Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 380, Jan. 25 | Printed Page 400, Jan. 26 |

Printed Page 390 . . . . . Thursday, January 26, 1995

Thursday, January 26, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, the "New English Bible" rendering of Psalm 25 gives us a fresh translation (vv.4-5):

"Make Thy paths known to me, O Lord;

Teach me Thy ways.

Lead me in Thy truth and teach me;

Thou art my Saviour.

For Thee I have waited all the day long,

For the coming of Thy goodness, Lord."
Let us pray.

Dear Lord, we have made promises to many people! Help us to keep those promises... if we can!

Daily, transform us from the kind of people the world would make of us into the kind of people that can truly be called THE PEOPLE OF GOD in our day!

As we take up the Calendar for today, we pray with the Psalmist:

"TEACH ME THY WAYS."

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

January 12, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley


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Statewide Appointment

Initial Appointment, Member, South Carolina State Ports Authority, with term to commence February 13, 1989, and to expire February 13, 1996:

At-Large:

Mr. Gayle O. Averyt, Post Office Box 1365, Columbia, S.C. 29202 VICE Robert V. Royall, Jr. (resigned)

Referred to the Committee on Transportation.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 1823
Promulgated by Department of Health and Environmental Control
Hazardous Waste Management Regulations
Received by Lt. Governor January 24, 1995
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 24, 1995

Doctor of the Day

Senator McGILL introduced Dr. Anna K. Hopla of Kingstree, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator WILLIAMS, at 11:00 A.M., Senator SALEEBY was granted a leave of absence for today.

Leave of Absence

On motion of Senator MOORE, at 11:00 A.M., Senator SHORT was granted a leave of absence for today.

Message from the House

Columbia, S.C., January 24, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 537, S. 1040 by a vote of 112 to 0:


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(R537) S. 1040 -- Senator Bryan: AN ACT TO AMEND SECTION 2-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY, AND DELETE TWO EX OFFICIO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE LIEUTENANT GOVERNOR; TO AMEND SECTION 2-15-20 RELATING TO THE COMPOSITION OF THE NOMINATING COMMITTEE CHOSEN TO PRESENT NOMINEES TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO DECREASE FROM SEVEN TO SIX THE NUMBER OF MEMBERS AND THE MANNER THE MEMBERS ARE CHOSEN, AND PROVIDE THE PROCEDURE FOR FILLING VACANCIES; TO AMEND SECTION 1-27-10 RELATING TO SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, SO AS TO MAKE THE COMMISSION A PART OF THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-27-60, RELATING TO THE FUNDING OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION RECOMMEND AN ANNUAL BUDGET AND APPROPRIATION REQUEST TO THE BUDGET AND CONTROL BOARD.
Very respectfully,
Speaker of the House

Received as information.

Senator COURSON from the Committee on Invitations stated that pursuant to the provisions of Rule 36, three-fourths of the membership of the Invitations Committee have voted affirmatively and submitted a favorable report on:

Privilege of the Chamber and Floor

Senator J. VERNE SMITH's written request that on Thursday, February 2, 1995, the 1994 State Championship Greer High School Football Team be granted the Privilege of the Chamber, to that area behind the rail, and that Coach Holcombe be granted the Privilege of the Floor for the purpose of receiving a Resolution.


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In compliance with Senate Rule 36, up to 13 persons will be behind the rail in the Senate Chamber and the remainder will be recognized from the balcony.

The report was adopted without objection.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 418 -- Senator McConnell: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES WHEREBY A SURVIVING SPOUSE OF A DECEASED DISABLED VETERAN QUALIFIES FOR THE EXEMPTION ALLOWED FOR THE DWELLING HOUSE OF SUCH A VETERAN OR HIS SURVIVING SPOUSE.

Read the first time and referred to the Committee on Finance.

S. 419 -- Senator Rose: A BILL TO AMEND SECTION 58-31-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC POWER PROVIDED BY THE PUBLIC SERVICE AUTHORITY, SO AS TO AUTHORIZE SERVICE TO ANY LOAD WITHIN A CERTAIN SERVICE TERRITORY.

Read the first time and referred to the Committee on Judiciary.

S. 420 -- Senator Ford: A BILL TO AMEND SECTION 8-13-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTERING INTO CONTRACTS FOR GOODS AND SERVICES BY MEMBERS OF THE GENERAL ASSEMBLY WITH AGENCIES, COMMISSIONS, BOARDS, DEPARTMENTS, OR OTHER ENTITIES FUNDED BY GENERAL FUNDS OR OTHER FUNDS, SO AS TO PROVIDE THAT SUCH CONTRACTS SHALL NOT BE PERMITTED IF THEY ARE IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS IN THE AGGREGATE FOR A FISCAL YEAR, AND TO PROVIDE THAT ANY MEMBER ENTERED INTO A CONTRACT FOR GOODS AND SERVICES ON THE EFFECTIVE DATE OF THIS ENACTMENT SHALL TERMINATE THE CONTRACT OR RESIGN HIS SEAT WITHIN FOURTEEN DAYS AFTER THE EFFECTIVE DATE, SUBJECT TO CERTAIN EXCEPTIONS.

Read the first time and referred to the Committee on Judiciary.


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S. 421 -- Senator Rose: A BILL TO AMEND SECTIONS 4-20-20 AND 4-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO PROVIDE THAT THE REFERENDUM TO CREATE A DISTRICT BE HELD IN A SPECIAL ELECTION AND THAT THE COUNTY COUNCIL SHALL APPOINT MEMBERS TO THE COMMISSION IN ACCORDANCE WITH ANY AGREEMENT EXISTING BETWEEN SUCH COUNTY AND A MUNICIPALITY.

Read the first time and referred to the Committee on Judiciary.

S. 422 -- Senator Setzler: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF DECEMBER 15 AND 16, 1994, MISSED BY THE STUDENTS OF BUSBEE MIDDLE SCHOOL OF LEXINGTON COUNTY SCHOOL DISTRICT TWO IN LEXINGTON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO AIR QUALITY PROBLEMS ARE EXEMPTED 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.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

S. 422--Ordered to a Second and Third Reading

On motion of Senator SETZLER, S. 422 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 423 -- Senator Setzler: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE TEACHING PROFESSION AND TO IDENTIFY THE NECESSARY STEPS TO ATTRACT, PREPARE, AND IMPROVE TEACHERS AND ENHANCE THEIR PROFESSIONAL TRAINING, EVALUATION, AND DEVELOPMENT, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND TO PROVIDE FOR THE STAFF SUPPORT FOR THE COMMITTEE AND THE SOURCE OF ITS FUNDING.

Whereas, our democracy and the economic well-being of South Carolina are dependent on the education of our citizens, and the continuing improvement of public education is vital to our state's future; and

Whereas, the General Assembly recognizes that excellent teachers are the most critical factor in high quality schools; and


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Whereas, specific questions relating to certification, pay, and tenure frequently have been addressed in law, but insufficient policy attention has been given to the full system of teacher preparation, development, and evaluation; and

Whereas, teachers must acquire the knowledge and intellectual skills needed to prepare our students to reach high standards in the twenty-first century; and

Whereas, education reform will succeed when significant attention is given to reforming the undergraduate education of future teachers, and when strong links are enhanced between colleges and the public schools; and

Whereas, colleges and universities are deeply involved in reexamining ways to strengthen and enhance teacher education programs and increase services to public schools; and

Whereas, the significance of teacher preparation and professional development must not be overstated as to their impact on the individual student's learning and the improvement of our education system. It is the intent of the General Assembly in adopting this resolution for the Commission on Higher Education and the State Board of Education, as well as the institutions of higher education and the public schools, to collaborate in the reform of preparatory programs for new teachers and the professional development of certified teachers so that all teachers shall be prepared to support and enhance school restructuring. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That a committee is created to study the teaching profession by identifying the necessary steps to attract, prepare, and improve teaching talent in classrooms and enhance professional development and evaluation of teachers in the pre-service and in-service areas. The committee shall identify best practices and current research which promote simultaneous renewal of teacher education, professional development, and school restructuring. Furthermore, the committee shall investigate what currently is provided to South Carolina students who are training to enter the teaching profession and compare this to the best practices being provided to students in other states where teacher reform efforts are also underway.

Be it further resolved that in all deliberations of the issues listed below, the committee, at a minimum, shall consider ways to:

(1) provide incentives and remove barriers to teacher education reform;

(2) develop funding mechanisms which foster quality teacher education and serve as a vehicle for stimulating institutional change and participation;


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(3) monitor the teacher preparation system as a whole and the individual programs; and

(4) conduct an ongoing examination of the teacher evaluation and professional development system.

Be it further resolved that the committee also is to study issues relating to the preparation, recruitment, induction, and professional development of those individuals entering the teaching profession and those who are a part of the profession. At a minimum, the committee may study areas that impact on student learning such as:

(A) Teacher preparation to include:

(1) reviewing pre-service training which provides both the pedagogical and academic content necessary for effective teaching, and which increases the types and number of clinical experiences;

(2) reviewing teacher skills, teaching performance and the teacher knowledge base expected of all candidates receiving a state teaching license;

(3) integrating teacher education reform with kindergarten through grade twelve reform by fostering close relationships between higher education and the public schools, such as Professional Development Schools models; and

(4) furthering the involvement of the full range of academic content disciplines.

(B) Recruitment and induction into the profession to include:

(1) examining ways to recruit quality candidates into the teaching profession both at precertification and postcertification levels through aggressive outreach programs;

(2) enhancing the quality and diversity of candidates into the teaching profession;

(3) examining strategies for linking supply-demand planning and teacher education programs;

(4) developing an induction process that reenforces quality teaching and assists new teachers as they enter the profession;

(5) considering differentiation between licensure and certification which involves considering the development of advanced certification; and

(6) examining alternative routes to traditional training for teaching for those wishing to choose the teaching profession as a second career.

(C) Professional development to include:

(1) examining the process for reenforcing teacher strengths and addressing weaknesses and tying the process to continuing professional development;


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(2) strengthening the procedures, process, and delivery system of professional development so that it is relevant to the individual and reinforces the reforms underway in the schools; and

(3) developing options for faculty reward systems, both higher education and public education, which encourage integration of the teacher preparation and professional development training;

(4) ensuring the faculty who train teachers continue renewing their skills and knowledge base and model the behaviors expected in quality teaching.

Be it further resolved that the committee shall consist of thirty-six members appointed as provided herein. The Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the chairman of the Senate Education Committee, and the chairman of the House Education and Public Works Committee shall each appoint three members of the committee. At least one of the members appointed by the Speaker of the House, chairman of the Senate Education Committee, and chairman of the House Education and Public Works Committee must be a member of the General Assembly. The chairman shall be a member of the General Assembly elected by the committee. The State Superintendent of Education and the Commissioner of Higher Education shall each appoint two members to the committee.

The Chairman of the Business-Education Subcommittee, the chairman of the South Carolina Council on Education Collaboration, the policy board of the South Carolina Center for Teacher Recruitment, and the steering committee of the South Carolina Center for the Advancement of Teaching and School Leadership shall each appoint one board member to the committee. The Commissioner of Higher Education shall appoint the following members to the committee:

(1) a dean of a state-supported school or college of education;

(2) one member appointed upon recommendation of the Council of College Presidents;

(3) one member appointed upon recommendation of the deans of the schools of education involved in the Goodlad Project;

(4) one member appointed upon the recommendation of the South Carolina Association of Teacher Educators and the South Carolina Association of Colleges of Teacher Education; and

(5) a South Carolina Professor of the Year.

The remaining members of the committee shall be appointed by the State Superintendent of Education from the following professional groups:

(1) one member appointed upon recommendation of the State Teacher Forum;


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(2) one principal of a public high school of this State appointed upon recommendation of the Secondary School Principals Association;

(3) one principal of a public elementary school of this State appointed upon recommendation of the Elementary School Principals Association;

(4) one middle school principal appointed upon recommendation of the Middle Schools Principals Association;

(5) one superintendent of a school district of this State appointed upon recommendation of the South Carolina Superintendents Association;

(6) one member appointed upon recommendation of the South Carolina Association of Early Childhood Educators;

(7) one member appointed upon recommendation of the South Carolina Education Association; and

(8) one member appointed upon recommendation of the Palmetto State Teachers Association.

A staff analysis team shall provide support for the committee. This team shall include the research directors of the Senate Education Committee and the House Education and Public Works Committee, and a staff designee of the Commissioner of Higher Education and of the State Superintendent of Education. Other college and state officials or employees and representative teacher groups also shall provide help to the committee and the staff analysis team as is requested.

Upon adoption of this resolution, the staff analysis team shall meet and develop a strategy to secure the appointments for this committee. Forty-five days after this resolution is adopted, the staff analysis team shall poll the appointees made by that date to determine a suitable meeting date. Upon completion of the poll, a date to have the first meeting to organize the committee must be set. Individuals or organizations which have not made or recommended appointments by that date shall be reminded of the need to make their appointments or recommendations and apprised of the first meeting date.

Of the funds allocated to the Education Improvement Act Select Committee for the evaluation of education programs and policies, up to eighty-five thousand dollars may be expended for the studies and work of the committee.

The committee shall seek the assistance of the Southern Regional Education Board, Education Commission of the States and other nationally recognized groups involved in teacher education and preparation in their study and deliberations of the most promising and effective options for South Carolina. The committee shall also review the most effective practices currently underway in South Carolina's teacher training institutions and public schools. In its discretion, the committee may


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contract with independent entities for any evaluations or studies deemed appropriate by the committee to carry out its role as prescribed herein.

Be it further resolved that by December 15, 1995, the committee shall issue its first interim report of any findings and any policy or funding changes that need to be initiated as a first phase to redesign the education and related systems or to help further carry out this study. By June 15, 1996, the committee shall issue its second interim report proposing the next phase of needed changes, and by December 15, 1996, it shall issue its final report. The Select Committee and the South Carolina Council for Education Collaboration are responsible for monitoring the implementation of the committee's recommendations. To assist in the implementation of this resolution, the committee may create such advisory committees and subcommittees of its membership as it considers necessary. All reports of this committee shall be submitted to the House Education and Public Works Committee, the Senate Education Committee, the EIA Select Committee, the South Carolina Council for Education Collaboration, and the Business-Education Subcommittee.

Referred to the Committee on Education.

H. 3354 -- Reps. Askins, Hines, McKay, Harwell and Limbaugh: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. MARION S. FOWLER, SR., OF LAKE CITY, ONE OF SOUTH CAROLINA'S MOST ACKNOWLEDGED EXPERTS ON TOBACCO AND TOBACCO MARKETING, UPON HIS DEATH.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3355 -- Reps. Harvin and Govan: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO WILLIAM JEROME (JERRY) MCCORD FOR HIS OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA AS DIRECTOR OF THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, AND EXTENDING BEST WISHES TO HIM IN HIS FUTURE ENDEAVORS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3356 -- Reps. Harvin, G. Brown, Canty, McElveen, Neal and J. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE E.B. (MAC) MCLEOD OF SUMTER COUNTY FOR HIS EIGHT YEARS OF OUTSTANDING AND DEDICATED SERVICE


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AS A MEMBER OF THE GENERAL ASSEMBLY AND WISHING HIM HAPPINESS IN ALL OF HIS ENDEAVORS.


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