Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, 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 the Chaplain as follows:
Beloved, the Author of the Epistle to the Hebrews writes Chapter 12 (v. 1):
"Therefore, since we are surrounded
By so great a cloud of witnesses,
Let us also lay aside every weight,
And sin which clings so closely,
And let us run with perseverance
The race that is set before us..."
Let us pray.
Father-God, the Almighty, You are the Author of life and the Giver of every privilege.
Help us by Your Spirit to be just as avid and earnest in assuming our responsibilities, and doing our duty, as we are in claiming our rights and privileges.
Help us, O Lord, in these remaining days of the session, to match our blessings with responsible stewardship.
So let Your Kingdom come!
Amen!
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
At 12:04 P.M., on motion of Senator GIESE, the Senate receded from business pending the presence of a quorum.
At 12:12 P.M., a quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
May 26, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointments, Dillon County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Franklin D. Lee, Post Office Box 1, Hamer, S.C. 29547
Honorable James F. Rogers, Post Office Box 187, Lake View, S.C. 29563
May 27, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointments, Abbeville County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable George T. Ferguson, Post Office Box 579, Abbeville, S.C. 29620
Honorable John R. Nixon, 1629 Highway 28 North, Abbeville, S.C. 29620
Reappointments, Edgefield County Board of Voter Register, with terms to commence March 15, 1998, and to expire March 15, 2000:
Ms. Marie D. Adams, 210 Gary Hill Road, Edgefield, S.C. 29824
Ms. Ruth S. Day, Post Office Box 6, Trenton, S.C. 29847
Ms. Elizabeth J. Greene, 588 Norris Street, Edgefield, S.C. 29824
Ms. Mary Ellen C. Painter, 1300 Penn Street, Edgefield, S.C. 29824
Initial Appointment, Lexington County Master-in-Equity, with term to commence January 1, 1995, and to expire January 1, 2001, service to commence July 1, 1998:
Honorable Clyde N. Davis, Jr., 1014 Lonsdale Drive, West Columbia, S.C. 29170 VICE George W. Jefferson (retired)
Reappointments, Williamsburg County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Cynthia W. Burrows, Post Office Box 956, Kingstree, S.C. 29556
Honorable Charles D. Morris, Route 1, Box 297, Nesmith, S.C. 29580
May 29, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Clarendon County Master-in-Equity, with term to commence June 30, 1998, and to expire June 30, 2004:
Honorable Ralph F. Cothran, Post Office Drawer 700, Manning, S.C. 29102
Initial Appointment, Greenville County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Vilvin W. Garrison, 113 Redwood Drive, Easley, S.C. 29642 VICE Leila Foster (from term expired prior to Foster vicing Dorothy Lee Butler)
June 1, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Bamberg County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Franklin D. Gibson, Route 1, Box 158-BB, Denmark, S.C. 29042
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Ronnie L. Simpson, Sr., Route 1, Box 385, Patrick, S.C. 29584
June 1, 1998
Mr. President and Members of the Senate:
Due to the illness of the nominee which has prevented his serving on this commission and which is permanently debilitating, I have withdrawn the interim appointment shown below.
Respectfully,
David M. Beasley
Initial Appointment, Prisoner of War Commission, with term to commence July 1, 1996, and to expire July 1, 2000:
At-Large:
Mr. Roy A. Kabasta, 8360 Glenford Road, North Charleston, S.C. 29406 VICE Thomas W. Dunaway (resigned)
Columbia, S.C., May 28, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the appointment of the following:
Initial Appointment, Lexington County Master-in-Equity, with term to commence January 1, 1995, and to expire January 1, 2001, service to commence July 1, 1998:
Honorable Clyde N. Davis, Jr., 1014 Lonsdale Drive, West Columbia, S.C. 29170
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.404, H. 5103 by a vote of 3 to 2:
(R404) H. 5103 (Word version) -- Reps. Miller and T. Brown: AN ACT TO AMEND ACT 515 OF 1996, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THOSE DEVOLVED POWERS TO THE DELEGATION FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS AND PROVIDE THAT APPOINTMENTS TO THESE OFFICES, BOARDS, AND COMMISSIONS BE MADE ON A ROTATING BASIS BY RESIDENT DELEGATION MEMBERS WITH ADVICE AND CONSENT OF THE SENATORS.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.387, H. 4912 by a vote of 3 to 0:
(R387) H. 4912 (Word version) -- Reps. Baxley, Neilson and J. Hines: AN ACT TO AMEND ACT 1797 OF 1972, RELATING TO THE HARTSVILLE PARKING, BEAUTIFICATION AND BUSINESS IMPROVEMENT DISTRICT IN DARLINGTON COUNTY, SO AS TO EXPAND THE AREA OF THE DISTRICT.
Very respectfully,
Speaker of the House
(R387) H. 4912 (Word version) -- Reps. Baxley, Neilson and J. Hines: AN ACT TO AMEND ACT 1797 OF 1972, RELATING TO THE HARTSVILLE PARKING, BEAUTIFICATION AND BUSINESS IMPROVEMENT DISTRICT IN DARLINGTON COUNTY, SO AS TO EXPAND THE AREA OF THE DISTRICT.
The veto of the Governor was taken up for immediate consideration.
Senator SALEEBY moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding? The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
NAYS
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 28, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.397, H. 5029 by a vote of 4 to 0:
(R397) H. 5029 (Word version) -- Reps. McGee, J. Hines, McKay and M. Hines: AN ACT TO CREATE THE FLORENCE COURT LIBRARY COMMISSION FOR THE PURPOSE OF ESTABLISHING AND OPERATING A LAW LIBRARY IN FLORENCE COUNTY; TO PROVIDE FOR ITS POWERS AND DUTIES; TO INCREASE THE AMOUNT OF COURT COSTS ASSESSED FLORENCE COUNTY CRIMINAL BOND FORFEITURES AND FINES FOR THE SUPPORT OF THE LIBRARY AND TO PROVIDE FOR THE DEPOSIT AND DISBURSEMENT OF FUNDS.
Very respectfully,
Speaker of the House
(R397) H. 5029 (Word version) -- Reps. McGee, J. Hines, McKay and M. Hines: AN ACT TO CREATE THE FLORENCE COURT LIBRARY COMMISSION FOR THE PURPOSE OF ESTABLISHING AND OPERATING A LAW LIBRARY IN FLORENCE COUNTY; TO PROVIDE FOR ITS POWERS AND DUTIES; TO INCREASE THE AMOUNT OF COURT COSTS ASSESSED FLORENCE COUNTY CRIMINAL BOND FORFEITURES AND FINES FOR THE SUPPORT OF THE LIBRARY AND TO PROVIDE FOR THE DEPOSIT AND DISBURSEMENT OF FUNDS.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 28, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.401, H. 5052 by a vote of 6 to 0:
(R401) H. 5052 (Word version) -- Rep. Bauer: AN ACT TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO AUTHORIZE THE DISTRICT TO COMMISSION AND TRAIN QUALIFIED ENFORCEMENT OFFICERS.
Very respectfully,
Speaker of the House
The veto of the Governor was taken up for immediate consideration.
Senator WILSON moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 28, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.379, H. 4540 by a vote of 7 to 0:
(R379) H. 4540 (Word version) -- Reps. Loftis and Leach: AN ACT TO AMEND ACT 1027 OF 1970, RELATING TO THE CREATION OF THE DUNCAN CHAPEL FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES FOR MEMBERS OF THE GOVERNING BODY OF THE DISTRICT.
Very respectfully,
Speaker of the House
(R379) H. 4540 (Word version) -- Reps. Loftis and Leach: AN ACT TO AMEND ACT 1027 OF 1970, RELATING TO THE CREATION OF THE DUNCAN CHAPEL FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES FOR MEMBERS OF THE GOVERNING BODY OF THE DISTRICT.
The veto of the Governor was taken up for immediate consideration.
Senator J. VERNE SMITH moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Senator PASSAILAIGUE introduced Dr. Bill Simpson of Charleston, S.C., Doctor of the Day.
At 6:20 P.M., Senator COURTNEY requested a leave of absence until 11:00 A.M., Wednesday, June 3, 1998.
At 6:50 P.M., Senator BRYAN requested a leave of absence beginning at 7:00 P.M. until 11:00 A.M., Wednesday, June 3, 1998.
At 12:35 P.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 1:00 P.M.
There was no objection and a message was sent to the House accordingly.
Columbia, S.C., May 28, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3889 (Word version) -- Reps. Kelley, Whatley, Knotts, Neilson, Simrill, Keegan, Edge, Clyburn, Robinson, Rodgers, J. Hines, Barrett, Witherspoon, Miller, Maddox, Byrd, Battle and McKay: A BILL TO AMEND TITLE 38, CHAPTER 71, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCIDENT AND HEALTH INSURANCE, BY ADDING ARTICLE 15 TO ENACT THE "EMERGENCY SERVICES ACT" SO AS TO PROVIDE THAT PROSPECTIVE AUTHORIZATION FOR TREATMENT IN AN EMERGENCY MEDICAL FACILITY IS NOT REQUIRED IF IN THE OPINION OF THE ATTENDING PHYSICIAN TREATMENT IS NEEDED TO STABILIZE THE CONDITION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4453 (Word version) -- Reps. Littlejohn, Seithel, J. Smith, Hinson, Meacham, Gourdine, Byrd, Moody-Lawrence, Walker, Kirsh, Mason, Allison and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-15, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO BAIT, ASSIST IN BAITING, OR CAUSE TO BE BAITED AN AREA OVER WHICH MIGRATORY BIRDS ARE BEING HUNTED, TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS PROVISION, AND TO PROVIDE EXCEPTIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4549 (Word version) -- Reps. Allison, Hamilton, Altman, G. Brown, Inabinett, Rice, Mason, Stoddard, Beck, Sandifer, McKay, Battle, R. Smith, Walker, Canty, Keegan, Lloyd, Phillips, Rhoad, Riser, Breeland, McCraw, M. Hines, Neal, F. Smith, Mack, Wilkes, Byrd, Moody-Lawrence, Bauer, Barrett, Carnell, Jennings, D. Smith, Simrill, Vaughn, Young, Robinson, McGee, Rodgers, Littlejohn, Bowers, Jordan, Cave, Stille, Baxley, Gamble, Govan and McLeod: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF MENTAL HEALTH TO DEVELOP AND SUBMIT TO THE GENERAL ASSEMBLY A PROPOSAL FOR THE CONSTRUCTION AND OPERATION OF A NURSING HOME FACILITY FOR STATE VETERANS.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from Legislative Council.
There was no objection.
A message was sent to Legislative Council.
Legislative Council returned the Bill to the Senate.
The Senate proceeded to a consideration of the Bill, the question being reconsideration of third reading of the Bill.
Senator SALEEBY asked unanimous consent to make a motion to reconsider the vote whereby the Senate gave third reading to the Bill.
There was no objection.
On motion of Senator SALEEBY, with unanimous consent, the Bill was recommitted to the Committee on Banking and Insurance.
H. 3917 (Word version) -- Rep. Klauber: A BILL TO AMEND SECTION 33-6-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS, SHARES AND DISTRIBUTIONS, AND SHARE OPTIONS, SO AS TO ADD PROVISIONS PROVIDING THAT IN THE CASE OF A PUBLIC CORPORATION THE TERMS AND CONDITIONS OF CERTAIN RIGHTS, OPTIONS, OR WARRANTS MAY INCLUDE RESTRICTIONS OR CONDITIONS THAT PRECLUDE OR LIMIT THE EXERCISE, TRANSFER, OR RECEIPT OF THE RIGHTS, OPTIONS, OR WARRANTS BY THE HOLDER OR HOLDERS OR BENEFICIAL OWNER OR OWNERS OF A SPECIFIED NUMBER OR PERCENTAGE OF THE OUTSTANDING VOTING SHARES OF THE PUBLIC CORPORATION.
Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
Senator SALEEBY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
On motion of Senator SALEEBY, with unanimous consent, the Bill was read the second time.
There was no objection.
H. 4675 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO AMEND THE UNITED STATES CODE TO PERMIT FULL CONCURRENT RECEIPT OF MILITARY LONGEVITY RETIREMENT PAY AND SERVICE-CONNECTED DISABILITY COMPENSATION BENEFITS.
Senator WILSON asked unanimous consent to make a motion to recall the Resolution from the General Committee.
There was no objection.
On motion of Senator WILSON, with unanimous consent, the Resolution was ordered placed on the Calendar.
H. 4870 (Word version) -- Reps. Jennings, Baxley, Harrell, Knotts and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 61-4-525, 61-6-185, AND 61-6-1825 SO AS TO PROVIDE THE MANNER IN WHICH PROTESTS MAY BE HEARD IN ISSUING OR RENEWING A BEER AND WINE PERMIT, A RETAIL LIQUOR LICENSE, AND A MINIBOTTLE LICENSE, TO DEEM AN UNPURSUED PROTEST TO BE INVALID, AND TO AUTHORIZE A PENALTY TO INCLUDE COURT COSTS AND ATTORNEY'S FEES WHEN A PROTESTANT FAILS TO APPEAR AT A HEARING AFTER AFFIRMING A DESIRE TO ATTEND; AND TO AMEND SECTION 61-6-1820, RELATING TO THE CRITERIA APPLICABLE TO ISSUE A MINIBOTTLE LICENSE, SO AS TO DELETE LANGUAGE MADE OBSOLETE BY THE PROVISIONS OF SECTION 61-6-1825 AS ADDED ABOVE.
Senator RANKIN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
On motion of Senator RANKIN, with unanimous consent, the Bill was read the second time with notice of general amendments.
There was no objection.
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators HOLLAND and MOORE proposed the following Amendment No. 1 (JUD3316.013), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 56-5-2990 of the 1976 Code, as last amended by Act 258 of 1997, is further amended by adding at the end:
"Except as provided for in Section 56-1-365(D), the driver's license suspension periods under this section begin on the date the person is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930, or for the violation of any other law of this State or ordinance of a county or municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics; however, a person is not prohibited from filing a notice of appeal and receiving a certificate which entitles him to operate a motor vehicle for a period of sixty days after the conviction, plea of guilty or nolo contendere, or bail forfeiture pursuant to Section 56-1-365(F)."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
On motion of Senator HOLLAND, with unanimous consent, the Bill was read the second time and ordered placed on the third reading Calendar.
There was no objection.
H. 5003 (Word version) -- Reps. Miller and T. Brown: A BILL TO AMEND SECTION 6-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF A REGIONAL COUNCIL OF GOVERNMENT, SO AS TO REQUIRE MEMBERSHIP ON THE POLICYMAKING BODY OF THE COUNCIL OF A RESIDENT MEMBER OF THE GENERAL ASSEMBLY APPOINTED BY THEIR RESPECTIVE RESIDENT COUNTY LEGISLATIVE DELEGATION FROM EACH COUNTY COMPRISING THE COUNCIL OF GOVERNMENTS AND PROVIDE FOR SELECTION OF A MEMBER WHEN A COUNTY HAS NO RESIDENT MEMBER OF THE GENERAL ASSEMBLY.
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
On motion of Senator HOLLAND, with unanimous consent, the Bill was read the second time with notice of general amendments and ordered placed on the third reading Calendar.
There was no objection.
The following were introduced:
S. 1274 (Word version) -- Senators Courson, Wilson, Alexander, Anderson, Branton, Bryan, Cork, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep and Washington: A SENATE RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF THE HONORABLE BARRY M. GOLDWATER, A FIVE-TERM UNITED STATES SENATOR AND FORMER PRESIDENTIAL CANDIDATE, UPON HIS DEATH.
The Senate Resolution was adopted.
S. 1275 (Word version) -- Senator Courson: A SENATE RESOLUTION EXPRESSING THE SINCERE APPRECIATION OF THE MEMBERS OF THE SENATE TO DR. DAVID H. REMBERT, JR. FOR MORE THAN THIRTY YEARS OF DEDICATION AND DEVOTED SERVICE AS A MEMBER OF THE UNIVERSITY OF SOUTH CAROLINA FACULTY, UPON THE OCCASION OF HIS RETIREMENT AS PROFESSOR, DEPARTMENT OF BIOLOGICAL SCIENCES, AND ASSOCIATE DEAN, COLLEGE OF SCIENCE AND MATHEMATICS, AT THE UNIVERSITY.
The Senate Resolution was adopted.
S. 1276 (Word version) -- Senators Hutto and Washington: A CONCURRENT RESOLUTION TO RECOGNIZE DR. HENRY LUCIUS LAFFITTE OF ALLENDALE FOR HIS FIFTY YEARS OF OUTSTANDING, DEDICATED SERVICE TO THE CITIZENS OF ALLENDALE COUNTY AND THE MEDICAL COMMUNITY.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1277 (Word version) -- Senators Ryberg and Moore: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE STAR NEWSPAPER AS AN EXEMPLARY FAMILY BUSINESS AND ITS OWNERS, SAM AND MIM WOODRING, AND TO CONGRATULATE THEM FOR THEIR ACHIEVEMENTS IN THE AREAS OF COMMUNITY JOURNALISM, COMMUNITY SERVICE, AND COMMUNITY OUTREACH.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1278 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE DR. JOHN J. DUFFY FOR FOUR DECADES OF OUTSTANDING SERVICE AND LEADERSHIP AS A DISTINGUISHED EDUCATOR, SCHOLAR, AND ADMINISTRATOR AT THE UNIVERSITY OF SOUTH CAROLINA, UPON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1279 (Word version) -- Senator Fair: A SENATE RESOLUTION TO RECOGNIZE NINE-YEAR-OLD ANDREA WILLIAMS OF GREENVILLE COUNTY FOR HER COURAGEOUS EFFORT IN SAVING HER GRANDMOTHER FROM DROWNING.
The Senate Resolution was adopted.
S. 1280 (Word version) -- Senator Fair: A SENATE RESOLUTION TO RECOGNIZE EIGHT-YEAR-OLD CRYSTAL WILLIAMS OF GREENVILLE COUNTY FOR HER COURAGEOUS EFFORT IN SAVING HER GRANDMOTHER FROM DROWNING.
The Senate Resolution was adopted.
S. 1281 (Word version) -- Senator Holland: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER IN EVALUATING THE LAWS CONCERNING THE JURISDICTION, NUMBER OF AVAILABLE POSITIONS, LOCATION, QUALIFICATIONS, CONTINUING EDUCATION AND CERTIFICATION REQUIREMENTS, AND COMPENSATION AND OTHER BENEFITS OF MAGISTRATES IN EACH COUNTY AND THROUGHOUT THE STATE AND THE MAGISTRATES COURTS' ROLE IN THE UNIFORM JUDICIAL SYSTEM.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1282 (Word version) -- Senators Wilson, Courson, Setzler, Giese, Ryberg and Lander: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF MR. LLOYD EDWARD KIRKLAND, SR. OF WEST COLUMBIA, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Senate Resolution was adopted.
H. 4977 (Word version) -- Rep. McLeod: A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, OR WHILE HIS LICENSE IS SUSPENDED, SO AS TO REVISE THE PROCEDURE TO DISPOSE OF A FORFEITED VEHICLE IF THE CONVICTED PERSON FAILS TO FILE AN APPEAL WITHIN TEN DAYS OF HIS CONVICTION.
Read the first time and referred to the Committee on Judiciary.
H. 4978 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF EAST GREER STREET IN THE TOWN OF HONEA PATH IN ANDERSON COUNTY "FRED T. MOORE FOUR LANE".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4979 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 413 IN ANDERSON COUNTY THE "M. E. MCDONALD HIGHWAY".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5148 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF AUGUST, 1998, AS "GANG VIOLENCE AWARENESS MONTH" IN SOUTH CAROLINA IN ORDER TO RAISE PUBLIC AWARENESS OF THIS INCREASING PROBLEM IN OUR STATE, AND TO REQUEST THE ATTORNEY GENERAL TO PROVIDE A REPORT TO THE GENERAL ASSEMBLY ON THE STATUS OF GANG VIOLENCE IN SOUTH CAROLINA TO INFORM PARENTS AND OTHERS OF THE PROBLEM OF CRIMINAL GANGS.
Introduced and referred to the Committee on Judiciary.
H. 5200 (Word version) -- Reps. Witherspoon, Barfield and Keegan: A BILL TO AMEND ACT 612 OF 1980, RELATING TO THE COMPENSATION OF MEMBERS OF THE HORRY COUNTY BOARD OF EDUCATION, SO AS TO INCREASE THE ANNUAL COMPENSATION OF MEMBERS OF THE BOARD AND PROVIDE WHEN THE INCREASE IS EFFECTIVE.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 5201 (Word version) -- Rep. G. Brown: A BILL TO AMEND ACT 616 OF 1980, RELATING TO COMPENSATION AND TRAVEL ALLOWANCE OF MEMBERS OF THE LEE COUNTY BOARD OF EDUCATION, SO AS TO INCREASE THE AMOUNT OF COMPENSATION AND TRAVEL ALLOWANCE PAYABLE TO MEMBERS OF THE BOARD AND TO ALLOW THE PROVISION OF MEDICAL INSURANCE COVERAGE FOR THE MEMBERS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator LEVENTIS, with unanimous consent, H. 5201 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 5204 (Word version) -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION RECOUNTING THE PROUD HISTORY AND GLORIOUS PAST OF MOUNT PLEASANT BAPTIST CHURCH AT FORT MOTTE IN CALHOUN COUNTY AND RECORDING IT FOR FUTURE GENERATIONS AS A LESSON IN THE POWER OF KNOWLEDGE AND FAITH IN FORMING A STRONG COMMUNITY AND STATE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5205 (Word version) -- Rep. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING MR. TYRONE CORBIN OF THE NATIONAL BASKETBALL ASSOCIATION'S ATLANTA HAWKS AND RICHLAND COUNTY ON BEING NAMED 1998 CO-MALE PROFESSIONAL PLAYER OF THE YEAR BY THE SOUTH CAROLINA ATHLETIC HALL OF FAME AND COMMENDING HIM ON HIS OUTSTANDING ACCOMPLISHMENTS DURING HIS THIRTEEN-YEAR CAREER AS A PLAYER IN THE NATIONAL BASKETBALL ASSOCIATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5210 (Word version) -- Reps. Wilkins, Haskins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE HONORABLE VICTORIA T. MULLEN OF BEAUFORT COUNTY, OUR DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HER DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AS A LEGISLATOR AND FOR HER FRIENDSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5211 (Word version) -- Reps. Knotts, Wilkins, Harrison, D. Smith, Fleming, Altman, Baxley, Beck, Campsen, Clyburn, Cotty, Delleney, Easterday, Govan, Hawkins, Jennings, Klauber, Maddox, McCraw, McMaster, Scott, Simrill, Whatley, Whipper, Young, Allison, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Canty, Carnell, Cato, Cave, Chellis, Cobb-Hunter, Cooper, Dantzler, Davenport, Edge, Emory, Felder, Gamble, Gourdine, Hamilton, Harrell, A. Harris, Harvin, Haskins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McAbee, McGee, McKay, McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Wilder, Wilkes, Witherspoon, Woodrum, and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE HONORABLE JAMES L. MANN (BUBBA) CROMER, JR., OF RICHLAND COUNTY, OUR DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HIS EIGHT YEARS OF OUTSTANDING, DEDICATED SERVICE TO SOUTH CAROLINA AS A LAWMAKER.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5212 (Word version) -- Reps. Wilkins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young, and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE BRADLEY L. "BRAD" JORDAN OF ANDERSON COUNTY, OUR RESPECTED COLLEAGUE AND FRIEND, FOR HIS OUTSTANDING SERVICE TO THE PEOPLE OF SOUTH CAROLINA DURING THE 1997-1998 LEGISLATIVE SESSION AND EXTENDING BEST WISHES IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5213 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE THE TOWN THEATRE (THE COLUMBIA STAGE SOCIETY) OF COLUMBIA AS IT CELEBRATES ITS EIGHTIETH ANNIVERSARY WITH THE UPCOMING 1998-99 SEASON, AND TO RECOGNIZE IT AS A TREASURE TO ACTORS, ARTISTS, AND AUDIENCES ALIKE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5214 (Word version) -- Rep. Koon: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE LEXINGTON HIGH SCHOOL CHORUS ON THE OCCASION OF THEIR BEING NAMED GRAND CHAMPION OF THE FIESTA-VAL INVITATIONAL MUSIC FESTIVAL HELD IN ATLANTA, GEORGIA ON THE 17TH AND 18TH OF APRIL, 1998.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5215 (Word version) -- Rep. Gamble: A CONCURRENT RESOLUTION THANKING CARL B. STOKES, DIRECTOR OF THE DIVISION OF LAW ENFORCEMENT AND SAFETY AT THE UNIVERSITY OF SOUTH CAROLINA, FOR HIS MORE THAN FORTY-THREE YEARS OF LAUDABLE LAW ENFORCEMENT SERVICE TO THE STATE OF SOUTH CAROLINA, AND EXTENDING BEST WISHES TO HIM AS HE ANTICIPATES HIS HARD-EARNED AND WELL-DESERVED RETIREMENT ON JUNE 30, 1998.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5216 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SOUTH CAROLINA FUNERAL DIRECTORS ASSOCIATION ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5221 (Word version) -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION TO RECOGNIZE DR. HENRY LUCIUS LAFFITTE OF ALLENDALE FOR HIS FIFTY YEARS OF OUTSTANDING, DEDICATED SERVICE TO THE CITIZENS OF ALLENDALE COUNTY AND THE MEDICAL COMMUNITY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5222 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION COMMENDING AND THANKING JOHNATHAN MOULTRIE OF GEORGETOWN FOR HIS OUTSTANDING SERVICE TO THE SCHOOL DISTRICT OF GEORGETOWN COUNTY AND PUBLIC EDUCATION IN SOUTH CAROLINA, AND EXTENDING BEST WISHES TO HIM FOR HAPPINESS FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5223 (Word version) -- Reps. R. Smith and Beck: A CONCURRENT RESOLUTION CONGRATULATING THE NORTH AUGUSTA SWARM BASKETBALL TEAM ON WINNING THE YOUTH BASKETBALL OF AMERICA SOUTH CAROLINA CHAMPIONSHIP AND WISHING THEM GOOD LUCK IN THE NATIONAL CHAMPIONSHIP IN JULY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5224 (Word version) -- Reps. Cave and Scott: A CONCURRENT RESOLUTION TO RECOGNIZE THE COURAGE OF MRS. PINKIE SMITH JOHNSON OF ALLENDALE COUNTY IN FURTHERING THE CAUSES OF EDUCATION, CIVIL RIGHTS, AND VOTER REGISTRATION IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5225 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE CLARENDON COUNTY TUTOR-MENTOR PROGRAM ON RECEIVING THE "COMMUNITY GROUP OF THE YEAR" AWARD FROM THE SOUTH CAROLINA DEPARTMENT OF JUVENILE JUSTICE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5226 (Word version) -- Reps. Bauer, Koon, Knotts and Fleming: A CONCURRENT RESOLUTION COMMENDING AND THANKING WAYNE REYNOLDS CORLEY FOR HIS DEDICATED SERVICE TO THE IRMO FIRE DISTRICT.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator HOLLAND from the Committee on Judiciary polled out H. 3383 favorable with amendment: H. 3383 (Word version) -- Reps. Robinson, Cotty, Inabinett, Lloyd, Whipper, Campsen, Trotter, Sandifer, Klauber, Altman and Beck: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO AS TO PROVIDE FOR THE AWARD OF ATTORNEY'S FEES IN CONTESTED ADMINISTRATIVE PROCEEDINGS UNDER THE ADMINISTRATIVE PROCEDURES ACT THAT ARE INITIATED BY THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR A PARTY CONTESTING SUCH ACTION.
Holland McConnell Bryan Wilson Moore Courtney Cork Ford Gregory Lander Martin Mescher Rankin Elliott
Saleeby Russell Glover Jackson
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education polled out H. 5117 favorable: H. 5117 (Word version) -- Reps. McGee, McKay and Young: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SOUTH CAROLINA TUITION PREPAYMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2253, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Setzler Bryan Giese Matthews Wilson Courson Washington Hayes Cork Lander Mescher Rankin Short Anderson
Saleeby Russell Glover Waldrep
Ordered for consideration tomorrow.
Senator DRUMMOND from the Chairmen's Committee polled out H. 5159 favorable: H. 5159 (Word version) -- Reps. Wilkins, Haskins, Harrison, Cato, H. Brown, Townsend, J. Brown, Sharpe and D. Smith: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 4, 1998, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 16, 1998, IN STATEWIDE SESSION AND TO CONTINUE IN STATEWIDE SESSION IF NECESSARY UNTIL WEDNESDAY, JUNE 17, 1998, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON WEDNESDAY, JUNE 17, 1998, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Drummond Holland Saleeby Smith Land Setzler Leventis McConnell Moore
Peeler Courson
Leatherman Thomas Wilson
Ordered for consideration tomorrow.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Concurrent Resolution.
Senators DRUMMOND and HOLLAND proposed the following Amendment No. 1 (5159R001.FC):
Amend the resolution, as and if amended, by striking all after the resolving clause and inserting:
/That if House Bill H. 4700 and House Bill H. 4702 have been ratified and sent to the Governor prior to adjournment on June 4, 1998 then,
A. (I) pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the sine die adjournment date for the General Assembly is extended to permit the General Assembly to continue in session after Thursday, June 4, 1998, under the terms and conditions stipulated in this resolution and for this purpose each house agrees that when the Senate and House of Representatives adjourn on Thursday, June 4, 1998,not later than 5:00 p.m., each house shall stand adjourned to meet in statewide session at 11:00 a.m. on Tuesday, June 16, 1998, and thereafter on June 16 to meet in joint assembly in the Hall of the House of Representatives at 12:00 noon for the purpose of elections for judicial offices and a member of the Consumer Affairs Commission and to continue in statewide session, if necessary, not later than 5:00 p.m. on Thursday, June 18, 1998, for the following matters and subject to the following conditions as applicable:
(1) consideration of gubernatorial vetoes;
(2) ratification of acts;
(3) consideration and confirmation of appointments;
(4) consideration of local legislation which has the unanimous consent of the affected delegation;
(5) concurrence or non-concurrence in amendments on bills received from the other house and receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees and messages pertaining to such reports and appointments;
(6) consideration of resolutions expressing sympathy or congratulations, setting or changing the time for sine die adjournment or changing the date and time for a joint assembly for the purpose of conducting elections;
(7) elections shall be limited to offices for which candidates have been screened by the appropriate committee or commission provided that all nominations for any office may only be made by the Chairman of the respective screening committee or commission and no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate; and
(8) consideration of legislation to continue appropriation authorizations and necessary provisos of Act 155 of 1997 beyond June 30, 1998.
(II) Each house may also provide for local session days during the period between June 4, 1998, and June 16, 1998, for consideration of local legislation which has the unanimous consent of the affected delegation and for their presiding officers to meet for the ratification of acts.
(III) When each house adjourns not later than 5:00 p.m. on Thursday, June 18, 1998, the General Assembly shall stand adjourned sine die.
Provided, however, that if House Bill H. 4700 and House Bill H. 4702 have not been ratified and sent to the Governor prior to adjournment on June 4, 1998 then,
B. (I) pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the sine die adjournment date for the General Assembly is extended and the General Assembly may continue in session after Thursday, June 4, 1998, and for this purpose each house agrees that when the Senate and House of Representatives adjourn on Thursday, June 4, 1998,not later than 5:00 p.m., each house shall stand adjourned to meet in statewide session at 11:00 a.m. on Tuesday, June 9, 1998, and thereafter to meet in joint assembly on Wednesday, June 10 in the Hall of the House of Representatives at 12:00 noon for the purpose of elections for judicial offices and a member of the Consumer Affairs Commission and to continue thereafter in statewide session until H. 4700 and H. 4702 have been ratified and sent to the governor and thereafter, each body may recede or adjourn as it deems appropriate provided that the Senate and House of Representatives shall reconvene in statewide session on the seventh day following the date on which H. 4700 and H. 4702 are delivered to the Governor and thereafter continue in statewide session from day to day until the General Assembly has considered all of the vetoes returned by the Governor. Provided, however, that on the day when the General Assembly completes consideration of all vetoes returned by the Governor, it shall stand adjourned, sine die, not later than 5:00 p.m.
(II) The elections authorized in Section B (I) shall be limited to offices for which candidates have been screened by the appropriate committee or commission provided that all nominations for any office may only be made by the Chairman of the respective screening committee or commission and no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate./
Amend title to conform.
Senator MOORE explained the amendment. On motion of Senator DRUMMOND, with unanimous consent, consideration was interrupted.
Senator MARTIN assumed the Chair at 2:00 P.M.
Senator DRUMMOND was recognized to address the Senate regarding the work of the Committee of Conference on H. 4700, the General Appropriation Bill.
Senator LAND was recognized to address the Senate regarding the work of the Committee of Conference on H. 4700, the General Appropriation Bill.
Senator MATTHEWS moved that it be the Sense of the Senate that the Senate Conference Committee on H. 4700, the General Appropriation Bill, be directed to support the Senate's position on funding the EXCEL program at $35 million above the base funding of $10 million.
The motion was adopted.
Senators FAIR and THOMAS desired to be recorded as voting against the Sense of the Senate motion.
At 2:10 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 3:15 P.M.
The Senate reassembled at 3:17 P.M. and was called to order by the PRESIDENT.
At 3:18 P.M., on motion of Senator MOORE, the Senate receded from business until 3:30 P.M.
At 3:32 P.M., the Senate resumed.
H. 5159 (Word version) -- Reps. Wilkins, Haskins, Harrison, Cato, H. Brown, Townsend, J. Brown, Sharpe and D. Smith: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 4, 1998, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 16, 1998, IN STATEWIDE SESSION AND TO CONTINUE IN STATEWIDE SESSION IF NECESSARY UNTIL WEDNESDAY, JUNE 17, 1998, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON WEDNESDAY, JUNE 17, 1998, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
The Senate resumed consideration of the Concurrent Resolution, the question being the adoption of Amendment No. 1 (5159R001.FC) proposed by Senators DRUMMOND and HOLLAND.
On motion of Senator LEATHERMAN, with unanimous consent, Amendment No. 2 was taken up for immediate consideration.
Senator LEATHERMAN proposed the following Amendment No. 2 (5159R002.HKL), which was tabled:
Amend the amendment proposed by Senators Drummond and Holland bearing document number 5159r001.fc, beginning on page 2, by striking the following:
/Provided, however, that if House Bill H. 4700 and House Bill H. 4702 have not been ratified and sent to the Governor prior to adjournment on June 4, 1998 then,
B. (I) pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the sine die adjournment date for the General Assembly is extended and the General Assembly may continue in session after Thursday, June 4, 1998, and for this purpose each house agrees that when the Senate and House of Representatives adjourn on Thursday, June 4, 1998,not later than 5:00 p.m., each house shall stand adjourned to meet in statewide session at 11:00 a.m. on Tuesday, June 9, 1998, and thereafter to meet in joint assembly on Wednesday, June 10 in the Hall of the House of Representatives at 12:00 noon for the purpose of elections for judicial offices and a member of the Consumer Affairs Commission and to continue thereafter in statewide session until H. 4700 and H. 4702 have been ratified and sent to the governor and thereafter, each body may recede or adjourn as it deems appropriate provided that the Senate and House of Representatives shall reconvene in statewide session on the seventh day following the date on which H. 4700 and H. 4702 are delivered to the Governor and thereafter continue in statewide session from day to day until the General Assembly has considered all of the vetoes returned by the Governor. Provided, however, that on the day when the General Assembly completes consideration of all vetoes returned by the Governor, it shall stand adjourned, sine die, not later than 5:00 p.m./
Amend title to conform.
Senator LEATHERMAN explained the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator McCONNELL moved to lay the amendment on the table.
The amendment was laid on the table.
The question then was the adoption of Amendment No. 1.
Senator DRUMMOND spoke on the amendment.
Senator MOORE asked unanimous consent to make a motion to amend Amendment No. 1.
There was no objection and Amendment No. 1 was perfected as follows:
Senators DRUMMOND and HOLLAND proposed the following Amendment No. 1A (5159R006.FC):
Amend the resolution, as and if amended, by striking all after the resolving clause and inserting:
/I. Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the sine die adjournment date for the General Assembly is extended to permit the General Assembly to continue in session after Thursday, June 4, 1998, under the terms and conditions stipulated in this resolution and for this purpose each house agrees that when the Senate and House of Representatives adjourn on Thursday, June 4, 1998, not later than 5:00 p.m., each house shall stand adjourned to meet in statewide session at 11:00 a.m. on Tuesday, June 16, 1998, and thereafter on June 16 to meet in joint assembly in the Hall of the House of Representatives at 12:00 noon for the purpose of elections for judicial offices and a member of the Consumer Affairs Commission and to continue in statewide session, if necessary, not later than 5:00 p.m. on Thursday, June 18, 1998, for the following matters and subject to the following conditions as applicable:
(1) consideration of gubernatorial vetoes;
(2) ratification of acts;
(3) consideration and confirmation of appointments;
(4) consideration of local legislation which has the unanimous consent of the affected delegation;
(5) concurrence or non-concurrence in amendments on bills received from the other house and receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees and messages pertaining to such reports and appointments;
(6) consideration of resolutions expressing sympathy or congratulations or changing the date and time for a joint assembly for the purpose of conducting elections;
(7) elections shall be limited to offices for which candidates have been screened by the appropriate committee or commission provided that all nominations for any office may only be made by the Chairman of the respective screening committee or commission and no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate; and
(8) consideration of legislation to continue appropriation authorizations and necessary provisos of Act 155 of 1997 beyond June 30, 1998.
II. Each house may also provide for local session days during the period between June 4, 1998, and June 16, 1998, for consideration of local legislation which has the unanimous consent of the affected delegation and for their presiding officers to meet for the ratification of acts.
III. When each house adjourns not later than 5:00 p.m. on Thursday, June 18, 1998, the General Assembly shall stand adjourned sine die./
Amend the resolution further, as and if amended, by striking the title in its entirety and inserting in lieu thereof:
/TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 4, 1998, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 16, 1998, IN STATEWIDE SESSION AND THEREAFTER ON JUNE 16 TO MEET IN JOINT ASSEMBLY AT 12:00 NOON FOR JUDICIAL ELECTIONS AND A MEMBER OF THE CONSUMER AFFAIRS COMMISSION AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 18, 1998, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 18, 1998, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE./
Amend title to conform.
Senator LEATHERMAN made a Parliamentary Inquiry as to whether a majority vote would be required to adopt the amendment inasmuch as it was a "strike and insert" amendment and would, therefore, become the Resolution, if amended.
The PRESIDENT stated that the adoption of the amendment would require a majority vote and the adoption of the Concurrent Resolution would require a two-thirds vote of those present.
Senator THOMAS argued contra to the adoption of the amendment, as perfected.
Senator THOMAS continued arguing contra to the adoption of the amendment, as perfected.
At 5:10 P.M., with Senator THOMAS retaining the floor, on motion of Senator MOORE, the Senate receded from business not to exceed five minutes.
At 5:20 P.M., the Senate resumed.
Senator THOMAS continued arguing contra to the adoption of the amendment, as perfected.
With Senator THOMAS retaining the floor on H. 5159, on motion of Senator MOORE, with unanimous consent, the Resolution was carried over pending consideration of the uncontested matters on the local and statewide Calendar, and further, that when the Senate reverted to the consideration of H. 5159, it would also proceed to a consideration of a continuing resolution.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator PASSAILAIGUE spoke on the report.
On motion of Senator PASSAILAIGUE, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT Pro Tempore appointed Senators PASSAILAIGUE, SETZLER and HAYES to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator PASSAILAIGUE, the Report of the Committee of Free Conference to H. 3605 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3605 (Word version) -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 12-24-40 of the 1976 Code, as amended by Act 73 of 1997, is further amended to read:
"Section 12-24-40. Exempted from the fee imposed by this chapter are deeds:
(1) transferring realty in which the value of the realty, as defined in Section 12-24-30, is equal to or less than one hundred dollars;
(2) transferring realty to the federal government or to a state, its agencies and departments, and its political subdivisions, including school districts;
(3) that are otherwise exempted under the laws and Constitution of this State or of the United States;
(4) transferring realty in which no gain or loss is recognized by reason of Section 1041 of the Internal Revenue Code as defined in Section 12-6-40(A);
(5) transferring realty in order to partition realty, as long as no consideration is paid for the transfer other than the interests in the realty that are exchanged in order to effect the partition;
(6) transferring an individual grave space at a cemetery owned by a cemetery company licensed under Chapter 55 of Title 39;
(7) that constitute a contract for the sale of timber to be cut;
(8) transferring realty to a corporation, a partnership, or a trust as a stockholder, partner, or trust beneficiary of the entity or so as to become a stockholder, partner, or trust beneficiary of the entity as long as no consideration is paid for the transfer other than stock in the corporation, interest in the partnership, beneficiary interest in the trust, or the increase in value in the stock or interest held by the grantor. However, except for transfers from one family trust to another family trust without consideration, the transfer of realty from a corporation, a partnership, or a trust to a stockholder, partner, or trust beneficiary of the entity is subject to the fee, even if the realty is transferred to another corporation, a partnership, or trust;
(9) transferring realty from a family partnership to a partner or from a family trust to a beneficiary, as long as no consideration is paid for the transfer other than a reduction in the grantee's interest in the partnership or trust. A 'family partnership' is a partnership whose partners are all members of the same family. A 'family trust' is a trust in which the beneficiaries are all members of the same family. 'Family' means the grantor, the grantor's spouse, parents, grandparents, sisters, brothers, children, stepchildren, grandchildren, and the spouses and lineal descendant of any of them, and the grantor's and grantor's spouse's heirs under a statute of descent and distribution. A 'family partnership' or 'family trust' also includes charitable entities, other family partnerships and family trusts of the grantor, and charitable remainder and charitable lead trusts, if all the beneficiaries are charitable entities or members of the grantor's family. A 'charitable entity' means an entity which may receive deductible contributions under Section 170 of the Internal Revenue Code as defined in Section 12-6-40(A);
(10) transferring realty in a statutory merger or consolidation from a constituent corporation to the continuing or new corporation;
(11) transferring realty in a merger or consolidation from a constituent partnership to the continuing or new partnership;
(12) that constitute a corrective deed or a quitclaim deed used to confirm title already vested in the grantee, as long as no consideration is paid or is to be paid under the corrective or quitclaim deed.;
(13) transferring realty subject to a mortgage to the mortgagee whether by a deed in lieu of foreclosure executed by the mortgagor or deed executed pursuant to foreclosure proceedings."
SECTION 2. This act takes effect upon approval by the Governor and applies with respect to deeds recorded on or after that date./
Amend title to read:
TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPT FROM THE RECORDING FEE, SO AS TO EXEMPT DEEDS IN LIEU OF FORECLOSURE AND DEEDS EXECUTED PURSUANT TO FORECLOSURE PROCEEDINGS./
/s/Ernest L. Passailaigue, Jr. /s/Woodrow M. McKay /s/Nikki G. Setzler /s/Thomas G. Keegan /s/Robert W. Hayes, Jr. /s/James H. Harrison On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
On motion of Senator SETZLER, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator SETZLER spoke on the report.
On motion of Senator SETZLER, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT Pro Tempore appointed Senators SETZLER, BRYAN and HAYES to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator SETZLER, the Report of the Committee of Free Conference to S. 850 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 850 (Word version) -- 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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill do pass amended as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/SECTION 1. This act will be known and may be cited as the "South Carolina Education Accountability Act of 1998.
SECTION 2. Chapter 18 , Title 59 of the 1976 Code is amended to read:
Section 59-18-100. The General Assembly finds that South Carolinians have a commitment to public education and a conviction that high expectations for all students are vital components for improving academic achievement. It is the purpose of the General Assembly in this chapter to establish a performance based accountability system for public education which focuses on improving teaching and learning so that students are equipped with a strong academic foundation. Accountability, as defined by this chapter, means acceptance of the responsibility for improving student performance and taking actions to improve classroom practice and school performance by the Governor, the General Assembly, the State Department of Education, colleges and universities, local school boards, administrators, teachers, parents, students, and the community.
Section 59-18-110. The system is to:
(1) use academic achievement standards to push schools and students toward higher performance by aligning the state assessment to those standards and linking policies and criteria for performance standards, accreditation, reporting, school rewards, and targeted assistance;
(2) to provide an annual report card with a performance indicator system that is logical, reasonable, fair, challenging, and technically defensible which furnishes clear and specific information about school and district academic performance and other performance to parents and the public;
(3) require all districts to establish local accountability systems to stimulate quality teaching and learning practices and to target assistance to low performing schools;
(4) provide resources to strengthen the process of teaching and learning in the classroom to improve student performance and reduce gaps in performance;
(5) support professional development as integral to improvement and to the actual work of teachers and school staff; and
(6) expand the ability to evaluate the system and to conduct in-depth studies on implementation, efficiency, and the effectiveness of academic improvement efforts.
Section 59-18-120. As used in this chapter:
(1) 'Oversight Committee' means the Education Oversight Committee established in Section 59-6-10.
(2) 'Standards based assessment' means an assessment where an individual's performance is compared to specific performance standards and not to the performance of other students.
(3) 'Disaggregated data' means data broken out for specific groups within the total student population, such as by race, gender, and family income level.
(4) 'Longitudinally matched student data' means examining the performance of a single student or a group of students by considering their test scores over time.
(5) 'Norm-referenced assessment' means assessments designed to compare student performance to a nationally representative sample of similar students known as the norm group.
(6) 'Academic achievement standards' means statements of expectations for student learning.
(7) 'Department' means the State Department of Education.
(8) 'Absolute performance' means the rating a school will receive based on the percentage of students meeting standard on the state's standards based assessment.
(9) 'Improvement performance' means the rating a school will receive based on longitudinally matched student data comparing current performance to the previous year's for the purpose of determining student academic growth.
(10) `Objective and reliable statewide assessment' means assessments which yield consistent results and which measure the cognitive knowledge and skills specified in the state-approved academic standards and does not include questions relative to personal opinions, feelings, or attitudes and is not biased with regard to race, gender, or socioeconomic status. It is not intended that the assessments be limited to true/false or multiple choice questions.
(11) 'Division of Accountability' means the special unit within the oversight committee established in Section 59-6-10.
Section 59-18-130. The State Board of Education is directed to adopt grade specific performance-oriented educational standards in the core academic areas of mathematics, English/language arts, social studies (history, government, economics, and geography), and science for kindergarten through twelfth grade and for grades nine through twelve adopt specific academic standards for benchmark courses in mathematics, English/language arts, social studies, and science. The standards are to promote the goals of providing every student with the competencies to:
(1) read, view, and listen to complex information in the English language;
(2) write and speak effectively in the English language;
(3) solve problems by applying mathematics;
(4) conduct research and communicate findings;
(5) understand and apply scientific concepts;
(6) obtain a working knowledge of world, United States, and South Carolina history, government, economics, and geography; and
(7) use information to make decisions.
The standards must be reflective of the highest level of academic skills with the rigor necessary to improve the curriculum and instruction in South Carolina's schools so that students are encouraged to learn at unprecedented levels and must be reflective of the highest level of academic skills at each grade level.
Section 59-18-140. (A) Notwithstanding any other provision of law, the State Board of Education, through the Department of Education, is required to develop or adopt a statewide assessment program to measure student performance on state standards and:
(1) identify areas in which students need additional support;
(2) indicate the academic achievement for schools, districts, state; and
(3) satisfy federal reporting requirements.
All assessments required to be developed or adopted under the provisions of this section or chapter must be objective and reliable.
(B) The statewide assessment program in the four academic areas shall include grades three through eight, an exit examination which is to be first administered in grade ten, and end of course tests for gateway courses in English/language arts, mathematics, science, and social studies for grades nine through twelve. A standards based assessment will be developed for grades one and two for use by schools and districts as deemed appropriate by the district officials.
(C) While assessment is called for in the specific areas mentioned above, this should not be construed as lessening the importance of foreign languages, visual and performing arts, health, physical education, and career/occupational programs.
Section 59-18-150. (A) After the first statewide field test of the assessment program in each of the four academic areas, and after the field tests of the end of course assessments of benchmark courses, the Education Oversight Committee, established in Section 59-6-10, will review the state assessment program and the course assessments for alignment with the state standards, level of difficulty and validity, and for the ability to differentiate levels of achievement, and will make recommendations for needed changes, if any. The review will be provided to the State Board of Education, the State Department of Education, the Governor, the Senate Education Committee, and the House Education and Public Works Committee as soon as feasible after the field tests. The Department of Education will then report to the Education Oversight Committee no later than one month after receiving the reports on the changes made to the assessments to comply with the recommendations.
(B) After review and approval by the Education Oversight Committee, the standards based assessment of mathematics, English/language arts, social studies, and science will be administered to all public school students to include those students as required by the 1997 reauthorization of the Federal Individuals with Disabilities Education Act and by Title 1 at the end of grades three through eight. The exit examination in these four academic areas will be administered for the first time at the end of grade ten. For students with documented disabilities, the assessments developed by the Department of Education shall include the appropriate modifications and accommodations with necessary supplemental devices as outlined in a student's Individualized Education Program and as stated in the Administrative Guidelines and Procedures for Testing Students with Documented Disabilities.
(C) After review and approval by the Education Oversight Committee, the end of course assessments of benchmark courses will be administered to all public school students as they complete each benchmark course.
(D) Any new standards and assessments required to be developed and adopted by the State Board of Education, through the Department of Education, must be developed and adopted upon the advice and consent of the Education Oversight Committee .
Section 59-18-160. The State Board of Education, through the State Department of Education, shall develop, select, or adapt a first grade readiness test which is linked to the adopted grade one academic standards and a second grade readiness test which is linked to the adopted grade two academic standards. The first administration of this test must occur no later than the 2000-2001 school year. The purpose of the tests is to measure individual student readiness and they are not to be used as an accountability measure at the state level. However, the grade two readiness test will serve as the baseline for grade three assessment.
Section 59-18-170. The State Board of Education, following the recommendations of the Accountability Division of the Education Oversight Committee, is directed to select a norm referenced test to obtain an indication of student and school performance relative to national performance levels. The test must be administered annually to a statistically valid random sample of students in at least three grades from grades three through eleven. The Oversight Committee shall determine an appropriate sampling plan for the norm referenced test that must be administered beginning in the 1999-2000 school year.
Section 59-18-180. High schools shall offer state-funded PSAT or PLAN tests to each tenth grade student in order to assess and identify curricular areas that need to be strengthened and re-enforced. Schools and districts shall use these assessments as diagnostic tools to provide academic assistance to students whose scores reflect the need for such assistance. Schools and districts shall use these assessments to provide guidance and direction for parents and students as they plan for postsecondary experiences.
Section 59-18-190. The State Board of Education, in consultation with the Education Oversight Committee, shall provide for a cyclical review by academic area of the state standards and assessments to ensure that the standards and assessments are maintaining high expectations for learning and teaching. All academic areas must be initially reviewed by the year 2005. At a minimum, each academic area should be reviewed and updated every four years. After each academic area is reviewed, a report on the recommended revisions must be presented to the Education Oversight Committee for its consideration. After approval by the Education Oversight Committee, the recommendations may be implemented. As a part of the review, a task force of parents, business and industry persons, community leaders, and educators, to include special education teachers, must examine the standards and assessment system to determine rigor and relevancy.
Section 59-18-200. The Department of Education is directed to provide assessment results annually on individual students and schools in a manner and format that is easily understood by parents and the public. In addition, the school assessment results must be presented in a format easily understood by the faculty and in a manner that is useful for curriculum review and instructional improvement. The department is to provide longitudinally matched student data from the standards based assessments and include information on the performance of subgroups of students within the school. The department must work with the Division of Accountability in developing the formats of the assessment results. Schools and districts shall be responsible for disseminating this information to parents.
Section 59-18-210. (A) Beginning 1998-99 and annually thereafter, at the beginning of each school year, the school must notify the parents of the need for a conference for each student in grades three through eight who lacks the skills to perform at his current grade level based on assessment results, school work, or teacher judgement. At the conference, the student, parent, and appropriate school personnel will discuss the steps needed to ensure student success at the next grade level. An academic plan will be developed to outline additional services the school and district will provide, and the actions the student and the parents will undertake to further student success.
(B) The participants in the conference will sign-off on the academic plan, including any requirement for summer school attendance. Should a parent, after attempts by the school to schedule the conference at their convenience, not attend the conference, the school will appoint a school mentor, either a teacher or adult volunteer, to work with the student and advocate for services. A copy of the academic plan will be sent to the parents by certified mail.
(C) At the end of the school year, the student's performance will be reviewed by appropriate school personnel. If the student's work has not been at grade level or if the terms of the academic plan have not been met, the student may be retained or he may be required to attend summer school for promotion. If there is a compelling reason why the student should not be required to attend summer school or be retained, the parent or student may appeal to a district review panel.
(D) At the end of summer school, a district panel will review the student's progress and report to the parents whether the student's academic progress indicates readiness to achieve grade level standards for the next grade. If the student is not at grade level or the student's assessment results show standards are not met, the student will be placed on academic probation. A conference of the student, parents, and appropriate school personnel will revise the academic plan to address academic difficulties. At the conference it must be stipulated that academic probation means if either school work is not up to grade level or if assessment results again show standards are not met, the student will be retained. The district's appeals process remains in effect.
(E) Each district board of trustees will establish policies on academic conferences, individual student academic plans, and district level reviews. Information on these policies must be given to every student and parent. Each district is to monitor the implementation of academic plans as a part of the local accountability plan. Districts are to use Act 135 of 1993 academic assistance funds to carry out academic plans, including required summer school attendance. Districts' policies regarding retention of students in grades one and two remain in effect.
(F) The State Board of Education, working with the Oversight Committee, will establish guidelines until regulations are promulgated to carry out this section. The State Board of Education, working with the Accountability Division, will promulgate regulations requiring the reporting of the numbers of students retained at each grade level, the numbers of students on probation, number of students retained after being on probation, and number of students removed from probation. This data will be used as a performance indicator for accountability.
Section 59-18-300. The criteria governing the adoption of instructional materials shall be revised by the State Board of Education to require that the content of such materials reflect the substance and level of performance outlined in the grade specific educational standards adopted by the state board.
Section 59-18-400. By November 2000, the State Board of Education, working with the Department of Education and recommendations from the Accountability Division, must promulgate regulations to outlining the criteria for the state's accreditation system which must include student academic performance.
Section 59-18-500. (A) The Education Oversight Committee, working with the State Board of Education, is directed to establish an annual report card and its format to report on the performance for the individual elementary, middle, high schools, and school districts of the State. The school's ratings on academic performance must be emphasized and an explanation of their significance for the school and the district must also be reported. The annual report card must serve at least four purposes:
(1) inform parents and the public about the school's performance;
(2) assist in addressing the strengths and weaknesses within a particular school;
(3) recognize schools with high performance; and
(4) evaluate and focus resources on schools with low performance.
(B) The Oversight Committee shall determine the criteria for and establish five academic performance ratings of excellent, good, average, below average, and unsatisfactory. Schools and districts shall receive a rating for absolute and improvement performance. Only the scores of students enrolled in the school at the time of the forty-five day enrollment count shall be used to determine the absolute and improvement ratings. The Oversight Committee shall establish student performance indicators which will be those considered to be useful for assessing a school's overall performance and appropriate for the grade levels within the school.
(C) In setting the criteria for the academic performance ratings and the performance indicators, the Education Oversight Committee shall report the performance by subgroups of students in the school and schools similar in student characteristics, consideration of these factors must be given only in the improvement rating. Criteria must use established guidelines for statistical analysis and build on current data-reporting practices.
(D) The report card must include a comprehensive set of performance indicators with information on comparisons, trends, needs, and performance over time which is helpful to parents and the public in evaluating the school. Special efforts are to be made to ensure that the information contained in the report cards is provided in an easily understood manner and a reader friendly format. This information should also provide a context for the performance of the school. Where appropriate, the data should yield disaggregated results to schools and districts in planning for improvement. The report card should include information in such areas as programs and curriculum, school leadership, community and parent support, faculty qualifications, evaluations of the school by parents, teachers, and students. In addition, the report card must contain other criteria including, but not limited to, information on promotion and retention ratios, disciplinary climate, dropout ratios, student and teacher ratios, and attendance data.
(E) The principal, in conjunction with the School Improvement Council established in Section 59-20-60, must write an annual narrative of a school's progress in order to further inform parents and the community about the school and its operation. The narrative must cite factors or activities supporting progress and barriers which inhibit progress. The school's report card must be furnished to parents and the public no later than November fifteenth.
Section 59-18-510. No later than June 1, 1999, the Accountability Division must report on the development of the performance indicators criteria and the report card to the Education Oversight Committee and the State Board of Education. A second report, to include uniform collection procedures for academic standards and performance indicators, is due by September 1, 1999. No later than September 1999, the State Department of Education shall report to the Oversight Committee the determination of the levels of difficulty for the assessments by grade and academic area. By March 1, 2000, a report on the development of baseline data for the schools is due from the division.
Section 59-18-520. Charter schools established pursuant to Chapter 40, Title 59 will receive a performance rating and must issue a report card to parents and the public containing the rating and explaining its significance and providing other information similar to that required of other schools in this section. Alternative schools are included in the requirements of this chapter, however, the purpose of such schools must be taken into consideration in determining their performance rating. The Education Oversight Committee, working with the State Board of Education and the School to Work Advisory Council, will develop a report card for vocational schools.
Section 59-18-530. Beginning in 2001 and annually thereafter the State Department of Education must issue report cards to all schools and districts of the State no later than November first. The report card must be mailed to all parents of the school and the school district. The school, in conjunction with the district board, must also inform the community of the school's report card by advertising the results in at least one South Carolina daily newspaper of general circulation in the area. This notice must be published within ninety days of receipt of the report cards issued by the State Department of Education and must be a minimum of two columns by ten inches (four and one-half by ten inches) with at least a twenty-four point bold headline.
Section 59-18-600. The State Board of Education, working with the division and the Department of Education, must establish the Palmetto Gold and Silver Awards Program to recognize and reward schools for academic achievement. Awards will be established for schools attaining high levels of absolute performance and for schools attaining high rates of improvement. The award program must base improved performance on longitudinally matched student data and may 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 shall be rewarded according to specific criteria established by the division. In defining eligibility for a reward for high levels of performance, student performance should exceed expected levels of improvement. The State Board of Education shall promulgate regulations to ensure districts of the State utilize these funds to improve or maintain exceptional performance according to their school's plans established in Section 59-139-10. Funds may be utilized for 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 absolute achievement for three years immediately preceding.
Section 59-18-700. (A) Notwithstanding any other provision of law, a school is given the flexibility of receiving exemptions from those regulations and statutory provisions governing the Defined Program provided that, during a three-year period, the following criteria are satisfied:
(1) the school has twice been a recipient of a Palmetto Gold or Silver Award, pursuant to Section 59-18-600;
(2) the school has met annual improvement standards for subgroups of students in reading and mathematics; and
(3) the school has exhibited no recurring accreditation deficiencies.
(B) Schools receiving flexibility status are released from those regulations and statutory provisions referred to above including, but not limited to, regulations and statutory provisions on class scheduling, class structure, and staffing. The State Board of Education in consultation with the Education Oversight Committee must promulgate regulations and develop guidelines for providing this flexibility by December 1, 2001.
(C) To continue to receive flexibility pursuant to this section, a school must annually exhibit school improvement at or above the state average as computed in the school recognition program pursuant to Section 59-18-600 and must meet the gains required for subgroups of students in reading and mathematics. A school which does not requalify for flexibility status due to extenuating circumstances may apply to the State Board of Education for an extension of this status for one year.
(D) In the event that a school is removed from flexibility status, the school is not subject to regulations and statutory provisions exempted under this section until the beginning of the school year following notification of the change in status by the State Department of Education. Subsequent monitoring by the State Department of Education in a school that is removed from flexibility status shall not include a review of program records exempted under this section for the period that the school has received flexibility status or for the school year during which the school was notified of its removal from flexibility status.
Section 59-18-710. (A) Notwithstanding any other provision of law, a school designated as unsatisfactory while in such status is given the flexibility of receiving exemptions from those regulations and statutory provisions governing the Defined Program or other State Board of Education regulations, dealing with the core academic areas as outlined in Section 59-18-120, provided that the review team recommends such flexibility to the State Board of Education.
(B) Other schools may receive flexibility when their strategic plan explains why such exemptions are expected to improve the academic performance of the students and the plan meets the approval by the State Board of Education. To continue to receive flexibility pursuant to this section, a school must annually exhibit overall school improvement as outlined in its revised plan and must meet the gains set for subgroups of students in reading and mathematics. A school which does not requalify for flexibility status due to extenuating circumstances may apply to the State Board of Education for an extension of this status for one year according to the provisions for Section 59-18-700 (D).
Section 59-18-800. The State Board of Education, based on recommendations of the division, must develop regulations requiring that no later than August 1999 each district board of trustees must establish and annually review a performance based accountability system, or modify its existing accountability system, to reinforce the state accountability system. Parents, teachers, and principals must be involved in the development, annual review, and revisions of the accountability system established by the district. The board of trustees shall ensure that a district accountability plan be developed, reviewed, and revised annually. In order to stimulate constant improvement in the process of teaching and learning in each school and to target additional local assistance for a school when its students' performance is low or shows little improvement, the district accountability system must build on the district and school activities and plans required in Section 59-139-10. In keeping with the emphasis on school accountability, principals should be actively involved in the selection, discipline, and dismissal of personnel in their particular school. The date the school improvement reports must be provided to parents is changed to February first. Until such time as regulations pursuant to this section become effective, school district accountability systems must be developed, adopted, and implemented in accordance with State Board of Education guidelines.
The Department of Education shall offer technical support to any district requesting assistance in the development of an accountability plan. Furthermore, the department must conduct a review of accountability plans as part of the peer review process required in Section 59-139-10(H) to ensure strategies are contained in the plans that shall maximize student learning. The department shall submit plans for the peer review process to the division for approval by August 1999. School districts not having an approved plan by August 1, 1999, shall be provided a plan by the department within ninety days.
Section 59-18-900. (A) When a school receives a rating of below average or unsatisfactory, the following actions must be undertaken by the school, the district, and the board of trustees:
(1) The faculty of the school with the leadership of the principal must review its improvement plan and revise it with the assistance of the school improvement council established in Section 59-20-60. The revised plan should look at every aspect of schooling, and must outline activities that, when implemented, can reasonably be expected to improve student performance and increase the rate of student progress. The plan should provide a clear, coherent plan for professional development, which has been designed by the faculty, that is ongoing, job related, and keyed to improving teaching and learning. A time line for implementation of the activities and the goals to be achieved must be included.
(2) Once the revised plan is developed, the district superintendent and the local board of trustees shall review the school's strategic plan to determine if the plan focuses on strategies to increase student academic performance. Once the district board has approved the plan, it must delineate the strategies and support the district will give the plan.
(3) After the approval of the revised plan, the principal's and teachers' professional growth plans, as required by Section 59-20-40 and Section 59-24-40, should be reviewed and amended to reflect the professional development needs identified in the revised plan and must establish individual improvement criteria on the performance dimensions for the next evaluation.
(4) The school, in conjunction with the district board, must inform the parents of children attending the school of the ratings received from the State Board of Education and must outline the steps in the revised plan to improve performance, including the support which the board of trustees has agreed to give the plan. This information must go to the parents no later than February first. This information must also be advertized in at least one South Carolina daily newspaper of general circulation in the area. This notice must be published within ninety days of receipt of the report cards issued by the State Department of Education and must be a minimum of two columns by ten inches (four and one-half by ten inches) with at least a twenty-four point bold headline. The notice must include the following information: name of school district, name of superintendent, district office telephone number, name of school, name of principal, telephone number of school, school's absolute performance rating and improvement performance rating on student academic performance, and strategies which must be taken by the district and school to improve student performance; and
(5) Upon a review of the revised plan to ensure it contains sufficiently high standards and expectations for improvement, the Department of Education is to delineate the activities, support, services, and technical assistance it will make available to support the school's plan and sustain improvement over time. Schools meeting the criteria established pursuant to Section 59-18-1300 will be eligible for the grant programs created by that section.
Section 59-18-910. (A) When a school receives a rating of unsatisfactory or upon the request of a school rated below average, an external review team must be assigned by the Department of Education to examine school and district educational programs, actions, and activities. The Education Oversight Committee, in consultation with the State Department of Education shall develop the criteria for the identification of persons to serve as members of an external review team which shall include representatives from selected school districts, respected retired educators, State Department of Education staff, higher education representatives, parents from the district and business representatives.
(B) The activities of the external review committee may include:
(1) examine all facets of school operations, focusing on strengths and weaknesses, determining the extent to which the instructional program is aligned with the content standards, and recommendations which draw upon strategies from those who have been successful in raising academic achievement in schools with similar student characteristics;
(2) consult with parents, community members, and members of the School Improvement Council to gather additional information on the strengths and weaknesses of the school;
(3) identify personnel changes, if any, that are needed at the school and/or district level and discuss such findings with the board;
(4) work with school staff, central offices, and local boards of trustees in the design of the school's plan, implementation strategies, and professional development training that can reasonably be expected to improve student performance and increase the rate of student progress in that school;
(5) identify needed support from the district, the State Department of Education, and other sources for targeted long-term technical assistance;
(6) report its recommendations, no later than three months after the school receives the designation of unsatisfactory to the school, the district board of trustees, and the State Board of Education; and
(7) report annually to the local board of trustees and state board over the next four years, or as deemed necessary by the State Board, on the district's and school's progress in implementing the plans and recommendations and in improving student performance.
(C) Within thirty days, the Department of Education must notify the principal, the superintendent, and the district board of trustees of the recommendations approved by the State Board of Education. After the approval of the recommendations, the department shall delineate the activities, support, services, and technical assistance it will provide to the school. With the approval of the state board, this assistance will continue for at least three years, or as determined to be needed by the review committee to sustain improvement,
Section 59-18-920 If the recommendations approved by the state board, the district's plan, or the school's revised plan are not satisfactorily implemented by the school rated unsatisfactory and its school district according to the time line developed by the State Board of Education or if student academic performance has not met expected progress, the principal, district superintendent, and members of the board of trustees must appear before the State Board of Education to outline the reasons why a state of emergency should not be declared in the school. The State Superintendent, after consulting with the external review committee and with the approval of the State Board of Education, shall be granted the authority to take any of the following actions:
(1) furnish continuing advice and technical assistance in implementing the recommendations of the State Board of Education;
(2) declare a state of emergency in the school and replace the school's principal; or
(3) declare a state of emergency in the school and assume management of the school.
Section 59-18-1000. (A)Teacher Specialists on Site must be assigned in any of the four core academic areas to a middle or high school in an impaired district or designated as below average or unsatisfactory, if the review team so recommends and recommendation is approved by the State Board of Education. Teacher Specialists on Site must be assigned at a rate of one teacher for each grade level with a maximum of five to elementary schools in impaired districts or designated as below average or unsatisfactory. The Department of Education, in consultation with the Division of Accountability, shall develop a program for the identification, selection, and training of teachers with a history of exemplary student academic achievement to serve as teacher specialists on site. Retired educators may be considered for specialists.
(B) In order to sustain improvement and help implement the review team's recommendations, the specialists will teach and work with the school faculty on a regular basis throughout the school year for up to three years, or as recommended by the review committee and approved by the state board. Teacher specialist must teach a minimum of three hours per day on average in team teaching or teaching classes. Teacher Specialist shall not be assigned administrative duties or other responsibilities outside the scope of this section. The specialists will assist the school in gaining knowledge of best practices and well-validated alternatives, demonstrate effective teaching, act as coach for improving classroom practices, give support and training to identify needed changes in classroom instructional strategies based upon analyses of assessment data, and support teachers in acquiring new skills. School districts are asked to cooperate in releasing employees for full-time or part-time employment as a Teacher Specialist.
(C) To encourage and recruit teachers for assignment to below standard and unsatisfactory schools, those assigned to such schools will receive their salary and a supplement equal to fifty percent of the current southeastern average teacher salary as projected by the State Budget and Control Board, Office of Research and Analysis. The salary and supplement is to be paid by the State for three years.
(D) In order to attract a pool of qualified applicants to work in low-performing schools, the Education Oversight Committee, in consultation with the Leadership Academy of the South Carolina Department of Education shall develop criteria for the identification, selection, and training of principals with a history of exemplary student academic achievement. Retired educators may be considered for Principal Specialists. A principal specialist may be hired for a school designated as unsatisfactory, if the district board of trustees chooses to replace the principal of that school. The principal specialist will assist the school in gaining knowledge of best practices and well-validated alternatives in carrying out the recommendations of the review team. The specialist will demonstrate effective leadership for improving classroom practices, assist in the analyses of assessment data, work with individual members of the faculty emphasizing needed changes in classroom instructional strategies based upon analyses of assessment data, and support teachers in acquiring new skills designed to increase academic performance. School districts are asked to cooperate in releasing employees for full-time or part-time employment as a Principal Specialist.
(E) In order to attract a pool of qualified principals to work in low-performing schools, the principal specialists hired in such schools will receive their salary and a supplement equal to 1.25 times the supplement amount calculated for teachers. The salary and supplement are to be paid by the State for two years.
(F) The supplements are to be considered part of the regular salary base for which retirement contributions are deductible by the South Carolina Retirement System pursuant to Section 9-1-1020. For the purpose of determining average final compensation as defined in Section 9-1-10 of the Code of Laws, the supplement authorized in this section shall entitle a specialist to have added to their average final compensation at the time of retirement an amount not to exceed an additional forty-five days' pay, based on the specialist's regular annual compensation at their home school location. A specialist shall be entitled to fifteen days' pay, for the purposes of this section, for each year of service as a specialist on site. Principal and Teacher Specialists on Site who are assigned to below average and unsatisfactory schools shall be allowed to return to employment with their previous district at the end of the contract period with the same teaching or administrative contract status as when they left but without assurance as to the school or supplemental position to which they may be assigned.
(G) For retired educators drawing benefits from the State Retirement System who are serving in the capacity of Principal or Teacher Specialist on Site, the earnings limitations which restrict the amount of compensation that may be earned from covered employment while drawing benefits under the State Retirement System do not apply to any compensation paid to them as an on-site specialist not to exceed one year of such employment whether they are working directly for the school district or for some entity in this capacity. However, no further contributions may be made to the State Retirement System related to this compensation and no additional retirement benefits or credits may be received or accrued.
(I) Within the parameters herein, the school district will have final determination on individuals who are assigned as teacher specialists and principal specialists.
Section 59-18-1100. Each principal continued in employment in schools in districts designated as impaired or in schools designated as below average or unsatisfactory must participate in a formal mentoring program with a principal. The Department of Education, working with the Education Oversight Committee, shall design the mentoring program and provide a stipend to those principals serving as mentors.
Section 59-18-1200. Each teacher employed in schools designated as below average or unsatisfactory who participate in the professional development activities and the improvement actions of the school which go beyond the normal school day and year may earn credits toward recertification according to the criteria established by the State Board of Education. To receive credit activities must be based on identified professional development needs outlined in the school's improvement plan and must include at least one of the following:
(1) summer institute with follow-up activities;
(2) practice of new teaching strategies with peers regularly throughout the school year;
(3) work with peer study groups during the academic year in planning lessons; and
(4) observing and coaching regularly in one another's classrooms.
The activities must be approved by the Department of Education and the department shall determine the amount of credit earned by the participation.
Section 59-18-1300. (A)The State Board of Education, working with the Accountability Division and the Department of Education, must establish grant programs for schools designated as below average and for schools designated as unsatisfactory. A school designated as below average will qualify for a grant to undertake any needed retraining of school faculty and administration once the revised plan is determined by the State Department of Education to meet the criteria on high standards and effective activities. A school designated as unsatisfactory will qualify for the grant program after the State Board of Education approves its revised plan. A grant or a portion of a grant may be renewed annually over the next three years, if school and district actions to implement the revised plan continue. Should student performance not improve, any revisions to the plan must meet high standards prior to renewal of the grant. The revised plan must be reviewed by the district and board of trustees and the State Department of Education to determine what other actions, if any, need to be taken. A grant may be extended for up to an additional two years, if the State Board of Education determines it is needed to sustain academic improvement. The funds must be expended based on the revised plan and according to criteria established by the State Board of Education. Prior to extending any grant, the Accountability Division shall review school expenditures to make a determination of the effective use of previously awarded grant funds. If deficient use is determined, those deficiencies must be identified, noted, and corrective action taken before a grant extension will be given.
(B) The State Board of Education, working with the Department of Education and with the approval of the Education Oversight Committee, will develop guidelines outlining eligibility for the grant programs and methods of distributing funds which will be in effect until such time as the school ratings in Section 59-18-500(B) are implemented. In developing the eligibility guidelines, the board should consider criteria similar to that used in the impaired district program, Section 59-18-30. Until such time as regulations are promulgated, the funds shall be distributed on a per teacher basis for use only as outlined in the revised school plan.
(C) A public school assistance fund shall be established as a separate fund within the state general fund for the purpose of providing financial support to assist poorly performing schools. The fund may consist of grants, gifts, and donations from any public or private source or monies that may be appropriated by the General Assembly for this purpose. Income from the fund shall be retained in the fund. All funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in the same manner as other funds under his control are invested. The State Board of Education, in consultation with the Commission, shall administer and authorize any disbursements from the fund. The State Board of Education shall promulgate regulations to implement the provisions of this section.
Section 59-18-1400. (A) When a district receives a rating of below average, the State Superintendent, with the approval of the State Board of Education shall appoint an external review committee to study educational programs in that district and identify factors affecting the performance of the district. The review committee must:
(1) examine all facets of school and district operations, focusing on strengths and weaknesses, determining the extent to which the instructional program is aligned with the content standards and shall make recommendations which draw upon strategies from those who have been successful in raising academic achievement in schools with similar student characteristics;
(2) consult with parents and community members to gather additional information on the strengths and weaknesses of the district;
(3) identify personnel changes, if any, that are needed at the school and/or district level and discuss such findings with the board;
(4) work with school staff, central offices, and local boards of trustees in the design of the district's plan, implementation strategies, and professional development training that can reasonably be expected to improve student performance and increase the rate of student progress in the district;
(5) identify needed support from the State Department of Education and other sources for targeted long-term technical assistance;
(6) report its recommendations, no later than three months after the district receives the designation of unsatisfactory, to the superintendent, the district board of trustees, and the State Board of Education; and
(7) report annually over the next four years to the local board of trustees and state board, or as deemed necessary by the State Board, on the district's and school's progress in implementing the plans and recommendations and in improving student performance.
(B) Within thirty days, the Department of Education must notify the superintendent and the district board of trustees of the recommendations approved by the State Board of Education. Upon the approval of the recommendations, the Department of Education must delineate the activities, support, services, and technical assistance it will provide to support the recommendations and sustain improvement over time. The external review committee must report annually to the local board of trustees and the state board over the next four years, or as deemed necessary by the state board, on the district's progress in implementing the recommendations and improving student performance .
(C) The review committee shall be composed of State Department of Education staff, representatives from selected school districts, higher education, and business.
Section 59-18-1410. If recommendations approved by the State Board of Education are not satisfactorily implemented by the school district according to the time line developed by the State Board of Education, or if student performance has not made the expected progress and the school district is designated as unsatisfactory, the district superintendent and members of the board of trustees must appear before the State Board of Education to outline the reasons why a state of emergency should not be declared in the district. The State Superintendent, with the approval of the State Board of Education, is granted authority to do any of the following:
(1) Furnish continuing advice and technical assistance in implementing the recommendations of the State Board of Education;
(2) Recommend to the Governor that the office of superintendent be declared vacant. If the Governor declares the office vacant, the State Superintendent may furnish an interim replacement until the vacancy is filled by the board of trustees 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. Local boards of trustees negotiating contracts for the superintendency shall include a provision that the contract is void should the Governor declare that office of superintendency vacant pursuant to this section. This contract provision does not apply to any existing contracts but to new contracts or renewal of contracts.
(3) Declare a state of emergency in the school district and assume management of the school district.
Section 59-18-1500. To assist schools and school districts as they work to improve classroom practice and student performance, the Department of Education must increase the delivery of quality technical assistance services and the assessment of instructional programs. The department may need to reshape some of its organization and key functions to make them more consistent with the assistance required by schools and districts in developing and implementing local accountability systems and meeting state standards. The Department of Education must:
(1) establish an on-going state mechanism to promote successful programs found in South Carolina schools for implementation in schools with similar needs and students, to review evidence on instructional and organizational practices considered to be effective, and to alert schools and classroom teachers to these options and the sources of training and names of implementing schools;
(2) provide information and technical assistance in understanding state policies, how they fit together, and the best practice in implementing them; and
(3) establish a process for monitoring information provided for accountability and for assessing improvement efforts and implementation of state laws and policies which focuses on meeting the intent and purpose of those laws and policies.
Section 59-18-1600. (A) An on-going public information campaign must be established to apprise the public of the status of the public schools and the importance of high standards for academic performance for the public school students of South Carolina. A special committee shall be appointed by the Chairman of the Education Oversight Committee to include two committee members representing business and two representing education and others representing business, industry, and education. The committee shall plan and oversee the development of a campaign, including public service announcements for the media and other such avenues as deemed appropriate for informing the public. The plan must be reported to the Governor, the Senate Education Committee and the House Education and Public Works Committee by March 15, 1999.
(B) A separate fund within the state general fund will be established to accept grants, gifts, and donations from any public or private source or monies that may be appropriated by the General Assembly for the public information campaign. Members of the Oversight Committee representing business will solicit donations for this fund. Income from the fund shall be retained in the fund. All funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in the same manner as other funds under his control are invested. The Oversight Committee, shall administer and authorize any disbursements from the fund. Private individuals and groups shall be encouraged to contribute to this endeavor.
Section 59-18-1700. (A)The State Board of Education, working with the Department of Education and the Education Oversight Committee, shall establish a competitive grant program to fund at least ten alternative schools. Districts are authorized and encouraged to cooperate in establishing alternative schools and such jointly established schools will be given priority in awarding the grants. Alternative schools established prior to this act shall not be prohibited from participation in this program. These schools must be at a site separate from other schools, unless operated at a time when those schools are not in session. These schools shall provide appropriate services to middle or high school students who for academic or behavioral reasons are not benefiting from the regular school program. The regulations must include guidelines to ensure that effective practices are adopted.
(B) To be eligible for funding, the school district(s) must develop a plan for the school which establishes a comprehensive program to address student problems. State requirements for staffing may be waived if the plan meets the criteria and has a reasonable expectation of success. The plan must include:
(1) the mission of the school;
(2) policy for the basis of enrollment in the school;
(3) a low pupil-teacher ratio, to include one on one assistance, independent computer assisted leaning and distance learning;
(4) provision for transportation to the school;
(5) establishment of comprehensive staff development;
(6) appointment of a mentor teacher at the student's original school in order to ease transition back to that school when such a transfer occurs; and
(7) a process for community involvement and support.
The district(s) shall contract with the school for each student attending for an amount that is no less than the amount equal to that generated by the student's EFA weight.
Section 59-18-1800. The State Board of Education shall establish grant programs to fund homework centers in schools and districts designated as below average and unsatisfactory. Until such time as these rating are established, all schools in districts declared to be impaired are eligible to receive funding on a per pupil basis. Schools receiving such designations must provide centers that go beyond the regular school hours where students can come and receive assistance in understanding and completing their school work. Funds provided for these centers may be used for salaries for certified teachers and for transportation costs. Homework centers meeting the criteria established by the board, shall receive funds as appropriated by the General Assembly. For 1998-99, of the funds appropriated for assessment, up to $500,000 shall be used for homework centers.
Section 59-18-1900. (A) The State Board of Education, through the Department of Education, shall establish a grant program to encourage school districts to pilot test or implement a modified school year or school day schedule. The purpose of the grant is to assist with the additional costs incurred during the intersessions for salaries, transportation, and operations or for additional costs incurred by lengthening the school day. For a district to qualify for a grant, all the schools within a specific feeder zone or elementary-to-middle-to-high school attendance area, must be pilot testing or implementing the modified year or day schedule. Districts declared to be impaired will have priority in obtaining such grants.
(B) To obtain a grant, a district shall submit an application to the State Board in a format specified by the Department of Education. The application shall include a plan for implementing a modified year or day that provides the following: more time for student learning, learning opportunities that typically are not available in the regular student day, targeted assistance for students whose academic performance is significantly below promotion standards, more efficient use of facilities and other resources, and evaluations of the impact of the modified schedule. Local district boards of trustees shall require students whose performance in a core subject area as defined in Section 59-18-120, is the equivalent of a 'D' average or below to attend the intersessions or stay for the lengthened day and receive special assistance in the subject area. Funding for the program is as provided by the General Assembly in the annual appropriation act. Each grant award for program pilot testing or implementation may not exceed a three-year period.
SECTION 3. Article 1, Chapter 18, Title 59 of the 1976 Code is amended by adding:
Section 59-18-2000. The Education Oversight Committee shall provide for a comprehensive review of state and local professional development to include principal leadership development and teacher staff development. The review must provide an analysis of training to include what professional development is offered, how it is offered, the support given to implement skills acquired from professional development, and how the professional development enhances the academic goals outlined in district and school strategic plans. The Oversight Committee shall recommend better ways to provide and meet the needs for professional development, to include the use of the existing five contract days for in service. Needed revisions shall be made to State regulations to promote use of state dollars for training which meets national standards for staff development."
SECTION 2. Article 1, Chapter 24, Title 59 of the 1976 Code is amended by adding:
"Section 59-24-5. The General Assembly finds that the leadership of the principal is key to the success of a school, and support for ongoing, integrated professional development is integral to better schools and to the improvement of the actual work of teachers and school staff."
SECTION 3. Sections 59-24-10 and 59-24-30 of 1976 Code are amended to read:
"Section 59-24-10. Beginning with the school year 1996-97 1999-2000, any person appointed prior to permanent appointment as a principal for any elementary school, secondary school, or vocational center must be assessed for instructional leadership and management capabilities by the Assessment Center Leadership Academy of the South Carolina Department of Education and a personal professional development plan constructed on the basis of that assessment prior to or within one year of the date such appointment is made. Districts may appoint such persons on an interim basis until such time as the assessment is completed. A report of this assessment must be forwarded to the district superintendent and board of trustees. The provisions of this section do not apply to any persons currently employed as principals on the effective date of the provisions of this paragraph nor to any persons hired as principals before the beginning of school year 1996-97 1999-2000.
Section 59-24-30. All school administrators shall develop annually or update an on-going individual professional development plan with annual updates which is appropriate for their role or position. This plan shall support both their individual growth and organizational needs. Organizational needs must be defined by the districts' strategic plans or school renewal plans. Individuals completing the assessment for instructional leadership will develop their professional development plan on the basis of that assessment. The Department of Education shall assist school administrators in carrying out their professional development plans by reviewing the school and district plans and providing or brokering programs and services in the area of areas identified for professional development."
SECTION 4. Section 59-24-50 of the 1976 Code is amended to read:
"Section 59-24-50. The By January 1, 1999, the South Carolina Department of Education's Leadership Academy shall develop, in cooperation with school districts, district consortia, and state-supported institutions of higher education, new training programs and expand current training programs available to present and prospective school administrators with particular emphasis on effective instructional leadership continuous professional development programs which meet national standards for professional development and focus on the improvement of teaching and learning. By July 1, 1999, programs funded with state funds must meet these standards and must provide training, modeling and coaching By January 1, 1990, these training programs must include an emphasis on effective instructional leadership as it pertains to instructional leadership and school-based improvement, including instruction on the importance of school improvement councils and ways administrators may make school improvement councils an active force in school improvement. The training must be developed and conducted in collaboration with the School Council Assistance Project."
SECTION 5. Article 1, Chapter 24, Title 59 of the 1976 Code is amended by adding:
"Section 59-24-80. Beginning with school year 1999-2000, each school district, or consortium of school districts, shall provide school principals serving for the first time as the head building administrators with a formalized induction program in cooperation with the State Department of Education. The State Board of Education must develop regulations for the program based on the criteria and statewide performance standards which are a part of the process for assisting, developing, and evaluating principals employed in the school districts. The program must include an emphasis on the elements of instructional leadership skills, implementation of effective schools research, and analysis of test scores for curricular improvement."
SECTION 6. The 1976 Code is amended by adding:
"Certified education personnel who are employed as administrators on an annual or multi-year contract will retain their rights as a teacher under the provisions of Article 3, Chapter 19 and Article 5, Chapter 25 but no such rights are granted to the position or salary of administrator. Any such administrator who presently is under a contract granting such rights shall retain that status until the expiration of that contract."
SECTION 7. Section 59-6-10 of the 1976 Code is amended to read:
"Section 59-6-10. In order to assist in, recommend, and supervise implementation of programs and expenditure of funds for the Education Accountability Act and the Education Improvement Act of 1984 there is created a Select Committee the Education Oversight Committee is to serve as the oversight committee for the act these acts. The Select Committee Education Oversight Committee shall:
(1) review and monitor the implementation and evaluation of the Education Accountability Act and Education Improvement Act programs and funding;
(2) make programmatic and funding recommendations to the General Assembly;
(3) report annually to the General Assembly, State Board of Education, and the public on the progress of the programs;
(4) recommend Education Accountability Act and EIA program changes to state agencies and other entities as it considers necessary.
Each state agency and entity responsible for implementing the Education Accountability Act and the Education Improvement Act funded programs shall submit annually to the Select Committee Education Oversight Committee programs and expenditure reports and budget requests as needed and in a manner prescribed by the Select Committee Education Oversight Committee.
The committee consists of the following persons:
(1) Speaker of the House of Representatives or his designee and a member of the House of Representatives appointed by the Speaker;
(2) Lieutenant Governor President Pro Tempore or his designee and a member of the Senate appointed by the Lieutenant Governor President Pro Tempore;
(3) Chairman of the Education and Public Works Committee of the House of Representatives or his designee;
(4) Chairman of the Education Committee of the Senate or his designee;
(5) State Superintendent of Education or his designee;
(6) Chairman of the Commission on Higher Education or his designee;
(7 5) Governor or his designee and a member appointed by the Governor;
(8 6) Chairman of the Ways and Means Committee of the House of Representatives or his designee;
(9 7) Chairman of the Finance Committee of the Senate or his designee;
(8) Five members representing business and industry who must have experience in business, management, or policy to be appointed as follows: one by the Governor, one by the President Pro Tempore of the Senate, one by the Speaker of the House, one by the Chairman of the Senate Education Committee, and one by the Chairman of the House Education and Public Works Committee; and
(9) Five members representing public education teachers and principals to be appointed as follows: one by the Governor, one by the President Pro Tempore of the Senate, one by Speaker of the House, one by the Chairman of the Senate Education Committee, and one by the Chairman of the House Education and Public Works Committee.
Initial appointment must be made by July 31, 1998, and which time the Governor or his designee shall call the first meeting. A member of the General Assembly shall serve as chairman. At the initial meeting, a chairman elected from the members representing the business and industry appointees and a vice-chairman representing the education members shall be elected by a majority vote of the committee. The members appointed pursuant to item (1) through (7) may serve notwithstanding the provisions of Section 8-13-770. Their terms of office on the committee must be coterminous with their terms of office as Governor or members of the General Assembly.
(B) The terms of office of the members of the Education Oversight Committee, except for the legislative members, are four years and until their successors are appointed and qualify except of those first appointed the terms must be staggered as follows:
(1) initial terms of two years shall be served by the two members of the business and industry community appointed by the chairmen of the Education Committees;
(2) initial terms of three years shall be served by the members of the education community appointed by the President Pro Tempore and Speaker of the House; and
(3) all other voting members shall serve initial four year terms. The terms of chairman and vice-chairman shall be two years. At the end of each two year term, an election must be held for the chairmanship and vice-chairmanship by majority vote of the members attending with quorum present. No member shall serve more than four consecutive years as chairman or vice-chairman.
Members of the committee shall meet no less than once a quarter and annually shall submit their findings and recommendations to the General Assembly before March first of each fiscal year. The staff positions of the Select Committee and the people presently in those positions initially shall be transferred to the Education Oversight Committee as administrative staff to carry out its functions."
SECTION 8. Chapter 6, Title 59 of the 1976 Code is amended by adding:
"Section 59-6-100. Within the Education Oversight Committee, an Accountability Division must be established to report on the monitoring, development, and implementation of the performance based accountability system and reviewing and evaluating all aspects of the Education Accountability Act and the Education Improvement Act.
The Education Oversight Committee will employ, by a majority vote, for a contract term of three years an executive director for the Accountability Division. The director must be chosen solely on grounds of fitness to perform the duties assigned to him and must possess at least the following qualifications: a demonstrated knowledge of public education, experience in program evaluation, and experience in a responsible managerial capacity. No member of the General Assembly nor anyone who will have been a member for one year previously will be contracted to serve as director. The director will have the authority to employ, with the approval of the subcommittee, professional and support staff as necessary to carry out the duties of the division, which shall be separate from the administrative staff of the Education Oversight Committee.
Section 59-6-110. The division must examine the public education system to ensure that the system and its components and the EIA programs are functioning for the enhancement of student learning. The division will recommend the repeal or modification of statutes, policies, and rules that deter school improvement. The division must provide annually its findings and recommendations in a report to the Education Oversight Committee no later than February first. The division is to conduct in-depth studies on implementation, efficiency, and the effectiveness of academic improvement efforts and:
(1) monitor and evaluate the implementation of the State standards and assessment;
(2) oversee the development, establishment, implementation and maintenance of the accountability system;
(3) monitor and evaluate the functioning of the public education system and its components, programs, policies, and practices and report annually its findings and recommendations in a report to the commission no later than February first of each year and;
(4) perform other studies and reviews as required by law.
The responsibilities of the division do not include fiscal audit functions or funding recommendations except as they relate to accountability. It is not a function of this division to draft legislation and neither the director nor any other employee of the division shall urge or oppose any legislation. In the performance of it duties and responsibilities, the division and staff members are subject to the statutory provisions and penalties regarding confidentiality of records as they apply to students, schools, school districts, the Department of Education, and the Board of Education.
Section 59-6-120. The State Department of Education, the State Board of Education, and the school districts and schools shall work collaboratively with the Division of Accountability to provide information needed to carry out the responsibilities and duties of its office. The Division of Accountability may call on the expertise of the state institutions of higher learning and any other public agencies for carrying out its functions and may coordinate and consult with existing agency and legislative staff."
SECTION 9 . When parents are involved with their children's education, students achieve more, regardless of socio-economic status, ethnic/racial background, or the parents' education level. The more extensive the parent involvement, the higher level of the student achievement. Therefore, the Education Oversight Committee shall appoint a task force to review current state programs and policies for parent participation in their children's education. The task force is to look for ways to encourage and induce parents to oversee and support student academic performance and behavior that contributes to academic improvement. The membership of the task force should include: public school educators from rural, urban and suburban schools and districts; parents of public school children; social service representatives; and a juvenile justice representative. The task force must be appointed no later than September 1, 1998 and shall provide its report and recommendations to the Education Oversight Committee by October 15, 1999.
SECTION 10. 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."
SECTION 11. Title 59, Chapter 63 of the 1976 Code is amended by adding:
"Section 59-63-65. School districts which choose to reduce class size to fifteen to one in grades one through three shall be eligible for funding for the reduced pupil-teacher ratios from funds provided by the General Assembly for this purpose. Funding for schools in districts designated as impaired or for schools rated as unsatisfactory on the accountability ratings will receive priority in the distribution of funds. Funding for the impaired district schools and schools ranked unsatisfactory will be allocated based on the average daily membership in grades one through three in those schools for implementing reduced class size of fifteen to one in those grades. Other school districts will receive funding allocated based on free and reduced lunch eligible students. Local match is required for the lower ratio funding based on the Education Finance Act formula. Boards of trustees of each school district may implement the lower pupil-teacher ratios on a school by school, grade by grade, or class by class basis. District boards of trustees implementing the reduced ratios must establish policies to give priority to reduce the ratios in schools with the highest number of students eligible for the federal free and reduced lunch program, and these students must be given priority in implementing the reduced class size. Unobligated funds from state appropriations which become available to a district during a fiscal year shall be redistributed to fund additional teachers on a prorated basis.
Districts choosing to implement the reduced class size must track the students served in classes with a 15:1 ratio for three years so that the impact of smaller class size can be evaluated. The Department of Education, working with the Accountability Division, will develop a plan for evaluating the impact of this initiative and report to the Education Oversight Committee no later than December 1, 2001. School districts must document the use of these funds to reduce class size and the State Department of Education will conduct audits to confirm appropriate use of class size reduction funding.
As used in this section, 'teacher' refers to an employee possessing a professional certificate issued by the State Department of Education whose full time responsibility is instruction of students. Pupil-teacher ratio is based on average daily membership.
Portable or other temporary classroom space may be used to meet any facilities needs for reducing class size to fifteen to one, and notwithstanding the provisions of Section 59-144-30, funding derived from the Children's Education Endowment Fund may be used to acquire such portable or temporary facilities."
SECTION 12. Section 59-6-12 of the 1976 Code is repealed.
SECTION 13. Sections 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, and 59-18-31 of the 1976 Code are repealed.
SECTION 14. The Department of Education must provide a copy of this act to every district superintendent and school principal in this State.
SECTION 15. The Code Commissioner is directed to change all references in the Code of Laws to the Select Committee so as to read the Education Oversight Committee.
SECTION 16. This act takes effect upon the approval by the Governor./
/s/Nikki G. Setzler /s/Ronald P. Townsend /s/James Bryan /s/Robert Harrell /s/Robert W. Hayes /s/Robert Walker On Part of the Senate. On Part of the House.
Renumber sections to conform.
Amend title to conform.
, and a message was sent to the House accordingly.
Columbia, S.C., June 2, 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:
S. 174 (Word version) -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
Very respectfully,
Speaker of the House
On motion of Senator HUTTO, the Senate insisted upon its amendments to S. 174 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators HUTTO, HAYES and JACKSON of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1276 (Word version) -- Senators Hutto and Washington: A CONCURRENT RESOLUTION TO RECOGNIZE DR. HENRY LUCIUS LAFFITTE OF ALLENDALE FOR HIS FIFTY YEARS OF OUTSTANDING, DEDICATED SERVICE TO THE CITIZENS OF ALLENDALE COUNTY AND THE MEDICAL COMMUNITY.
Returned with concurrence.
Received as information.
S. 1278 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE DR. JOHN J. DUFFY FOR FOUR DECADES OF OUTSTANDING SERVICE AND LEADERSHIP AS A DISTINGUISHED EDUCATOR, SCHOLAR AND ADMINISTRATOR AT THE UNIVERSITY OF SOUTH CAROLINA, UPON THE OCCASION OF HIS RETIREMENT.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification: H. 4822 (Word version) -- Rep. Jennings: A BILL TO AMEND SECTION 12-54-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF A WARRANT OF DISTRAINT IN INSTANCES OF PAST DUE TAXES, SO AS TO CREATE A LIEN IN FAVOR OF THE DEPARTMENT OF REVENUE AGAINST ALL PROPERTY OF A PERSON WHO DOES NOT PAY PAST DUE TAXES; AND BY ADDING SECTION 12-54-122 SO AS TO REFER TO THE LIEN AS "TAX LIEN" AND TO DESCRIBE ITS EFFECTS, TO DEFINE MATERIAL TERMS, AND TO SET FORTH PROCEDURES FOR ESTABLISHING AND ENFORCING THE VALIDITY AND PRIORITY OF THE TAX LIEN IMPOSED FOR PAST DUE TAXES.
S. 1270 (Word version) -- Senators Saleeby, Land and Leventis: A BILL TO AMEND ACT 616 OF 1980, RELATING TO COMPENSATION AND TRAVEL ALLOWANCE OF MEMBERS OF THE LEE COUNTY BOARD OF EDUCATION, SO AS TO INCREASE THE AMOUNT OF COMPENSATION AND TRAVEL ALLOWANCE PAYABLE TO MEMBERS OF THE BOARD AND TO ALLOW THE PROVISION OF MEDICAL INSURANCE COVERAGE FOR THE MEMBERS.
(By prior motion of Senator LEVENTIS)
H. 4805 (Word version) -- Reps. McGee, Campsen, Meacham, Knotts, McKay, Kinon, Simrill, Jordan, Martin, Kirsh, J. Brown, Stuart, Wilkins, Barrett, Young, Clyburn, Woodrum, Harrison, Klauber, Easterday, Gourdine, Spearman, Fleming, Haskins, Moody-Lawrence, Limehouse, Harrell and Robinson: A BILL TO AMEND SECTION 23-3-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE OF SEX OFFENDER REGISTRY INFORMATION TO THE PUBLIC, SO AS TO PROVIDE THAT A REQUEST FOR INFORMATION DOES NOT HAVE TO BE WRITTEN; TO AUTHORIZE NOTIFICATION OF RESIDENTS OF AN OFFENDER LIVING WITHIN ONE MILE OF THEIR RESIDENCE IF THE SHERIFF HAS REASON TO BELIEVE THAT NOTIFICATION IS IN THE PUBLIC'S BEST INTEREST AND THAT BASED ON CRITERIA ESTABLISHED BY THE STATE LAW ENFORCEMENT DIVISION THAT THE OFFENDER MAY REPEAT A SEXUAL OFFENSE; AND TO PROVIDE IMMUNITY FOR INFORMATION RELEASED IN GOOD FAITH AND IN ACCORDANCE WITH THIS SECTION. The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator COURTNEY proposed the following amendment (JUD4805.003), which was adopted:
Amend the bill, as and if amended, page 10, line 3, in Section 23-3-490(C)(D)(4), as contained in SECTION 1, by striking line 3 in its entirety and inserting therein the following:
/any offense listed in Section 23-3-430(C) and who has a prior adjudication, conviction, guilty plea, or plea of nolo contendere for any offense listed in Section 23-3-430(C) shall/.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 4801 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO CLARIFY THE TYPES OF SCHOOL MATERIALS WHICH QUALIFY FOR THE EXEMPTION AND TO DELETE THE REQUIREMENT THAT FESTIVALS MUST BE OFFICIALLY RECOGNIZED AS SPECIAL EVENTS BEFORE CONCESSIONS SOLD THERE ARE EXEMPT.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator McCONNELL proposed the following amendment (DKA\3034DW.98), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Section 12-36-2120(28)(a) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"(a) medicine and prosthetic devices sold by prescription, prescription medicines and therapeutic radiopharmaceuticals used in the treatment of cancer, lymphoma, leukemia, or related diseases, including prescription medicines used to relieve the effects of any such treatment, and free samples of prescription medicine distributed by its manufacturer and any use of these free samples;"
B. Notwithstanding the general effective date of this act, this SECTION takes effect June 28, 1999./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator COURTNEY proposed the following amendment (JUD4850.001), which was adopted:
Amend the bill, as and if amended, page 4, line 39, by adding appropriately numbered SECTIONS to read:
/SECTION ___. Section 12-21-4020(4) is amended to read:
"(4) CLASS D: A person, organization, or corporation desiring to conduct a bingo game at a fair as defined in Section 12-21-3920 and who offers prizes for each game of no more than fifty dollars in merchandise shall obtain only a temporary Class D bingo license at a cost of one hundred dollars for not more than ten days or two hundred dollars for more than ten days. The department, in its discretion, may allow certain Class D licenses to use hard bingo cards in lieu of the paper cards required by this article."
SECTION ___. Section 12-21-4090(A) of the 1976 Code is amended to read:
"(A) The provisions of this section apply to the licensed nonprofit organization which is responsible for the special checking and savings accounts established by this section. The provisions of this section do not apply to the holder of a Class D fair bingo license."/
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted. There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 1271 (Word version) -- Senators Giese and Patterson: A BILL TO GRANT A WAIVER TO RICHLAND SCHOOL DISTRICT ONE IN RICHLAND COUNTY WHICH SHALL PERMIT THEM TO EMPLOY FOREIGN NATIONALS TO TEACH THEIR NATIVE OR ACQUIRED LANGUAGE IN THE ELEMENTARY SCHOOLS OF THE DISTRICT UNDER SPECIFIED CONDITIONS.
(By prior motion of Senator GIESE)
The following Bills and Joint Resolution, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
H. 4998 (Word version) -- Reps. Boan and Lanford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PLEDGING OF THE CREDIT OF THE STATE AND PROHIBITING OWNERSHIP OF THE STATE IN A COMPANY, ASSOCIATION, OR CORPORATION, SO AS TO ALLOW THE STATE TREASURER TO INVEST ENDOWMENT FUNDS DONATED TO SPECIFIC STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING IN EQUITY SECURITIES OF UNITED STATES CORPORATIONS REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH A NATIONAL QUOTATIONS SYSTEM, SUBJECT TO PROCEDURES DEVELOPED BY THE GENERAL ASSEMBLY IN COORDINATION WITH THE STATE RETIREMENT SYSTEM INVESTMENT PANEL, THE STATE TREASURER, AND THE BOARDS OF TRUSTEES OF THE RESPECTIVE COLLEGES AND UNIVERSITIES.
Senator LAND asked unanimous consent to withdraw the previously proposed amendment.
There was no objection.
On motion of Senator LAND, with unanimous consent, the Joint Resolution was given a second reading with notice of general amendments, carrying over all amendments to third.
Senator HOLLAND objected to further consideration of the Bill.
H. 3758 (Word version) -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO, AMONG OTHER THINGS, PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
Senator ALEXANDER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator ALEXANDER, with unanimous consent, the Bill was given a second reading with notice of general amendments, carrying over all amendments to third.
H. 4408 (Word version) -- Reps. Meacham, Neilson, Sandifer, Bailey, Govan, Woodrum, McKay, Kirsh, Martin, Maddox, Canty, Mullen, Young-Brickell, Byrd, Inabinett, Neal, McGee, D. Smith, Lanford and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-25 SO AS TO MAKE IT AN UNFAIR OR DECEPTIVE ACT OR PRACTICE IN THE CONDUCT OF TRADE OR COMMERCE FOR A PERSON WHO MAILS CERTAIN MERCHANDISE CATALOGUES OR CERTAIN BROCHURES, LEAFLETS, FLYERS, OR OTHER ITEMS OF MAIL TO A RECIPIENT TO FAIL TO HONOR THE RECIPIENT'S REQUEST THAT THE MAILER CEASE SENDING SUCH CATALOGUES, BROCHURES, LEAFLETS, FLYERS, OR OTHER ITEMS OF MAIL AND TO PROVIDE FOR RELATED MATTERS.
Senator MARTIN explained the Bill.
H. 4998 (Word version) -- Reps. Boan and Lanford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PLEDGING OF THE CREDIT OF THE STATE AND PROHIBITING OWNERSHIP OF THE STATE IN A COMPANY, ASSOCIATION, OR CORPORATION, SO AS TO ALLOW THE STATE TREASURER TO INVEST ENDOWMENT FUNDS DONATED TO SPECIFIC STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING IN EQUITY SECURITIES OF UNITED STATES CORPORATIONS REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH A NATIONAL QUOTATIONS SYSTEM, SUBJECT TO PROCEDURES DEVELOPED BY THE GENERAL ASSEMBLY IN COORDINATION WITH THE STATE RETIREMENT SYSTEM INVESTMENT PANEL, THE STATE TREASURER, AND THE BOARDS OF TRUSTEES OF THE RESPECTIVE COLLEGES AND UNIVERSITIES.
Senator ALEXANDER asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
Senator ALEXANDER asked unanimous consent to make a motion to reconsider the vote whereby the Senate gave the Joint Resolution a second reading with notice of general amendments.
There was no objection.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
Senators DRUMMOND, LAND, ALEXANDER and BRYAN proposed the following amendment (DKA\3025DW.98), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is proposed that Section 11, Article X of the Constitution of this State be amended by adding a paragraph at the end to read:
"Provided, however, that endowment funds donated specifically to state-supported institutions of higher learning and held by the State Treasurer may be invested and reinvested in equity securities of a corporation within the United States that is registered on a national securities exchange, as provided in the Securities Exchange Act of 1934 or a successor act, or quoted through the National Association of Securities Dealers Automatic Quotations System or similar service. The General Assembly shall implement this paragraph by enacting legislation in which these endowment funds held and invested by the State Treasurer must be invested pursuant to a plan recommended by the State Retirement Systems Investment Panel which must be submitted to and approved by the boards of trustees of the respective colleges and universities."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 11, Article X of the Constitution of this State relating to the pledging of the credit of the State and prohibiting ownership of the State in a company, association, or corporation be amended so as to allow the State Treasurer to invest endowment funds donated specifically to state-supported institutions of higher learning in equity securities of United States corporations registered on a national securities exchange or quoted through a national quotations system, subject to legislation enacted by the General Assembly which requires these endowment funds held and invested by the State Treasurer to be invested pursuant to a plan recommended by the State Retirement Systems Investment Panel which must be submitted to and approved by the boards of trustees of the respective colleges and universities?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Amend the bill further, by striking all before the enacting words and inserting:
/PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PLEDGING OF THE CREDIT OF THE STATE AND PROHIBITING OWNERSHIP OF THE STATE IN A COMPANY, ASSOCIATION, OR CORPORATION, SO AS TO ALLOW THE STATE TREASURER TO INVEST ENDOWMENT FUNDS DONATED SPECIFICALLY TO STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING IN EQUITY SECURITIES OF UNITED STATES CORPORATIONS REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH A NATIONAL QUOTATIONS SYSTEM, SUBJECT TO LEGISLATION ENACTED BY THE GENERAL ASSEMBLY WHICH REQUIRES THESE ENDOWMENT FUNDS HELD AND INVESTED BY THE STATE TREASURER TO BE INVESTED PURSUANT TO A PLAN RECOMMENDED BY THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL WHICH MUST BE SUBMITTED TO AND APPROVED BY THE BOARDS OF TRUSTEES OF THE RESPECTIVE COLLEGES AND UNIVERSITIES./
The amendment was adopted.
There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 109 (Word version) -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-705 SO AS TO DESIGNATE SANDLAPPER, THE MAGAZINE OF SOUTH CAROLINA, AS THE OFFICIAL MAGAZINE OF THE STATE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the committee amendment.
Senator O'DELL asked unanimous consent to remove the minority report from the Bill.
There was no objection.
The General Committee proposed the following amendment (109GEN.001), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting in lieu thereof the following:
\SECTION 1. Article 9, Chapter 1, Title 1 of the 1976 Code is amended by adding:
"Section 1-1-705.(A) Sandlapper, the Magazine of South Carolina, is designated as the official magazine of the State. The designation of Sandlapper as the official magazine of the State is an honorary designation and does not bind the State in any way.
(B) The opinions and statements made in the magazine do not express any official position of the State of South Carolina.
(C) The official designation does not affect the magazine's right to accept or refuse advertising.
(D) The official designation is not intended to suggest that the magazine is funded by public funds. However, nothing in this section shall prohibit a state agency from using public funds to support the magazine or the Sandlapper Society, Incorporated in the agency's regular operation."
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 697 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-85 SO AS TO PROHIBIT THE USE OF STATE FUNDS TO PAY FOR AN ABORTION UNLESS NECESSARY TO AVERT THE RISK OF DEATH TO THE PREGNANT WOMAN.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill. Senator GROOMS proposed the following amendment (697R001.LKG):
Amend the bill, as and if amended, by adding an appropriatley numbered new SECTION to read:
/SECTION . (A) Notwithstanding any other provision of law, no state funds shall be directly used to pay for an abortion. No state funds shall be directly expended, to any institution, agency, or organization that provides, performs, or promotes abortion.
(B) Subparagraph (A) does not apply to any abortion that is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury if no other medical procedure would suffice for the purpose. Subparagraph (A) does not apply to any abortion to terminate a pregnancy that resulted from rape or incest.
(C) For purposes of subparagraph (A), "state funds" are those which are administered under programs which receive no federal funding, or are not necessary for the receipt of Federal Financial Participation or federal funding.
(D) In the event of a determination by the federal agency which controls the federal funding that this paragraph jeopardizes the state's receipt of the federal funding, then subparagraph (A) is suspended as of the date of that determination./
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
Senator LAND objected to the Bill.
S. 697 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-85 SO AS TO PROHIBIT THE USE OF STATE FUNDS TO PAY FOR AN ABORTION UNLESS NECESSARY TO AVERT THE RISK OF DEATH TO THE PREGNANT WOMAN.
Senator GROOMS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the adoption of previously proposed amendment by Senator GROOMS (697R001.LKG).
Senator GROOMS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators HOLLAND and MOORE proposed the following amendment (JUD4824.001), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 22, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
Senator SHORT asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators SHORT and SALEEBY proposed the following amendment (3985R001.LHS), which was adopted:
Amend the bill, as and if amended, by striking Section 38-71-125 beginning on line 40, page [3985-3], and ending on line 4, page [3985-4], and inserting in lieu thereof:
/"Section 38-71-125. All individual and group health insurance policies and health maintenance organizations providing coverage for the hospitalization for mastectomies shall pay for hospitalization for at least forty-eight hours following a mastectomy. Nothing in this section shall be construed to prohibit an attending physician from releasing the patient prior to the expiration of the time provided herein. In the case of an early release, coverage shall include at least one home care visit if ordered by the attending physician."/
Amend the bill further, as and if amended, page [3985-4], by striking lines 8-12 and inserting in lieu thereof:
/Section 38-71-130. All individual and group health insurance policies and health maintenance organizations providing coverage for mastectomy surgery must provide coverage for prosthetic devices and reconstruction of the breast on which surgery for breast cancer has been performed and surgery and reconstruction of the non-diseased breast, if medically necessary, to produce a symmetrical appearance. The provisions of this section shall not require supplemental health insurance policies to provide coverage for reconstruction of the non-diseased breast."/
Amend the bill further, as and if amended, page [3985-4], after line 20, by adding the following:
/(3) prostate cancer examinations, screenings, and laboratory work for diagnostic purposes in accordance with the most recent published guidelines of the American Cancer Society./
Amend title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
Senator FAIR desired to be recorded as voting against the adoption of the amendment and the Bill.
The following Bills and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:
H. 4844 (Word version) -- Rep. G. Brown: A BILL TO PROVIDE FOR ELECTION OF THE LEE COUNTY BOARD OF EDUCATION CHAIRMAN AND VICE CHAIRMAN AT THE BOARD'S REGULAR JANUARY MEETING AND TO MAKE THE APPLICATION OF THIS PROVISION RETROACTIVE.
On motion of Senator LAND, H. 4844 was ordered to receive a third reading on Wednesday, June 3, 1998.
H. 4996 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO ARTICLE 5, STATE TRANSPORT POLICE REGULATIONS, SUBARTICLE 1, UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2188, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator COURTNEY explained the Joint Resolution.
H. 5015 (Word version) -- Reps. Battle, M. Hines, J. Hines, McGee, McKay and Kinon: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PEE DEE REGIONAL AIRPORT DISTRICT, SO AS TO CHANGE THE COMPOSITION OF THE GOVERNING BODY BY REMOVING DARLINGTON COUNTY FROM MEMBERSHIP ON THE GOVERNING BODY; REDUCE THE JURISDICTION OF THE DISTRICT BY REMOVING DARLINGTON COUNTY; LIMIT THE NUMBER OF TERMS A MEMBER MAY SERVE; AUTHORIZE THE GOVERNING BODIES OF THE COUNCILS COMPOSING THE AUTHORITY TO INCREASE THE AMOUNT OF COMPENSATION OF MEMBERS OF THE AUTHORITY; AUTHORIZE THE AUTHORITY TO LICENSE, LEASE, SUBLEASE, RENT, SELL, OR OTHERWISE, PROVIDE FOR THE USE OF REAL PROPERTY IN ADDITION TO OTHER PROPERTY; DELETE THE POWER OF THE AUTHORITY TO DEVELOP AN INDUSTRIAL OR BUSINESS PARK; DELETE THE POWER TO DIRECT THE AUDITORS OF THE COUNTIES COMPOSING THE AUTHORITY TO LEVY A TAX ON THE PROPERTIES WITHIN THE DISTRICT; AUTHORIZE THE AUTHORITY TO DEVELOP LANDS LEASED BY, SUBLEASED BY, OWNED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY; PROVIDE THAT ALL FINES AND FORFEITURES COLLECTED UNDER THIS ARTICLE MUST BE FORWARDED TO THE COUNTY WHERE THE FINAL DISPOSITION OF THE CASE IS MADE INSTEAD OF TO THE DISTRICT; DELETE PROVISIONS RELATING TO THE AUTHORITY DEPOSITING OR EXPENDING MONIES, ACCEPTING DONATIONS, ISSUING NEGOTIABLE INSTRUMENTS, AND THE AUTHORITY TO ISSUE BONDS; CHANGE THE USES OF REVENUES DERIVED BY THE AUTHORITY FROM THE OPERATION OF REVENUE PRODUCING FACILITIES; DELETE PROVISIONS WHICH PROHIBITED THE AUTHORITY FROM CONSTITUTING ALL OR PART OF THE LANDS OWNED BY, LEASED BY, SUBLEASED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY AS AN INDUSTRIAL OR BUSINESS PARK UNDER THE PROVISIONS OF SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION; DELETE THE PROVISION RELATING TO THE ESTABLISHMENT OF INDUSTRIAL OR BUSINESS PARK; AND TO PROVIDE THAT NOTHING IN THIS ARTICLE SHALL PROHIBIT ANNEXATION BY THE CITY OF FLORENCE OF THE PROPERTY OF THE DISTRICT.
Senator LEATHERMAN explained the Bill.
On motion of Senator LEATHERMAN, with unanimous consent, H. 5015 was ordered to receive a third reading on Wednesday, June 3, 1998.
H. 3330 (Word version) -- Rep. Sharpe: A BILL TO AMEND CHAPTER 77, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF GEOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40; AND AMONG OTHER THINGS, TO SPECIFY MINIMUM GEOLOGY OR GEOPHYSIC COURSE HOURS TO SATISFY THE EDUCATIONAL REQUIREMENT FOR REGISTRATION; TO REPLACE CERTIFICATES WITH REGISTRATION CARDS; TO PROVIDE FOR BOARD ASSIGNED SERIAL NUMBERS; AND TO AUTHORIZE A BOARD SEAL.
Senator MOORE asked unanimous consent to withdraw the committee amendment.
There was no objection.
On motion of Senator MOORE with unanimous consent, the Bill was ordered to a second reading.
On motion of Senator MOORE, with unanimous consent, H. 3330 was ordered to receive a third reading on Wednesday, June 3, 1998.
H. 5143 (Word version) -- Rep. Fleming: A BILL TO ENACT THE SCHOOL DISTRICT OF UNION COUNTY SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN UNION COUNTY NOT TO EXCEED TWO PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION; AND TO AMEND ACT 79 OF 1955, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF UNION COUNTY, SO AS TO DELETE PROVISIONS PERTAINING TO CERTAIN PROCEDURAL MATTERS OF THE BOARD AND COMPENSATION OF BOARD MEMBERS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators SHORT, PEELER and LANDER proposed the following amendment (5143R001.LHS), which was adopted:
Amend the bill, as and if amended, page 5143-3, by striking lines 6-8 and inserting the following:
/(D)(1)(a) The board, by resolution, may vote to impose the tax authorized by this section but in no event may the tax be levied unless the voters approve the question presented in the referendum. The resolution must specify:/
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator PEELER, H. 5143 was ordered to receive a third reading on Wednesday, June 3, 1998.
H. 4438 (Word version) -- Reps. Davenport, Knotts and Limehouse: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO INCREASE THE MEMBERSHIP OF THE COUNCIL FROM FIFTEEN TO SIXTEEN MEMBERS AND TO INCREASE THE NUMBER OF MEMBERS CONSTITUTING A QUORUM FOR THE PURPOSE OF COUNCIL MEETINGS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the committee amendment.
The Committee on Labor, Commerce and Industry proposed the following amendment (4438.AMD), which was adopted:
Amend the bill, as and if amended, by striking all after enacting words and inserting:
/SECTION 1. Section 6-9-50 of the 1976 Code, as last amended by Act 123 of 1997, is further amended to read:
"Section 6-9-50. (A) Municipalities and counties shall adopt by reference only those provisions of the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction which directly relate to building and safety standards within their respective jurisdictions: Standard Building Code,; Standard Gas Code,; Standard Plumbing Code,; Standard Mechanical Code,; the Standard Fire Prevention Code, as published by the Southern Building Code Congress International, Inc.,; the Model Energy Code, as published by the Council of American Building Officials,; and the National Electrical Code, as published by the National Fire Protection Association. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adoption ordinance. However, the provisions of the codes referenced in this section which concern the qualification, removal, dismissal, duties, responsibilities of, and administrative procedures for all building officials, deputy building officials, chief inspectors, other inspectors, and assistants do not apply unless they have been adopted by the municipal or county governing body.
(B) The governing body of a county may not enforce that portion of a nationally recognized fire prevention code it has adopted which may regulate outdoor burning for forestry, wildlife, and agricultural purposes as regulated by the South Carolina Forestry Commission.
(C) A residential building is considered in compliance with the Building Envelope Requirements of the Model Energy Code if:
(1) it is built in compliance with prescriptive standards issued by the South Carolina Residential Builders Commission, in consultation with the State Energy Office, based on computer models of the Model Energy Code including, but not limited to, options developed by Pacific Northwest National Laboratories, or other nationally recognized laboratories which use the standards developed by Pacific Northwest National Laboratories, for South Carolina's climatic zones, or
(2) if double pane or single pane with storm windows are used for window glass and in the case of ceilings, exterior walls, floors with crawl space, and heating and air conditioning duct work, the determination of the minimum thermal resistance ratings (R-value) is:
(a) R-30 for ceilings, except for ceiling/roof combinations, which must be at least R-19;
(b) R-13 for exterior walls;
(c) R-19 for floors with crawl space;
(d) R-6, or the installed equivalent, for heating and air conditioning duct work not located in conditioned space."
SECTION 2. Section 6-9-60 of the 1976 Code, as last amended by Act 123 of 1997, is further amended to read:
"Section 6-9-60 (A) Municipalities and counties may adopt by reference only those provisions of the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction which directly relate to building and safety standards within their respective jurisdictions: Standard Housing Code,; Standard Existing Building Code,; Standard Swimming Pool Code,; the Standard Excavation and Grading Code, as published by the Southern Building Code Congress International, Inc.,; and the One and Two Family Dwelling Code, as published by the Council of American Building Officials; and the International Residential Code and the International Building Code, both as published by the International Code Congress. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adopting ordinance. However, the provisions of the codes referenced in this section which concern the qualification, removal, dismissal, duties, responsibilities of, and the administrative procedures for all building officials, deputy building officials, chief inspectors, other inspectors, and assistants do not apply unless they have been adopted by the municipal or county governing body. If a county or municipality adopts the One and Two Family Dwelling Code, the One and Two Family Dwelling Code shall take precedence over the Standard Building Code for dwellings as defined in the Standard Building Code. If a municipality or county contends that the codes authorized by this chapter do not meet its needs due to local physical or climatological conditions, the variations and modifications must be submitted for approval to the South Carolina Building Codes Council of fifteen members which is established in this section.
(B) Members of the council must be appointed by the Governor, with the advice and consent of the Senate, for terms of four years each and until a successor is appointed and qualifies. The council shall consist of (1) an architect registered in South Carolina, (2) municipal administrator, manager, or elected official, (3) a county administrator, manager, or elected official, (4) a representative of the electrical industry who is either an engineer or master electrician registered in South Carolina, (5) a general contractor licensed in South Carolina, (6) a residential home builder licensed in South Carolina, (7) a disabled person, (8) a representative of the mechanical and gas industries who is either an engineer registered in South Carolina or a master mechanic, (9) a representative of the plumbing industry who is either an engineer registered in South Carolina or a master plumber, (10) a representative designated by the State Engineer of the Budget and Control Board, (11) a structural engineer registered in South Carolina, (12) a representative of the general public who is not in the practice of home or safety inspection, construction, or building who does not have any financial interest in these professions, and who does not have any immediate family member in these professions, (13) a representative designated by the State Fire Marshal, (14) a representative from the Manufactured Housing Institute of South Carolina who shall serve as a nonvoting member, and (15) a representative designated by the Director of the State Energy Office of the Budget and Control Board who shall serve as a nonvoting member. A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term. The primary function of the council is to decide to what extent a jurisdiction may vary from the series of codes listed in this chapter in the establishment of construction standards. The council shall monitor the adoption of building codes by municipalities and counties to ensure compliance with this chapter. Members of the council shall receive mileage, subsistence, and per diem as provided for other state boards, committees, or commissions for attendance at board meetings called by the chairman. The council shall elect from its members a chairman, vice-chairman, and secretary. The council shall adopt regulations consistent with this chapter. Meetings may be called by the chairman on his own initiative and must be called by him at the request of three or more members of the council. All members must be notified by the chairman in writing of the time and place of the meeting at least seven days in advance of the meeting. Seven Eight members constitute a quorum. All meetings are open to the public. At least two-thirds vote of those members in attendance at the meeting constitutes and official decision of the council.
(C) The Building Codes Council is authorized to review, approve and adopt any new additions or amendments of the codes referenced in this chapter for use, reject those codes in whole or in part, or approve continued use of sections of earlier versions of the codes which had been previously approved and adopted. Except as may be provided in this section, local jurisdictions may only adopt the version of the code approved by the Building Codes Council."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator LEATHERMAN explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator BRANTON, with unanimous consent, H. 4438 was ordered to receive a third reading on Wednesday, June 3, 1998.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator LEATHERMAN proposed the following amendment (JIC\5700MM.98), which was adopted:
Amend the bill, as and if amended, Section 12-58-185(C), as found in SECTION 1, page 4848-3, beginning at line 15, by deleting the subsection in its entirety.
Renumber subsections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted. There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3685 (Word version) -- Reps. Cato and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-15-15 SO AS TO MAKE UNLAWFUL CERTAIN TRADE AND COMMERCIAL PRACTICES WITH REGARD TO THE LABELING OF A PRODUCT AS "PEAT" AND TO PROVIDE PENALTIES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD3685.001), which was adopted:
Amend the bill, as and if amended, page 1, line 32, in Section 39-15-15 (B), as contained in SECTION 1, by striking /ninety/ and inserting therein /thirty/.
Amend the bill further, as and if amended, page 1, line 35, by striking SECTION 2 in its entirety and inserting therein the following:
/SECTION 2. The 1976 Code is amended by adding:
"Section 39-5-37. It shall be an unlawful trade practice under Section 39-5-20 to use an assumed or fictitious name in the conduct of a business to intentionally misrepresent the geographic origin, ownership of manufacturing facilities, or location of such business."
SECION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
Senator LEVENTIS asked unanimous consent to give the Bill a third reading on Wednesday, June 3, 1998.
Senator PATTERSON objected.
H. 4693 (Word version) -- Reps. Sharpe, Davenport, Littlejohn, McLeod and Limehouse: A BILL TO AMEND TITLE 48, CHAPTER 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, BY ADDING ARTICLE 3 SO AS TO ENACT THE ENVIRONMENTAL EMERGENCY FUND ACT WHICH CREATES THE "ENVIRONMENTAL EMERGENCY FUND", DEFINES "ENVIRONMENTAL EMERGENCIES", REQUIRES THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, ESTABLISHES A ONE HUNDRED THOUSAND DOLLAR CAP FOR THE FUND, AND PROVIDES FOR USE OF THESE FUNDS; TO DESIGNATE SECTIONS 48-2-10 THROUGH 48-2-90 AS ARTICLE 1, CHAPTER 2, TITLE 48 ENTITLED "ENVIRONMENTAL PROTECTION FUND"; TO RENAME TITLE 48, CHAPTER 2 AS "ENVIRONMENTAL PROTECTION FUNDS".
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator ALEXANDER proposed the following amendment (GJK\21600AC.98), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION . Section 58-5-720 of the 1976 Code is amended to read:
"Section 58-5-720. The commission shall hereafter, prior to the granting of authority or consent to any water or sewer utility regulated by the commission, for the construction, operation, maintenance, acquisition, expansion, or improvement of any facility or system, prescribe as a condition to such consent or approval that the utility shall file with the commission a bond with sufficient surety, as shall be approved by the commission, in an amount not less than ten twenty-five thousand dollars and not more than fifty one hundred thousand dollars payable to the commission and conditioned upon the provision by the utility of adequate and sufficient service within its service area or deliver to the commission certificates of deposit, with such endorsement as required by the commission, of federal or state chartered banks or savings and loan associations who maintain an office in this State and whose accounts are insured by either the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. Such certificates of deposit shall not exceed the amount covered by insurance. The commission shall have the right, upon notice and hearing, to declare all or any part of the bond or certificate of deposit forfeited upon a determination by the commission that the utility shall have willfully wilfully failed to provide such service without just cause or excuse and that such failure has continued for an unreasonable length of time. A further condition of such bond or certificate of deposit shall be the provision for payment to the commission of any fine or penalty imposed or assessed by the commission against the utility under the provisions of Section 58-5-710."
SECTION . The amendment to Section 58-5-720 of the 1976 Code, as contained in this act, takes effect upon the South Carolina Public Service Commission promulgating the appropriate regulations necesssary to implement Section 58-5-720, as amended./
Renumber sections to conform.
Amend title and totals to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD4971.002), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 27, by striking SECTION 2 in its entirety and inserting the following:
/SECTION 2. The 1976 Code is amended by adding:
"Section 20-7-763. (A) When this chapter requires the department to make reasonable efforts to preserve or reunify a family and requires the family court to determine whether these reasonable efforts have been made, the child's health and safety must be the paramount concern.
(B) The family court may rule on whether reasonable efforts to preserve or reunify a family should be required in hearings regarding removal of custody, review of amendments to a placement plan, review of the status of a child in foster care, or permanency planning.
(C) The family court may authorize the department to terminate or forego reasonable efforts to preserve or reunify a family when the records of a court of competent jurisdiction show or when the family court determines that one or more of the following conditions exist:
(1) the parent has subjected the child to one or more of the following aggravated circumstances:
(a) severe or repeated abuse;
(b) severe or repeated neglect;
(c) sexual abuse;
(d) acts that the judge may find constitute torture; or
(e) abandonment;
(2) the parent has been convicted of or pled guilty or nolo contendere to murder of another child of the parent, or an equivalent offense, in this jurisdiction or another;
(3) the parent has been convicted of or pled guilty or nolo contendere to voluntary manslaughter of another child of the parent, or an equivalent offense, in this jurisdiction or another;
(4) the parent has been convicted of or pled guilty or nolo contendere to aiding, abetting, attempting, soliciting, or conspiring to commit murder or voluntary manslaughter pursuant to item (1), (2), or (3), or an equivalent offense, in this jurisdiction or another;
(5) physical abuse of a child of the parent resulted in the death or admission to the hospital for in-patient care of that child and the abuse is the act for which the parent has been convicted of or pled guilty or nolo contendere to committing, aiding, abetting, conspiring to commit, or soliciting (a) an offense against the person as provided for in Title 16, Chapter 3, (b) criminal domestic violence as defined in Section 16-25-20, (c) criminal domestic violence of a high and aggravated nature as defined in Section 16-25-65, or (d) the common law offense of assault and battery of a high and aggravated nature, or an equivalent offense in another jurisdiction;
(6) the parental rights of the parent to a sibling of the child have been terminated involuntarily;
(7) other circumstances exist that the court finds make continuation or implementation of reasonable efforts to preserve or reunify the family inconsistent with the permanent plan for the child.
(D) The department may proceed with efforts to place a child for adoption or with a legal guardian concurrently with making efforts to prevent removal or to make it possible for the child to return safely to the home.
(E) If the family court's decision that reasonable efforts to preserve or reunify a family are not required results from a hearing other than a permanency planning hearing, the court's order shall require that a permanency planning hearing be held within thirty days of the date of the order.
(F) In determining whether to authorize the department to terminate or forego reasonable efforts to preserve or reunify a family, the court must consider whether initiation or continuation of reasonable efforts to preserve or reunify the family is in the best interests of the child." /
Amend the bill further, as and if amended, page 5, beginning on line 1, in Section 20-7-768(C)(2), as contained in SECTION 3, by striking subitem (c) in its entirety and inserting therein the following:
/(c) the case is not one for which the court has made a determination that reasonable efforts to preserve or reunify the family are not necessary pursuant to Section 20-7-763."/
Amend the bill further, as and if amended, page 7, beginning on line 38, in Section 20-7-736(B), as contained in SECTION 8, by striking lines 38 through 41 in their entirety and inserting therein the following:
/child and that the child cannot be safely maintained in the home in that he cannot be protected from unreasonable risk of harm affecting the child's life, physical health, or safety, or mental well-being without removal. If a/.
Amend the bill further, as and if amended, page 8, beginning on line 29, in Section 20-7-766, as contained in SECTION 9, by striking lines 29 through 41 in their entirety and inserting therein the following:
/(C) If the court determines at the permanency planning hearing that the child may be safely maintained in the home in that the return of the child to the child's parent would not cause an unreasonable risk of harm to the child's life, physical health, or safety, or mental well-being, the court shall order the child returned to the child's parent. The court may order a specified period of supervision and services not to exceed twelve months. When determining whether the return of the child would cause an unreasonable risk of harm child should be returned, the court shall consider all evidence and the supplemental report including whether the parent has substantially complied with the terms and conditions of the plan approved pursuant to Section 20-7-764.
(D) If Except as provided in subsection (E), if the court determines at the permanency planning hearing that/
Amend title to conform.
Senator COURTNEY explained the committee amendment.
The amendment was adopted.
Senator LANDER proposed the following amendment (JUD4971.003), which was adopted:
Amend the bill, as and if amended, page 13, line 18, by adding an apppropriately numbered SECTION to read:
/SECTION ___. Subarticle 1, Article 11 of Chapter 7 of Title 20 of the 1976 Code is amended by adding:
"Section 20-7-1515. In determining the best interests of the child, the court must consider the child's reasonable preference for custody. The court shall place weight upon the preference based upon the child's age, experience, maturity, judgment, and ability to express a preference."\
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators McCONNELL, RAVENEL, LEVENTIS, CORK and HUTTO proposed the following amendment (PSD\7444AC.98):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _____. The 1976 Code is amended by adding:
"Section 48-1-82. Notwithstanding any other provision of law, if certain natural conditions cause or may cause a depression of dissolved oxygen in surface water, at no time and under no circumstances may the department establish, permit, or authorize the quality of the surface waters to be cumulatively lowered more than 0.1 mg/l for dissolved oxygen from point sources or other activities."/
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN objected to further consideration of the Bill.
H. 5183 (Word version) -- Rep. Cave: A BILL TO PROVIDE FOR FOUR ADDITIONAL MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION TO SERVE FOR TERMS TO EXPIRE IN 2002, TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL MEMBERS SHALL BE APPOINTED, AND TO PROVIDE THAT THEIR SUCCESSORS SHALL BE ELECTED AT THE 2002 ELECTION IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.
On motion of Senators HUTTO and WASHINGTON, the Bill was referred to the Allendale County Delegation.
The following Bills were carried over:
H. 4853 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-28-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM TAX ON MOTOR FUEL, SO AS TO SET PERCENTAGES OF REFUND FOR TAXABLE MOTOR FUEL USED TO OPERATE CERTAIN POWER TAKE-OFF EQUIPMENT, AND TO EXEMPT KEROSENE IN CERTAIN INSTANCES AND MOTOR FUEL USED TO TRANSPORT STUDENTS FOR STATE-FUNDED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 12-28-1730, RELATING TO PENALTIES IN CONNECTION WITH TAX ON MOTOR FUEL, SO AS TO FURTHER PROVIDE FOR THE CIVIL PENALTIES WHICH MAY BE IMPOSED REGARDING THE SALE OR USE OF DYED FUEL; AND TO REPEAL SECTIONS 12-31-220 AND 12-31-250 RELATING TO TEMPORARY AND BIENNIAL REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS.
On motion of Senator MOORE, the Bill was carried over.
S. 969 (Word version) -- Senator Holland: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING CHAPTER 30, SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" AND TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR; TO PROVIDE FOR THE RIGHTS OF THESE PERSONS IN THIS PROCESS; AND TO AUTHORIZE THE COMMITMENT OF THE PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION AND UNTIL THE PERSON IS SAFE TO BE AT LARGE.
On motion of Senator MOORE, the Bill was carried over.
H. 3287 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PREPAID LEGAL INSURANCE.
On motion of Senator LEATHERMAN, the Bill was carried over.
Senator ALEXANDER assumed the Chair at 6:37 P.M.
H. 5159 (Word version) -- Reps. Wilkins, Haskins, Harrison, Cato, H. Brown, Townsend, J. Brown, Sharpe and D. Smith: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 4, 1998, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 16, 1998, IN STATEWIDE SESSION AND TO CONTINUE IN STATEWIDE SESSION IF NECESSARY UNTIL WEDNESDAY, JUNE 17, 1998, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON WEDNESDAY, JUNE 17, 1998, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
The Senate resumed consideration of the Concurrent Resolution, the question being the adoption of Amendment No. 1A (5159R006.FC) proposed by Senators DRUMMOND and HOLLAND.
Senator THOMAS was recognized.
With Senator THOMAS retaining the floor on H. 5159, Senator LAND asked unanimous consent to take up for immediate consideration the continuing resolution amendment.
There was no objection.
Senators DRUMMOND, LAND and McCONNELL proposed the following Amendment No. 1 (157R015.JD), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The provisions of Part 1 of Act 155 for fiscal year 1997-98 are hereby reauthorized and shall constitute the general appropriations of state government for fiscal year 1998-99 to pay the expenses of state government, mutatis mutandis, except as limited, modified, or increased by the provisions contained in Section 2.
SECTION 2. (A) In addition to the general fund appropriations provided for in Part IA of Act 155 of 1997 as reauthorized by this act, the appropriations for fiscal year 1998-99 for the following SECTIONS are adjusted as follows:
SECTION 4 Judicial Department
Judges & Staff Salaries - Annualization 1,184,390
Tiered Judges Salary Structure - Annualization 292,827
Judicial Commitment Fees - Annualization 343,200
SECTION 11 Attorney General
Medicaid Fraud Control Unit - Annualization 39,316
SECTION 12 Prosecution Coordination Commission
Judicial Circuit Support - Annualization 500,000
SECTION 13 Office of Appellate Defense
Operating Expenses - Annualization 340,000
SECTION 15 Adjutant General's Office
Emergency Preparedness - Annualization and
Replace Loss of Federal Funds 530,622
SECTION 17B Budget & Control Board - Division of Operations
Capitol Complex Rent 1,500,000
State House Operations & Maintenance 957,339
SECTION 17F Budget & Control Board - Employee Benefits
FY 97-98 Pay Annualization 9,359,113
FY 98-99 Employee Pay Increase
2.5% October 16, 1998 27,269,172
Health Insurance Employer Rate Increase 11,725,297
SECTION 17G Budget & Control Board - Capital
Reserve Fund 4,846,500
SECTION 18A Commission on Higher Education
EPSCOR - Annualization 2,500,000
SCAMP - Annualization 600,000
Higher Education Funding - Annualization 16,000,000
Academic Endowment Incentive 800,000
SECTION 18B Higher Education Tuition Grants
Scholarship Program - Annualization 900,000
SECTION 18KA University of South Carolina-Columbia
Institute of Public Affairs - Annualization 500,000
Small Business Development Center - Annualization 191,398
SECTION 18N Technical & Comprehensive Education
Special Schools - Annualization 2,000,000
SECTION 19 Department of Education
Education Finance Act & Fringe 40,824,350
Fringe Equity Holdharmless - Annualization 8,500,000
Instructional Materials - Annualization 13,602,951
School Bus Driver Pay Plan - 2.5% October 16, 1998 789,995
Transportation Parts & Fuel - Annualization 1,450,000
Full-Day Kindergarten & Fringe - Final Phase-in 13,615,828
Governor's School for Arts - Startup Costs 1,694,363
SECTION 29 Department of Health & Human Services
Annualization of FY 97-98 Medicaid Funding 15,437,281
Maintenance of Current Medicaid Program Effort 12,544,051
SECTION 31 Department of Mental Health
Sexual Predator Program 140,865
SECTION 32 Department of Disabilities and Special Needs
Maintenance of Current Medicaid Program 587,000
Medicaid Match - Replace Loss of Federal Funds 919,000
SECTION 33 Department of Alcohol & Other Drug Abuse Services
The Bridge Program - Annualization 300,000
SECTION 35 Department of Social Services
Emotionally Disturbed Children
Program-Annualization 5,500,000
SECTION 42 Department of Probation Pardon & Parole
Annualization Of Supervision and
Investigative Agents 1,658,116
SECTION 43 Department of Juvenile Justice
Annualization of Current Program Effort 5,262,594
SECTION 46 Clemson PSA
Agri-Systems Research & Training 1,500,000
SECTION 67 Debt Service 2,500,000
SECTION 68A Aid to Subdivisions - Comptroller General
Homestead Exemption - Growth 1,427,068
Property Tax Relief Fund- Annualization & Growth 12,843,672
Manufacturer's Depreciation
Allowance- Annualization 4,891,426
Manufacturer's Depreciation
Allowance FY99 Phase-in 10,889,263
SECTION 68B Aid to Subdivisions - State Treasurer
Local Government Fund - Annualization & Growth 15,435,472
(B) For purposes of the 1998-99 general appropriations, the following Part IB provisos of Act 155 of 1997 are amended to read:
2.1. (Appropriations From Funds) Subject to the terms and conditions of this act, the sums of money set forth in this Part, if so much is necessary, are appropriated from the general fund of the state, the education improvement act fund, the highways and public transportation fund, and other applicable funds, to meet the ordinary expenses of the state government for Fiscal Year 1997-98, 1998-99, and for other purposes specifically designated.
2A.1. ( Fiscal Year Definitions) For purposes of the appropriations made by this Part, "current fiscal year" means the fiscal year beginning July 1, 1997, 1998, and ending June 30, 1998, 1999, and "prior fiscal year" means the fiscal year beginning July 1, 1996, 1997, and ending June 30, 1997 1998.
10.4. (TREAS: General Reserve Fund Transfer) The State Treasurer's Office is authorized to transfer $3,373,537 $7,269,750 of General Funds to the General Reserve Fund on July 1, 1997 1998, to comply with Article III, Section 36 of the Constitution. This amount of General Funds must be replaced as the first priority of any FY 1996-97 1997-98 surplus.
16.9. (ELECT: General Election Carry Forward) Up to $200,000 in funds appropriated for the 1996 General Election may be carried forward and used to help defray the costs of conducting the November 1997 Special Elections for the State Senate and the State House of Representatives. Any remaining funds may be carried forward and used to help defray the costs of conducting the 1998 General Election and to help in the purchase of Automated Count Absentee Voting Systems on a match basis not to exceed a total of $261,800.
17C.13. (BCB/DBA: OHR - Employee Pay) The amounts appropriated to the Budget and Control Board for Employee Pay Increase must be allocated by the Board to the various state agencies to provide for employees pay increases in accordance with the following plan:
1. With respect to classified employees, effective on or after July 1 October 16 of the current fiscal year, the compensation of all classified employees shall be increased by 2.5%.
2. With respect to unclassified employees or unclassified executive compensation system employees not elsewhere covered in this Act, effective on or after July 1 October 16 of the current fiscal year, each agency is authorized to allot the total funds for compensation increases among individual employees without uniformity. The funds provided for compensation increases for any employees subject to the provisions of this paragraph are based on an annual average 2.5% increase. All of the salaries are subject to the provisions of Section 72.24 of Part IB of this Act and Office of Human Resources' approval must be obtained before any employees subject to the provisions of this paragraph may be granted an annual pay increase in excess of the guidelines established by the Budget & Control Board. Any employee subject to the provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs 1, 3, 4, 5, 6 or 7.
3. With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission shall recommend to the Budget and Control Board salary increases for agency heads. Agency head increases shall be effective on or after July 1 October 16 of the current fiscal year. No agency head shall be paid less than the minimum of the pay increase range nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay range.
4. Effective on or after July 1 October 16 of the current fiscal year, agency heads not covered by the Agency Head Salary Commission, shall receive an annualized base pay increase of 2.5%.
5. With respect to local health care providers, the funds provided for compensation increases shall be based on an annual average 2.5% increase, effective on or after July 1 October 16 of the current fiscal year.
6. Effective on or after July 1 October 16 of the current fiscal year, the Chief Justice and other judicial officers shall receive a base pay increase of 2.5%.
7. Effective on or after July 1 October 16 of the current fiscal year, the compensation of judicial employees not elsewhere covered in this act shall be increased by 2.5%.
18A.28. (CHE: Palmetto Fellow Scholarships Regulations) This proviso is intended to provide direction to the Commission on Higher Education in developing the regulations for the Palmetto Fellows Scholarship program and to ensure that the intent of the General Assembly concerning these awards and the concerns raised in the public hearing on the awards process are addressed. These regulations must be developed and resubmitted for use in the 1997-98 academic year by CHE in concert with the standing subcommittees of the General Assembly to which the regulations were originally referred in time for the appropriate Committees to take immediate action upon the commencement of the 1998 Legislative session. Criteria may include, but are not limited to, academic achievement, contributions to school and/or community, and work experience. A nationally recognized organization should be used to assist in the development of an equitable rating instrument and methodology for scholarship awards. The minimum criteria necessary in order to apply for a Palmetto Fellow in 1997-98 1998-99 shall be in accordance with the 1997-98 regulations adopted by the General Assembly. an SAT or equivalent ACT score of 1200, a GPA of 3.5 on a 4.0 scale and the top 5% of the class. An essay shall not be used as part of the application process. SAT and ACT test scores administered in or before December of the applicant's senior year are to be considered in both the application and award process. For high schools having a class size of less than 40, the 2 students with the highest GPA in their junior year, who meet all other requirements, may apply for a Palmetto Fellow Scholarship. The student with the second highest GPA is to receive 15 points for the class rank portion of the selection process.
19.7. (SDE: EFA Formula/Base Student Cost Inflation Factor) To the extent possible within available funds, it is the intent of the General Assembly to provide for 100 percent of full implementation of the Education Finance Act to include an inflation factor projected by the Division of Budget and Analyses to match inflation wages of public school employees in the Southeast. The base student cost for FY 1997-98 1998-99 has been determined to be $1,839 $1,879 which includes a 4.5% 2.2% inflation factor.
Any unallocated Education Finance Act funds at the end of the current fiscal year must be allocated to the school districts for school building aid on a non-matching basis on the same basis that districts receive Education Finance Act allocations.
19.18. (SDE: Revenue Authorization) The State Department of Education is hereby authorized to collect, expend, and carry forward revenues in the following areas to offset the cost of providing such services: the sale of publications, brochures, photo copies, listings and labels, Directory of South Carolina Schools, student health record cards, items to be recycled, and high school diplomas and certificates; the collection of out-of-state and in-state investigation fees, registration fees for non-SDE employees, recurring facility inspection fees, teacher certification fees; the handling of audio-visual film; the provision of contract computer services to school districts and other state agencies, joint broadcast service to school districts, and education-related statistics through agreement with the National Center for Education Statistics; the lease or sale of programs of television, audio or microcomputer software; the collection of damage fees for instructional materials and the sale of unusable instructional materials; sale of fuel; use and repair of transportation equipment; the receipt of insurance and warranty payments on Department of Education equipment and the sale of used school buses and support equipment. The Department of Education is authorized to collect revenue for deposit into the State General Fund for testing material purchases and test rescoring fees. Any State Department of Education fees related to certification services, except for initial certification ($49), are waived. Any certification fees collected by the State Department of Education (except initial certification) since January 1, 1998, must be returned to the payer of such fees.
19A.1. (SDE-EIA: X-Local Financial Support) There shall be no required local match for Education Improvement Act funds appropriated in Part IA, Section 19 X. This shall not impact or alter the requirements of Section 59-21-1030, level of financial effort per pupil required of each school district; application for waiver. The inflationary increase required for local financial effort as defined in Section 59-21-1030 for FY 1997-98 1998-99 is 3.2% 2.2%.
19A.26. (SDE-EIA: XC-Teacher Salaries/SE Average) The projected Southeastern average teacher salary shall be the average of the average teachers salaries of the southeastern states as projected by the Division of Budget and Analyses. For the current school year the projected Southeastern average teacher salary is projected to be $33,547 $34,565. It is the intent of the General Assembly to fully fund or exceed the Southeastern average teacher salary as projected. Appropriations for FY 98-99 from EIA funds shall be increased by $9,812,345 for this purpose.
Funds appropriated in Part IA, Section 19 X.C. for Teacher Salaries must be used to increase salaries of those teachers eligible pursuant to Section 59-20-50 (b), to include classroom teachers, librarians, guidance counselors, psychologists, social workers, occupational and physical therapists, school nurses, orientation/mobility instructors and audiologists in the school districts of the state.
19A.55. (SDE-EIA: XC-National Board Certification Incentive) The funds appropriated in 19 XC for National Board Certification Incentive shall be used for reimbursement of the certification fee and a one time bonus to those teachers who successfully complete the certification process. Teachers who have become certified by the National Board for Professional Teaching Standards prior to June 30, 1998 in the current year, and under contract to teach in South Carolina through 1998-99 the following school year, are eligible to receive the one-time bonus.
19A.57. (SDE-EIA: XC-SC Statewide Systemic Initiative) The funds appropriated in Part IA, Section 19 X.C. for National Science Foundation Grants matching funds shall be used for matching funds for those math Mathematics and science hubs Science Hubs which coordinate training in math support improvements in mathematics and science through resources and professional development in instructional techniques and strategies, use of technology in the classroom, leadership, content in subject areas and assessment. These efforts will be coordinated with programs such as Tech Prep Consortia using applied learning techniques and which assist teachers in using computers in the classroom.
24.2. (AH: Use of Proceeds) The proceeds of facilities rentals, gift shop operations, training sessions, sales of publications, reproductions of documents, repair of documents, research fees, handling charges, and the proceeds of sales of National Register of Historic Places certificates and plaques by the Archives Department shall be deposited in a special account in the State Treasury, and may be used by this department to cover the cost of facility operations and maintenance, gift shop inventory, additional training sessions, publication, reproduction expenses, repair expenses, and National Register of Historic Places certificates and plaques, and selected Historic Preservation Grants.
28.6. (MUSM: Across-the-Board Cut Exemption) In the calculation of any across-the-board cut mandated by the Budget and Control Board or General Assembly, the amount of the Museum's rent which the Commission pays to the South Carolina Heritage Associates for rent of the Museum's rent General Services for the retirement of General Revenue Bonds shall be excluded from the Museum's base budget.
29.8. (DHHS: Medically Indigent Assistance Fund) The Department is authorized to expend disproportionate share funds to all eligible hospitals with the condition that all audit exceptions through the receipt and expenditures of these funds are the liability of the hospital receiving the funds. To the extent that any disproportionate share funds authorized under this section exceed a specific hospital's cost, such funds must be spent on health care services by a governmental entity. These funds must be used to reimburse the hospital for expenses in providing uncompensated indigent care.
29.15. (DHHS: Residential Care Optional Supplement) From the appropriation made herein for General Assistance Residential Care Facilities, the Department will supplement the income of individuals who reside in those licensed residential care facilities that have an approved Optional Supplement Request with the Department. Individuals who reside in those residential care facilities with approved Optional Supplement Requests must also qualify as aged, blind or disabled under the definitions of Public Law 92-603, U.S. Code, or who would qualify except for income limitations or residence in a residential care facility reclassified as a public institution by the Social Security Administration. For the period of the current fiscal year, the Department will, based on availability of funds, supplement the income of the above defined group up to a maximum of $795.00 per/month and the residential care facilities are authorized to charge a fee of $762.00 per/month for the defined group. Each individual in the defined group is allowed a $33.00 per/month personal needs allowance. The Department will issue the recipient an Optional Supplement check in an amount that will permit the recipient to comply with the above payments; however, DHHS will devise a payment system which will reflect a daily occupancy and will issue a single check to each enrolled facility participating in the OSS program. if If the federal government grants a cost of living increase to Social Security and Supplemental Security Income recipients, the Department will increase the residential care payment by the amount of the cost of living increase minus $2.00 per recipient for an increase in the Personal Needs Allowance from $33 to $35. This increase to the Personal Needs Allowance applies to all OSS recipients regardless of whether they receive Social Security and/or Supplemental Security Income. The maximum amount of payment a facility can charge will be increased by the same amount as the cost of living increase, less $2.00. the The maximum amount that the facility is permitted to charge is $762.00. The Department shall establish the maximum number of Optional Supplement Requests that can be funded and will develop a waiting list based on present and future applications received from each county. Each facility that participates in the Optional Supplement Program must submit a notarized operating cost report. The cost information will include all income and operating costs for the facility. The Department will develop a time schedule for reports to be submitted. Facilities failing to submit costs information and adhere to the time schedule will not be eligible to serve Optional Supplement residents. Information received by the Department will be consolidated and submitted to the Senate Finance Committee and the Ways and Means Committee. The Department shall explore any options for maximizing state matching dollars in the provision of services to residents of licensed community residential care facilities and options for reviewing the quality and adequacy of care and report to the Senate Finance Committee, the Ways and Means Committee and the Governor's Office no later than January 15, 1998. All services rendered to a Residential Care Facility resident must be in compliance with state health licensing laws and regulations.
35.2. (DSS: Recovered State Funds) The Department shall withhold a portion of the State Funds recovered, under the IV-D Program, for credit to the General Fund in order to allow full participation in the Federal "set off" program offered through the Internal Revenue Service, the withholding of unemployment insurance benefits through the South Carolina Employment Security Commission and reimbursement for expenditures related to blood testing. Such funds may not be expended for any other purpose. The Department of Social Services be allowed to utilize the State share of Federally required application fees, collected from Non-AFDC Non-TANF clients, in the administration of the Child Support Enforcement Program. Such funds may not be expended for any other purpose. However, this shall not include Child Support Enforcement Program incentives paid to the program from Federal Funds to encourage and reward cost effective performance. Such incentives are to be reinvested in the program to increase collections of support at the State and County levels in a manner consistent with federal laws and regulations governing such incentive payments. The Department shall not use Clerk of Court incentive funds to replace agency operating funds. Such funds shall be remitted to the appropriate state governmental entity to further child support collection efforts.
35.12. (DSS: TANF Advance Funds) The Department of Social Services is authorized to advance sufficient funds during each fiscal year from the Aid to Families with Dependent Children Temporary Assistance for Needy Families Assistance Payments general fund appropriations to the Aid to Families with Dependent Children Temporary Assistance for Needy Families Assistance Payments federal account only for the purpose of allowing a sufficient cash flow in the federal account. The advance must be refunded no later than April of the same fiscal year. Upon the advance of funds as provided herein, the Comptroller General is authorized to process the July voucher for the funding of benefit checks.
35.17. (DSS: TANF - Immunizations Certificates) The Department shall require all AFDC TANF applicants and/or recipients to provide proof of age appropriate immunizations for children. If such immunizations have not been administered, the Department shall assist in referring applicants to appropriate county health departments to obtain the immunizations.
54.3. (PSC: Transportation Fee Refund) The Motor Transport Division Transportation Department of the Public Service Commission is hereby authorized to make refunds of fees which were erroneously collected.
65.6. (ESC: Unemployment Compensation Contribution Rates) (A) Notwithstanding any provision contained in Section 41-31-80 of the 1976 Code, with respect to the computation of the statewide reserve ratio for employer contributions to the State Unemployment Compensation Fund, for the period January 1, 1998 1999 through December 31, 1998 1999, the following contribution rates apply:
If the resultant percentage of the employer's reserve balance divided by the annual payroll equals or exceeds 9%, then the contribution rate is .54%;
If the resultant percentage of the employer's reserve balance divided by the annual payroll equals 8% but is less than 9%, then the contribution rate is .89%;
If the resultant percentage of the employer's reserve balance divided by the annual payroll equals 7% but is less than 8%, then the contribution rate is 1.24%;
If the resultant percentage of the employer's reserve balance divided by the annual payroll equals 6% but is less than 7%, then the contribution rate is 1.59%;
If the resultant percentage of the employer's reserve balance divided by the annual payroll equals 5% but is less than 6%, then the contribution rate is 1.94%;
If the resultant percentage of the employer's reserve balance divided by the annual payroll equals 4% but is less than 5%, then the contribution rate is 2.29%;
If the resultant percentage of the employer's reserve balance divided by the annual payroll is less than 4%, then the contribution rate is 2.64%.
(B) All other provisions of Chapters 27 through 42, Title 41, of the 1976 Code are applicable for the period January 1, 1998 1999 through December 31, 1998 1999.
68A.1. (AS-CG: Salary Supplements) Of the amount appropriated in this section for Clerks of Court, Probate Judges, and County Sheriffs, $4,725 shall be distributed by the Comptroller General to each County Treasurer, which shall be used as a $1,575 salary supplement for each Clerk of Court, Probate Judge and County Sheriff. The amounts appropriated in this section for Registers of Mesne Conveyances Deeds shall be distributed by the Comptroller General to the appropriate County Treasurer, which shall be used as a $1,575 salary supplement for Registers of Mesne Conveyances Deeds. The State shall pay $15,236 $15,474 on the salary of each County Auditor and County Treasurer in addition to any amounts presently being provided by the county for these positions. It is the intent of the General Assembly that the amount appropriated by the county for these positions shall not be reduced as a result of the appropriation and that such appropriation shall not disqualify each County Auditor and each County Treasurer for salary increases that they might otherwise receive from county funds in the future. These salaries shall be paid in accordance with the schedule and method of payment established for state employees.
72.40. (GP: PORS Retirees Salary Limit) Notwithstanding the provisions of subsections (1) and (2) of Section 9-11-90, a retired member of the System may return to employment covered by the System and earn up to fifteen thousand five hundred dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the System. If the retired member continues in service after having earned fifteen thousand five hundred dollars in a fiscal year, his retirement allowance must be discontinued during the period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member of the System who has retired mandatorily because of age pursuant to Section 9-1-1530.
72.41. (GP: SCRS Retirees Salary Limit) Notwithstanding any other provision of law, a retired member of the System may return to employment covered by the System and earn up to fifteen thousand five hundred dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the System. If the retired member continues in service after having earned fifteen thousand five hundred dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member of the System who has retired mandatorily because of age pursuant to Section 9-1-1530.
72.65. (GP: SDE Agriculture Education Transfer to Clemson PSA) The Budget and Control Board, in conjunction with the Department of Education, shall transfer all federal funds associated with Agricultural Education at the Department of Education to Clemson-PSA no later than July 15, 1997 1998. Notwithstanding any other provisions of law, funds and positions transferred to Clemson-PSA from the Department of Education for Agricultural Education shall be used for personnel positions and related office and travel expenses to provide overall leadership, coordination, and structure for agricultural education programs, EFA activities and SC Association of Young Farmers activities in the public schools of South Carolina. Clemson PSA shall provide a report to the Department of Education on the use and expenditure of the federal funds transferred by the Department of Education to Clemson PSA no later than December 1, of the current fiscal year.
72.68. (GP: Base Budget Analysis) Agencies' annual accountability reports for 1996-97 1997-98, as required in Section 1-1-810, must be accessible to the Governor, Senate Finance Committee, House Ways & Means Committee and to the public on or before November 1, 1997 1998, for the purpose of a zero base budget analysis. Until performance based funding is fully implemented and reported annually, the Commission on Higher Education and the state supported colleges, universities and technical schools shall report in accordance with Section 59-101-350. Technical assistance will be available from the Office of State Budget. The House Ways and Means Committee may award a Certificate of Excellence in Governing to the three agencies with the most exemplary accountability reports. These reports will be used as models for future accountability reports.
73.1. (Year End Expenditures) Unless specifically authorized herein, the appropriations provided in Part I of this Act as ordinary expenses of the State Government shall lapse on July 31, 1998 1999. State agencies are required to submit all current fiscal year input documents to the Comptroller General's Office by July 20, 1998 1999. Appropriations for Permanent Improvements, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations were provided, unless definite commitments shall have been made, with the approval of the State Budget and Control Board and Joint Bond Review Committee, toward the accomplishment of the purposes for which the appropriations were provided. Appropriations for other specific purposes aside from ordinary operating expenses, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations were provided, unless definite commitments shall have been made, with the approval of the State Budget and Control Board, toward the accomplishment of the purposes for which the appropriations were provided.
(C) For purposes of 1998-99 general appropriations, the following Part IB provisos are added to the appropriate sections of Part IBof Act 155 of 1997:
17B.14. (BCB/DO: OIS - State Health Plan Contribution) When devising a plan for the method and schedule of payment for the employer and employee share of contributions for Plan Year 1999, the Budget and Control Board shall not increase the contribution rates nor decrease benefits for State Health Plan participants.
17B.15. (BCB/DO: OGS - State House Operation & Maintenance Account) Of the funds appropriated in the Budget and Control Board - General Services, $957,339 must be set aside in a separate account for the operation and maintenance of the State House. The Budget and Control Board shall report annually to the State House Committee on the amount expended from this fund.
19A.60. (SDE-EIA: X-STAR Diploma) Funds appropriated for the EIA STAR Diploma Scholarship in the prior fiscal year, may be carried forward and expended during the current fiscal year for the same purpose.
19A.61. (SDE-EIA: School Technology Fund Carry Forward) Funds transferred from the Budget and Control Board for the K-12 school technology initiative may be retained and carried forward into the current fiscal year to be used for the same purpose the funds were transferred.
20.6. (ETV: School Technology Fund Carry Forward) Funds transferred from the Budget and Control Board for the K-12 school technology initiative may be retained and carried forward into the current fiscal year to be used for the same purpose the funds were transferred.
26.6. (LIB: Purchase Surplus Furniture & Equipment) The South Carolina State Library shall transfer to the Department of Archives and History an amount not to exceed $50,000, for furniture and equipment deemed excess by the Department when it moves into their new building. This equipment shall remain in the existing building and become part of the State Library's inventory.
72.83. (GP: New Positions) New positions identified in Act 155 of 1997 as new positions are not considered as new positions effective July 1, 1998. Interim positions established by the Budget and Control Board during Fiscal Year 1997-98 shall continue into Fiscal Year 1998-99.
72.84. (GP: Appropriation Adjustments) The Office of State Budget of the Budget and Control Board is directed to continue authorized transfers and reductions for Fiscal Year 1997-98 into Fiscal Year 1998-99. The Office of State Budget shall make appropriation adjustments contained in this Act in accordance with an adjustment plan approved by the Senate Finance and Ways and Means Committees.
(D) The following numbered provisos contained in Part IB of Act 155 of 1997 are deleted and do not apply to general appropriations for fiscal year 1998-99: 19.30, 23.11, 24.8, 72.76, 72.82.
SECTION 3. (A) Surplus revenues available at the close of fiscal year 1997-98 are established as follows:
(1) Fiscal Year 1997-98 BEA Surplus $61,201,043
(2) Fiscal Year 1997-98 Unclaimed
Property Fund per BEA 5,000,000
TOTAL, ALL SOURCES $66,201,403
(B) From the revenues established in (A), the following sums are appropriated to supplement appropriations from the General Fund of the State for Fiscal Year 1998-99 in the following order of priority and for the purposes stated:
State Treasurer's Office General Reserve Fund 7,269,750
State Election Commission 1998 Statewide
General Election 2,088,000
House of Representatives
Southern Legislative Conference - August 1998 180,000
Budget & Control Board
Statewide Performance Audit - Completion 200,000
Local Government Grants - Annualization 1,000,000
Infrastructure Revolving Loan Fund - Annualization 1,000,000
Commission on Higher Education
Higher Education Funding - Annualization 17,700,000
Department of Education
Governor's School for the Arts - Technology,
Furniture & Equipment 2,000,000
Department of Mental Health
Medication Research Project Completion 200,000
Aid to Subdivisions - Comptroller General
Property Tax Relief Fund 17,281,646
Aid to Subdivisions - State Treasurer
Local Government Fund 17,281,647
SECTION 4. All acts or parts of acts inconsistent with any of the provisions of this act are suspended for Fiscal Year 1998-99.
SECTION 5. Except as otherwise specifically provided, this act is effective for the Fiscal Year beginning July 1, 1998 and ending June 30, 1999./
Amend the bill further, as and if amended, by striking the title in its entirety and inserting a new title to read:
/TO PROVIDE FOR APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 1998, BY REAUTHORIZING THE PROVISIONS OF PART I OF ACT 155 OF 1997 EXCEPT AS DELETED, LIMITED, MODIFIED, OR INCREASED BY THE PROVISIONS OF THIS ACT; TO PROVIDE FOR SUPPLEMENTAL APPROPRIATIONS FROM REVENUES AVAILABLE AT THE CLOSE OF FISCAL YEAR 1997-98; AND TO PROVIDE THAT ALL ACTS OR PARTS OF ACTS INCONSISTENT WITH ANY PROVISION OF THIS ACT ARE SUSPENDED FOR FISCAL YEAR 1998-99./
Renumber sections to conform.
Amend totals to conform.
Senator LAND explained the amendment.
The PRESIDENT assumed the Chair at 7:05 P.M.
Senator LAND continued speaking on the amendment.
At 7:10 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed ten minutes.
At 7:22 P.M., the Senate resumed.
Senator LAND explained the amendment.
Senator RYBERG made a Parliamentary Inquiry as to which matter was under consideration.
The PRESIDENT stated that Amendment No. 1 to S. 157 was under consideration.
Senator RYBERG made a Parliamentary Inquiry as to whether the Senate should be considering H. 5159.
The PRESIDENT stated that pursuant to the unanimous consent request, S. 157 was properly before the Senate.
Senator LAND continued speaking on the amendment.
Senator LAND moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Cork Drummond Elliott Ford Glover Holland Hutto Jackson Land Lander Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Rankin Ravenel Saleeby Setzler Short Smith, J. Verne Washington
Alexander Branton Courson Fair Giese Gregory Grooms Hayes Leatherman Martin Mescher Peeler Reese Russell Ryberg Thomas Waldrep Wilson
The amendment was adopted.
I voted "no" because the Spartanburg Renaissance Project was not a part of the continuing resolution.
There being no further amendments, the Bill was returned to the House with amendments.
Statement by Senators THOMAS, COURSON, MARTIN, RYBERG
We voted against the continuing resolution because no money was included for "Life Scholarships," while other new programs were made part of the continuing resolution.
The Senate resumed consideration of H. 5159. The question being the adoption of Amendment No. 1A (5159R006.FC) proposed by Senators DRUMMOND and HOLLAND.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
The question then was the adoption of the Concurrent Resolution, as amended.
The Concurrent Resolution was adopted, as amended, ordered returned to the House with amendments.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
Senator HOLLAND asked unanimous consent to make a motion that the Senate recur to the Morning Hour.
Senator RYBERG objected.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.
Senator THOMAS argued contra to the third reading of the Joint Resolution.
With Senator THOMAS retaining the floor, Senator DRUMMOND moved that the Senate stand adjourned.
Senator WASHINGTON objected.
Senator THOMAS continued arguing contra to the third reading of the Joint Resolution.
Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator SETZLER moved that a call of the Senate be made. The following Senators answered the call:
Alexander Branton Courson Elliott Fair Ford Glover Gregory Grooms Hayes Holland Hutto Jackson Lander Leventis Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Russell Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington
A quorum being present, the Senate resumed.
On motion of Senator LANDER, with unanimous consent, Senators DRUMMOND, LAND and SETZLER were granted leave to attend a meeting of the Conference Committee on H. 4700, the General Appropriation Bill.
Senator THOMAS continued arguing contra to the third reading of the Joint Resolution.
With Senator THOMAS retaining the floor, on motion of Senator MOORE, with unanimous consent, debate was interrupted by adjournment.
Having received a favorable report from the Abbeville County Delegation, the following appointments were confirmed in open session:
Reappointments, Abbeville County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable George T. Ferguson, Post Office Box 579, Abbeville, S.C. 29620
Honorable John R. Nixon, 1629 Highway 28 North, Abbeville, S.C. 29620
Having received a favorable report from the Bamberg County Delegation, the following appointment was confirmed in open session:
Reappointment, Bamberg County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Franklin D. Gibson, Route 1, Box 158-BB, Denmark, S.C. 29042
Having received a favorable report from the Chesterfield County Delegation, the following appointment was confirmed in open session:
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Ronnie L. Simpson, Sr., Route 1, Box 385, Patrick, S.C. 29584
Having received a favorable report from the Clarendon County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Clarendon County Master-in-Equity, with term to commence June 30, 1998, and to expire June 30, 2004:
Honorable Ralph F. Cothran, Post Office Drawer 700, Manning, S.C. 29102
Having received a favorable report from the Dillon County Delegation, the following appointments were confirmed in open session:
Reappointments, Dillon County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Franklin D. Lee, Post Office Box 1, Hamer, S.C. 29547
Honorable James F. Rogers, Post Office Box 187, Lake View, S.C. 29563
Having received a favorable report from the Edgefield County Delegation, the following appointments were confirmed in open session:
Reappointments, Edgefield County Board of Voter Register, with terms to commence March 15, 1998, and to expire March 15, 2000:
Ms. Marie D. Adams, 210 Gary Hill Road, Edgefield, S.C. 29824
Ms. Ruth S. Day, Post Office Box 6, Trenton, S.C. 29847
Ms. Elizabeth J. Greene, 588 Norris Street, Edgefield, S.C. 29824
Ms. Mary Ellen C. Painter, 1300 Penn Street, Edgefield, S.C. 29824
Having received a favorable report from the Greenville County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Greenville County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Vilvin W. Garrison, 113 Redwood Drive, Easley, S.C. 29642 VICE Leila Foster (from term expired prior to Foster vicing Dorothy Lee Butler)
Having received a favorable report from the Lexington County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Lexington County Master-in-Equity, with term to commence January 1, 1995, and to expire January 1, 2001, service to commence July 1, 1998:
Honorable Clyde N. Davis, Jr., 1014 Lonsdale Drive, West Columbia, S.C. 29170 VICE George W. Jefferson (retired)
Having received a favorable report from the Williamsburg County Delegation, the following appointments were confirmed in open session:
Reappointments, Williamsburg County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Cynthia W. Burrows, Post Office Box 956, Kingstree, S.C. 29556
Honorable Charles D. Morris, Route 1, Box 297, Nesmith, S.C. 29580
On motion of Senators COURSON, DRUMMOND, ALEXANDER, ANDERSON, BRANTON, BRYAN, CORK, COURTNEY, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAYES, HOLLAND, HUTTO, JACKSON, LAND, LANDER, LEATHERMAN, LEVENTIS, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PASSAILAIGUE, PATTERSON, PEELER, RANKIN, RAVENEL, REESE, RUSSELL, RYBERG, SALEEBY, SETZLER, SHORT, J. VERNE SMITH, THOMAS, WALDREP, WASHINGTON and WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Barry M. Goldwater, a five-term United States Senator and former Presidential candidate.
At 8:35 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 10:44 A.M.