Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 7290, May 25 | Printed Page 7310, May 25 |

Printed Page 7300 . . . . . Wednesday, May 25, 1994

(a) implement the rigorous academic changes and changes to vocational education programs as directed by the State Board of Education pursuant to Section 4;
(b) develop plans for elimination of the general track by school year 1996-97; and

(c) implement career exploration and counseling pursuant to Section 4 by school year 1996-97.

Districts must report steps taken to integrate these changes in the annual updates of the comprehensive five-year plans mandated by the Early Childhood Development and Academic Assistance Act of 1993.

SECTION 6. Notwithstanding any other provision of law, the stipulated completion dates required in SECTION 5 of this act may be extended by one year upon approval from the State Board of Education. Districts requesting such a waiver must outline how the extension will improve the planning and implementation of this act.

SECTION 7. (A) In establishing a school-to-work system, the State Board of Education shall provide for professional development in applied techniques and integration of curriculum, professional development in career guidance for teachers and guidance counselors, and training for mentors.

(B) The school-to-work system required by this act as established by the State Board of Education shall include a program of accountability of student progress to ensure quality which shall include a survey of Tech Prep graduates in order to obtain such information as the rate of hire, starting wages or salaries, wages or salary rates five years after graduation, and additional education pursued.

SECTION 8. (A) As a part of the school-to-work system, the South Carolina Employment Security Commission shall work with the Department of Education, the State Board for Technical and Comprehensive Education, and the Commission on Higher Education to assist in the planning and promotion of the school-to-work opportunities by:

(1) identifying potential employers to participate in the work-based learning programs sponsored under this act;

(2) serving as a contact point for employers seeking information on school- to-work activities;

(3) providing labor market information relative to supply and demand, and non-traditional jobs for women; and

(4) promoting increased career awareness and career counseling through the management and promotion of the South Carolina Occupational Information System (SCOIS).


Printed Page 7301 . . . . . Wednesday, May 25, 1994

(B) The South Carolina Employment Security Commission will provide the link between employers in South Carolina and youth seeking employment.

SECTION 9. (A) The South Carolina School-To-Work Advisory Council appointed by the Governor representing a broad-based coalition of business and industry and including representatives of the State Department of Education, Employment Security Commission, the Commission on Higher Education, State Board for Technical and Comprehensive Education, the South Carolina Chamber of Commerce, the Urban League, Tech Prep Consortia, the State Transition Coordinator for People with Disabilities, and local school districts shall convene no later than July 1, 1994, to guide, encourage, and facilitate actions which enable the school-to-work system to be implemented. The role of the advisory council is to work with the State Board of Education to:

(1) provide input to shape the development and scope of a statewide initiative;

(2) help promote the school-to-work system to key employers and education leaders across the State and encourage active participation of employers across the State; and

(3) identify and recognize exemplary programs and practices and help disseminate general information to interested parties across the State.

The School-To-Work Advisory Council shall report to the House Education and Public Works and the Senate Education Committees by January 1, 1996, as to the progress made in establishing the school-to-work system, difficulties encountered, and any actions required by the General Assembly to ensure success of the system. No state funds shall be expended to support the Advisory Council and the Council shall terminate on December 1, 1999.

(B) Because of the need to link education and labor in the planning and delivery of youth apprenticeship programs and with increasing emphasis on partnerships between labor and education in pending federal school-to-work legislation, the State Department of Education with the South Carolina Employment Security Commission are jointly responsible for implementing the school-to-work transition system.

(C) The school-to-work system established by this act shall be coordinated with the South Carolina's Job Training Partnership Act (JTPA) delivery system at both the state and local levels. This coordination may include staff directors of JTPA service delivery areas and Private Industry Council (PIC) chairmen participating in ongoing state, regional, and local advisory committees. The Director of the Employment Security Commission with the State Superintendent of


Printed Page 7302 . . . . . Wednesday, May 25, 1994

Education shall establish an ongoing statewide advisory committee with representation from the agencies designated in subsection (A) and public and private entities involved in the development of South Carolina's work force. The committee shall be charged with the overall coordination activities of a school-to-work plan and the liaison function with other public and private agencies to monitor participation of employers and cooperation of all parties involved. Regional coordination of the plan shall become a function of the sixteen Tech Prep consortium hubs established pursuant to the current Tech Prep system, and these Tech Prep consortium hubs also shall serve as the region advisory committees. Each school district board of trustees shall establish local advisory committees to address unique employment needs of their areas.

SECTION 10. (A) The State Board for Technical and Comprehensive Education in conjunction with the State Board of Education shall develop measures for articulation of high school courses to post-secondary technical institutions including procedures to enable qualified students to achieve advanced standing in technical college programs.

(B) Beginning with the 1995-96 school year, completion of applied academic courses in mathematics, science, and communications skills shall fulfill high school course prerequisite requirements as equivalent to precollege curriculum requirements for applicants to four-year post-secondary institutions, unless by December 1, 1994, a four-year post-secondary institution reports its reasons for not accepting those courses to the House Education and Public Works Committee and the Senate Education Committee. School districts must certify that the applied academic courses offered are equivalent to the precollege curriculum requirements.

(C) The State Board for Technical and Comprehensive Education and the Council of College Presidents, or their designees, through the Commission on Higher Education, shall clarify and strengthen articulation agreements between associate degree programs and baccalaureate degree programs.

(D) Actions taken related to all articulation measures must be reported to the School-To-Work Advisory Council no later than July 1, 1995.

(E) Four-year institutions having teacher education programs must offer courses to equip potential teachers and guidance counselors with skills necessary to integrate career guidance and career planning. These institutions must also train potential teachers in how to use applied methodologies for academic courses. Changes in course offering and


Printed Page 7303 . . . . . Wednesday, May 25, 1994

course curriculum shall be reported to the School-To-Work Advisory Council no later than July 1, 1995.

SECTION 11. Representatives from the Department of Commerce, the Department of Revenue and Taxation, Workers' Compensation Commission, the Department of Insurance, and the Department of Labor, Licensing and Regulation shall be convened by the Department of Commerce to conduct a feasibility study and make recommendations regarding tax credits for work-based programs, maximizing government and private funding spent on education, and issues related to workers' compensation, insurance and liability as each relates to the school-to-work system. Within six months after the effective date of this act, findings from the study and recommendations must be made to the School-To-Work Advisory Council, the House Ways and Means Committee, the House Education and Public Works Committee, the Senate Education Committee, and the Senate Finance Committee.

SECTION 12. Representatives from the Department of Education, the Tech Prep Consortia, local school districts, and businesses involved in mentoring and work-site learning shall be convened by the Department of Education no later than March 1, 1996, for a review to include the following: transportation, staff for the transition system at the district level, training for staff and volunteers, textbook changes, and other issues related to the establishment of the School-to-Work Transition system. No later than October 1, 1996, the results of this review shall be given to the School-To-Work Advisory Council, the House Ways and Means Committee, the House Education and Public Works Committee, Senate Finance Committee, and the Senate Education Committee.

SECTION 13. The requirements of this act do not apply to private schools or to home schools.

SECTION 14. Students who perform work at a nonschool location pursuant to an apprenticeship or mentoring program under the provisions of this act must have the written permission of their parents or legal guardians in order to engage in such work experiences.

SECTION 15. When the Department of Education or a school district eliminates the general track or implements Tech Prep, appropriate textbooks and instructional materials must be approved by the appropriate authority and must be made available to the district.


Printed Page 7304 . . . . . Wednesday, May 25, 1994

SECTION 16. This act takes effect upon approval by the Governor./

Renumbered sections to conform.

Amend title to conform.

/s/Nikki G. Setzler/s/Joseph T. McElveen, Jr.
/s/Robert W. Hayes, Jr./s/Ronald P. Townsend
/s/Maggie W. Glover, /s/Margaret J. Gamble,

On Part of the Senate.On Part of the House.

Rep. McELVEEN explained the Conference Report.

SPEAKER PRO TEMPORE IN CHAIR

Rep. McELVEEN continued speaking.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ELECTION OF AN ASSOCIATE JUSTICE OF THE SUPREME

COURT, A FAMILY COURT JUDGE, EIGHTH JUDICIAL

CIRCUIT, SEAT 1, A FAMILY COURT JUDGE, ELEVENTH

JUDICIAL CIRCUIT, SEAT 3, A FAMILY COURT JUDGE,

SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, THREE

ADMINISTRATIVE LAW JUDGES, SEATS 4, 5 AND 6 AND

TWO MEMBERS OF THE CONSUMER AFFAIRS COMMISSION

The Reading Clerk of the House read the following Concurrent Resolution:

S. 1410 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 25, 1994, AS THE TIME TO ELECT AN ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM AS AN ASSOCIATE JUSTICE OF THE HONORABLE ERNEST A. FINNEY, JR., UPON HIS ELECTION AS CHIEF JUSTICE OF THE SOUTH CAROLINA


Printed Page 7305 . . . . . Wednesday, May 25, 1994

SUPREME COURT, TO ELECT A FAMILY COURT JUDGE FROM THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM OF THE HONORABLE WILLIAM J. CRAINE, JR., WHOSE TERM EXPIRES JUNE 30, 1995, TO ELECT A FAMILY COURT JUDGE FROM THE ELEVENTH JUDICIAL CIRCUIT, SEAT 3, TO FILL THE UNEXPIRED TERM OF THE HONORABLE MARC H. WESTBROOK, WHOSE TERM EXPIRES JUNE 30, 1995, TO ELECT A FAMILY COURT JUDGE FROM THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM OF THE HONORABLE DAVID N. WILBURN, JR., WHOSE TERM EXPIRES JUNE 30, 1998, TO ELECT A JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 4, TO SERVE FOR A FIVE-YEAR TERM TO BEGIN FEBRUARY 1, 1995, TO ELECT A JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, TO SERVE FOR A THREE-YEAR TERM TO BEGIN FEBRUARY 1, 1995, AND TO ELECT A JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 6, TO SERVE FOR A ONE-YEAR TERM TO BEGIN FEBRUARY 1, 1995.

The President recognized Rep. HODGES, Chairman of the Joint Judicial Screening Committee.

Rep. HODGES requested that all letters from candidates who had withdrawn from the judicial elections be printed in the Journal as each respective election occurred.

ELECTION OF A FAMILY COURT JUDGE,

EIGHTH JUDICIAL CIRCUIT, SEAT 1

The President announced that nominations were in order for a Family Court Judge, Eighth Judicial Circuit, Seat 1.

Rep. HODGES stated that the following candidate had been screened and found qualified: Wyatt T. Saunders, Jr.

Rep. STODDARD nominated Mr. Wyatt T. Saunders, Jr. as follows:

"Mr. Speaker, fellow members of the Joint Assembly...I will be brief, but it is indeed rare that a member is offered the opportunity to nominate such an eminently qualified local counselor for a vacancy on our bench. It is regrettable that his wife, Holly, could not be here today, but she is on the West Coast where her brother is receiving a kidney transplant. However, we do have his three lovely daughters with him, Laura, Lilly and Leigh with their father, his mother and stepfather, Gladys and Mr. Rice. Mr. Speaker, without further delay, I nominate Wyatt T. Saunders,


Printed Page 7306 . . . . . Wednesday, May 25, 1994

Jr. for the First Seat in the Eighth Circuit and move that nominations come to a close."

On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable Wyatt T. Saunders, Jr. was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE,

ELEVENTH JUDICIAL CIRCUIT, SEAT 3

The President announced that nominations were in order for a Family Court Judge, Eleventh Judicial Circuit, Seat 3.

Rep. HODGES stated that the following candidates had been screened and found qualified: Richard W. Chewning, III and Douglas K. Kotti.

Rep. HODGES stated that the following candidate had withdrawn his name from consideration: Douglas K. Kotti.

Senator Setzler nominated Mr. Richard W. Chewning, III as follows:

"Ladies and gentlemen of the Senate and House...I'm going to be brief this morning with regards to this, but on behalf of Richard W. Chewning, III, I would like to say to each of you thank you for your warm welcome that you have given to him, to the openness for which you have received him and to you for your commitments to him on behalf of this race. On a personal note, I would like to thank each of you for your commitment and for your friendship. To Richard, we say to you from Danny, Melody, Joe and myself, who are the people who know you best as a lawyer, we wish you well and we know that you will make us proud. This is a one year term, an unexpired term, so he will be back in the lobby to see each of you next year. Mr. President, I move that the nominations be closed and Richard W. Chewning, III be elected by acclamation."

Rep. HARVIN seconded the nomination of Richard W. Chewning, III.

On motion of Senator Setzler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable Richard W. Chewning, III was duly elected for the term prescribed by law.


Printed Page 7307 . . . . . Wednesday, May 25, 1994

DOUGLAS K. KOTTI

May 24, 1994 HAND-DELIVERED
Joint Legislative Committee
For Judicial Screening
c/o Ms. Barbara N. Satterwhite
211 Gressette Building
Columbia, South Carolina 29202

RE: Eleventh Judicial Circuit Family Court, Seat #3

Dear Members of the Committee:

After ponderous consideration of all the circumstances surrounding this judicial election, particularly the preliminary vote counts, I have reluctantly decided to withdraw at this time from seeking election to seat three of the Eleventh Judicial Circuit Family Court.

Thank you all for your courtesy and assistance. Your staff, especially Ms. Satterwhite, has been very helpful, accommodating and cooperative throughout this procedure. They serve this Committee and the judicial selection process very well. Congratulations to Richard Chewning, who has been a friend for many years. I trust that he will serve very ably and with distinction as a Family Court Judge.

Imbued with the same spirit of public service as you, I fully intend to seek election to the Family Court with the next available opportunity. Thank you all again for your consideration and civility in my instance and for your dedicated service to our State.

With kindest regards, I am
Very truly yours,
Douglas K. Kotti

Statement of Douglas K. Kotti

May 25, 1994
Mr. President of the Senate, Mr. Speaker of the House and members of the General Assembly:

Thank you all very much for your kind cooperation, courtesy and consideration during my recent campaign for Family Court Judge. Even though I withdrew from the race before the election, I have been honored with the attention and consideration rendered by members of the General Assembly to my record and candidacy. It has been a privilege to seek this position.


Printed Page 7308 . . . . . Wednesday, May 25, 1994

I congratulate my friend Richard Chewning upon his election here today. He will serve as Family Court Judge with fairness, with common sense and with distinction. I look forward to appearing in his court and working with him in finding solutions to many of the challenges facing our Family Court system.

Like you, I am imbued with a strong sense of public service. Having dedicated my entire professional career to the study and practice of family law, I can best serve the public by one day becoming a Family Court judge. Therefore, I fully intend to seek election to the Family Court should a vacancy arise for which I am eligible.

Thank you again for your consideration and civility in my instance and for your dedicated service to our State.

Respectfully,
Douglas K. Kotti

ELECTION OF A FAMILY COURT JUDGE,

SIXTEENTH JUDICIAL CIRCUIT, SEAT 1

The President announced that nominations were in order for a Family Court Judge, Sixteenth Judicial Circuit, Seat 1.

Rep. HODGES stated that the following candidates had been screened and found qualified: Thomas C. Dillard, J. S. Flynn and Robert E. Guess.

Rep. HODGES stated that the following candidates had withdrawn their names from consideration: Thomas C. Dillard and Robert E. Guess.

On motion of Rep. FARR, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable J. S. Flynn was duly elected for the term prescribed by law.


Printed Page 7309 . . . . . Wednesday, May 25, 1994

THOMAS C. DILLARD

May 24, 1994
The Honorable James Hodges
Chairman, Joint Legislative Screening Committee
Blatt Office Building
Columbia, South Carolina 29211

Re: 16th Circuit Family Court, Seat #1

Dear Representative Hodges:

I am by this letter formally withdrawing my candidacy for the above position.

It has been a pleasure getting to know various members of the Legislature and to appreciate their work on behalf of the people of South Carolina.

With kind regards, I remain

Yours very truly,
Thomas C. Dillard

ROBERT E. GUESS

May 23, 1994
The Honorable James H. Hodges, Chairman
Joint Legislative Committee for Judicial Screening
P.O. Box 142
Columbia, South Carolina 29202

Dear Representative Hodges:

This is to notify the Joint Legislative Committee for Judicial Screening that I am withdrawing as a candidate for election to Seat 1 of the Family Court for the Sixteenth Judicial Circuit.

Please remove my name from the list of candidates to be considered for election on May 25, 1994.

Thank you for your assistance.

Sincerely,
Robert E. Guess

ELECTION OF AN ADMINISTRATIVE LAW JUDGE, SEAT 4

The President announced that nominations were in order for an Administrative Law Judge, Seat 4.


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