OF 1994, RELATING TO THE ONE CENT SALES AND USE TAX IMPOSED FOLLOWING REFERENDUM APPROVAL IN CHEROKEE COUNTY FOR DEBT SERVICE ON BONDED INDEBTEDNESS OF CHEROKEE COUNTY SCHOOL DISTRICT 1 AND THE PER PUPIL ALLOCATION FOR CAPITAL PROJECTS TO ANY OTHER SCHOOL DISTRICT IN CHEROKEE COUNTY, SO AS TO REQUIRE A PRO RATA REFUND OF PROPERTY TAXES FOR BONDED INDEBTEDNESS FOR SCHOOLS FROM EXCESS SALES AND USE TAX COLLECTED FOR THIS PURPOSE IN THE FOLLOWING YEAR IN THE MANNER THAT THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT, IN CONSULTATION WITH THE COUNTY AUDITOR AND TREASURER, SHALL DETERMINE.
(By prior motion of Senator PEELER)
S. 534 -- Senator Hayes: A BILL TO AMEND SECTION 41-13-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CHILD LABOR REGULATIONS SO AS TO PROVIDE AN OPTIONAL FINE FOR A FIRST OFFENSE, TO INCREASE THE FINES FOR A SUBSEQUENT OFFENSE, AND MAKE THE FINES OPTIONAL RATHER THAN MANDATORY AND TO PROVIDE CRITERIA UPON WHICH THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL DETERMINE THE AMOUNT OF THE FINE; AND TO REPEAL SECTION 41-13-40 RELATING TO LIABILITY OF EMPLOYERS OF MINORS TO PARENTS OR GUARDIANS.
S. 605 -- Senator Cork: A BILL TO AMEND SECTION 4-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXATION OF PART OF ONE COUNTY BY ANOTHER, SO AS TO REQUIRE THE APPROVAL OF THE COUNTY COUNCIL OF THE COUNTY FROM WHICH THE AREA IS PROPOSED TO BE TRANSFERRED WHERE THE AREA TO BE ANNEXED IS LESS THAN FIVE THOUSAND ACRES IN SIZE OR WHERE THE AREA TO BE ANNEXED HAS A POPULATION RATIO OF LESS THAN ONE ELECTOR FOR EACH TEN ACRES.
Senator McCONNELL desired to be recorded as voting against the third reading of the Bill, S. 605.
S. 1031 -- Senators Martin, Alexander, Bryan and Waldrep: A BILL TO PROVIDE THAT NOTWITHSTANDING THE PROVISIONS OF SECTION 59-39-105 OF THE 1976 CODE RELATING TO THE REQUIREMENTS FOR A STAR DIPLOMA, FOR THE 1997-98 AND 1998-99 SCHOOL YEARS ONLY, GRADUATING SENIORS FROM HIGH SCHOOL WHO HAVE COMPLETED TWENTY-FOUR UNITS OF CREDIT WITH THE ADDITIONAL REQUIRED UNITS IN ANY COURSE SHALL MEET THE COURSE REQUIREMENTS FOR THE STAR DIPLOMA AND SCHOLARSHIP; AND TO AMEND SECTION 59-39-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STAR DIPLOMAS AND THE REQUIREMENTS FOR A STAR DIPLOMA, SO AS TO PROVIDE THAT HONORS COURSES SHALL BE INCLUDED, ALONG WITH ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE COURSES, IN THOSE COURSES WHERE GRADE POINT AVERAGES ARE ADJUSTED TO REFLECT GREATER DIFFICULTY.
S. 1010 -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 10, 1998, "YORK COUNTY DAY".
The Concurrent Resolution was adopted, ordered sent to the House.
The following Bill was carried over:
S. 130 -- Senator Giese: A BILL TO AMEND CHAPTER 43, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACISTS, SO AS TO REVISE THE MANNER IN WHICH PHARMACISTS ARE LICENSED, REGULATED, AND SUPERVISED, AND THE MANNER IN WHICH PHARMACISTS CONDUCT THEIR BUSINESS.
On motion of Senator McCONNELL, the Bill was carried over.
S. 846 -- Senators Washington, Leventis, Reese, Gregory, Hutto and Short: A BILL TO AMEND SECTION 56-1-540 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILES, RECORDS, AND INDEXES TO BE KEPT BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROHIBIT THE DEPARTMENT FROM MAINTAINING RECORDS OF ACCIDENTS AS A PART OF A LICENSEE'S DRIVING RECORD UNLESS THE LICENSEE IS CONVICTED OF A TRAFFIC VIOLATION IN CONNECTION WITH THE ACCIDENT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment (846R001.CBH) proposed by Senator HUTTO and previously printed in the Journal of February 17, 1998.
Senator HUTTO asked unanimous consent to withdraw the amendment.
There was no objection.
Senator HUTTO proposed the following amendment (JUD0846.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 26, in Section 56-1-540(2), as contained in SECTION 1, by striking lines 26 through 34 and inserting therein the following:
/"(2) The department shall:
(a) file all accident reports; and
(b) file abstracts of court records of convictions received by it under the laws of this State and, in connection therewith, maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such the licensee and the traffic accidents in which he has been involved convicted of a traffic violation in connection with the accident shall be readily ascertainable and available for the consideration of the department upon application for renewal of license and at other suitable times."/
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
On motion of Senator McCONNELL, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 850 -- Senators Setzler, Courson, Hayes, Lander, Wilson, Giese, Reese, Rankin, Bryan, Mescher, Russell, Washington, Branton, Short and Waldrep: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALITY CONTROLS AND PRODUCTIVITY REWARDS, SO AS TO ENACT THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; TO ESTABLISH GRADE SPECIFIC STATEWIDE ACADEMIC STANDARDS FOR MATHEMATICS, ENGLISH/LANGUAGE ARTS, AND SCIENCE; TO ESTABLISH CRITERIA FOR THE ASSESSMENT, EVALUATION, RATING, AND ACCREDITATION OF SCHOOL AND STUDENT PERFORMANCE IN REFERENCE TO THE STATEWIDE ACADEMIC PERFORMANCE STANDARDS; TO ESTABLISH AN OVERSIGHT COMMITTEE TO MONITOR THE IMPACT AND IMPLEMENTATION OF THE ACT; TO AMEND VARIOUS OTHER PROVISIONS OF TITLE 59, SO AS TO BRING THEM INTO CONFORMITY WITH THE PROVISIONS OF THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; AND TO REPEAL SECTIONS 59-6-12, 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, AND 59-18-31.
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 12 (GJK\21174SD.98) proposed by Senator FAIR and previously printed in the Journal of Tuesday, February 17, 1998.
Senator FAIR explained the amendment.
Senator SETZLER argued contra to the adoption of the amendment.
Senator PEELER assumed the Chair at 12:15 P.M.
Senator FAIR argued in favor of the adoption of the amendment and Senator WASHINGTON argued contra.
Senator WASHINGTON moved to lay the amendment on the table.
By a division vote of 25-2, the amendment was laid on the table.
Senator THOMAS desired to be recorded as voting against the motion to table the amendment.
Senator LEVENTIS spoke on the Bill.
The PRESIDENT assumed the Chair at 12:30 P.M.
Senator LEVENTIS continued speaking on the Bill.
Senator PATTERSON assumed the Chair at 12:52 P.M.
Senator LEVENTIS continued speaking on the Bill.
On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by recess, with Senator LEVENTIS retaining the floor.
At 12:58 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:30 P.M. and was called to order by the PRESIDENT.
Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.
At 2:33 P.M., on motion of Senator LEVENTIS, the Senate receded from business pending the presence of a quorum.
At 2:40 P.M., the Senate resumed.
Senator BRYAN moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Fair Ford Glover Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Waldrep Washington Wilson
Senator GREGORY recorded his presence subsequent to the Call of the Senate.
S. 850 -- Senators Setzler, Courson, Hayes, Lander, Wilson, Giese, Reese, Rankin, Bryan, Mescher, Russell, Washington, Branton, Short and Waldrep: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALITY CONTROLS AND PRODUCTIVITY REWARDS, SO AS TO ENACT THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; TO ESTABLISH GRADE SPECIFIC STATEWIDE ACADEMIC STANDARDS FOR MATHEMATICS, ENGLISH/LANGUAGE ARTS, AND SCIENCE; TO ESTABLISH CRITERIA FOR THE ASSESSMENT, EVALUATION, RATING, AND ACCREDITATION OF SCHOOL AND STUDENT PERFORMANCE IN REFERENCE TO THE STATEWIDE ACADEMIC PERFORMANCE STANDARDS; TO ESTABLISH AN OVERSIGHT COMMITTEE TO MONITOR THE IMPACT AND IMPLEMENTATION OF THE ACT; TO AMEND VARIOUS OTHER PROVISIONS OF TITLE 59, SO AS TO BRING THEM INTO CONFORMITY WITH THE PROVISIONS OF THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; AND TO REPEAL SECTIONS 59-6-12, 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, AND 59-18-31.
The Senate resumed consideration of the Bill, the question being the third reading of the Bill.
Senator LEVENTIS resumed speaking on the Bill.
Senator BRYAN spoke on the Bill.
Senator FAIR proposed the following Amendment No. 13 (GJK\21178SD.98), which was tabled:
Amend the bill, as and if amended, in SECTION 2, by adding a new Section 59-18-175 immediately following 59-18-170, on page 7, to read:
/Section 59-18-175. If a school receives an 'F' for its absolute grade on its report card for any year, the students at that school may at their option transfer to any other school within the district. If a district has only one elementary, middle, or high school and it received an 'F' for its absolute grade or if all such elementary, middle, or high schools in the district received an 'F', the students at those schools may at their option transfer to a school in an adjoining school district and the adjoining district must accept these students as long as space is available. Applicable state and federal funding per student shall follow the students to the adjoining districts. These students may remain at the school to which they transferred until they finish the highest grade offered at that school./
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
Senator JACKSON argued contra to the adoption of the amendment.
Senator JACKSON moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LEVENTIS proposed the following Amendment No. 20 (850R002.PPL), which was ruled out of order:
Amend the bill, as and if amended, page 26, after line 19, by adding an appropriately numbered new SECTION to read:
/SECTION _______. Section 12-37-251 (A) and (B) of the 1976 Code, as last amended by Section 33, Part II, Act 458 of 1996, is further amended to read:
"Section 12-37-251. (A) The State Property Tax Relief Fund shall must be established at an amount equal to the revenue necessary to fund a property tax exemption of one hundred thousand dollars based on the fair market value of property classified pursuant to Section 12-43-220(c) calculated on the school operating millage imposed for tax year 1995, excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction. The 1995 tax year school operating millage is the base year millage for purposes of calculating the amount necessary to fund the State Property Tax Relief Fund in accordance with this section. However, in years in which the values resulting from a county-wide reassessment and equalization program are implemented, the base year millage must be adjusted to an equivalent millage rate in the manner that the Department of Revenue and Taxation shall prescribe prescribes. Funds distributed to a taxing district as provided in Item (B) of this section must be used to provide a uniform property tax exemption for all property in the taxing district which is classified pursuant to Section 12-43-220(c), excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction.
(B) School Taxing districts must be reimbursed, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section except that on a per capita basis from revenues credited to the State Property Tax Relief Fund. ninety Ninety percent of the reimbursement must be paid in the last quarter of the calendar year by October thirty-first and the balance paid no later than the succeeding April first. If amounts received by a school district pursuant to this distribution are insufficient to reimburse fully for the base year operating millage, the county shall calculate a school operating millage sufficient to make up the shortfall which must be imposed on all property classified pursuant to Section 12-43-220(c) without regard to the exemption allowed pursuant to this section. Amounts received by a district in excess of the amount necessary to reimburse the district for the base year operating millage may be retained by the district."/
Renumber sections to conform.
Amend title to conform.
Senator SETZLER raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator LEVENTIS spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senators MATTHEWS, PATTERSON, LEVENTIS, LAND and WASHINGTON proposed the following Amendment No. 21 (S-EDUC\850.15), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION to read:
/Any additional expense created by programs or actions required by the State to comply with this act, must be paid for by the State on the EFA formula, if the state board, working with the Department of Education, has reviewed the cost and certified that it is accurate and due to compliance with this act./
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
The amendment was adopted.
Senators LEVENTIS and RAVENEL proposed the following Amendment No. 22 (850R003.PPL), which was tabled:
Amend the bill, as and if amended, page [850-13], by striking lines 13 through 18 and inserting in lieu thereof:
/(1) declare a state of emergency in the school and replace the school's principal; or
(2) declare a state of emergency in the school and assume management of the school./
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator SETZLER argued contra to the adoption of the amendment.
Senator SETZLER moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courson Courtney Elliott Fair Ford Glover Gregory Grooms Hayes Hutto Jackson Lander Martin Matthews McGill Mescher Moore Patterson Peeler Rankin Reese Ryberg Setzler Short Smith, J. Verne Waldrep Washington Wilson
Leventis McConnell Ravenel
The amendment was laid on the table.
Senator LEVENTIS proposed the following Amendment No. 23 (850R004.PPL), which was withdrawn:
Amend the bill, as and if amended, beginning on page [850-8], line 23, by striking Section 59-18-180 in its entirety and inserting in lieu thereof the following:
/Section 59-18-180. Recognition program for schools and districts for exceptional or improved performance.
The State Board of Education, working with the division and the Department of Education, must establish the Palmetto Platinum, Gold, Silver, and Bronze Award Program to recognize and reward schools for academic achievement. Schools attaining high levels of absolute performance will be given a Platinum or Gold Award. Schools attaining high rates of improvement shall be given the Silver or Bronze Award. The award program must base performance on matched student data and, where appropriate, consider such additional criteria as: (a) student attendance; (b) teacher attendance; (c) student dropout rates; and (d) any other factors promoting or maintaining high levels of achievement and performance.
Schools and vocational centers must be rewarded according to specific criteria established by the state board in consultation with the division. In defining eligibility for a reward for high levels of performance, student performance at all levels of achievement should demonstrate improvement.
The State Board of Education must develop regulations that ensure that the schools and vocational centers of the State utilize these reward funds to improve or maintain exceptional performance according to their school plans established in Section 59-139-10, including professional development support.
No school shall be eligible to receive an award for attaining high levels of absolute performance unless the school has received an award for attaining high rates of improvement within the three-year period immediately preceding. Special schools for the academically talented are not eligible to receive an award pursuant to the provisions of this section./
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator SETZLER argued contra to the adoption of the amendment.
Senator MARTIN assumed the Chair at 4:15 P.M.
Senator SETZLER continued arguing contra to the adoption of the amendment.
Senator LAND spoke on the amendment.
Senator DRUMMOND spoke on the amendment.
On motion of Senator LEVENTIS, with unanimous consent, Amendment No. 23 was withdrawn.
On motion of Senator LEVENTIS, Amendment No. 33A was taken up for immediate consideration.
Senator LEVENTIS proposed the following Amendment No. 33A (850R010.PPL), which was adopted:
Amend the bill, as and if amended, beginning on page [850-9], line 7, by striking Section 59-18-180 in its entirety and inserting in lieu thereof the following:
/Section 59-18-180. Recognition program for schools for exceptional or improved performance.
The State Board of Education, working with the division and the Department of Education, must establish the Palmetto Platinum, Gold, Silver, and Bronze Award Program to recognize and reward schools for academic achievement. Schools attaining high levels of absolute performance will be given a Platinum or Gold Award. Schools attaining high rates of improvement shall be given the Silver or Bronze Award. The award program must base performance on matched student data and must include such additional criteria as: (a) student attendance; (b) teacher attendance; (c) student dropout rates; and (d) any other factors promoting or maintaining high levels of achievement and performance.
Schools and vocational centers must be rewarded according to specific criteria established by the state board in consultation with the division. In defining eligibility for a reward for high levels of performance, student performance at all levels of achievement must demonstrate improvement.
The State Board of Education must develop regulations that ensure that the schools and vocational centers of the State utilize these reward funds to improve or maintain exceptional performance according to their school plans established in Section 59-139-10, including professional development support.
Special schools for the academically talented are not eligible to receive an award pursuant to the provisions of this section unless they have demonstrated improvement and high actual achievement for three years immediately preceding./
Amend title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 24 (GJK\21218SD.98), which was adopted:
Amend the bill, as and if amended, in Section 59-18-270(D)(2) of the 1976 Code, as contained in SECTION 1, by adding after / trustees / on page 17, line 16, / or until an election is held as provided by law to fill the vacancy if the superintendent who is replaced is elected to such office /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senator FAIR proposed the following Amendment No. 25 (GJK\21224SD.98), which was tabled:
Amend the bill, as and if amended, in Section 59-18-170 of the 1976 Code, as contained in SECTION 2, page 8, after line 5, by adding a new subsection to be appropriately lettered to read:
/( ) In addition to the other designations a school and school district receives on its annual report card required by this section, the school and school district shall also receive a letter grade of either A, B, C, D, or F signifying its overall performance with one of these letter grades. /
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
Senator BRYAN argued contra to the adoption of the amendment.
Senator BRYAN moved to lay the amendment on the table.
By a division vote of 24-2, the amendment was laid on the table.
Senators WILSON and FAIR desired to be recorded as voting against the motion to table the amendment.
Senator FAIR proposed the following Amendment No. 26 (850R013.MLF), which was adopted:
Amend the bill, as and if amended, in Section 59-18-160 of the 1976 Code, as contained in SECTION 2, page 6, after line 37, by adding a new subsection to be appropriately lettered to read:
/( ) Until the assessment and performance standards required by this chapter are developed, the current program of testing and assessments including BSAP testing shall continue to be used through the 1998-99 school year./
Amend title to conform.
Senator FAIR explained the amendment.
Senator SETZLER spoke on the amendment.
The amendment was adopted.
Senator FAIR proposed the following Amendment No. 27 (GJK\21223SD.98), which was tabled:
Amend the bill, as and if amended, in Section 59-18-270 of the 1976 Code, as contained in SECTION 2, by striking item (2) of subsection (D), which begins on line 13, page 17.
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
Senator SETZLER moved to lay the amendment on the table.
The amendment was laid on the table.
Senator SETZLER asked unanimous consent to take up for immediate consideration Amendment No. 34.
There was no objection.
Senators SETZLER and RANKIN proposed the following Amendment No. 34 (S-EDUC\850.45), which was adopted:
Amend the bill, as and if amended, on page 18, by deleting (B) and inserting:
/(B) There shall be no more than thirteen regional centers established across the State. In forming the centers, the State Board of Education must take into consideration the existing boundaries of the Math and Science Hubs; however, the state board must also take into consideration the boundaries and memberships of existing voluntary district consortia and must consult with the school districts. Where existing consortia agree, the regional centers must be merged into the existing consortia structures. When the regional center is merged into an existing consortium structure, the support provided by the individual school districts to that consortium must continue at least at the same level as prior to the merger. However, those groups of districts which have boundaries of the Math and Science Hubs and the Tech Prep Consortium that coincide may petition the State Board of Education to become a regional center and that petition must be granted. Each regional center shall have as its governing board the district superintendents who shall serve as the designees of their respective boards of trustees from the school districts to be served by the regional center and at least one business and industry representative from each school district elected by the members of the Tech Prep executive board./
Amend the bill, as and if amended, on page 19 by striking lines 14 through 17 and striking /and the/ on line 18 and inserting:
/schools and school districts within the center. The funding of the realigned Math and Science Hubs and the Tech Prep Consortia shall continue to be used for the purposes set forth by federal requirements and the various State plans guiding the hubs and consortia; however, the hubs' and Tech Prep Consortia's activities must be coordinated with one another and with the needs and activities of the districts within the regional center in accordance with the directives of the center's governing board. The/.
Amend title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senators RAVENEL, McCONNELL, FORD and LEVENTIS proposed the following Amendment No. 29 (850R005.AR), which was adopted:
Amend the bill, as and if amended, page [850-29], after line 12, by adding an appropriately numbered new SECTION to read:
/SECTION _____. Section 59-29-10 of the 1976 Code is amended to read:
"Section 59-29-10. The county board of education and the board of trustees for each school district shall see that in every school under their care there shall be taught, as far as practicable, orthography, reading, writing, arithmetic, geography, English grammar and instruction in phonics, the elements of agriculture, the history of the United States and of this State, the principles of the Constitutions of the United States and of this State, morals and good behavior, algebra, physiology and hygiene (especially as to the effects of alcoholic liquors and narcotics upon the human system), English literature, and such other branches as the state board may from time to time direct."/
Renumber sections to conform.
Amend title to conform.
Senator RAVENEL explained the amendment.
Senator RAVENEL moved that the amendment be adopted.
The amendment was adopted.
Senators HUTTO, MATTHEWS and RYBERG proposed the following Amendment No. 30 (JUD0850.002):
Amend the bill, as and if amended, page 22, beginning on line 29, in Section 59-18-500, as contained in SECTION 10, by striking lines 29 through 30 and inserting therein the following:
/alternative school shall be provided by the General Assembly."/
Amend title to conform.
Senator HUTTO explained the amendment.
Senator SETZLER spoke on the amendment.
Senator MATTHEWS argued in favor of the adoption of the amendment.
Senator SETZLER spoke on the amendment.
On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, with Senator SETZLER retaining the floor.
Having received a favorable report from the Committee on Fish, Game and Forestry, on motion of Senator PEELER, the following appointment was confirmed in open session:
Initial Appointment, Director of the Department of Parks, Recreation and Tourism, with term to commence July 1, 1997, and to expire at the pleasure of the Governor:
Mr. William R. Jennings, 233 McLeod Road, Chapin, S.C. 29036 VICE Grace G. Young (resigned)
At 6:00 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Monday, June 29, 2009 at 10:43 A.M.