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, yesterday was Confederate Memorial Day. Hear ancient words from the Book of Proverbs, Chapter 31 (vv. 28, 31):
"Her children rise up and call her blessed... Let her works praise her in the gates."
Let us pray.
Dear God, the Father of us all, we pause to remember and reflect upon our past; but especially to give thanks to You. You preserved us, ONE NATION UNDER GOD, as we fought, filled our lands with blood, and for more than a century suffered the trauma of the aftermath.
Lord, we are raising a monument to our sisters and brothers from Africa. They joined us, the children of an embattled and miserable Europe, seeking a home in "the Land of the Free." They have added their blood and strength to make this land the LAND OF HOPE for the whole world.
Together, we pray in the words of Robert Murray in 1880:
"Our Saviour King, defend us,
And guide where we should go;...
Thy love and light to show...
From ocean unto ocean our land shall own Thee Lord."
Amen.
At 12:08 P.M., on motion of Senator SALEEBY, the Senate receded from business not to exceed fifteen minutes.
At 12:23 P.M., the Senate resumed.
The meeting was conducted on May 5, 1999, at 427 Blatt Building, Room 501, Columbia, South Carolina, before Sonya S. Keesee, Court Reporter and Notary Public in and for the State of South Carolina.
APPEARANCES: Representative Olin Phillips
Senator James E. Bryan, Jr.
ALSO PRESENT: Sophia Floyd
REPRESENTATIVE PHILLIPS: We call the meeting to order. And I'd like to introduce the committee that is here. Senator Jim Bryan from Laurens, and myself, Representative Olin Phillips from Cherokee. First, we'll do Coastal Carolina University, Mr. George Anderson, Seat 1, District 1. Mr. Anderson, if you'd stand and raise your right hand, sir. The information you give here today will be the truth and nothing but the truth, so help you?
MR. ANDERSON: Yes.
REPRESENTATIVE PHILLIPS: Thank you, sir. Do you have any health-related problems that would prevent you from serving on the Board in a full capacity ...
MR. ANDERSON: No.
REPRESENTATIVE PHILLIPS: ... that we don't know about?
MR. ANDERSON: No.
REPRESENTATIVE PHILLIPS: Considering your present occupation and other activities, would you be able to attend the Board meetings on a regular basis?
MR. ANDERSON: Yes. With due notice.
REPRESENTATIVE PHILLIPS: Sir? MR. ANDERSON: With due notice.
REPRESENTATIVE PHILLIPS: Yes, sir. Do you have any interests, professionally or personally, that would be a conflict of interest if you would be elected to this Board?
MR. ANDERSON: No.
REPRESENTATIVE PHILLIPS: None. Do you hold any public office now that would prevent you from fulfilling your duties if you were elected to this Board?
MR. ANDERSON: No.
REPRESENTATIVE PHILLIPS: None. Well, sir, you may open with a statement, if you'd like to make a short statement.
MR. ANDERSON: Yes. I have a prepared statement I would like just to briefly read, which is in addition to the resume and other information that you have.
REPRESENTATIVE PHILLIPS: All right.
MR. ANDERSON: And as to the reason I'm applying as a Trustee, is the fact that I've had a life-long interest in both personal and community education. In addition to the listed formal degreed programs, I have spent considerable personal time and effort to expand my horizons by taking numerous studies in a number of different areas of interest. I have been actively involved in the education of others in the communities where I've lived. These include being a member of the Executive Board of the Fayette-Westmoreland Council of the Boy Scouts in Pennsylvania. I was chairman of their Explorer Scouting program and both started patrols and also counseled high school students in discovering career opportunities. I was also a member of the Education Council of the Chamber of Commerce of Uniontown, Pennsylvania, where we provided annual career awareness programs for young people. I've taught both undergraduate and graduate level MBA college students at two local colleges as a hobby, because I am an engineer I taught at Penn State University and at California University of Pennsylvania, because I felt I could help young people toward leading a better life. These courses included engineering, marketing, economics, business principles, and production management. I was also a visiting water industry instructor at the Texas A&M University at Colleton ... College Station, Texas. Other examples of my interest in promoting education has been a judge for 15 years at regional high school science fairs and also being a mentor for engineering students. During the time I was actively employed, I was part of an ad hoc group of professionals who established the ISO 9000 Users Group, which is an international inspection concept in Pittsburgh, Pennsylvania to advance quality concepts in the workplace. I was a member of a number of civic organizations throughout my work career, including the Junior Chamber of Commerce, the Lions Club for ten years, the Rotary Club for eight years, and being included... including being their Executive Treasurer for three years. Also, actively involved with the Boy Scouts and am a member of Mensa. I have remained active throughout the Grand Strand area since I have retired to Myrtle Beach, even though people consider me retired. In reality, all I've done is change careers from paid employment to volunteerism. I retired and moved to Myrtle Beach four years ago at the age of 58. I've become active in a number of community activities, including being the vice president of Habitat for Humanity of Horry County, Chairman of the Grand Strand Chapter of SCORE, and a member of the Board of Directors of the Condo Owners' Association at the Beach. I'm also a member of the First Presbyterian Church at Myrtle Beach and on a team of members who provide meals to a charity group called Street Reach Mission. In addition, I'm past president of the Owners' Association of Southcreek where I reside. In summary, I believe my educational background, business management skills and experience in a wide range of activities prepares me to contribute in a positive manner to the Coastal Carolina University and its various stakeholders.
REPRESENTATIVE PHILLIPS: Thank you, sir. Senator Bryan, do you have any questions of Mr. Anderson?
SENATOR BRYAN: No, sir. He's got a very thorough statement here.
REPRESENTATIVE PHILLIPS: Mr. Anderson, we appreciate you coming and are certainly sorry you didn't make the other screening...
MR. ANDERSON: Yes. REPRESENTATIVE PHILLIPS: ... because you was having fun, probably. But anyway, we ... your resume looks good and I would inform you that the election is set for next Wednesday at twelve noon at this date. And your and Mr. Parker ...is that ...
MS. FLOYD: Yes, but they're not going to be involved in that election. We're going to wait. Because we have to give them two weeks.
REPRESENTATIVE PHILLIPS: Two weeks?
MS. FLOYD: Uh-huh (affirmative response). Yes. So they're not going to be involved in the May 12th ...
REPRESENTATIVE PHILLIPS: Oh that's right. We're screening him for that.
MS. FLOYD: Yes. We'll let you know.
REPRESENTATIVE PHILLIPS: So that will be deleted from the regular election next week. But I would tell you that you need, you're in town today, contact your legislatures and everything, because I feel like you're qualified. And do I hear a motion to screen Mr. Anderson now?
SENATOR BRYAN: So moved.
REPRESENTATIVE PHILLIPS: Sir? SENATOR BRYAN: So moved.
REPRESENTATIVE PHILLIPS: Yes, sir. Thank you. Mr. Anderson, we deem you qualified to run and now you may seek votes for this position and you can start when you leave here.
MR. ANDERSON: Very good. Thank you very much.
REPRESENTATIVE PHILLIPS: Thank you, sir. Thank you for coming.
MR. ANDERSON: Thank you committee, and you, for giving me the opportunity to speak today.
REPRESENTATIVE PHILLIPS: Yes, sir. Well, we just appreciate people, you know, who are willing to run and certainly you went through the efforts to qualify and everything and you certainly couldn't be here the last time, but we appreciate your public interest in doing what you do, even though it's not getting anything out of it but the pleasure of helping someone else.
MR. ANDERSON: Right.
REPRESENTATIVE PHILLIPS: And we certainly appreciate that for the State of South Carolina.
MR. ANDERSON: Fine.
REPRESENTATIVE PHILLIPS: Thank you, sir.
MR. ANDERSON: Thank you.
MS. FLOYD: I take that back about him, because all the other candidates for his Seat are going to be involved in ...
REPRESENTATIVE PHILLIPS: Yes, I think ... sir, your election is next Wednesday.
MS. FLOYD: Yours is next Wednesday. Your all's is going to have to wait.
REPRESENTATIVE PHILLIPS: These two are the ones.
MS. FLOYD: Yes, your all's is going to wait, but yours will be ...
MR. ANDERSON: Okay. Next Wednesday.
REPRESENTATIVE PHILLIPS: Yes, sir. And ...
MS. FLOYD: 12:00 o'clock.
REPRESENTATIVE PHILLIPS: Twelve noon, and the ...
MR. ANDERSON: The General Assembly ...
REPRESENTATIVE PHILLIPS: It's a Joint Assembly between the Senate and the House in the House Chambers at twelve noon.
MR. ANDERSON: Got it.
REPRESENTATIVE PHILLIPS: Thank you, sir.
MS. FLOYD: And you can call me if you have any questions.
MR. ANDERSON: Okay. Thank you.
MS. FLOYD: Uh-huh (affirmative response). REPRESENTATIVE PHILLIPS: The House goes in at ten and the Senate at eleven today, so you have time to see a few of them, Mr. Anderson.
MR. ANDERSON: Okay. Fine. Thank you.
REPRESENTATIVE PHILLIPS: Okay. Our next order is candidates for Francis Marion University, Seat 76, District 3. And Ms. Patricia Edmonds. Would you please raise your right hand. Ms. Edmonds, the information and questions we ask you here today will be the truth and nothing but the truth so help you?
MS. EDMONDS: Yes, sir.
REPRESENTATIVE PHILLIPS: Thank you. Do you have any health-related problems that we need to know about ...
MS. EDMONDS: No, sir.
REPRESENTATIVE PHILLIPS: ... that would prevent you from serving? MS. EDMONDS: Huh-uh (negative response).
REPRESENTATIVE PHILLIPS: Considering your occupation and present activities, would anything prevent you from serving the Board in a full capacity?
MS. EDMONDS: No.
REPRESENTATIVE PHILLIPS: Do you have any interests, professionally or personally, that would cause a conflict if you were elected?
MS. EDMONDS: No.
REPRESENTATIVE PHILLIPS: Do you hold any public position of honor or trust, if elected, would prevent you from serving on a regular basis on the committee?
MS. EDMONDS: No.
REPRESENTATIVE PHILLIPS: Okay. Then you may go ahead with a statement.
MS. EDMONDS: Thank you so much. What I'd like to do is just summarize my statement because I'm not sure everybody had a chance to read it. But currently I serve as director of Regional Planning and Development Council. And through that organization I've had a lot of opportunity to work with institutions of higher education, in particular, I just finished serving a two year term on the Board of Visitors at Lander University. And we work very closely with the institutions in our six county region as well as a lot of others in the programs that we offer through our organization, so I've had a lot of interaction and I feel as though that in our District we have an awareness of what the issues and needs are. In particular, for students who are undecided as far as their career goal. We run a workforce improvement program. We run a lot of programs where we actually are out in the schools talking with students, and a lot of them are undecided about where their future lies, and I think we can help shape that as a Board through Francis Marion, and I would like the opportunity to have influence in an organization such as Francis Marion in an institution. Additionally, for the last few years, through our development corporation, which is a subsidiary of Upper Savannah, we have served the State of South Carolina through the Budget and Control Board as coordinating some of the programs with two of the German sister states that we have agreements with. And through that association I've worked with the University of South Carolina, Lander, Clemson, College of Charleston, a number of them in helping introduce them to international programs. I would like, there are so many schools in the two states that we're partners with that want partners, American partners, South Carolina partners, and I would like the opportunity to introduce Francis Marion to those partners as well. Particularly in the areas of research exchanges, faculty exchanges, and also student exchanges. We have a delegation, as a matter of fact, right now today in Columbia, they're from the Ministry of Sport and Interior and they're looking at ways in which they can work with athletic clubs, colleges, universities, and a number of other organizations in helping bring the activities of the sister state partnership more at a level where the general population can understand. And I hope through our opportunities that we see while we're over there and while we have visitors over here, that we can share that information with Francis Marion and thereby involve their students and their administrators in some of the advantages of working in an international environment. We also hope to work it towards entering into some specific relationships to develop contacts for research opportunities, and that's an area that I think that I can offer because we come into contact with so many of those individuals over there. And so those are the two things that I think I can offer as a Board member. And I've had the pleasure of working with the new president as well for the last many years I've been at Upper Savannah for 23 years, and for the last ten years that Dr. Carter was in his position, we've had the opportunity of working together and I feel as though we have a good relationship.
REPRESENTATIVE PHILLIPS: Thank you. Senator Bryan?
SENATOR BRYAN: Yes. This South Carolina Department of Natural Resources, Division of Land Resources, is that an advisory committee member?
MS. EDMONDS: That's an advisory.
SENATOR BRYAN: How is that appointed? I mean, that's not a ... some kind of Board is it?
MS. EDMONDS: No, it's not. The D&R ... it's an advisory committee to the D&R Board.
SENATOR BRYAN: Okay.
MS. EDMONDS: That need a council of governments representative, and so they came to the cog and they asked for us to select one person. We have a lot of contracts with D&R. For instance, we do the mapping programs for them in the region. And I'm in that position. I've had it now for four years, but that actually can fluctuate from one cog member to another. There's just a slot on there for a cog member.
SENATOR BRYAN: It's not a ...
MS. EDMONDS: Dual office holding.
SENATOR BRYAN: It's totally advisory, if you ...
MS. EDMONDS: It's totally advisory.
SENATOR BRYAN: You don't have any kind of ...
MS. EDMONDS: No.
SENATOR BRYAN: ... as far as that, getting to the dual office holding.
MS. EDMONDS: Yeah. Yeah. Total advisory.
REPRESENTATIVE PHILLIPS: And if elected to this Board, would that be sometime in the future some kind of conflict?
MS. EDMONDS: No, sir. We don't even meet regularly. I think we've had two meetings already this year and that's it. I know there's another one sometime in June. More or less our work with that organization involves coordinating the resources of the councils of governments. There's a representative from Clemson University on that Board and from other organizations from the city, from the county, and we are the voice of -- for instance, I represent the ten cogs in South Carolina on that Board. So we're more or less someone that they can call on should they have any questions about specific mapping projects.
REPRESENTATIVE PHILLIPS: Okay. Well, you've certainly got a good resume. Senator, have you got anymore questions?
SENATOR BRYAN: No.
REPRESENTATIVE PHILLIPS: Okay. Thank you, ma'am.
MS. EDMONDS: Thank you. I guess I'm free to go then?
REPRESENTATIVE PHILLIPS: Well, you can wait just a minute until Mr. Hill if you'd like.
MS. EDMONDS: Okay.
REPRESENTATIVE PHILLIPS: Mr. Joel Hill.
MR. HILL: Yes, sir.
REPRESENTATIVE PHILLIPS: Joel, will you please raise your right hand. The information that we are seeking from you here today will be the truth and nothing but the truth so help you?
MR. HILL: Yes, sir.
REPRESENTATIVE PHILLIPS: I'll ask you these questions. Do you have any health problems that would prevent you from serving if elected as in a full capacity? MR. HILL: No, sir.
REPRESENTATIVE PHILLIPS: Considering your present occupation and other activities, would it be any hinderance to serving on the Board?
MR. HILL: No, sir.
REPRESENTATIVE PHILLIPS: Do you have any interests, professionally or personally, that would be a conflict ...
MR. HILL: No, sir.
REPRESENTATIVE PHILLIPS: ... if elected? Do you now hold any public office that would conflict and cause dual office holding?
MR. HILL: No, sir.
REPRESENTATIVE PHILLIPS: All right. Go ahead with your statement, Mr. Hill.
MR. HILL: I'll just rest on the statement I made in writing.
REPRESENTATIVE PHILLIPS: All right, sir. And just give us just a minute to complete it.
MR. HILL: While you're reading, just for your information, it was filled out, I apologize for the handwritten filling out of the forms. I was involved in the High Point Furniture Market when the information actually arrived to me. And I sure appreciate Ms. Floyd's efforts to help me get everything done.
REPRESENTATIVE PHILLIPS: And you're a graduate of Francis Marion? MR. HILL: Yes, sir.
REPRESENTATIVE PHILLIPS: Senator Bryan?
SENATOR BRYAN: Just a couple of questions. You show your business address as Bannockburn, are you a salesman, is that what you do?
MR. HILL: Our corporate offices are in Chicago, and I actually live in Seneca, South Carolina.
SENATOR BRYAN: And you work out of your home?
MR. HILL: I do.
SENATOR BRYAN: And you travel a lot?
MR. HILL: I set my own travel schedule. I can travel about as extensively as I like and ...
SENATOR BRYAN: So that wouldn't be any problem with you getting ...
MR. HILL: No, sir. As a matter of fact, I've made uite an effort to get here today, so I am anxiously looking forward to have an opportunity to serve Francis Marion University again.
SENATOR BRYAN: Is Seneca your home, or?
MR. HILL: It is now. I grew up in Clemson. My father was a basketball coach at the University in the late '60s through mid-'70s. My wife works with the University. The Office of Master Planning.
REPRESENTATIVE PHILLIPS: And I have no questions. Thank you, Mr. Hill.
MR. HILL: Thank you very much.
SENATOR BRYAN: Motion for both of them for screening.
REPRESENTATIVE PHILLIPS: Yes, sir. The motion has been made to screen both of you out. I vote yes, too, and so you are welcome to start soliciting votes today or this evening, and we'll keep you informed. As of right now it looks like June the 2nd the Senate and the House will have another Joint Assembly on June the 2nd to elect the Supreme Court Justice, Chief Justice, and at that time we'll do a resolution and ask them that this be held the same day.
SENATOR BRYAN: It's Wednesday, isn't it?
REPRESENTATIVE PHILLIPS: Sir?
SENATOR BRYAN: It's Wednesday of our last week, isn't it?
REPRESENTATIVE PHILLIPS: Yes. That's the next Joint Assembly as I know of. Other than ours. And we have to give these people two weeks to, according to the law, two weeks to solicit votes from the members of the General Assembly. So thanks both of you for coming, and you're welcome now to start solicitation for this Seat.
MS. EDMONDS: Thank you.
REPRESENTATIVE PHILLIPS: Thank you.
MR. HILL: Thank you for your time.
REPRESENTATIVE PHILLIPS: Thank you, sir.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Initial Appointment, South Carolina State Commission on Higher Education, with term to commence June 30, 1998, and to expire June 30, 2000:
Private Colleges - Ex Officio:
David Shi, President, Furman University, 3300 Poinsett Highway, Greenville, S.C. 29613 VICE Joab M. Lesesne, Jr.
Referred to the Committee on Education.
Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 1998, and to expire July 27, 2001:
At-Large:
P. Keith Waring, 1962 Ashley Hall Road, Charleston, S.C. 29407 VICE Clarence Davis (resigned)
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, Greenwood County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Joe C. Cantrell, 1900 Old Abbeville Highway, Greenwood, S.C. 29649
Reappointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Donald Jeffrey Simons, 215 Willie Wilson Road, Eastover, S.C. 29044
Reappointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Clemon L. Stocker, 135 American Avenue, Hopkins, S.C. 29061
The following were received:
Document No. 2351
Agency: Department of Health and Environmental Control
SUBJECT: Individual Residential Well and Irrigation Well Permitting
Received by Lieutenant Governor January 12, 1999
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration May 11, 1999
May 6, 1999 House Agriculture, Natural Resources and Environmental Affairs Committee Requested Withdrawal
120 Day Period Tolled
May 10, 1999 Withdrawn and Resubmitted
Document No. 2360
Agency: Commission on Higher Education
SUBJECT: Legislative Incentives for Future Excellence (LIFE) Scholarship
Received by Lieutenant Governor January 14, 1999
Referred to Education Committee
Legislative Review Expiration May 31, 1999
April 28, 1999 Senate Education Committee Requested Withdrawal
120 Day Period Tolled
May 11, 1999 Withdrawn and Resubmitted
Document No. 2374
Agency: Department of Health and Environmental Control
SUBJECT: Environmental Protection Fees
Received by Lieutenant Governor February 25, 1999
Referred to Medical Affairs Committee
Legislative Review Expiration June 29, 1999
(Subject to Sine Die Revision)
May 6, 1999 Agriculture, Natural Resources and Environmental Affairs Committee Requested Withdrawal
120 Day Period Tolled
May 10, 1999 Withdrawn and Resubmitted
Document No. 2382
Agency: Department of Labor, Licensing and Regulation, Board of Cosmetology
SUBJECT: Examinations, Classifications, Licensure, Fees, Penalties
Received by Lieutenant Governor January 12, 1999
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 30, 1999
May 6, 1999 Medical, Military, Public and Municipal Affairs Committee Requested Withdrawal
120 Day Period Tolled
May 10, 1999 Withdrawn and Resubmitted
Senator LEVENTIS introduced Dr. Gene Dickerson of Sumter, S.C., Doctor of the Day.
H. 3581 (Word version) -- Reps. Cato, Cobb-Hunter, Gamble, Jennings and Scott: A BILL TO AMEND SECTION 34-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY FOR CERTAIN STATE FINANCIAL INSTITUTIONS TO ENGAGE IN SPECIFIED FINANCIAL ACTIVITY, SO AS TO PROVIDE THAT THE STATE BOARD OF FINANCIAL INSTITUTIONS MAY PERMIT A FINANCIAL ACTIVITY BY ISSUING AN OPERATIONAL INSTRUCTION IN ADDITION TO GRANTING AUTHORITY BY REGULATION, AND TO MAKE TECHNICAL CHANGES.
Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
The Bill was ordered placed on the Calendar.
H. 3620 (Word version) -- Reps. J. Smith, Allen, Bailey, Bales, Battle, Bowers, Breeland, J. Brown, T. Brown, Carnell, Cobb-Hunter, Emory, Gourdine, Harris, Hayes, M. Hines, Howard, Inabinett, Jennings, Kennedy, Lee, Lourie, Mack, Maddox, McCraw, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, Neal, Neilson, Ott, Phillips, Pinckney, Rhoad, Sheheen, Whipper, Wilder, Wilkes, Lloyd, Scott and J. Hines: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 152 SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT" WHICH INCLUDES PROVISIONS FOR EXPANDED PARENTAL AND MATERNITY CARE, ADDITIONAL NUTRITION AND HEALTH CARE FOR CHILDREN, AND INCENTIVES FOR APPROPRIATE PRESCHOOL PROGRAMS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 OF THE 1976 CODE, RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240, 43-3-120, AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES, AND EACH COUNTY BOARD AND OFFICE OF SOCIAL SERVICES, AND THE BOARD AND DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; AND TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE.
Senator SETZLER asked unanimous consent to make a motion to recall the Bill from the Committee on Education.
There was no objection.
Senator SETZLER 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.
Senator SETZLER proposed the following amendment (3620EMS1), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting:
/ TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT.
Whereas, recent research has shown that children's brains develop more rapidly and earlier than previously understood and that early stimulation of the brain increases the learning ability of a child; and
Whereas, recent research in neuroscience supports the critical importance of the early childhood years and its life-long effects on a child's development; and
Whereas, the General Assembly realizes that without proper care, nurturing, and support during the early years of life, children have difficulty learning when they enter school; and
Whereas, parents have the primary role and duty to raise, educate, and transmit values to their children, while communities can support parents as the primary caregivers and educators of their young children; and
Whereas, the members of the General Assembly recognize that improving results for children and their families can best be accomplished when state government works in partnership with communities and families to define common goals, expected results, and benchmarks for services to children and families; joins with communities and families in building the capacity to accomplish shared results; and supports local efforts through more efficient state accountability, data collection, and administrative systems. Now, therefore,
Be in enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "South Carolina First Steps to School Readiness Act".
SECTION 2. Title 59 of the 1976 Code is amended by adding:
South Carolina First Steps to School Readiness
Section 59-152-10. There is established South Carolina First Steps to School Readiness, a comprehensive, results-oriented initiative for improving early childhood development by providing, through public and private funds and support through local partnerships, high-quality early childhood development and education services for children from the prenatal development period through age five and by supporting their families' efforts toward enabling their children to reach school ready to learn.
Section 59-152-20. The purpose of the First Steps initiative is to develop, promote, and assist efforts of agencies, private providers, and public and private organizations and entities, at the state level and the community level, to collaborate and cooperate in order to focus and intensify services, assure the most efficient use of all available resources, and eliminate duplication of efforts to serve young children and their families. First Steps funds must not be used to supplant or replace any other funds being spent on services but must be used to expand, extend, improve, or increase access to services or to enable a community to begin to offer new or previously unavailable services in their community. The First Steps office, First Steps board, and the local partnerships shall assure that collaboration, the development of partnerships, and the sharing and maximizing of resources is occurring before funding for the implementation/management grants, as provided for in this chapter, is made available.
Section 59-152-30. The goals for South Carolina First Steps to School Readiness are to:
(1) increase comprehensive prenatal and maternity care so that fewer premature babies who are at increased risk for major physical, developmental, and learning problems are born to South Carolina mothers;
(2) provide services so all children receive the protection, nutrition, and health care needed to thrive at birth and in the early years so they arrive at school ready to learn;
(3) provide parents with access to the support they might seek and want to strengthen their families and to promote the optimal development of their preschool children;
(4) promote high quality and appropriate preschool programs that provide a healthy environment that will promote normal growth and development;
(5) mobilize communities to focus efforts on providing enhanced services to support families and their young children so as to enable every child to reach school healthy and ready to learn.
Section 59-152-40. The Board of Trustees for the Children's First Steps Trust Fund of South Carolina, established in Section 20-7-5020, shall oversee the South Carolina First Steps to School Readiness initiative. The staff employed pursuant to Section 20-7-5040 shall serve as the office of First Steps.
Section 59-152-50. The office of South Carolina First Steps to School Readiness shall:
(1) provide to the board information on best practice, successful strategies, model programs, and financing mechanisms;
(2) review the local partnerships' plans and budgets in order to provide technical assistance and recommendations regarding local grant proposals and improvement in meeting statewide and local goals;
(3) provide technical assistance, consultation, and support to local partnerships to facilitate their success including, but not limited to, model programs, strategic planning, leadership development, best practice, successful strategies, collaboration, financing, and evaluation;
(4) recommend to the board the applicants to be selected as First Steps partnerships and the grants to be awarded;
(5) submit an annual report to the board by November first which includes, but is not limited to, the statewide needs and resources available to meet the goals and purposes of First Steps, the ongoing progress and results of First Steps statewide and locally, fiscal information on the expenditure of funds, and recommendations and legislative proposals to further implement South Carolina First Steps statewide;
(6) provide for on-going data collection and contract for an in-depth performance audit every three years to ensure that statewide goals and requirements of First Steps are being met; and
(7) coordinate the First Steps initiative with all other state, federal, and local public and private efforts to promote good health and school readiness of young children.
Section 59-152-60. To be eligible to become a First Steps partnership, a private nonprofit corporation organized under Section 501(c)(3) of the Internal Revenue Code must be formed or expanded in a county or group of counties; however, developing partnerships which have not yet received 501(c)(3) status may qualify for grants if they have received a state charter for incorporation and meet other criteria as established by the board.
To be designated a developing partnership, an organization must have broad-based membership and meet any other requirements outlined by the First Steps board.
To be designated a First Steps partnership, the organization must:
(1) agree to coordinate a collaborative effort at the county or multi-county level which will bring the community together to identify the area needs related to the goals of First Steps to School Readiness; develop a comprehensive long-term plan for meeting those needs; and develop specific initiatives to implement the elements of the long-term plan;
(2) agree to coordinate and oversee the implementation of the partnership's initiatives, which may include such activities as direct service provision, contracting for service provision, and organization and management of volunteer programs;
(3) agree to a governing board for the partnership which is broad-based, as specified by the First Steps board and, to the extent possible within the area covered by the partnership, includes representatives from such groups as are on the First Steps board, school districts, local service agencies, and other persons with resources, skills, or knowledge that could contribute to the accomplishment of the goals of First Steps to School Readiness;
(4) implement fiscal policies and procedures as required by the First Steps office and as needed to ensure fiscal accountability;
(5) have policies and procedures for conducting meetings and disclosing records comparable to those provided for in the Freedom of Information Act; and
(6) agree to collect information and otherwise participate in the annual review and the three-year evaluation of operations and programs.
Section 59-152-70. Three levels of First Steps grants may be awarded as follows:
(1) Level One for the development of the collaborative effort and initiating a comprehensive plan;
(2) Level Two for development of the initiative and finalizing a comprehensive plan; and
(3) Level Three for implementation/management of activities and programs.
The level of grant awarded to a local partnership must be based on the readiness of the local partnership to implement the First Steps initiative. The First Steps board shall establish the criteria for qualifying for each grant level and the allocation amount for each. However, the allocations for the grants shall take into consideration the quality of the grant proposal, the population of children birth to age five contained in the area served by the partnership, the percentage of students in grades 1-3 who are eligible for the free and reduced price lunch program, and the area's ability to support the initiative.
Section 59-152-80. It is the intent of the General Assembly that First Steps be implemented as soon as local partnerships are ready to utilize the funds efficiently and effectively to improve services. To that end, for the first year of the initiative, no more than twelve Level Three implementation/management grants may be awarded; with at least one in each congressional district, if the local partnerships meet the criteria established by the First Steps board for an implementation/management grant. There are no limits to the number of Level One and Level Two grants that may be awarded; however, the First Steps board shall evaluate applicants based on their demonstrated capacity and the established criteria for each grant level.
Section 59-152-90. To obtain a grant, a First Steps partnership or developing partnership shall submit an application to the First Steps office in a format specified by the First Steps board. The application shall include, as appropriate to the level of grant applied for, a plan specifying the grant applied for, the level of funding requested, a description of need, assets, and resources based on the local needs assessment, and the proposed strategies to address the goals of South Carolina First Steps to School Readiness. Each grant may be awarded for up to three years and is renewable based upon criteria established by the First Steps board, including the results of performance audits.
Section 59-152-100. (A) To receive a Level Three implementation/management grant for First Steps to School Readiness, a First Steps partnership must develop a comprehensive, long-range plan to provide high quality early childhood development and education services. The plan must identify the needs of children and their families in the local area; determine how supports and services are to be organized and delivered; and establish interim goals for meeting the local and state goals for First Steps. In developing these plans, the First Steps partnership must be given sufficient flexibility, but they must be accountable for fiscal management, program management, and program results.
(B) All activities and services provided by a local partnership must be made available to young children and families on a voluntary basis and may include, but are not limited to:
(1) health services:
(a) prenatal and postpartum care and support;
(b) health care and early and periodic screenings, including developmental screenings and dental, vision, and hearing screenings;
(c) required immunizations;
(d) transportation services to health care;
(e) health and developmental services for children with disabilities;
(f) parent education services provided by health and education practitioners to parents of infants and young children;
(g) initiatives to reduce injuries to infants and toddlers;
(h) technical assistance and consultation for parents and child care providers on health and safety issues;
(2) education readiness:
(a) programs for building the foundations of reading and mathematics in young children;
(b) training incentives for child care and development workers;
(c) access to quality child care and development resources;
(d) technical assistance and professional development for child care and development providers;
(e) subsidized child-related services, including assistance for special needs children;
(3) family literacy and parenting:
(a) family literacy initiatives;
(b) parent education programs;
(c) other family-focused services.
Section 59-152-110. (A) Implementation/management grants provided to First Steps partnerships must be used to address the needs of young children and their families as identified in the partnerships' comprehensive plans. The funds must be used to expand, extend, or improve the quality of provided services if there is evidence as to existing programs' effectiveness, offer new or previously unavailable services in the area, or increase access to services. Grant funds may not supplant current expenditures by counties or state agencies on behalf of young children and their families and may not be used where other state or federal funding sources are available or could be made available to the geographic area covered by the partnership.
(B) A maximum of forty percent of all funds provided for local partnerships may be used to improve access to child care and development services, develop new child care services, or improve the quality of child care and development services in all settings, including in-home child care and development. However, only child care providers licensed or registered by the State may be beneficiaries or recipients of these funds.
(C) Funds for overhead costs must not exceed fifteen percent or a lesser rate as determined by the First Steps board based on audit findings.
(D) The grant may be used for capital expenses or to support activities and services for children, families, and providers. However, grant funds designated for activities and services may not be used for capital expenses unless the facilities are owned or operated by a public entity or a private nonprofit 501(c)(3) organization and the local partnership demonstrates to the satisfaction of the First Steps office that the capital expenditure is:
(1) a priority need for the local initiative and other state or federal funds for such projects are insufficient; and
(2) necessary to provide services to under-served children and families.
Funds approved for capital expenditures, as defined by the standard fiscal accountability system provided for in Section 59-152-130, may not exceed the level established by the First Steps board which must be a percent annually of the total funds for direct services applied to a local partnership's allocation.
Section 59-152-120. (A) The First Steps board, in conjunction with local partnerships and developing partnerships shall provide an annual statewide aggregate match as established by the First Steps board after consulting with business and foundation leadership. However, it shall be a goal that the statewide aggregate match be equal to ten percent of the state funds appropriated for the initiative. The First Steps board shall establish the match required of each local partnership and developing partnership and the timeframe within which the match must be provided. The match required of individual partnerships by the First Steps board should take into consideration such factors as:
(1) local wealth, using such indicators as the number and percentage of children eligible for free and reduced lunches in grades 1-3; and
(2) in-kind donated resources. Only in-kind donations, as defined by the standard fiscal accountability plan provided for in Section 59-152-130, which meet the criteria established by the First Steps board and that are quantifiable may be applied to the in-kind match requirement.
Expenses, including those paid both by cash and through in-kind contributions, incurred by other nonstate entities participating in local partnerships may be included in determining matching funds.
(B) The First Steps office shall establish guidelines and reporting formats for local partnerships to document expenses to ensure they meet matching fund requirements. The office shall compile a report annually on the private cash and in-kind contributions received by the First Steps Trust Fund and local partnerships.
Section 59-152-130. To ensure effective use of funds, awards under contract for local partnerships, with the approval of the First Steps office, may be carried forward and used in the following fiscal year. Funds appropriated to South Carolina First Steps to School Readiness may also be carried forward into subsequent years.
Section 59-152-140. (A) The First Steps office shall develop and require partnerships to adopt and implement a standard fiscal accountability system including, but not limited to, a uniform, standardized system of accounting, internal controls, payroll, fidelity bonding, chart of accounts, and contract management and monitoring. Additionally, the accountability system shall require competitive bids for the purchase or procurement of goods and services of ten thousand dollars or more. A bid other than the lowest bid may be accepted if other considerations outweigh the cost factor; however, written justification must be filed with the First Steps office. The First Steps office may contract with outside firms to develop and ensure implementation of this standard fiscal accountability system, and the First Steps office may inspect fiscal and program records of local partnerships and developing partnerships to ensure their compliance with the required system. The First Steps office may contract with a state entity with existing means for developing contracts and disbursing funds in order to make use of the existing infrastructure, if it is efficient and not administratively burdensome to partnerships.
(B) Each local partnership shall expend funds through the First Steps board or its fiscal designees until the capacity of the local partnership to manage its fiscal and administrative responsibilities in compliance with the standard accountability system has been reviewed and certified by the First Steps board or its designee.
Section 59-152-150. The First Steps board shall establish internal evaluation policies and procedures for local partnerships and developing partnerships for an annual review of the functioning of the partnership, implementation of strategies, and progress toward the interim goals and benchmarks as appropriate to the level of grant received. In instances where no progress has been made, the First Steps office shall provide targeted assistance and the First Steps board may terminate the grant. In addition, a program evaluation of the statewide and local First Steps to School Readiness must be conducted every three years by an independent, external evaluator under contract with the First Steps board; however, the selected evaluator shall be approved, and the evaluation overseen, by a committee consisting of three members, one appointed by the First Steps board, one appointed by the President Pro Tempore of the Senate, and one appointed by the Speaker of the House and these committee members must be professionally recognized as proficient in child development, early childhood education, or a closely related field. Local partnerships must agree to participate in such an evaluation in order to receive a First Steps grant. Subsequent grant approval and grant allocations must be dependent, in part, on the results of the evaluations. If an evaluation finds no progress has been made in meeting local goals or implementing strategies as agreed to in the First Steps grant, the grant must be terminated.
The purpose of the evaluation is to assess progress toward achieving the First Steps goals and to determine the impact of the initiative on children and families at the state and local levels. The impact assessment shall include, but is not limited to, school readiness measures, benefits from child development services, immunization status, low birth-weight rates, parent literacy, parental involvement, and developmental screening results. Program evaluation reports must be reported to the General Assembly no later than three months after conclusion of the evaluation. All partnerships shall cooperate fully in collecting and providing data and information for the evaluation.
During the ninth year of the First Steps initiative, the Legislative Audit Council, using the cyclical evaluations as a basis, shall review the success and effectiveness of the initiative at the state and local levels and report to the General Assembly no later than January 1, 2009."
SECTION 3. Article 17, Chapter 7, Title 20 of the 1976 Code is amended to read:
Children's First Steps Trust Fund of South Carolina
Section 20-7-5010. There is established the Children's First Steps Trust Fund of South Carolina, an eleemosynary corporation, the resources of which shall stimulate oversee the South Carolina First Steps to School Readiness initiative, a broad range of innovative child abuse and neglect prevention programs early childhood development and education, family support, health services, and prevention efforts to meet critical needs of South Carolina's children through the awarding of grants to private nonprofit organizations at the local level as provided for in Section 59-152-50. The trust fund shall may accept gifts, bequests, and grants from any person or foundation. The trust fund and grants from the fund shall supplement and augment, but not take the place of, services provided by state agencies. No state agency is eligible to receive funds under this article. The board of trustees for the trust fund shall carry out activities necessary to administer the fund including assessing service needs and gaps, soliciting proposals to address identified service needs, and establishing criteria for the awarding of grants.
Section 20-7-5020. There is created the Board of Trustees for the Children's First Steps Trust Fund of South Carolina chaired by the Governor, who shall serve as an ex officio voting member of the board, or his designee. The board is composed of:
(1) nine fifteen members appointed by the Governor with the advice and consent of the Senate and shall include representatives of the following:
(a) parents of young children;
(b) the business community;
(c) the medical community;
(d) early childhood educators;
(e) child care and development providers; and
(f) First Steps partnership chairs, to be added when the first implementation/management grants are awarded;
(2) the State Superintendent of Education or his designee, as an ex officio voting member, who shall not serve as an officer of the board; and
(3) and the following ex officio nonvoting members:
(a) the Chairman of the Senate Education Committee or his designee;
(b) the Chairman of the House Education and Public Works Committee or his designee;
(c) the Director of the Department of Social Services or his designee;
(d) the Director of the Department of Health and Environmental Control or his designee;
(e) the Director of the Department of Health and Human Services or his designee;
(f) the Director of the Department of Mental Health or his designee;
(g) the Director of the Department of Disabilities and Special Needs or his designee; and
(h) the Director of the Department of Alcohol and Other Drug Abuse Services or his designee.
The Governor shall give consideration to recommendations for appointment made by the Joint Legislative Committee on Children. Of the members appointed by the Governor, one member must be appointed from each congressional district of the State, and three members must be appointed at large for the membership must be representative of all areas and regions of the State. The terms of the members are for four years and until successors are appointed and qualify, except members appointed from even-numbered congressional districts and one at-large member must be initially shall draw lots at the first meeting of the board to stagger the terms of office and determine one-half of the members to be appointed for terms of two years only. Vacancies for any reason must be filled in the manner of the original appointment for the unexpired term. No member shall serve more than two terms or eight years, whichever is longer. Members who miss more than three consecutive meetings without excuse or members who resign must be replaced by the Governor and shall serve until a successor is appointed or until the replaced member's term expires, whichever is earlier.
Three members must be knowledgeable in banking, finance, investments, tax laws, or business. Three members must be knowledgeable in the organization and administration of volunteer community services and grant administration. Three members must be knowledgeable in child development, child health, child psychology, education, juvenile delinquency, or other related field.
Members may be paid per diem, mileage, and subsistence as established by the board not to exceed standards provided by law for boards, committees, and commissions.
A complete report of the activities of the trust fund must be made annually to the General Assembly and the State Auditor.
Section 20-7-5030. To carry out its assigned functions, the board is authorized, but not limited to:
(A)(1) assess the critical child abuse and neglect prevention needs of children in cooperation with state agencies, establish priorities, and develop goals and objectives for the Trust fund; develop the First Steps comprehensive, long-range initiative for improving early childhood development by providing, through public and private means through local projects, high-quality early childhood development and education services for children from the prenatal development period through age five and by providing support for their families;
(2) establish guidelines, policies, and procedures for implementing South Carolina First Steps to School Readiness;
(3) establish outcome measures and assess whether the services provided to children and families received through First Steps are meeting the goals and achieving the outcomes established for First Steps pursuant to Chapter 152, Title 59;
(4) assess and develop recommendations for ensuring coordination and increasing the efficiency and effectiveness of state programs and funding and other programs and funding sources, as allowable, as necessary to carry out the First Steps to School Readiness initiative, including additional fiscal strategies, redeployment of state resources, and development of new programs;
(5) establish the criteria for selection of First Steps partnerships and for the allocations for grants to the partnerships;
(6) select the First Steps partnerships and award the grants to the partnerships;
(7) provide for an information center for programs, grants, and technical assistance sources, contracting for the center and for technical assistance as needed;
(8) provide oversight on the implementation of First Steps at the state and local levels;
(9) report annually to the General Assembly by January first on activities and progress of First Steps, including recommendations for changes and legislative initiatives, and the results of the program evaluations;
(B)(10) receive gifts, bequests, and devises for deposit and investment into the trust fund and for awarding grants to private nonprofit organizations;
(C)(11) invest trust fund monies;
(D) solicit proposals for programs which will be aimed at meeting identified child abuse and neglect prevention needs;
(E) provide technical assistance to private, nonprofit organizations, when requested, in preparing proposals for submission to the Trust fund;
(F) establish criteria for awarding of grants for child abuse and neglect prevention which shall include the consideration of at least:
(1) the priority of the service need that the proposal addresses;
(2) the quality and soundness of the proposal and its probable effectiveness in accomplishing its objectives;
(3) a cost-benefit analysis of the project;
(4) the degree of community support for the proposal;
(5) the utilization of local resources including volunteers, when appropriate, and matching or in-kind contributions which may be, but are not required;
(6) the qualifications of employees to be hired under the grant;
(7) the experience of the proposed project administrators in providing on- going accountability for the program.
(G) enter into contracts for the awarding of grants to private nonprofit organizations for child abuse and neglect prevention.
Section 20-7-5040. The board of trustees Governor may employ a director of the office of South Carolina First Steps to School Readiness and other staff as necessary to carry out the South Carolina First Steps to School Readiness initiative, established in Title 59, Chapter 152, and the duties and responsibilities assigned by the board. The director, with the approval of the board, shall hire such staff as is considered necessary to carry out the provisions of the initiative.
Section 20-7-5050. Until the Assets of the trust fund exceed five million dollars, not more than seventy-five percent of the amount deposited in the Trust fund each year from contributions plus all earnings from the investment of monies of the Trust fund credited during the previous fiscal year, after allowances for operating expenses, is available for disbursement upon the authorization of the board of trustees.
When the assets in the Trust fund exceed five million dollars, all credited earnings plus all future annual deposits to the Trust fund from contributions are available for disbursement upon the authorization of the board. At least six of the board members shall authorize the disbursement of funds and any other funds received by the board from private donations or appropriations from the General Assembly are subject to the provisions of Title 59, Chapter 152.
Section 20-7-5060. Funds from the receipt of contributions pursuant to Section 12-7-2416 12-6-5060 must be deposited in the trust fund for disbursement as prescribed by this article."
SECTION 4. The 1976 Code is amended by adding:
"Section 43-1-240. The State Department of Social Services in establishing priorities and funding for programs and services which impact on children and families during the first years of a child's life, within the powers and duties granted to it, must support, as appropriate, the South Carolina First Steps to School Readiness initiative, as established in Title 59, Chapter 152, at the state and local levels."
SECTION 5. The 1976 Code is amended by adding:
"Section 44-1-280. The board and Department of Health and Environmental Control in establishing priorities and funding for programs and services which impact on children and families during the first years of a child's life, within the powers and duties granted to it, must support, as appropriate, the South Carolina First Steps to School Readiness initiative, as established in Title 59, Chapter 152, at the state and local levels."
SECTION 6. It is the intent of the General Assembly that state agencies involved in early child care and development and education and in health and support services to families with young children shall actively support the South Carolina First Steps to School Readiness initiative. In addition to those agencies answering directly to the Governor, those agencies headed by boards and commissions or constitutional officers shall use their resources to support, as appropriate, the goals of the First Steps initiative reflected in Section 59-152-20 and the long-term plans of the First Steps partnerships and to assure that relevant planning documents or processes are consistent with, and supportive of, the goals of the First Steps initiative and plans of the partnerships.
SECTION 7. Where the name of the Children's Trust Fund of South Carolina occurs in the 1976 Code or in any other provision of law, it must be construed to mean the Children's First Steps Trust Fund of South Carolina. The Code Commissioner shall change "Children's Trust Fund of South Carolina" to "Children's First Steps Trust Fund of South Carolina" in the 1976 Code as is practical and economically feasible.
SECTION 8. The provisions of Article 17, Chapter 7, Title 20 of the 1976 Code, amended in Section 3 of this act, that affect the designation of the Children's Trust Fund on state income tax forms apply to taxable years beginning after 1998.
SECTION 9. The terms of the members of the Board of Trustees of the Children's Trust Fund of South Carolina, provided for in Section 20-7-5020 of the 1976 Code prior to amendment by this act, expire on this act's effective date. Funds remaining in the Children's Trust Fund of South Carolina immediately prior to this act's effective date must be expended in accordance with the purposes provided for in Section 20-7-5010 of the 1976 Code prior to amendment by this act.
SECTION 10. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER 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.
Senator FAIR desired to be recorded as voting against the second reading of the Bill.
H. 3748 (Word version) -- Reps. Walker, Allison, Davenport, Lee, Littlejohn and D. Smith: A BILL TO AMEND SECTION 11-27-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, SO AS TO CONFORM THE TREATMENT OF A LEASE PURCHASE AGREEMENT FOR ENERGY EFFICIENCY PRODUCTS AND A GUARANTEED ENERGY SAVINGS CONTRACT IN THE CALCULATION OF THE DEBT LIMIT TO THE PROVISIONS OF THE SECTION SPECIFICALLY EXCLUDING THEM FROM THOSE TYPES OF AGREEMENTS SUBJECT TO THE DEBT LIMIT, AND TO MAKE TECHNICAL REFERENCE CHANGES.
Senator LEVENTIS asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The Bill was ordered place on the Calendar.
H. 3749 (Word version) -- Reps. Loftis and Leach: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF FEBRUARY 1, 1999, MISSED BY STUDENTS OF THE SANS SOUCI ELEMENTARY SCHOOL IN GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOL WAS CLOSED DUE TO LOSS OF HEAT IN THE BUILDINGS, IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Senator FAIR asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.
There was no objection.
The Joint Resolution was ordered placed on the Calendar.
H. 3833 (Word version) -- Rep. Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-75 SO AS TO PROVIDE FOR ELECTRONIC COLLECTION OF REVENUES BY A STATE AGENCY PURSUANT TO A CONTRACT NEGOTIATED AND ENTERED INTO BY THE STATE TREASURER ON BEHALF OF THE AGENCY.
Senator PASSAILAIGUE asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The following were introduced:
S. 801 (WORD VERSION) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JUNE 2, 1999, AS THE TIME FOR ELECTING A SUCCESSOR TO THE CHIEF JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 2004; TO ELECT A SUCCESSOR TO THE CHIEF JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2002; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2000.
Senator McCONNELL spoke on the Resolution.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 802 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION EXPRESSING THE CONCERN OF THE GENERAL ASSEMBLY THAT THE LANDMARK MURAL OF HEISMAN WINNER GEORGE ROGERS HAS BEEN DISMANTLED AND URGING THE UNIVERSITY OF SOUTH CAROLINA TO DEVELOP AN APPROPRIATELY DISTINGUISHED TRIBUTE TO THIS PROUD MOMENT IN THE STATE OF SOUTH CAROLINA'S COLLEGIATE FOOTBALL TRADITION.
The Concurrent Resolution was introduced and referred to the Committee on Education.
S. 803 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION COMMENDING MS. SHELLY HANNON OF GREENVILLE COUNTY ON HER PERFECT CAREER ACADEMIC ATTENDANCE RECORD, AND CONGRATULATING HER UPON HER GRADUATION FROM CLEMSON UNIVERSITY.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 804 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE LACEY LONG FOR BEING SOUTH CAROLINA'S REPRESENTATIVE FOR THE ELEVENTH ANNUAL RESPECTEEN NATIONAL YOUTH FORUM HELD IN WASHINGTON, D.C.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 805 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO RECOGNIZE MISS ELIZABETH ELLISON OF PICKENS COUNTY FOR HER DEDICATION TO THE EDUCATION OF OUR YOUNG PEOPLE AND HER CONTRIBUTIONS TO THE PRESERVATION OF OUR NATURAL AND CULTURAL RESOURCES, AND TO DEDICATE THE CHEROKEE FOOTHILLS VISITORS CENTER IN HER HONOR.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 806 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-70 SO AS TO LIMIT TO SIX HUNDRED THE NUMBER OF STUDENTS ON EACH PUBLIC SCHOOL CAMPUS, TO REQUIRE REPORTING WHEN ENROLLMENT REACHES FIVE HUNDRED FIFTY, AND TO AUTHORIZE THE SCHOOL DISTRICT TO ISSUE WAIVERS ON A CASE-BY-CASE BASIS.
Read the first time and referred to the Committee on Education.
S. 807 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 9-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO CHANGE THE DEFINITION OF "POLICE OFFICER" AND PROVIDE FOR RELATED MATTERS; AND TO AMEND SECTION 24-1-280, RELATING TO THE PROVISION THAT EMPLOYEES OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS QUALIFY AS "PEACE OFFICERS", SO AS TO EXTEND THIS PROVISION TO EMPLOYEES OF THE SOUTH CAROLINA DEPARTMENT OF JUVENILE JUSTICE.
Read the first time and referred to the Committee on Finance.
H. 3735 (Word version) -- Rep. Bailey: A BILL TO AMEND CHAPTER 79, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REGULATION OF BURGLAR AND FIRE ALARM SYSTEM BUSINESSES ACT, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE REGULATION OF THE ALARM SYSTEM INDUSTRY.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3810 (Word version) -- Rep. Sheheen: A BILL TO AMEND SECTION 2-15-61, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCESS OF THE LEGISLATIVE AUDIT COUNCIL TO STATE AGENCY RECORDS, SO AS TO GRANT SUBPOENA POWERS TO THE COUNCIL AND TO PROVIDE THAT THE COUNCIL'S INFORMATION REQUESTS BE SENT TO THE CHIEF ADMINISTRATIVE OFFICER OF THE AGENCY BEING EXAMINED AND THAT WILFUL NONCOMPLIANCE WITH THAT REQUEST IS MISFEASANCE IN OFFICE; TO AMEND SECTION 2-15-120, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF RECORDS OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PROVIDE THAT AUDIT WORKING PAPERS ARE CONFIDENTIAL AND NOT SUBJECT TO PUBLIC DISCLOSURE AND TO PROVIDE THAT THE GENERAL ASSEMBLY, ITS STAFF, AND OTHER ENTITIES ARE SUBJECT TO THE CONFIDENTIALITY REQUIREMENTS AND PENALTIES WHILE PERFORMING AUDIT COMPLIANCE REVIEW DUTIES.
Read the first time and referred to the Committee on Judiciary.
H. 3865 (Word version) -- Reps. Cato, Mason, Cobb-Hunter, Knotts, Scott, Trotter, Cooper, Allison, Breeland, G. Brown, H. Brown, J. Brown, Davenport, Emory, Fleming, Harrison, Kelley, Kirsh, Klauber, Lanford, Lee, Littlejohn, Martin, M. McLeod, Meacham, Miller, Neilson, Rhoad, Riser, Robinson, Sandifer, Sharpe, R. Smith, Stille, Stuart, Townsend, Tripp, Walker, Whipper, Witherspoon, Simrill and Harvin: A BILL TO AMEND SECTIONS 34-26-300, 34-26-310, 34-26-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMATION OF CREDIT UNIONS AND PERSONS WHO ARE ELIGIBLE TO BE MEMBERS THEREOF SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO MAY FORM A CREDIT UNION AND WHO MAY BE MEMBERS OF A CREDIT UNION; AND TO AMEND SECTION 34-26-860, AS AMENDED, RELATING TO LOANS MADE BY CREDIT UNIONS SECURED BY REAL ESTATE SO AS TO ADD VACATION HOMES TO THE AUTHORIZED LIST OF HOMES ON WHICH SECURED LOANS MAY BE MADE.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3908 (Word version) -- Rep. Bailey: A BILL TO AMEND CHAPTER 29, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS ADMINISTERED UNDER THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF MANUFACTURED HOME MANUFACTURERS, RETAIL DEALERS, SALES PERSONS, CONTRACTORS, INSTALLERS, AND REPAIRERS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3928 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO PROVIDE THAT THOSE POWERS INCLUDE THE OFFERING OF AN OUT-OF-NETWORK COVERAGE UNDER A POINT OF SERVICE OPTION, AND PROVIDE FOR THE PROMULGATION OF REGULATIONS; AND TO AMEND SECTION 38-33-80, AS AMENDED, RELATING TO THE PROVISION THAT EVERY ENROLLEE IN A HEALTH MAINTENANCE ORGANIZATION IS ENTITLED TO EVIDENCE OF COVERAGE, SO AS TO PROVIDE THAT FOR A POINT OF SERVICE OPTION OFFERED JOINTLY BY A HEALTH MAINTENANCE ORGANIZATION AND AN INSURER, ONLY ONE EVIDENCE OF COVERAGE IS REQUIRED.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4064 (Word version) -- Reps. Allen and Maddox: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO T. L. HANNA HIGH SCHOOL OF ANDERSON COUNTY UPON WINNING THE PRESTIGIOUS 1998-1999 CAROLINA FIRST PALMETTO'S FINEST AWARD IN RECOGNITION OF BEING SELECTED AS THE "BEST HIGH SCHOOL IN THE STATE".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4065 (Word version) -- Rep. J. Smith: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING ST. ANDREWS MIDDLE SCHOOL FOR BEING ONE OF FIFTY NORTH AMERICAN SCHOOLS SELECTED AS A GRAND PRIZE WINNER OF THE 1999 DAIMLER CHRYSLER AWARD OF EXCELLENCE AND TO CONGRATULATE NATHANIEL P. WINGARD, CHOSEN TO REPRESENT THE SCHOOL ON THE GRAND PRIZE TOUR OF WASHINGTON, D.C. AND GERMANY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4081 (Word version) -- Rep. W. McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE NEWBERRY ACADEMY VARSITY BOYS BASKETBALL TEAM FOR WINNING THE 1998-99 SOUTH CAROLINA INDEPENDENT SCHOOLS' ASSOCIATION CLASS AA BASKETBALL CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR OUTSTANDING SEASON AND RECORD OF TWENTY-NINE WINS AND FIVE LOSSES.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
S. 238 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 50-11-355, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING DEER NEAR A RESIDENCE, SO AS TO ALSO PROHIBIT HUNTING WITHIN THREE HUNDRED YARDS OF A SCHOOL.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
S. 450 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 50-13-1180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS REGARDING TROTLINES, SO AS TO REQUIRE THAT TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE MUST, IN ADDITION TO OTHER REQUIREMENTS, BE CAPABLE OF BEING PASSED THROUGH A THREE-INCH LONG CYLINDER WITH A ONE-HALF INCH INSIDE DIAMETER, AND TO AMEND SECTION 50-13-1192, RELATING TO NONGAME FISHING DEVICES, SO AS TO RESTRICT FROM TWO TO ONE THOUSAND THE NUMBER OF TROTLINE HOOKS THAT MAY BE USED WITH A COMMERCIAL FISHING LICENSE AND TO REQUIRE THAT THESE HOOKS BE CAPABLE OF BEING PASSED THROUGH A THREE-INCH CYLINDER WITH AN INSIDE DIAMETER OF ONE-HALF INCH.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out S. 789 favorable:
S. 789 (Word version) -- Senator Courtney: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 26, 1999, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR MEMBER TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 3, SO AS TO FILL THE TERM WHICH BEGINS JULY 1, 1999.
AYES
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Corrections and Penology polled out H. 3181 with no report:
H. 3181 (Word version) -- Reps. Klauber and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-27-125 SO AS TO PROVIDE THAT A PRISONER SHALL NOT INITIATE A CIVIL ACTION OR APPEAL A JUDGMENT UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 24-27-160 SO AS TO PROVIDE THAT A COMPLAINT FILED BY A PRISONER MUST CONTAIN HIS INMATE NUMBER; BY ADDING SECTION 24-27-131 SO AS TO PROVIDE THAT A COURT MAY DISMISS CERTAIN CIVIL ACTIONS AGAINST A WITNESS OR VICTIM WHEN A PRISONER FAILS TO PAY CERTAIN FILING FEES AND COURT COSTS; TO AMEND SECTION 24-27-200, RELATING TO FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO REVISE THE TYPE OF CASES IN WHICH A PRISONER SHALL FORFEIT ALL OR PART OF HIS WORK, EDUCATION, OR GOOD CONDUCT CREDITS; AND TO AMEND SECTION 24-27-300, RELATING TO HOLDING A PRISONER IN CONTEMPT OF COURT, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A PRISONER MAY BE HELD IN CONTEMPT OF COURT AND TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS AND THE INSURANCE RESERVE FUND SHALL MAINTAIN A DATA BASE OF PRISONERS WHO FILE CIVIL ACTIONS.
AYES
Bryan Giese Glover Gregory Ryberg Hayes Fair Waldrep Martin Mescher Grooms Washington Thomas
Patterson
Wilson Anderson
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3493 favorable:
H. 3493 (Word version) -- Rep. McGee: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 18, 1999.
AYES
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3762 favorable:
H. 3762 (Word version) -- Reps. Gamble and McCraw: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON THURSDAY, JUNE 17, 1999, AND FRIDAY, JUNE 18, 1999.
AYES
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
H. 3960 (Word version) -- Reps. Barfield, Rhoad and Witherspoon: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT THAT MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO PROVIDE THAT LIVE NONGAME FISH AND BREAM MAY BE USED WITH SINGLE-BARBED SET HOOKS, INCLUDING ON TROTLINES HAVING NOT MORE THAN TWENTY HOOKS, THAT HAVE A SHANK-TO-POINT GAP OF ONE AND THREE-SIXTEENTHS INCHES OR GREATER.
Ordered for consideration tomorrow.
S. 798 (Word version) -- Senators Holland and Giese: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARY HAMILTON LOSTETTER OF LUGOFF, A MATH TEACHER AT LUGOFF-ELGIN HIGH SCHOOL, UPON BEING NAMED SOUTH CAROLINA'S TEACHER OF THE YEAR FOR THE 1999-2000 SCHOOL YEAR.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 709 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-185, SO AS TO MAKE IT UNLAWFUL TO INTENTIONALLY LEAVE AN ESTABLISHMENT WITHOUT MAKING PAYMENT FOR GASOLINE THAT IS DISPENSED INTO A MOTOR VEHICLE; AND BY ADDING SECTION 56-1-292, SO AS TO PROVIDE FOR THE SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE FOR VIOLATIONS OF SECTION 16-13-185.
S. 792 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PERSONS REQUIRED TO HOLD A TEACHING LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2385, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 793 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT TEACHING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2389, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 794 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR INITIAL LICENSURE AT THE ADVANCED LEVEL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2404, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 795 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2403, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 796 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TYPES OF LEVELS OF CREDENTIAL CLASSIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2395, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 753 (Word version) -- Senators Martin and Giese: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF WILDLIFE MANAGEMENT AREAS AND LAND OWNED BY THE DEPARTMENT INCLUDING, BUT NOT LIMITED TO, HIKING, ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING, CAMPING, HORSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, AND GATHERING PLANTS, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator McCONNELL proposed the following amendment (753R001.GFM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/ SECTION 1. Section 50-11-2200 of the 1976 Code, as last amended by Act 372 of 1996, is further amended to read:
"Section 50-11-2200. (A) Subject to available funding, the department shall acquire sufficient wildlife habitat through lease or purchase or otherwise to establish wildlife management areas for the protection, propagation, and promotion of fish and wildlife and for public hunting and fishing. The department may not have under lease at any one time more than one million, six hundred thousand acres in the wildlife management area program. The department may not pay more than fair market value for the lease of lands in the area. The department may not lease land for the program which, during the preceding twenty-four months, was held under a private hunting lease. However, this restriction does not apply:
(1) if the former lessee executes a voluntary consent to the proposed wildlife management area lease;
(2) if the lessor cancels the lease; or
(3) to any lands which, during the twenty-four months before June 5, 1986, were in the game management area program. The department may establish open and closed seasons, bag limits, and methods for hunting and taking wildlife on all wildlife management areas.
(B) The department may promulgate regulations to establish open and closed seasons, bag limits, and methods for hunting and taking wildlife on all wildlife management areas, and for the protection, preservation, operation, maintenance, and use of wildlife management areas and land owned by the department.
(C) The following acts or conduct are prohibited and shall be unlawful on all wildlife management areas and land owned by the department; provided, however, the department may promulgate regulations allowing any of the acts or conduct by prescribing acceptable times, locations, means, and other appropriate restrictions not inconsistent with the protection, preservation, operation, maintenance, and use of such lands:
(1) hunting or taking wildlife or fish during closed season;
(2) exceeding bag or creel limits;
(3) hunting or taking wildlife;
(4) hiking;
(5) rock climbing;
(6) operation of motorized and nonmotorized vehicles;
(7) swimming;
(8) camping;
(9) horse riding;
(10) operation of boats;
(11) possession of pets;
(12) gathering plants;
(13) use of fire, except by the department for management purposes;
(14) polluting or contaminating any water;
(15) acting in a disorderly manner or creating any noise which would result in annoyance to others;
(16) operating or using audio device, including radio, television, musical instruments, or any other noise producing devices, such as electrical generators, and equipment driven by motor engines, in such a manner and at such times as to disturb other persons and no person shall operate or use any public address system.
(D) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or be imprisoned for not more than thirty days, or both."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
H. 3783 (Word version) -- Rep. Ott: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME ZONES, SO AS TO MOVE CALHOUN COUNTY FROM GAME ZONE THREE TO SIX.
H. 3909 (Word version) -- Reps. Lucas and Neilson: A BILL TO REPEAL SECTION 50-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TAKING OF CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON.
H. 3951 (Word version) -- Reps. Harris, Jennings, Carnell, H. Brown and Law: A BILL TO AMEND SECTION 61-4-580, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS IN AN ESTABLISHMENT LICENSED TO SELL BEER OR WINE, SO AS TO EXEMPT FROM THE PROHIBITION ON GAMBLING OR GAMES OF CHANCE PROMOTIONAL GAMES CONDUCTED IN CONNECTION WITH THE SALE OR PROMOTION OF A CONSUMER PRODUCT OR SERVICE IN WHICH NO ENTRY FEE OR PURCHASE IS REQUIRED OF A PARTICIPANT AND THIS NO FEE OR PURCHASE REQUIREMENT IS CLEARLY DISCLOSED.
Senator COURTNEY explained the Bill.
The following Bills and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:
S. 116 (Word version) -- Senators Mescher and Grooms: A BILL TO AMEND ARTICLE 1, CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-237 SO AS TO ESTABLISH LIMITS ON BLACK BASS TAKEN FROM LAKES MARION AND MOULTRIE AND IN CERTAIN PORTIONS OF THE SANTEE RIVER; AND BY AMENDING SECTION 50-13-210, AS AMENDED, RELATING TO DAILY CREEL LIMITS ON FISH, SO AS TO CONFORM IT WITH LIMITS ON BLACK BASS FROM LAKES MARION AND MOULTRIE AND IN CERTAIN PORTIONS OF THE SANTEE RIVER.
Senator PEELER explained the Bill.
S. 671 (Word version) -- Senator Peeler: A JOINT RESOLUTION TO APPROVE THE MISSION STATEMENT OF THE DEPARTMENT OF NATURAL RESOURCES SUBMITTED TO THE GENERAL ASSEMBLY PURSUANT TO SECTION 1-30-10 OF THE 1976 CODE.
Senator PEELER explained the Joint Resolution.
S. 702 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 50-11-440 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITON ON THE USE OF BAIT TO LURE BEARS, SO AS TO REVISE THIS SECTION TO PROHIBIT FEEDING OR ENTICING WITH FOOD ANY BLACK BEAR, TO PROVIDE EXCEPTIONS TO THE PROHIBITION, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
H. 3643 (Word version) -- Reps. Sandifer and Barrett: A BILL TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING BY ADDING ARTICLE 10 RELATING TO MOTORBOATS ON TUGALO LAKE SO AS TO PROVIDE THAT, WITH CERTAIN EXCEPTIONS, NO MOTOR IN EXCESS OF TWENTY HORSEPOWER SHALL BE USED ON ANY VESSEL OPERATED ON TUGALO LAKE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
H. 4018 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION DESIGNATING MAY 2, 1999, AS "SARAH ANN POTEE OWENS STATE PRAYER DAY", IN RECOGNITION OF MRS. SARAH ANN POTEE OWENS' EFFORTS TO ESTABLISH A SPECIAL DAY OF PRAYER TO ADDRESS OUR NATION'S CRIME PROBLEM.
The Concurrent Resolution was adopted, ordered returned to the House.
Having received a favorable report from the Greenwood County Delegation, the following appointment was confirmed in open session:
Reappointment, Greenwood County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Joe C. Cantrell, 1900 Old Abbeville Highway, Greenwood, S.C. 29649
Having received a favorable report from the Richland County Delegation, the following appointments were confirmed in open session:
Reappointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Donald Jeffrey Simons, 215 Willie Wilson Road, Eastover, S.C. 29044
Reappointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Clemon L. Stocker, 135 American Avenue, Hopkins, S.C. 29061
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Thomas Harold Windsor, Sr. of Irmo, S.C.
At 12:52 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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