South Carolina General Assembly
113th Session, 1999-2000
Journal of the House of Representatives


Printed Page 3129 . . . . . Wednesday, April 19, 2000

Wednesday, April 19, 2000
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

Our Father God, Who has watched over us in all our yesterdays, in You is our assurance for today and our hope for tomorrow. We are grateful for these moments of prayer which invite us to look up to You. As we travel the path of daily duty, we often fail to look far enough and so become entangled in the binding wilderness of this world. Teach us then, we pray, to lift our eyes unto the hills from whence comes our help. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. J. HINES moved that when the House adjourns, it adjourn in memory of Edena Sarah Watford Fields of Lamar, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., April 18, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators MCCONNELL, LEVENTIS and PASSAILAIGUE of the Committee of Conference on the part of the Senate on H. 3782:

H. 3782 (Word version) -- Reps. Campsen, Barfield, Barrett, Beck, Bowers, Cato, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrell, Harris, Harrison, Haskins, Klauber, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Maddox, M. McLeod,


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W. McLeod, Meacham-Richardson, Miller, J. H. Neal, Quinn, Rice, Robinson, Sandifer, Sheheen, Simrill, D. Smith, J. Smith, Stille, Stuart, Taylor, Vaughn, Whatley, Whipper and Woodrum: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION INCENTIVES ACT" BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3515 SO AS TO ALLOW AN INCOME TAX CREDIT EQUAL TO TWENTY-FIVE PERCENT OF THE VALUE OF A FEDERAL INCOME TAX CHARITABLE DEDUCTION FOR A QUALIFIED CONSERVATION CONTRIBUTION OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE, TO PROVIDE A CAP ON THIS CREDIT, TO DEFINE THE LANDS OVER WHICH THESE EASEMENTS APPLY WHICH ARE ELIGIBLE FOR THESE CREDITS, TO PROVIDE A CARRY FORWARD OF UNUSED CREDIT AND MAKE THE UNUSED CREDIT TRANSFERABLE UPON NOTICE TO THE DEPARTMENT OF REVENUE WITH THE CREDIT RETAINING ALL ITS ATTRIBUTES IN THE HANDS OF THE TRANSFEREE, AND TO PROVIDE DEFINITIONS; AND BY ADDING ARTICLE 11 IN CHAPTER 3 OF TITLE 50, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO ESTABLISH THE CONSERVATION GRANT FUND IN THE STATE TREASURY, TO PROVIDE FOR THE PURPOSE, GOVERNANCE, AND SOURCE OF FUNDS FOR THIS FUND INCLUDING THE PROMOTION OF DONATIONS OF CONSERVATION EASEMENTS AND AUTHORIZING THE FUND TO MAKE GRANTS IN FURTHERANCE OF THIS PURPOSE, NOT INCLUDING GRANTS TO PURCHASE ANY INTEREST IN REAL PROPERTY; AND TO AMEND SECTION 62-3-715, AS AMENDED, RELATING TO THE TRANSACTION AUTHORIZED FOR PERSONAL REPRESENTATIVES UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO AUTHORIZE A PERSONAL REPRESENTATIVE OR TRUSTEE, AS APPLICABLE, WITH THE CONSENT OF ALL AFFECTED PARTIES TO MAKE A DONATION OF A QUALIFIED CONSERVATION EASEMENT TO OBTAIN A FEDERAL ESTATE TAX AND STATE INCOME TAX CREDIT BENEFIT, AND TO PROVIDE FOR THE METHOD TO

Printed Page 3131 . . . . . Wednesday, April 19, 2000

OBTAIN THE CONSENT OF PERSONS OTHERWISE UNABLE TO GIVE SUCH CONSENT.

Very respectfully,
President
Received as information.

REPORTS OF STANDING COMMITTEES

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

H. 4881 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-5-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP TRAWLS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HAVE ON BOARD OR TO TRAWL WITH ANY TRAWL HAVING A TOTAL FOOT ROPE LENGTH GREATER THAN TWO HUNDRED TWENTY FEET, TO PROVIDE FOR CERTAIN EXCEPTIONS, AND TO PROVIDE ADDITIONAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS SECTION.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 4864 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-5-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHAD BY HOOK AND LINE AND TO SET LIMITS ON THE NUMBER OF SHAD TAKEN, SO AS TO MAKE THE SECTION APPLICABLE TO TAKING SHAD BY CAST NET AND TO REDUCE THE AGGREGATE NUMBER OF SHAD TAKEN FROM TWENTY TO TEN IN ANY ONE DAY.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

H. 4861 (Word version) -- Rep. Sheheen: A BILL TO AMEND SECTION 6-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZING GOVERNMENTAL ENTITIES TO ENTER INTO CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES FOR


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THE COLLECTION, DISPOSAL, AND TREATMENT OF SEWAGE, AND TO AMEND SECTION 44-55-1410, RELATING TO AUTHORIZING COUNTIES TO OPERATE WATER AND SEWER FACILITIES, IN BOTH, SO AS TO PROVIDE THAT A CONTRACT SHALL NOT CONTAIN A PROVISION PROVIDING THAT MORE THAN TEN PERCENT OF THE SEWAGE TREATED BY THE SEWER FACILITIES MAY BE GENERATED FROM OUTSIDE THE BOUNDARIES OF THE STATE.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 4781 (Word version) -- Rep. W. McLeod: A BILL TO AMEND CHAPTER 23, TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION; TO EXPAND THE NUMBER OF WELL DRILLER LICENSE TYPES FROM ONE TO FOUR LEVELS, OR "CLASSES", AND TO ORGANIZE SUCH LICENSES INTO THREE WELL CONSTRUCTION CATEGORIES: ROCK, COASTAL, AND ENVIRONMENTAL WELLS; TO PROVIDE FOR BONDING REQUIREMENTS FOR THE PRACTICE OF WELL DRILLING; TO ELIMINATE THE REQUIREMENT FOR A PERCOLATION TEST TECHNICIAN LICENSEE; TO PROVIDE FOR ISSUANCE OF ADMINISTRATIVE CITATIONS FOR BOTH UNLICENSED PRACTICE AND PROFESSIONAL MISCONDUCT OF LICENSEES; TO PROHIBIT COLLECTION ACTIONS BY PERSONS DRILLING WELLS WITHOUT A LICENSE AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION TO PLAINTIFFS TO RECOVER PAYMENTS MADE FOR WELL DRILLING PERFORMED WITHOUT A LICENSE; TO EXPAND UPON AND CLARIFY THE GROUNDS FOR SANCTIONABLE MISCONDUCT OF LICENSEES; TO REQUIRE TEMPORARY AUTOMATIC SUSPENSION OF A LICENSEE UPON CONVICTION OF CERTAIN SPECIFIED CRIMES; TO CLARIFY THAT THE BOARD'S JURISDICTION OVER MISCONDUCT OF LICENSEES


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INCLUDES PRELICENSURE MISCONDUCT AND ACTIONS DURING LICENSURE BUT PROSECUTED AFTER A LICENSE BECOMES INACTIVE; TO CLARIFY THE PRIVILEGES AND IMMUNITIES OF WITNESSES, INVESTIGATORS, THE BOARD, AND OTHERS INVOLVED IN DISCIPLINARY ACTIONS; TO PROVIDE FOR CONFIDENTIALITY OF INVESTIGATIONS AND COMPLAINANT INFORMATION; TO MODIFY THE EXISTING RECIPROCITY POWERS OF THE BOARD TO PERMIT CASE BY CASE ASSESSMENT OF INDIVIDUAL APPLICANTS SEEKING LICENSURE BASED ON LICENSURE IN FOREIGN JURISDICTIONS; TO EXPRESSLY REQUIRE LIBERAL INTERPRETATION OF THE PRACTICE ACT IN FAVOR OF ENVIRONMENTAL PROTECTION; TO ADD CLARIFYING DEFINITIONS; AND TO MODIFY THE CURRENT DEFINITION OF WELL TO INCLUDE ANY EXCAVATION MADE FOR THE PURPOSE OF ENVIRONMENTAL OR GEOLOGIC INVESTIGATION THAT IS REASONABLY LIKELY TO PENETRATE THE WATER TABLE.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

H. 4685 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 40-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REVISE THE DEFINITION OF "OPERATOR" AND TO ADD DEFINITIONS RELATIVE TO PUBLIC WATER SYSTEMS; TO AMEND SECTION 40-23-80, AS AMENDED, RELATING TO APPLICATIONS, RENEWAL, AND FEES FOR VARIOUS WATER SYSTEM TECHNICIANS AND OPERATORS, SO AS TO REQUIRE WELL DRILLER APPLICANTS TO POST A SURETY BOND; BY ADDING SECTION 40-23-230 SO AS TO PROVIDE PROCEDURES FOR LICENSE ISSUANCE AND RENEWAL AND PROVISIONS FOR ISSUING CERTAIN CURRENT LICENSEES A LICENSE UNDER REVISIONS TO THIS CHAPTER; BY ADDING SECTION 40-23-280 SO AS TO PROVIDE REQUIREMENTS FOR SURETY BONDS; AND BY ADDING SECTIONS 40-23-300, 40-23-305 AND 40-23-310 SO AS TO ESTABLISH CERTIFICATION CLASSIFICATIONS AND LICENSING REQUIREMENTS FOR


Printed Page 3134 . . . . . Wednesday, April 19, 2000

PUBLIC WATER TREATMENT FACILITY OPERATORS AND PUBLIC WATER DISTRIBUTION SYSTEM FACILITY OPERATORS, AND TO REQUIRE LICENSURE CLASSIFICATION BASED ON THE TREATMENT PLANT WHERE THE PERSON IS EMPLOYED, ALL OF THE ABOVE PROVISIONS NECESSARY TO CONFORM TO FEDERAL MANDATES FOR LICENSING WATER DISTRIBUTION OPERATORS.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

S. 1129 (Word version) -- Senators Leventis, Hutto, Courson, Waldrep, Moore, Hayes, Ravenel, Bryan, McConnell, Grooms, Richardson, Passailaigue and Matthews: A BILL TO ENACT THE "ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, SO AS TO PROVIDE A STATUTORY BASIS FOR SOUTH CAROLINA'S MEMBERSHIP IN THE ATLANTIC LOW-LEVEL RADIOACTIVE WASTE COMPACT; TO SPECIFY CONDITIONS PRECEDENT TO SOUTH CAROLINA'S MEMBERSHIP; TO AUTHORIZE AND DIRECT PROCEDURES AND POLICIES NECESSARY TO ACHIEVE STATE OBJECTIVES WITH RESPECT TO THE COMPACT, INCLUDING STATE APPROVAL OF DISPOSAL RATES AND PROCEDURES FOR IDENTIFYING ALLOWABLE OPERATING COSTS SO AS TO DETERMINE REVENUES DUE TO THE STATE FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; TO PROVIDE DIRECTIVES FOR APPOINTING THE STATE'S COMMISSIONERS TO THE COMPACT COMMISSION AND GUIDING THE COMMISSIONERS ON STATE POLICIES; AND TO INCORPORATE BY REFERENCE THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO AMEND SECTION 13-7-30, AS AMENDED, RELATING TO VARIOUS DUTIES OF THE BUDGET AND CONTROL BOARD INCLUDING DUTIES PERTAINING TO ASSESSMENTS, SURCHARGES, AND PENALTY CHARGES ON NONSITED WASTE RECEIVED AT THE REGIONAL DISPOSAL


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FACILITY SO AS TO DELETE THESE PROVISIONS; TO PROVIDE FOR INTERIM DISPOSAL RATES OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED AT ANY REGIONAL FACILITY IN THIS STATE; AND TO REPEAL CHAPTER 48, TITLE 48 RELATING TO THE MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

S. 1130 (Word version) -- Senator Leventis: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION BY COUNTIES OF DOGS AND OTHER DOMESTIC PETS, SO AS TO, AMONG OTHER THINGS, MAKE THE ARTICLE SPECIFICALLY APPLICABLE TO CATS, PROVIDE FOR IMPOUNDING AND ADOPTION OF ANIMALS, INCREASE THE MAXIMUM PENALTY FOR VIOLATING SECTION 47-3-50, PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, PROVIDE THAT WHENEVER AN ANIMAL SHELTER ACCEPTS OR COMES INTO POSSESSION OF A DOG OR CAT, THE SHELTER IMMEDIATELY AND THOROUGHLY MUST SCAN THE ANIMAL FOR ANY IMPLANTED MICROCHIP, OR SIMILAR DEVICE, WHICH PROVIDES EVIDENCE OF OWNERSHIP AND, UPON FINDING THIS DEVICE, IMMEDIATELY MAKE A GOOD FAITH EFFORT TO CONTACT THE IDENTIFIED OWNER, AND PROVIDE FOR RELATED MATTERS; AND TO AMEND ARTICLE 7, CHAPTER 3 OF TITLE 47, RELATING TO ANIMAL EUTHANASIA, SO AS TO AMONG OTHER THINGS, REVISE THE PROVISIONS OF LAW REGARDING THE ALLOWABLE METHODS OF EUTHANASIA AND AUTHORIZE A CERTIFIED EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES TO ADMINISTER EUTHANASIA, INCREASE THE MAXIMUM PENALTIES FOR VIOLATIONS OF THIS ARTICLE, AND AUTHORIZE THE ATTORNEY GENERAL TO BRING AN ACTION TO ENJOIN A VIOLATION OF THIS ARTICLE.
Ordered for consideration tomorrow.


Printed Page 3136 . . . . . Wednesday, April 19, 2000

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

S. 320 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 50-13-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON, SO AS TO PROVIDE THAT IT IS ALSO UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN SPECIFIED PORTIONS OF LAKE WYLIE AND THE SAVANNAH RIVER SUBJECT TO THE JURISDICTION OF THE STATE OF SOUTH CAROLINA.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3344 (Word version) -- Reps. Sharpe and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-91 SO AS TO PROHIBIT HUNTING ON, SHOOTING FROM, INTO, OR ACROSS THE RIGHT-OF-WAY OF A PRIMARY PAVED ROAD, TO PROVIDE FOR THE MANNER IN WHICH LAW ENFORCEMENT OFFICERS MAY CHARGE A PERSON FOR A VIOLATION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 50-11-760, AS AMENDED, RELATING TO HUNTING FROM PUBLIC ROADS AND RAILROAD RIGHTS-OF-WAY, SO AS TO DELETE PROVISIONS RELATING TO HUNTING FROM PUBLIC ROADS AND INCREASE THE PENALTY FOR HUNTING FROM A RAILROAD RIGHT-OF-WAY.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

H. 4769 (Word version) -- Reps. Cato, Allison, Bailey, Bales, Barfield, G. Brown, H. Brown, Chellis, Cooper, Easterday, Edge, Emory, Fleming, Gamble, Harrison, Haskins, Kelley, Kirsh, Klauber, Knotts, Lanford, Limehouse, Lourie, Lucas, Maddox, McKay, Robinson, Rodgers, Sandifer, Simrill, F. Smith, J. Smith, Stuart, Tripp, Trotter, Webb,


Printed Page 3137 . . . . . Wednesday, April 19, 2000

Whatley, Wilder and Wilkes: A BILL TO AMEND CHAPTER 58, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF MORTGAGE LOAN BROKERS SO AS TO PLACE THIS BOARD UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF INDIVIDUALS AS MORTGAGE LOAN BROKERS.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

S. 571 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 40-2-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF TITLES, DESIGNATIONS, AND ABBREVIATIONS RELATIVE TO CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO AUTHORIZE ENROLLED AGENTS OR ACTUARIES PRACTICING BEFORE THE INTERNAL REVENUE SERVICE TO USE THE ABBREVIATION "EA"; AND TO AMEND SECTIONS 40-2-40, 40-2-55, 40-2-190, AND 40-2-560 SO AS TO CONFORM CERTAIN REQUIREMENTS FOR REGISTRATION, CERTIFICATION, LICENSURE, CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE FOR PUBLIC ACCOUNTANTS AND ACCOUNTING PRACTITIONERS TO THOSE REQUIREMENTS FOR CERTIFIED PUBLIC ACCOUNTANTS.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

S. 1268 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO ENDORSE THE RECOMMENDATIONS OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC) AND AMERICAN ACADEMY OF PEDIATRICS (AAP) FOR HEALTH


Printed Page 3138 . . . . . Wednesday, April 19, 2000

CARE PROFESSIONALS REGARDING THE BEST PRACTICES FOR THE JUDICIOUS USE OF ANTIBIOTICS.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

S. 985 (Word version) -- Senators Waldrep and Hayes: A BILL TO AMEND SECTION 40-43-82, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT AN INDIVIDUAL WHO SERVES AS A PHARMACY TECHNICIAN AT A FREE CLINIC UNDER THE DIRECT SUPERVISION OF A LICENSED PHARMACIST IS NOT REQUIRED TO REGISTER OR TO PAY A REGISTRATION FEE.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 4782 (Word version) -- Reps. Canty, Howard and J. H. Neal: A BILL TO AMEND SECTION 40-19-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE CERTAIN DEFINITIONS AND TO DEFINE "RETAIL SALES OUTLET" AND "OWNER"; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR DISCIPLINARY ACTION, SO AS TO INCLUDE AN UNLICENSED PERSON ENGAGING IN THE PRACTICE OF FUNERAL SERVICE AS A GROUND FOR DISCIPLINE; TO AMEND SECTION 40-19-230, RELATING TO REQUIREMENTS FOR LICENSURE AS AN EMBALMER AND A FUNERAL DIRECTOR, SO AS TO CHANGE THE EXAMINATION REQUIRED FOR AN EMBALMER, TO DELETE THE PROVISIONS RELATING TO OBTAINING LICENSURE IF LICENSED IN ANOTHER STATE, AND TO CHANGE LICENSE RENEWAL FROM ANNUAL TO BIENNIAL RENEWAL; TO ADD SECTION 40-19-235 SO AS TO PROVIDE LICENSURE PROCEDURES FOR OUT-OF-STATE LICENSEES; TO AMEND SECTION 40-19-250, RELATING TO


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CONTINUING EDUCATION REQUIREMENTS, SO AS TO REVISE THESE REQUIREMENTS TO CONFORM TO BIENNIAL LICENSURE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH REQUIREMENTS FOR OBTAINING FUNERAL HOME, BRANCH FUNERAL HOME, RETAIL SALES OUTLET, AND CREMATORY PERMITS; TO AMEND SECTION 40-19-270, RELATING TO ADDITIONAL PERMIT REQUIREMENTS, SO AS TO IMPOSE THESE REQUIREMENTS ON RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280 RELATING TO ACTIVITIES FUNERAL DIRECTORS AND EMBALMERS ARE PROHIBITED FROM ENGAGING IN, SO AS TO APPLY CERTAIN PROHIBITIONS TO CREMATORIES AND RETAIL SALES OUTLETS; AND TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION, SERVICES, AND FEES OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO APPLY CERTAIN PROVISIONS TO CREMATORIES AND RETAIL SALES OUTLETS.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 4752 (Word version) -- Reps. J. Brown, Cobb-Hunter, Wilkins, Cotty, McCraw, Edge, Hayes, Fleming, Phillips, Lourie, Allen, Askins, Bailey, Barfield, Battle, Bowers, Breeland, G. Brown, T. Brown, Canty, Carnell, Cato, Chellis, Dantzler, Emory, Frye, Gamble, Gilham, Gourdine, Harris, Hawkins, J. Hines, M. Hines, Hinson, Hosey, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Klauber, Koon, Law, Limehouse, Lloyd, Mack, Martin, W. McLeod, McMahand, Moody-Lawrence, J. H. Neal, Ott, Parks, Riser, Rodgers, Rutherford, Seithel, Sharpe, Simrill, R. Smith, Stille, Stuart, Taylor, Wilder and Young-Brickell: A BILL TO AMEND SECTION 40-33-950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INACTIVE LICENSE STATUS FOR NURSES, SO AS TO CREATE A VOLUNTEER LICENSE FOR RETIRED NURSES TO USE IN DONATING THEIR SERVICES TO CHARITABLE ORGANIZATIONS.
Ordered for consideration tomorrow.


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Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 4691 (Word version) -- Reps. Jennings, Harrison, Altman and Knotts: A BILL TO AMEND SECTION 24-21-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CLARIFY THAT A PROBATION AGENT HAS THE POWER AND AUTHORITY TO ENFORCE THE CRIMINAL LAWS OF THE STATE.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 4713 (Word version) -- Reps. Jennings, Harrison, Altman, Knotts and F. Smith: A BILL TO AMEND SECTION 23-6-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE LAW ENFORCEMENT TRAINING ADVISORY COUNCIL, SO AS TO ADD AS A MEMBER THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4677 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION ON JULY 1, 2000, WITH NINE INSTEAD OF SEVEN MEMBERS, TO HAVE FOUR MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE PUBLIC DEFENDERS ASSOCIATION AND FIVE MEMBERS APPOINTED BY THE GOVERNOR FROM THE GENERAL MEMBERSHIP OF ATTORNEYS LICENSED TO PRACTICE LAW IN THIS STATE, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2000.
Ordered for consideration tomorrow.


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Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4003 (Word version) -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon and Young-Brickell: A BILL TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, THE ATTORNEY GENERAL AND OTHER LAW ENFORCEMENT AGENCIES; TO AUTHORIZE THE TRANSMISSION OF RECORDS OF ADJUDICATION AND PENDING CRIMINAL CASES TO A SCHOOL OFFICIAL IF THE JUVENILE IS OR MAY BE A STUDENT AT THE SCHOOL; TO AUTHORIZE FINGERPRINTING OF A JUVENILE CHARGED WITH AN OFFENSE OTHER THAN A STATUS OFFENSE; AND TO AUTHORIZE SHARING OF CERTAIN INFORMATION BETWEEN THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, AND LAW ENFORCEMENT AGENCIES AND VARIOUS HUMAN SERVICES AGENCIES.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 4460 (Word version) -- Rep. McGee: A BILL TO AMEND SECTION 27-39-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF RENT BY DISTRESS PROCEEDINGS AND THE PROPERTY EXEMPT, FROM DISTRESS, SO AS TO INCLUDE AS EXEMPT PROPERTY THAT WHICH IS OWNED BY A THIRD PARTY FOR WHICH THE MAGISTRATE FINDS OWNERSHIP WAS NOT TRANSFERRED FROM THE TENANT


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TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT; AND TO AMEND SECTION 27-39-250, RELATING TO THE PROPERTY OF OTHERS ON THE RENTED PREMISES, SO AS TO REQUIRE THE MAGISTRATE TO CONDUCT A HEARING CONCERNING THE OWNERSHIP OF THE PROPERTY OF A THIRD PARTY AND IF THE MAGISTRATE FINDS THE PROPERTY WAS TRANSFERRED TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT, THEN THE DISTRAINED PROPERTY OF THE THIRD PARTY IS SUBJECT TO SALE.
Ordered for consideration tomorrow.

Rep. HARRISON for the Committee on Judiciary, submitted a favorable report with amendments.
Rep. F. SMITH for the minority, submitted an unfavorable report on:

H. 4494 (Word version) -- Reps. Klauber, Hawkins, McGee and Simrill: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OR COPYING OF PUBLIC RECORDS AND THE AVAILABILITY OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO AUTHORIZE AN EXPEDITED HEARING BEFORE A CIRCUIT JUDGE IF THE PUBLIC BODY DISAPPROVES RELEASING REQUESTED RECORD AND PROVIDE FOR THE PAYMENT OF COURT COSTS AND ATTORNEY FEES IF THE REQUESTOR IS SUCCESSFUL IN CIRCUIT COURT.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4566 (Word version) -- Reps. Lourie and J. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-60, SO AS TO ESTABLISH A TWENTY-FIVE DOLLAR FEE FOR CRIMINAL RECORD SEARCHES CONDUCTED BY THE STATE LAW ENFORCEMENT DIVISION AND TO PROVIDE A TEN DOLLAR FEE WHEN CONDUCTED FOR A FOR-PROFIT NURSING HOME, HOME HEALTH AGENCY, OR AN ADULT OR CHILD DAYCARE CENTER AND


Printed Page 3143 . . . . . Wednesday, April 19, 2000

AN EIGHT DOLLAR FEE WHEN CONDUCTED FOR A CHARITABLE ORGANIZATION OR A BONA FIDE MENTOR.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4797 (Word version) -- Reps. Knotts, Barrett, Battle, H. Brown, Cato, Chellis, Delleney, Edge, Frye, Gamble, Haskins, Hinson, Huggins, Law, Littlejohn, Maddox, Martin, McCraw, Miller, Rice, Sandifer, Seithel, Simrill, R. Smith, Stuart, Taylor, Townsend, Tripp, Whatley, Wilkins, Witherspoon, Davenport, Robinson, McGee, McKay, Loftis and Riser: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO REVISE THE DEFINITION OF THE TERMS "PREMISES" AND "PROPERTY"; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE A DEFINITION FOR THE TERM "PROPERTY"; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEERS, OR WINES FOR ON PREMISES CONSUMPTION, SO AS TO SUBSTITUTE THE WORD "INTO" FOR "ONTO THE PREMISES OF"; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO REVISE THE RESIDENCY REQUIREMENT CONTAINED IN THE CONCEALABLE WEAPON PERMIT APPLICATION FORM, TO DELETE THE PROHIBITION AGAINST AUTHORIZING A CONCEALABLE WEAPON PERMIT HOLDER TO CARRY A CONCEALABLE WEAPON INTO A CHURCH OR OTHER RELIGIOUS


Printed Page 3144 . . . . . Wednesday, April 19, 2000

SANCTUARY, AND TO REQUIRE A PERSON WHO SEEKS TO RENEW A CONCEALABLE WEAPON PERMIT TO COMPLETE A ONE-HOUR COURSE THAT PROVIDES LEGAL UPDATES RELATING TO THE CONCEALABLE WEAPON PERMIT LAWS, AND DEMONSTRATE TO SLED THAT HE HAS A PROFICIENCY IN BOTH THE USE OF HANDGUNS AND STATE LAWS PERTAINING TO HANDGUNS, AND PROVIDE THAT ONCE A CONCEALED WEAPON PERMIT HOLDER IS NO LONGER A RESIDENT OF THIS STATE, HIS CONCEALED WEAPON PERMIT MUST BE REVOKED AUTOMATICALLY BY SLED; TO AMEND SECTION 23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS THAT PROHIBIT THE CARRYING OF A CONCEALABLE WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE, CONTENT, AND PLACEMENT OF THESE SIGNS; AND TO AMEND SECTION 51-3-145, AS AMENDED, RELATING TO ACTS THAT MAY NOT BE COMMITTED AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ALLOW A PERSON WHO POSSESSES A CONCEALABLE WEAPON PERMIT TO POSSESS A CONCEALABLE WEAPON AND ITS AMMUNITION AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4534 (Word version) -- Reps. Hawkins, Klauber and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-170 SO AS TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD, FOR THE USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE.
Ordered for consideration tomorrow.


Printed Page 3145 . . . . . Wednesday, April 19, 2000

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4743 (Word version) -- Rep. D. Smith: A BILL TO ENACT THE "SAFE HAVEN FOR ABANDONED BABIES ACT" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-85 SO AS TO REQUIRE A HOSPITAL OR HOSPITAL OUTPATIENT FACILITY TO TAKE POSSESSION OF A CHILD VOLUNTARILY DELIVERED BY THE CHILD'S PARENT WHEN THE PARENT DID NOT EXPRESS AN INTENT TO RETURN FOR THE CHILD; TO PROVIDE ANONYMITY FOR THE PARENT AND CHILD BUT TO ALLOW THE HOSPITAL OR FACILITY TO REQUEST MEDICAL INFORMATION; TO REQUIRE THE HOSPITAL OR FACILITY TO NOTIFY THE DEPARTMENT OF SOCIAL SERVICES THAT A CHILD HAS BEEN TAKEN INTO POSSESSION; TO REQUIRE THE DEPARTMENT TO PROVIDE FOR THE CARE AND CUSTODY OF THE CHILD; AND TO GRANT A PARENT IMMUNITY FROM PROSECUTION FOR UNLAWFUL CONDUCT OR CRUELTY TOWARDS A CHILD OR ANY OTHER VIOLATION FOR LEAVING THE CHILD IF THE PARENT LEAVES THE CHILD WITH THE HOSPITAL OR FACILITY PERSONNEL, THE CHILD IS NO MORE THAN THIRTY DAYS OLD, AND THE CHILD HAS NOT SUSTAINED ANY PHYSICAL HARM OR INJURY.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.
Ordered for consideration tomorrow.


Printed Page 3146 . . . . . Wednesday, April 19, 2000

Rep. HARRISON for the Committee on Judiciary, submitted a favorable report with amendments.
Rep. KNOTTS for the minority, submitted an unfavorable report on:

H. 4563 (Word version) -- Reps. Lourie, Martin and J. Smith: A BILL TO AMEND SECTION 56-1-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE POINT SYSTEM FOR THE EVALUATION OF THE OPERATING RECORD OF A PERSON TO WHOM A DRIVER'S LICENSE HAS BEEN ISSUED AND FOR THE DETERMINATION OF THE CONTINUED QUALIFICATIONS OF THE PERSON TO DRIVE, SO AS TO REVISE THE MAXIMUM SPEED LIMIT ASSOCIATED WITH A FOUR-POINT VIOLATION FOR SPEEDING AND THE MAXIMUM SPEED LIMIT ASSOCIATED WITH A SIX-POINT VIOLATION FOR SPEEDING; AND TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE PENALTIES FOR PERSONS WHO VIOLATE THE SPEED LIMIT WHILE OPERATING A VEHICLE WITH LESS THAN SIX WHEELS AND VEHICLES WITH SIX WHEELS OR MORE, AND TO PROVIDE THAT A PERSON WHO OPERATES A VEHICLE IN EXCESS OF TWENTY-FIVE MILES AN HOUR ABOVE THE POSTED SPEED LIMIT SHALL LOSE HIS PRIVILEGE TO DRIVE FOR SIX MONTHS.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:

S. 1212 (Word version) -- Senator J. V. Smith: A BILL TO AMEND SECTION 56-3-2332, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF THE STANDARD LICENSE PLATE TO A VEHICLE MANUFACTURER FOR VEHICLES USED IN EMPLOYEE BENEFIT PROGRAMS, TESTING, OR PROMOTIONAL PURPOSES, SO AS TO INCREASE THE ANNUAL REGISTRATION FEE FROM SIX HUNDRED NINETY-SEVEN DOLLARS AND FORTY-SIX CENTS TO EIGHT HUNDRED EIGHTY DOLLARS.
Ordered for consideration tomorrow.


Printed Page 3147 . . . . . Wednesday, April 19, 2000

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4305 (Word version) -- Reps. Wilkins, Leach, Delleney, Haskins, Hawkins, Bailey, Vaughn, Altman, Hinson, Cotty, Jennings, Littlejohn and Riser: A BILL TO AMEND SECTION 9-11-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPTIONS ALLOWING PROBATE JUDGES TO PARTICIPATE IN EITHER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM OR THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO EXTEND A SIMILAR OPTION TO MASTERS-IN-EQUITY.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4317 (Word version) -- Reps. Allison, Altman, Walker, Riser, Rodgers and Seithel: 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 EXEMPT FROM PROPERTY TAX ONE PERSONAL MOTOR VEHICLE OWNED OR LEASED BY THE CAREGIVER OF A MENTALLY RETARDED PERSON OR PHYSICALLY HANDICAPPED PERSON WHEN THE VEHICLE IS USED TO TRANSPORT THE MENTALLY RETARDED OR PHYSICALLY HANDICAPPED PERSON, TO REQUIRE THAT THE INDIVIDUAL TRANSPORTED MUST BE ELIGIBLE TO BE CLAIMED AS A DEPENDENT ON FEDERAL INCOME TAX RETURNS FILED BY THE CAREGIVER, AND TO DEFINE "HANDICAPPED" AND "MENTALLY RETARDED".
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4371 (Word version) -- Reps. Barrett, Wilder and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN


Printed Page 3148 . . . . . Wednesday, April 19, 2000

DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.
Ordered for consideration tomorrow.

Rep. HARRELL for the Committee on Ways and Means, submitted a favorable report with amendments.
Rep. COOPER for the minority, submitted an unfavorable report on:

H. 4086 (Word version) -- Reps. Kelley, Allison, Altman, Bales, Barfield, Barrett, Bowers, G. Brown, T. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Cooper, Cotty, Dantzler, Davenport, Edge, Emory, Gilham, Gourdine, Hamilton, Harrell, Haskins, Hayes, Inabinett, Jennings, Keegan, Lanford, Leach, Limehouse, Littlejohn, Martin, McGee, J. H. Neal, Ott, Riser, Rodgers, Sandifer, Seithel, J. Smith, R. Smith, Stille, Taylor, Townsend, Tripp, Wilder, Witherspoon, Woodrum, Harvin and Miller: A BILL TO AMEND CHAPTER 36, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAXES, BY ADDING SECTION 12-36-925, SO AS TO PROVIDE FOR A SALES TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC BEVERAGES BY THE DRINK; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND, SO AS TO REVISE THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK"; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES SOLELY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-1600, RELATING TO NONPROFIT ORGANIZATIONS BEING LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-1610, RELATING TO BUSINESS


Printed Page 3149 . . . . . Wednesday, April 19, 2000

ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS OTHER THAN MINIBOTTLES ON LICENSED PREMISES; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE TERM "MINIBOTTLE" AND TO MAKE THE PROCEDURES APPLY TO ANY BIENNIAL LICENSE FOR ON-PREMISES CONSUMPTION; TO AMEND SECTION 61-6-2000, AND SECTION 61-6-2005, AS AMENDED, RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS IN MINIBOTTLES OR BY THE DRINK; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY PERMITS AUTHORIZED THROUGH A REFERENDUM, SO AS TO REMOVE THE REFERENCES TO ALCOHOLIC LIQUORS "IN SEALED CONTAINERS OF TWO OUNCES OR LESS"; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF THE SERVER OF ALCOHOLIC LIQUORS IN ON-PREMISES ESTABLISHMENTS, SO AS TO PROVIDE THE SERVER, WHO IS EIGHTEEN YEARS OF AGE OR OLDER, ALSO MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK AS WELL AS IN MINIBOTTLES; TO AMEND SECTION 61-6-2600, RELATING TO THE PENALTIES FOR VIOLATING ARTICLE 5, CHAPTER 6 OF TITLE 61, CONCERNING THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO REMOVE THE REFERENCE TO MINIBOTTLES AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE SALES TAX ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION; TO REPEAL SECTION 12-33-245, RELATING TO THE TWENTY-FIVE CENTS EXCISE TAX ON MINIBOTTLES.
Ordered for consideration tomorrow.

Printed Page 3150 . . . . . Wednesday, April 19, 2000

HOUSE RESOLUTION

On motion of Rep. BARFIELD, with unanimous consent, the following was taken up for immediate consideration:

H. 4967 (Word version) -- Reps. Barfield, Law, Edge, Keegan, Kelley, Miller and Witherspoon: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO MISS LISA RABON OF HORRY COUNTY ON THURSDAY, APRIL 27, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON HER REPRESENTATION OF OUR STATE IN THE MISS USA 2000 PAGEANT.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to Miss Lisa Rabon of Horry County on Thursday, April 27, 2000, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on her representation of our State in the Miss USA 2000 Pageant.

The Resolution was adopted.

INTRODUCTION OF BILLS

The following Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4968 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO NONEMERGENCY VEHICLES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2439, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4969 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SEPTIC TANK SITE EVALUATION FEES, DESIGNATED AS REGULATION


Printed Page 3151 . . . . . Wednesday, April 19, 2000

DOCUMENT NUMBER 2457, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Allison                Altman                 Bailey
Bales                  Barfield               Barrett
Battle                 Bowers                 Breeland
Brown, G.              Brown, H.              Brown, J.
Campsen                Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Frye
Gamble                 Gilham                 Gourdine
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hawkins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Huggins
Inabinett              Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Lanford                Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Mack                   Maddox
Martin                 McCraw                 McGee
McKay                  McLeod, M.             McLeod, W.
McMahand               Meacham-Richardson     Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Parks                  Perry
Phillips               Pinckney               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Seithel                Sharpe
Sheheen                Smith, D.              Smith, R.
Stille                 Stuart                 Taylor
Tripp                  Trotter                Walker
Webb                   Whatley                Whipper

Printed Page 3152 . . . . . Wednesday, April 19, 2000

Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, April 19.

Douglas Jennings                  Timothy Wilkes
Gary Simrill                      Fletcher Smith
Bill Cotty                        James Smith
Denny Neilson                     Chuck Allen
James Lucas                       Anthony Harris
Harry Askins                      Todd Rutherford
Ronald Townsend                   Larry Koon
Jerry Govan                       Ralph Canty

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. VAUGHN a leave of absence due to illness.

SPECIAL PRESENTATION

Reps. FLEMING, HAYES and WILDER presented to the House the Union High School Yellow Jackets Football Team, the 1999 Class AAA Champions, their coaches and other officials.

DOCTOR OF THE DAY

Announcement was made that Dr. Mark O'Rourke of Greenville is the Doctor of the Day for the General Assembly.

HOUSE TO MEET AT 12:00 NOON TUESDAY IN STATEWIDE SESSION

Rep. HARRISON moved that when the House adjourns today, it adjourn to meet in Local Session tomorrow and in Statewide Session Tuesday, April 25 at 12:00 noon, which was agreed to.

CO-SPONSOR ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member


Printed Page 3153 . . . . . Wednesday, April 19, 2000

presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 4954 (Word version)
Date:   ADD:
04/19/00   STUART

H. 4899--RECONSIDERED

Rep. MACK moved to reconsider the vote whereby the following Bill was given a second reading:

H. 4899 (Word version) -- Reps. Campsen, Harrell, Limehouse and Whatley: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REQUIRE THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT TO SUBMIT ITS PROPOSED BUDGETS TO THE COUNTY COUNCIL FOR REVIEW ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, TO AUTHORIZE THE COUNTY COUNCIL TO COMMENT AND MAKE RECOMMENDATIONS ON THE PROPOSED BUDGET TO WHICH THE BOARD MUST RESPOND IN WRITING WHILE LEAVING AUTHORITY TO ACCEPT OR REJECT THESE COMMENTS OR RECOMMENDATIONS WITHIN THE BOARD'S DISCRETION, TO DEVOLVE FROM THE CHARLESTON COUNTY LEGISLATIVE DELEGATION TO THE CHARLESTON COUNTY COUNCIL THE AUTHORITY TO LEVY IN EXCESS OF NINETY MILLS IN PROPERTY TAXES FOR SCHOOL OPERATIONS, AND TO REQUIRE THIS APPROVAL BY ORDINANCE.


Printed Page 3154 . . . . . Wednesday, April 19, 2000

Rep. SEITHEL demanded the yeas and nays which were taken, resulting as follows:

Yeas 7; Nays 4

Those who voted in the affirmative are:

Breeland               Dantzler               Inabinett
Mack                   Seithel                Whatley
Whipper

Total--7

Those who voted in the negative are:

Altman                 Campsen                Harrell
Limehouse

Total--4

So, the motion to reconsider was agreed to.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 4937 (Word version) -- Reps. Cato, Tripp, Easterday, Hamilton, Leach, Loftis, McMahand, F. Smith and Wilkins: A BILL TO PROVIDE THAT THE NAME OF THE GREENVILLE MEMORIAL AUDITORIUM DISTRICT IS CHANGED TO THE GREENVILLE ARENA DISTRICT AND SHALL BE COMPOSED OF THE AREA DEFINED FOR THE GREENVILLE MEMORIAL AUDITORIUM DISTRICT AND IS VESTED WITH ALL THE POWERS, DUTIES, AND AUTHORITY VESTED IN THAT DISTRICT.

H. 4899--INTERRUPTED DEBATE

The following Bill was taken up:

H. 4899 (Word version) -- Reps. Campsen, Harrell, Limehouse and Whatley: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REQUIRE THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT TO SUBMIT ITS PROPOSED BUDGETS TO THE COUNTY COUNCIL FOR REVIEW ON OR BEFORE JUNE


Printed Page 3155 . . . . . Wednesday, April 19, 2000

THIRTIETH OF EACH YEAR, TO AUTHORIZE THE COUNTY COUNCIL TO COMMENT AND MAKE RECOMMENDATIONS ON THE PROPOSED BUDGET TO WHICH THE BOARD MUST RESPOND IN WRITING WHILE LEAVING AUTHORITY TO ACCEPT OR REJECT THESE COMMENTS OR RECOMMENDATIONS WITHIN THE BOARD'S DISCRETION, TO DEVOLVE FROM THE CHARLESTON COUNTY LEGISLATIVE DELEGATION TO THE CHARLESTON COUNTY COUNCIL THE AUTHORITY TO LEVY IN EXCESS OF NINETY MILLS IN PROPERTY TAXES FOR SCHOOL OPERATIONS, AND TO REQUIRE THIS APPROVAL BY ORDINANCE.

Rep. SEITHEL proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22607AC00):
Amend the bill, as and if amended, Section 10, as contained in SECTION 1 of the bill, page 2, immediately after line 21, by inserting:
/"Notwithstanding the provisions of this section, the board may increase the millage cap to 103 mils for the 2000-2001 school year and may increase the millage cap above that provided for in this section in subsequent years if necessary to comply with the Education Improvement Act. Additionally, the board must comply with the Commission on Higher Education's audit recommendations." /
Renumber sections to conform.
Amend title to conform.

Rep. SEITHEL explained the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. WHIPPER spoke in favor of the amendment.
Rep. CAMPSEN spoke against the amendment.

Further proceedings were interrupted by expiration of time on the local uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. CAMPSEN having the floor.

SENT TO THE SENATE

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:

H. 4467 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 90, SO AS TO PROVIDE


Printed Page 3156 . . . . . Wednesday, April 19, 2000

FOR THE REGULATION AND OPERATION OF CAPTIVE INSURANCE COMPANIES, INCLUDING AMONG OTHER THINGS THE SCOPE OF BUSINESS THAT MAY BE CONDUCTED; REQUIREMENTS FOR INCORPORATION, LICENSURE, FINANCIAL RESPONSIBILITY, AND ANNUAL REPORTS; PROVIDING FOR PERIODIC INSPECTIONS AND EXAMINATIONS OF THE COMPANY'S AFFAIRS; ESTABLISHING GROUNDS FOR LICENSE SUSPENSION AND REVOCATION, SETTING FORTH INVESTMENT REQUIREMENTS; ESTABLISHING PREMIUM TAXES; AND PROVIDING THE PROCEDURES FOR CONVERSIONS AND MERGERS OF CERTAIN CAPTIVE INSURANCE COMPANIES WITH RECIPROCAL INSURERS.

H. 4651 (Word version) -- Reps. Witherspoon, Altman, Askins, Barfield, Barrett, Battle, Bowers, G. Brown, Carnell, Cato, Cooper, Dantzler, Davenport, Edge, Harrison, Hawkins, Hayes, J. Hines, Inabinett, Keegan, Kennedy, Klauber, Koon, Lanford, Lee, Limehouse, Littlejohn, Loftis, Lucas, Maddox, Martin, McCraw, W. McLeod, McMahand, Ott, Phillips, Rhoad, Rice, Riser, Robinson, Sandifer, Sharpe, Taylor, Townsend, Tripp, Trotter, Walker, Webb, Whatley, Wilkes, Allen, Chellis, Haskins, Kirsh, Leach, Meacham-Richardson, Miller, Moody-Lawrence, Parks, Rodgers, Simrill and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 39 SO AS TO ENACT "THE FAIR PRACTICES OF FARM, CONSTRUCTION, INDUSTRIAL, AND OUTDOOR POWER EQUIPMENT MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS ACT" TO PROVIDE FOR THE PRACTICES OF MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS OF FARM, CONSTRUCTION, INDUSTRIAL, AND OUTDOOR POWER EQUIPMENT, INCLUDING SPECIFICATION AND PROHIBITION OF CERTAIN UNFAIR ACTS OF TRADE AND COMPETITION, AND TO PROVIDE FOR JURISDICTION, VENUE, STATUTE OF LIMITATIONS, PRIMA FACIE EVIDENCE, AND LEGAL AND EQUITABLE REMEDIES FOR ACTIONS ARISING OUT OF A VIOLATION OF ITS PROVISIONS.

H. 4617 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 40-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGAGING IN CONSTRUCTION PURSUANT TO A


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LICENSE, SO AS TO DEFINE "ENGAGING IN CONSTRUCTION" AND TO REQUIRE THAT A LICENSED CONTRACTOR ENGAGE IN CONSTRUCTION IN THE EXACT LICENSED NAME; AND TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS SO AS TO DELETE "GLASS" AND "GLAZING" FROM THE SUBCLASSIFICATION OF "INTERIOR RENOVATION" AND TO ADD AND DEFINE "GLASS AND GLAZING" AS A SUBCLASSIFICATION OF "GENERAL CONTRACTORS SPECIALTY".

H. 4767 (Word version) -- Rep. Haskins: A BILL TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME THAT CERTAIN BUILDING CODES AND STANDARDS MUST BE ADOPTED BY THE STATE MUNICIPALITIES AND COUNTIES AFTER THE ESTABLISHMENT OF A BUILDING INSPECTION DEPARTMENT, SO AS TO PROHIBIT THE ADOPTION BY THE STATE OF ANY PORTION OF A REGIONAL OR NATIONAL BUILDING CODE THAT RELATES PRIMARILY TO SAFETY UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 6-9-120, RELATING TO EXEMPTING WATER OR SEWER SYSTEMS FROM THE PROVISIONS OF CHAPTER 9, TITLE 6 (BUILDING CODES), SO AS TO EXEMPT LANDSCAPE IRRIGATION SYSTEMS.

H. 4801 (Word version) -- Reps. Breeland, Lourie, Askins, Bailey, Battle, G. Brown, T. Brown, Carnell, Clyburn, Dantzler, Davenport, Gilham, Gourdine, Govan, Hamilton, Harris, Harrison, J. Hines, M. Hines, Hosey, Inabinett, Kennedy, Law, Leach, Lloyd, Mack, McGee, McMahand, Miller, Moody-Lawrence, J. H. Neal, Parks, Phillips, Quinn, Riser, Rodgers, Scott, F. Smith, Whipper, Wilder, Young-Brickell and Robinson: A BILL TO AMEND SECTION 25-21-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND, SO AS TO ELIMINATE THEIR FUNCTION OF SERVING AS AN ADVISORY COMMITTEE TO THE VETERANS' AFFAIRS DIVISION; AND TO AMEND SECTION 25-21-30, RELATING TO THE DUTIES OF THE BOARD OF TRUSTEES AND SECTION 25-21-40, RELATING TO THE DISBURSEMENT OF FUNDS FROM THE VETERANS' TRUST FUND, BOTH SO AS TO PROVIDE


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THAT THE BOARD OF TRUSTEES IS AUTHORIZED TO DECIDE HOW MONIES IN THE FUND MUST BE DISBURSED.

H. 4802 (Word version) -- Reps. Breeland, J. Brown, Clyburn, Davenport, Fleming, Hayes, J. Hines, Howard, Keegan, Kelley, Lee, Lloyd, Mack, Maddox, Moody-Lawrence, Parks, Pinckney, Rodgers, Rutherford, Scott, Simrill, J. Smith, Whatley and Robinson: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, AND COMMITTEE MEETINGS AND STAFFING.

H. 4555 (Word version) -- Reps. J. Smith and Walker: A BILL TO AMEND SECTION 20-7-9710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES, SO AS TO ADD THE CHIEF EXECUTIVE OFFICER OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AS AN EX OFFICIO NONVOTING MEMBER OF THE BOARD.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:

S. 721 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER OF FUNDING THE SECOND INJURY FUND UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE FOR THE MANNER OF ASSESSING SELF-INSUREDS AND INSURANCE CARRIERS.

ORDERED TO THIRD READING

The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:

S. 437 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION


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REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO PERMIT, RATHER THAN REQUIRE, THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS PRESCRIBING THE PARAMETERS OF THE CONTINUING EDUCATION REQUIREMENTS AND CHANGE THE COMPOSITION OF THE ADVISORY COMMITTEE; TO AMEND SECTION 38-77-580, AS AMENDED, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO CHANGE THE COMPOSITION OF THE FACILITY'S GOVERNING BOARD; TO PROVIDE THAT NOTHING INVOLVED IN THE AMENDMENT OF SECTION 38-77-580 IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR CHANGE THE REPEAL OF THIS SECTION AS SCHEDULED FOR JANUARY 1, 2006; TO AMEND SECTION 38-91-130, RELATING TO THE ADVISORY BOARD FOR THE JOINT UNDERWRITING ASSOCIATION FOR PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE, SO AS TO CHANGE THE METHOD OF CHOOSING BOARD MEMBERS AND PROVIDE FOR RELATED MATTERS; TO PROVIDE THAT NOTHING INVOLVED IN THE AMENDMENT OF SECTION 38-91-130 IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR CHANGE (1) THE PROVISION IN SECTION 20(B) OF ACT 154 OF 1997 THAT STATES THAT CHAPTER 91 OF TITLE 38 SHALL CEASE TO BE OF ANY FORCE OR EFFECT AFTER FEBRUARY 28, 2003 OR (2) ANY OTHER PROVISION CONTAINED IN SECTION 20(B) OF ACT 154 OF 1997; AND TO REPEAL SECTION 38-77-585, RELATING TO ADDITIONAL GOVERNING BOARD MEMBERS OF THE REINSURANCE FACILITY, UPON THE EFFECTIVE DATE OF THIS ACT NOTWITHSTANDING THE PROVISIONS OF SECTION 30 OF ACT 154 OF 1997 REGARDING THE REPEAL OF ARTICLE 5, CHAPTER 77 OF TITLE 38 ON JANUARY 1, 2006.

Rep. TRIPP explained the Bill.

H. 4616 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS OF THE STATE BOARD OF EDUCATION, SO AS TO PERMIT THE BOARD TO DESIGNATE A HEARING OFFICER


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AS WELL AS ONE OF ITS MEMBERS TO HOLD HEARINGS IN CONNECTION WITH ANY RESPONSIBILITY OF THE BOARD.

Rep. WALKER explained the Bill.

S. 1220 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2452, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WALKER explained the Joint Resolution.

H. 4404 (Word version) -- Reps. Lourie and J. Smith: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 53 SO AS TO PROVIDE FOR THE ISSUANCE OF NORMANDY INVASION SURVIVORS SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.

Rep. STUART explained the Bill.

H. 4277 (Word version) -- Reps. Harvin, Stuart, Bales, Meacham-Richardson, Knotts, Seithel, Whipper, Ott and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-667 SO AS TO DESIGNATE "THE RICHARDSON WALTZ" AS THE OFFICIAL STATE WALTZ.

Rep. RODGERS explained the Bill.

H. 4670 (Word version) -- Reps. Stille, Barrett, Hamilton and Littlejohn: A BILL TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST-SECONDARY INSTITUTION LICENSE ACT, SO AS TO ADD CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF "NONPUBLIC EDUCATIONAL INSTITUTION", SO AS TO FURTHER PROVIDE FOR THOSE ACTIVITIES, COURSES, OR INSTITUTIONS THAT


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COME WITHIN THIS EXCLUSION; TO AMEND SECTION 59-58-50, RELATING TO LICENSE REQUIREMENTS FOR NONPUBLIC INSTITUTIONS, SO AS TO PROVIDE LICENSES MAY BE GRANTED TO NONDEGREE GRANTING INSTITUTIONS FOR LESS THAN TWELVE MONTHS; TO AMEND SECTION 59-58-60 RELATING TO USE OF THE TERM "COLLEGE" OR "UNIVERSITY" IN A NAME, SO AS TO REVISE THE CIRCUMSTANCES WHEN THESE TERMS MAY AND MAY NOT BE USED; TO AMEND SECTION 59-58-70, RELATING TO FEES, SO AS TO PROVIDE FOR FURTHER SITUATIONS WHEN PENALTIES MAY BE IMPOSED; TO AMEND SECTION 59-58-100, RELATING TO ENROLLMENT CONTRACTS AND OTHER AGREEMENTS BEING VOID WITHOUT A LICENSE, SO AS TO CORRECT A GRAMMATICAL REFERENCE; AND TO AMEND SECTION 59-58-110, RELATING TO DENIAL, REVOCATION, OR SUSPENSION OF LICENSES, SO AS TO FURTHER PROVIDE FOR WHEN THE COMMISSION ON HIGHER EDUCATION MAY PROCEED WITH A DENIAL OR REVOCATION AND TO AUTHORIZE THE COMMISSION TO ALSO IMPOSE PROBATION AND DELAY A NEW CLASS TERM.

Rep. STILLE explained the Bill.

S. 1234 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 59-101-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE COLLEGES AND UNIVERSITIES OF THIS STATE; SECTION 59-101-185, RELATING TO GOVERNING BOARDS OF SPECIFIED STATE INSTITUTIONS OF HIGHER LEARNING AUTHORIZED TO MAINTAIN FINANCIAL MANAGEMENT AND ACCOUNTING SYSTEMS; SECTION 59-107-10, RELATING TO THE DEFINITION OF STATE INSTITUTIONS OF HIGHER LEARNING FOR PURPOSES OF ISSUING STATE INSTITUTION BONDS; AND SECTION 59-112-10, RELATING TO THE DEFINITION OF STATE POST-SECONDARY INSTITUTIONS FOR PURPOSES OF DETERMINING RATES OF TUITION AND FEES, SO AS TO INCLUDE COASTAL CAROLINA UNIVERSITY WITHIN THESE DEFINITIONS AND LISTINGS, AND TO UPDATE THE NAMES OF OTHER INSTITUTIONS.

Rep. STILLE explained the Bill.


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H. 4911 (Word version) -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-702 SO AS TO DESIGNATE THE TAPESTRY "FROM THE MOUNTAINS TO THE SEA" AS THE OFFICIAL STATE TAPESTRY.

Rep. G. BROWN explained the Bill.

H. 4927 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 2480, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

OBJECTION TO MOTION

Rep. WALKER asked unanimous consent that H. 4616 (Word version) be read a third time tomorrow.
Rep. ROBINSON objected.

S. 1220--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WALKER, with unanimous consent, it was ordered that S. 1220 (Word version) be read the third time tomorrow.

H. 4404--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. STUART, with unanimous consent, it was ordered that H. 4404 (Word version) be read the third time tomorrow.

H. 4277--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4277 (Word version) be read the third time tomorrow.


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H. 4670--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. STILLE, with unanimous consent, it was ordered that H. 4670 (Word version) be read the third time tomorrow.

S. 1234--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. STILLE, with unanimous consent, it was ordered that S. 1234 (Word version) be read the third time tomorrow.

H. 4911--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. G. BROWN, with unanimous consent, it was ordered that H. 4911 (Word version) be read the third time tomorrow.

H. 4927--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. J. BROWN, with unanimous consent, it was ordered that H. 4927 (Word version) be read the third time tomorrow.

H. 4616--RECONSIDERED AND DEBATE ADJOURNED

Rep. HASKINS moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to:

H. 4616 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS OF THE STATE BOARD OF EDUCATION, SO AS TO PERMIT THE BOARD TO DESIGNATE A HEARING OFFICER AS WELL AS ONE OF ITS MEMBERS TO HOLD HEARINGS IN CONNECTION WITH ANY RESPONSIBILITY OF THE BOARD.

Rep. ROBINSON moved to adjourn debate on the Bill until Tuesday, April 25, which was agreed to.

H. 4926--DEBATE ADJOURNED

The following Joint Resolution was taken up:

H. 4926 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO RETAIL FOOD


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ESTABLISHMENT INSPECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2458, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BREELAND explained the Joint Resolution.

Rep. HASKINS moved to adjourn debate on the Joint Resolution until Tuesday, April 25, which was agreed to.

H. 4672--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4672 (Word version) -- Reps. Townsend, Allen, Barrett, Clyburn, Gamble, Gourdine, Hamilton, Hayes, Hinson, Jennings, Koon, Maddox, Martin, W. McLeod, Rice, Riser, Sandifer, Stille, Stuart, Taylor, Wilder and Wilkins: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 28 SO AS TO ENACT THE "PARENT INVOLVEMENT IN THEIR CHILDREN'S EDUCATION ACT" INCLUDING PROVISIONS TO ESTABLISH A FRAMEWORK FOR ENCOURAGEMENT OF INCREASED PARENTAL INVOLVEMENT IN THE EDUCATION OF THEIR CHILDREN, FOR PARENTAL INVOLVEMENT TRAINING FOR EDUCATORS AND SCHOOL STAFF, FOR PARENTAL RESPONSIBILITIES FOR THEIR CHILD'S ACADEMIC SUCCESS, FOR EFFORTS TO INCREASE PARENT-TEACHER CONTACTS, AND FOR EVALUATION OF PARENT INVOLVEMENT EFFORTS; TO AMEND SECTION 59-1-420, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD TWO ADDITIONAL SCHOOL DAYS TO BEGIN WITH SCHOOL YEAR 2002-2003 AND TO PROVIDE THAT THESE DAYS MUST BE USED FOR FURTHER PARENT-TEACHER CONFERENCES; AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL CONSIDER ENACTING EMPLOYER TAX CREDITS TO ENCOURAGE WORKPLACE POLICIES FOR PARENT RELEASE TIME FROM WORK FOR PARENT-TEACHER CONFERENCES AND PARTICIPATION IN OTHER SCHOOL ACTIVITIES.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21222SD00):


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Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   The General Assembly finds that:

(1)   parental involvement influences student development and learning and, therefore, should be viewed as an essential component of the public education system;

(2)   parental involvement and momentum for parental participation is evident for early childhood and elementary schools but declines in middle and high schools;

(3)   there does not appear to be an accountability mechanism in place to ensure support for parental involvement opportunities;

(4)   there is no structured system to enable, support, and sustain parental involvement at the various levels of state, district, or school responsibility;

(5)   barriers and challenges cited in research and expressed by educators and parents can be overcome through a variety of proven approaches identified in the research; and

(6)   there is no state system for providing professional development to teachers and school staff in working with parents and diversity of families, and there is no system for monitoring and assessing parental involvement efforts and results.
SECTION   2.   Title 59 of the 1976 Code is amended by adding:

"CHAPTER 28
Parental Involvement in Education

Section 59-28-100.   This chapter may be cited as the 'Parental Involvement in their Children's Education Act'.

Section 59-28-110.   It is the purpose of the General Assembly in this chapter to:

(1)   heighten awareness of the importance of parents' involvement in the education of their children throughout their schooling;

(2)   encourage the establishment and maintenance of parent-friendly school settings; and

(3)   emphasize that when parents and schools work as partners a child's academic success can best be assured.

Section 59-28-120.   The Governor shall require state agencies that serve families and children to collaborate and establish networks with schools to heighten awareness of the importance of parental influence on the academic success of their children and to encourage and assist parents to become more involved in their children's education.

Section 59-28-130.   The State Board of Education shall:


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(1)   require school and district long-range improvement plans required in Section 59-139-10 to include parental involvement goals, objectives, and an evaluation component;

(2)   recognize districts and schools where parental involvement significantly increases beyond stated goals and objectives; and

(3)   establish criteria for staff training on school initiatives and activities shown by research to increase parental involvement in their children's education.

Section 59-28-140.   The State Superintendent of Education shall:

(1)   design parental involvement and best practices training programs in conjunction with higher education institutions and the pre-K through grade 12 education community, including parental program coordinators, which shall include:

(a)   practices that are responsive to racial, ethnic, and socio-economic diversity, and are appropriate to various grade-level needs;

(b)   establishment and maintenance of parent-friendly school settings;

(c)   awareness of community resources that strengthen families and assist students to succeed; and

(d)   other topics appropriate for fostering partnerships between parent and teacher;

(2)   work collaboratively with the Commission on Higher Education to incorporate parental involvement training into teacher preparation and principal preparation programs consistent with the training provided in subsection (1) of this section.

Section 59-28-150.   The State Superintendent of Education shall:

(1)   promote parental involvement as a priority for all levels from pre-K through grade 12, with particular emphasis at the middle and high school levels where parental involvement is currently least visible;

(2)   designate a Department of Education staff position whose specific role is to coordinate statewide initiatives to support school and district parental involvement;

(3)   collect and disseminate to districts and schools practices shown by research to be effective in increasing parental involvement at all grade levels;

(4)   provide parental involvement staff development training for district and school liaisons, as needed;

(5)   provide technical assistance relating to parental involvement training to districts and schools;

(6)   sponsor statewide conferences on best practices;


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(7)   identify, recommend, and implement ways to integrate programs and funding for maximum benefit to enhance parental involvement;

(8)   enroll the Department of Education as a state member of national organizations which promote proven parental involvement frameworks, models, and practices and provide related services to state and local members;

(9)   promote and encourage local school districts to join national parental involvement organizations; and

(10)   monitor and evaluate parental involvement programs statewide by designing a statewide system which will determine program effectiveness and identify best practices and report evaluation findings and implications to the General Assembly, State Board of Education, and Education Oversight Committee.

Section 59-28-160.   Each local school board of trustees shall:

(1)   consider joining national organizations which promote and provide technical assistance on various proven parental involvement frameworks and models;

(2)   incorporate, where possible, proven parental involvement practices into existing policies and efforts;

(3)   adopt policies that emphasize the importance, strive to increase, and clearly defined expectations for effective parental involvement practices in the district schools;

(4)   provide for all faculty and staff, no later than the 2002-2003 school year, parental involvement orientation and training through staff development with an emphasis on unique school and district needs and after that, on an ongoing basis as indicated by results of evaluations of district and school parental involvement practices and as required by the State Board of Education;

(5)   provide incentives and formal recognition for schools that significantly increase parental involvement as defined by the State Board of Education;

(6)   require an annual briefing on district and school parental involvement programs including findings from state and local evaluations on the success of the district and schools' efforts; and

(7)   include parental involvement expectations as part of the superintendent's evaluation.

Section 59-28-170.   (A)   Each school district superintendent shall consider:


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(1)   designating staff to serve as parent liaison for the district to coordinate parental involvement initiatives and coordinate community and agency collaboration to support parents and families;

(2)   requiring each school to designate a faculty contact for parental involvement efforts to work collaboratively with the district coordinator and network with other school faculty contacts;

(3)   requiring each school principal to designate space within the school specifically for parents which contains materials and resources on the numerous ways parents and schools can and should partner for a child's academic success; and

(4)   encouraging principals to adjust class and school schedules to accommodate parent-teacher conferences at times more convenient to parents and, to the extent possible, accommodate parents in cases where transportation and normal school hours present a hardship.

(B)   Each school district superintendent shall:

(1)   include parental involvement expectations as part of each principal's evaluation;

(2)   include information about parental involvement opportunities and participation in the district's annual report; and

(3)   disseminate to all parents of the district the expectations enumerated in Section 59-28-180.

Section 59-28-180.   Parent involvement influences student learning and academic performance; therefore, parents are expected to:

(1)   uphold high expectations for academic achievement;

(2)   expect and communicate expectations for success;

(3)   recognize that parental involvement in middle and high school is equally as critical as in elementary school;

(4)   ensure attendance and punctuality;

(5)   attend parent-teacher conferences;

(6)   monitor and check homework;

(7)   communicate with the school and teachers;

( 8)   build partnerships with teachers to promote successful school experiences;

( 9)   attend, when possible, school events;

(10)   model desirable behaviors;

(11)   use encouraging words;

(12)   stimulate thought and curiosity; and

(13)   show support for school expectations and efforts to increase student learning.

Section 59-28-190.   The Education Oversight Committee shall survey parents to determine if state and local efforts are effective in


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increasing parental involvement. This information shall be used in the public awareness campaign required by the Education Accountability Act to promote the importance of parental involvement. The campaign shall include:

(1)   advice for parents on how to help their children be successful in school and the importance of nurturing their children's skills and abilities;

(2)   requests to employers, state agencies, entities, community groups, nonprofit organizations, and faith communities that work with children and families to distribute and display parent advice and other pertinent parent information;

(3)   promotion of the benefits of increased productivity, loyalty, and sense of community which result from parent-friendly workplace policies;

(4)   ideas and encouragement to employers to adopt parent-friendly workplace policies and to provide information on the importance of parents to a child's academic success;

(5)   recognition of businesses and employers where parent-friendly policies have been adopted; and

(6)   recognition of agencies and faith communities that have supported and increased parental involvement.

Section 59-28-200.   The Education Oversight Committee and the State Superintendent of Education shall develop and publish jointly informational materials for distribution to all public school parents and to teachers. The informational materials for distribution shall include:

(1)   an explanation of the grade-level academic content standards and advice on how parents can help their children achieve the standards, and the relationship of the standards to the Palmetto Achievement Challenge Tests (PACT); and

(2)   printed information about the standards and advice relative to parental involvement in their children's education for visible display and use in every public school K-12 classroom.

Section 59-28-210.   The Education Oversight Committee shall disseminate the informational materials prepared pursuant to Section 59-28-200 to all districts and schools.

Section 59-28-220.   The Education Oversight Committee, in cooperation with representatives of the Department of Commerce, the Department of Revenue, and the South Carolina Chamber of Commerce, shall develop recommendations for employer tax credits as incentives to:


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(1)   provide parent-employee release time for parent-teacher conferences or attendance at their children's academic-related events without loss of pay; and

(2)   develop workplace policies which enable parents to improve their literacy, assist their children with academics, and become more involved in their child's education as a result of employers working with local school officials.

Recommendations shall be reported to the Senate Finance and Education Committees, House Ways and Means Committee, and the House Education and Public Works Committee no later than January 1, 2001."
SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

Rep. WALKER explained the amendment.

Reps. TRIPP, WALKER, KNOTTS, HINSON, BALES, LITTLEJOHN, EMORY, TOWNSEND, OTT, WOODRUM, MARTIN, MADDOX, ALLEN, STILLE, RODGERS, GOURDINE, CLYBURN, HOSEY, HAYES, J. H. NEAL, GOVAN and J. HINES requested debate on the Bill.

H. 4719--INTERRUPTED DEBATE

The following Bill was taken up:

H. 4719 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD THREE DAYS FOR THE NEXT TWO SCHOOL YEARS AND TWO MORE DAYS FOR ALL SCHOOL YEARS THEREAFTER AND TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL DAYS SHALL BE USED; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO


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PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO DEVELOP PROCEDURES FOR INCLUDING STUDENT ACHIEVEMENT AS A COMPONENT OF THE TEACHER EVALUATION PROGRAM AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE TEACHER INDUCTION PROGRAM WHICH SHALL INCLUDE SUSTAINED LONG-TERM COACHING AND ASSISTANCE; TO ADD SECTION 59-5-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION SHALL APPOINT A PANEL TO REVIEW TEACHER EDUCATION ACCREDITATION REQUIREMENTS AND RECOMMEND ANY ADDITIONAL TRAINING STANDARDS FOR MIDDLE GRADE TEACHER PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL TAKE CERTAIN ACTIONS IN REGARD TO MIDDLE SCHOOL GRADES INCLUDING ESTABLISHING REQUIREMENTS FOR CERTIFICATION FOR TEACHING IN THE MIDDLE GRADES, GRANTING STATE CERTIFICATION TO OUT-OF-STATE TEACHERS POSSESSING MIDDLE GRADE CERTIFICATION, APPOINTING A PANEL TO RECOMMEND TRAINING STANDARDS FOR MIDDLE GRADES PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES FOR MIDDLE GRADE PRINCIPALS, REVISING THE REQUIREMENTS OF THE DEFINED PROGRAM FOR THE MIDDLE GRADES INCLUDING REDUCING PUPIL-TEACHER RATIOS AND GUIDANCE COUNSELOR RATIOS; TO ADD SECTION 59-5-105 SO AS TO PROVIDE THAT THE STATE BOARD SHALL TAKE ACTIONS ESTABLISHING COMPETITIVE GRANTS FOR DISTRICTS TO DEVELOP PROGRAMS FOR STUDENTS BELOW GRADE LEVEL IN THE MIDDLE GRADES, AND ESTABLISHING CRITERIA FOR GRANTS FOR MIDDLE GRADE TEACHER NETWORKS TO ENABLE TEAMS OF INTERESTED TEACHERS TO INVESTIGATE AND IMPLEMENT EFFECTIVE TEACHING STRATEGIES; TO AMEND SECTION 59-5-135, AS AMENDED, RELATING TO THE GOVERNOR'S INSTITUTE OF READING

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UNDER THE DEPARTMENT OF EDUCATION, SO AS TO PROVIDE THAT A PURPOSE OF THE INSTITUTE SHALL ALSO BE TO IMPROVE THE READING ABILITIES OF STUDENTS IN THE MIDDLE GRADES, AND TO PROVIDE FOR THE AWARDING OF COMPETITIVE GRANTS TO SCHOOL DISTRICTS BY THE INSTITUTE DESIGNED TO IMPROVE READING IN THE MIDDLE GRADES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION IN DEVELOPING CRITERIA FOR THE NEW ACCREDITATION SYSTEM UNDER THE EDUCATION ACCOUNTABILITY ACT SHALL CONSIDER INCLUDING THE FUNCTIONING OF SCHOOL IMPROVEMENT COUNCILS AND THE PARTICIPATION OF OTHER SCHOOL GROUPS; TO ADD SECTION 59-25-45 SO AS TO PROVIDE THAT TEACHERS WORKING LESS THAN THIRTY HOURS A WEEK BUT MORE THAN FIFTEEN HOURS A WEEK SHALL QUALIFY FOR STATE HEALTH AND DENTAL INSURANCE, AND TO PROVIDE FOR THE MANNER IN WHICH THE COST THEREOF SHALL BE PAID; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION IN REGARD TO CERTAIN MATTERS INCLUDING THE ADMINISTRATION OF THE LOAN PROGRAM DESIGNED TO DEVELOP QUALIFIED TEACHERS, SO AS TO PROVIDE THAT AREAS OF CRITICAL NEED SHALL ALSO INCLUDE CRITICAL GEOGRAPHICAL AREAS AND TO PROVIDE BEGINNING JULY 1, 2000, FOR THE MANNER IN WHICH LOANS MAY BE FORGIVEN FOR TEACHERS INCLUDING TEACHERS SERVING IN CRITICAL NEED AND GEOGRAPHICAL NEED AREAS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS) SHALL BE EXEMPTED FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, SHALL RECEIVE A SPECIFIED INCREASE IN PAY, AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF SUCH CERTIFICATION; TO ADD SECTION 59-26-90 SO AS TO PROVIDE FOR AN HONORARIUM OF NO LESS THAN TWENTY-FIVE THOUSAND DOLLARS FOR THE STATE TEACHER OF THE YEAR, AN HONORARIUM OF NO LESS THAN TEN THOUSAND DOLLARS FOR THE FOUR HONOR

Printed Page 3173 . . . . . Wednesday, April 19, 2000

ROLL TEACHERS OF THE YEAR, AN HONORARIUM OF NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH LOCAL TEACHER OF THE YEAR; TO ADD SECTION 59-26-100 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A PROGRAM WHEREBY SCHOOLS AND SCHOOL DISTRICTS MAY BE AWARDED FUNDS TO DEVELOP INCENTIVES FOR THOSE TEACHERS WHO ARE TRAINED TO AND SERVE AS MENTORS TO NEW TEACHERS; TO ADD SECTION 59-139-90 SO AS TO PROVIDE THAT SCHOOL AND DISTRICT STRATEGIC PLANS MUST INCLUDE GOALS AND OBJECTIVES FOR PARENTAL INVOLVEMENT AND METHODS USED FOR DATA COLLECTION TO SUPPORT THE EVALUATION OF PARENTAL INVOLVEMENT EFFORTS, AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL STUDY THE TRAINING, RESPONSIBILITIES, AND FUNDING OF PARA-PROFESSIONALS TO BETTER ENABLE SCHOOLS AND DISTRICTS TO ORGANIZE TEACHER WORK DAYS TO REDUCE TEACHER NONINSTRUCTIONAL DUTIES.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21238SD00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 59-1-420 of the 1976 Code is amended to read:

"Section 59-1-420.   Notwithstanding any other provision of law, Beginning with school year 2000-2001, the statutory school term is one hundred ninety days annually and at least one hundred eighty days must be used for student instruction and. Of the remaining ten days may, two days must be used for preparation of opening and closing of schools, for in-service training, and for teacher planning and preparation time. At least three days may be used for the opening and closing of schools and for teacher planning and preparation and two days may be used in teacher-parent conferences with emphasis upon failing and underachieving students. Provided, further, that conferences may be held on Saturday at the direction of the local school board. Three days must be used for collegial professional development based upon the educational standards as required by Section 59-18-300 of the Education Accountability Act. The professional development shall address, at a minimum, academic achievement standards including strengthening teachers' knowledge in


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their content area, teaching techniques, and assessment. The remaining five days may be used for teacher planning, academic plans, and parent conferences."
SECTION   2.   The 1976 Code is amended by adding:

"Section 59-5-75.     The State Board of Education shall review and make any necessary revisions to regulations to define the criteria for school districts to report out-of-field teaching for teachers who are not teaching one hundred percent of the time in their areas of certification or in a field in which the teachers have twelve or more academic hours from a regionally, state, or nationally accredited program, with special provisions made for phasing in middle level certification."
SECTION   3.   The State Board of Education shall consider establishing immediately for individuals employed as principals the recertification requirement that they must complete in-depth training on ways to support and encourage teachers professionally. The curriculum for the training shall include methods for helping teachers develop professional growth plans, selecting opportunities for growth such as taking courses, serving on committees, providing appropriate positive and corrective feedback to teachers, and appropriately assigning teachers based on skill level, stage in career, and future goals. The Principal Executive Institute, New Principals' Academy, and the Leadership Academy at the State Department of Education shall consider identifying recertification opportunities for principals to meet the requirements outlined above as well as include training in the special needs of beginning teachers, the actions to assist them, and the actions to avoid.
SECTION   4.   The 1976 Code is amended by adding:

"Section 59-5-85.   The State Board of Education and the Department of Education shall review and refine, as necessary, the professional performance dimensions in the state's teacher evaluation program (ADEPT) established in Section 59-26-30(B) to ensure the dimensions are consistent with nationally recognized performance-based accreditation standards and certification standards of the National Board for Professional Teaching Standards certification standards. National board certified teachers shall be included in this review. A report on the changes to the dimensions must be provided to the Education and Public Works Committee of the House of Representatives and the Education Committee of the Senate no later than September 1, 2001.


Printed Page 3175 . . . . . Wednesday, April 19, 2000

The Department of Education shall implement a pilot program to develop procedures and obtain information for including student achievement as a component in the teacher evaluation program (ADEPT). No fewer than five school districts must participate in the development and pilot of the procedures, at least one district designated as impaired is to be included in the pilot if the district chooses. The development of the program is to begin no later than September 1, 2000. A report on the progress of the project and recommendations concerning its implementation is due to the Education Committee of the Senate and the Education and Public Works Committee of the House of Representatives by March 1, 2001.

Further, the Department of Education shall develop guidelines for the teacher induction program, established in Section 59-26-20, which shall include sustained long-term coaching and assistance. Information on best practices in teacher induction programs must be disseminated to school districts. By July 1, 2000, the State Department of Education shall adopt criteria for the selection and training of teachers who serve as mentors for new teachers as a part of the induction program."
SECTION   5.   The 1976 Code is amended by adding:

"Section 59-5-95.   The State Board of Education and the Commission on Higher Education shall appoint a collegial panel of middle grade classroom teachers and teacher preparation faculty to review the National Council for Accreditation of Teacher Education (NCATE) accreditation requirements and recommend any additional training standards and needs for middle grade teacher preparation and professional development courses. The panel shall be a continuing body, shall include representatives of professional organizations, and shall:

(1)   review the state's academic standards in the four core academic areas and current teaching courses;

(2)   determine the knowledge and skills needed by teachers at the middle grades level to teach these standards and assess student progress in learning the standards;

(3)   establish syllabi to guide the development of high quality teacher preparation courses; and

(4)   develop assessments to determine the strengths and weaknesses of the curriculum."
SECTION   6.   The State Board of Education shall:

(1)   establish requirements for initial certification for teaching in the middle grades by October 1, 2000, in consultation with the Middle Grades Task Force. In setting the requirements, the board shall


Printed Page 3176 . . . . . Wednesday, April 19, 2000

consider standards for teacher preparation programs, elimination of the significant overlap in grades between elementary and middle level certification, and determine ways to phase in initial and add-on certification. In addition, the board shall establish a timeline and a staged phase-in of add-on certification for teachers currently teaching in the middle grades;

(2)   immediately consider granting South Carolina certification to out-of-state teachers possessing middle grades certification based on a review of their teaching experience and background rather than requiring them to meet the requirements for elementary or high school certification;

(3)   appoint a collegial panel of middle grades classroom teachers, principals, and teacher preparation faculty to recommend training standards and needs for middle grades preparation and professional development courses for middle grades principals. The panel shall consider, among other areas, the skills and knowledge needed to be a successful middle grades principal and the training needed to carry out the responsibility of supporting, evaluating, and rewarding good teaching;

(4)   revisit and redefine the Defined Program, Grades 6-8, Regulation 43-232, and other appropriate regulations that establish the middle grades requirements. As a part of the review, the board shall consider reducing over time the pupil-teacher ratio maximums of 30 and 35 to 1 in academic courses to a maximum ratio of 24 to 1. The board also shall consider reducing over time the ratio of students to guidance counselors from 500 to 1 to 300 to 1 and establishing that the roles and responsibilities of the guidance counselor at the middle grades are to counsel and give academic and career guidance. Consideration also shall be given to requiring school districts to designate in each middle school a home-school liaison to work with individual families and with community groups to support and encourage the ties between school and home and community.
SECTION   7.   Section 59-5-135(B) of the 1976 Code, as added by Part II, Section 46, Act 100 of 1999, is amended to read:

"(B)   There is created within the State Department of Education the Governor's Institute of Reading. The purpose of the institute is to create a collaborative effort to mobilize education, business, and community resources to ensure that all children learn to read independently and well by the end of the third grade. The purpose of the institute also is to mobilize efforts to improve the reading abilities of students in the middle grades and accelerate the learning of students


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reading below grade level. The Governor's Institute of Reading is based upon a collaborative effort of education professionals and reading experts and designed to promote reading in every school district. To accomplish this mission, the institute shall:

(1)   review the best practices in the teaching of reading;

(2)   provide teachers with professional development and support for implementing best practices in the teaching of reading; and

(3)   award competitive grants to school districts for designing and providing a comprehensive approach to reading instruction based on best practices for the primary grades.

The State Board of Education shall develop guidelines for administering and allocating funds for the Governor's Institute of Reading. Grants must be awarded, beginning with fiscal year 1999-2000, to districts for implementing programs designed to achieve exemplary reading. The department may carry forward any unexpended appropriations to be used for this same purpose from fiscal year to fiscal year."
SECTION   8.   The State Board of Education and Department of Education, in developing the criteria for the new accreditation system mandated by Section 59-18-710 of the 1976 Code, shall consider including as an area the functioning of school improvement councils and other school decision-making groups and their participation in the school planning process in accordance with state requirements.
SECTION   9.   Section 59-26-20(j) of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:

"(j)   the Commission on Higher Education, in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a loan program whereby talented and qualified state residents may be provided loans to attend public or private colleges and universities for the sole purpose and intent of becoming certified teachers employed in the State in areas of critical need. Areas of critical need shall include both rural geographic areas and areas of teacher certification and must be defined annually for that purpose by the State Board of Education. The definitions used in the federal Perkins Loan Program shall serve as the basis for defining 'critical geographical areas'. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest canceled if he becomes certified and teaches in an area of critical need. Should the area of critical need that the loan recipient is teaching in be reclassified during the time of cancellation, the cancellation shall continue as though the critical need area had not


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changed. Additionally, beginning with the 2000-2001 school year, a loan recipient who has not previously qualified for loan cancellation shall qualify if the recipient is teaching in an area newly designated as a critical needs area. Previous loan payments shall not be reimbursed.

Beginning July 1, 2000, the loan must be canceled at the rate of twenty percent or three thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in either an academic critical need area or in a geographic need area. Beginning July 1, 1989, the The loan must be canceled at the rate of thirty-three and one-third percent, or five thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area.

Beginning July 1, 2000, all loan recipients teaching in the public schools of South Carolina but not in an academic or geographic critical need area are to be charged an interest rate below that charged to loan recipients who do not teach in South Carolina.

In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation of deferment of the loan on time, or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program, if implemented, pursuant to the South Carolina Education Improvement Act, is to be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose that the funds were originally appropriated. Appropriations for loans and administrative costs incurred by the corporation are to be provided in annual amounts, recommended by the Commission on Higher Education, to the State Treasurer for use by the corporation. The Education Oversight Committee shall review the loan program annually and report to the General Assembly;"
SECTION   10.   Section 9-1-1795(B) of the 1976 Code, as added by Act 100 of 1999, is amended to read:

"(B)   For the provisions of this section to apply, the Department of Education must review and approve, from the documentation provided by the school district, that no qualified, non-retired member is available


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for employment in the position and that the member selected for employment meets the requirements of this section. However, a school district may not consider a member of the system for employment before July 15 of each year. After approval is received from the Department of Education, school School districts must notify the State Board Department of Education of the engagement of a retired member as a teacher because no qualified nonretired member is available for employment in the position and the department must notify the State Retirement System of their exemption from the earnings limitation. If the employing district fails to notify the department of the engagement of a retired member as a teacher, the district shall reimburse the system for all benefits wrongly paid to the retired member."
SECTION   11.   The 1976 Code is amended by adding:

"Section 59-26-85.   (A)   Teachers who are certified by the National Board for Professional Teaching Standards (NBPTS) shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for National Board certification and NBPTS certified teachers moving to this State are exempted from initial certification requirements and are eligible for continuing contract status and their recertification cycle will be consistent with National Board certification. Teachers receiving national certification from the NBPTS shall receive an increase in pay for the life of the certification. The pay increase shall be determined annually in the appropriations act. The established amount shall be added to the annual pay of the nationally certified teacher.

(B)   The Center for Teacher Recruitment shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and interest shall be forgiven when the required portfolio is submitted to the national board. Teachers attaining certification within three years of receiving the loan will have the full loan principal amount and interest forgiven."
SECTION   12.   The 1976 Code is amended by adding:

"Section 59-26-90.   The State Department of Education shall establish a program for the State Teacher of the Year to include an honorarium of no less than twenty-five thousand dollars. In addition, the program is to recognize the four honor roll teachers of the year with awards of no less than ten thousand dollars each and award local district teachers of the year with honoraria of no less than one thousand dollars each."


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SECTION   13.   The 1976 Code is amended by adding:

"Section 59-26-100.   The State Board of Education, acting though the Department of Education, shall establish a program whereby schools and school districts may be awarded funds to develop various types of incentives for those teachers who are trained and serve as mentors to new teachers as a part of the induction program established in Section 59-26-20. Among the incentives that may qualify are additional pay, release time, and additional assistance in the classroom. To qualify for these funds, the school or school district must meet the criteria established by the state board."
SECTION   14.   The 1976 Code is amended by adding:

"Section 59-139-90.   The school and district strategic plans required in Section 59-139-10 must include stated goals and objectives for parent involvement and methods used for data collection to support statewide evaluation of parent involvement efforts."
SECTION   15.   The State Department of Education shall undertake a study of the training, responsibilities, and funding of para-professionals to better enable school districts and schools to organize teachers' work days so as to reduce teachers' noninstructional duties, such as breakfast, lunch, and bus duty, and provide teachers more time during the school day to plan for instruction and collaborate for improved curriculum delivery. The study must be provided to the Education Committee of the Senate and the Education and Public Works Committee of the House of Representatives no later than August 15, 2000.
SECTION   16.   The 1976 Code is amended by adding:

"Section 59-25-25.   From funds appropriated by the General Assembly, school districts of the State shall offer a 'First-Year Teacher Bonus' to first-year teachers who successfully complete the induction year with an overall rating of 'competent' under the ADEPT Evaluation System and who sign an annual contract for the following school year. The first installment of the bonus shall be paid upon annual contract signing for the second year of teaching, and the final installment shall be paid upon signing a continuing contract to teach the third year. This bonus shall only be applicable to teachers who are paid at the zero years experience level on the State Minimum Salary Schedule. However, individuals who have previous experience as teacher assistants and who are beginning teachers may also qualify for this bonus."


Printed Page 3181 . . . . . Wednesday, April 19, 2000

SECTION   17.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. WALKER explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. WALKER having the floor.

S. 703--RECALLED FROM COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. WITHERSPOON, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:

S. 703 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF AN OFFICIAL SUMMONS BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO AUTHORIZE USE OF THE OFFICIAL SUMMONS BY ANY OFFICER DEPUTIZED BY THE DEPARTMENT PURSUANT TO SECTION 27-16-70(C)(2); AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR THE IMMUNITY FOR DEPUTY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES.

H. 3078--RECALLED FROM COMMITTEE ON JUDICIARY

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

H. 3078 (Word version) -- Rep. Rodgers: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-200 SO AS TO DEVOLVE ALL POWERS, DUTIES, AND RESPONSIBILITIES GRANTED TO COUNTY LEGISLATIVE DELEGATIONS WHICH AFFECT ONLY ONE COUNTY TO THE COUNTY GOVERNING BODY WITH THE


Printed Page 3182 . . . . . Wednesday, April 19, 2000

CONSENT OF THE RESPECTIVE DELEGATION, EXCEPT THOSE POWERS RELATING TO STATEWIDE OR REGIONAL BOARDS, COMMISSIONS, OR OTHER ENTITIES THAT HAVE REPRESENTATIVES ON THE GOVERNING BOARD FROM MORE THAN ONE COUNTY.

H. 4908--RECALLED FROM COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. SHARPE, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:

H. 4908 (Word version) -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-740 SO AS TO ESTABLISH SOUTH CAROLINA YOUTH HUNTING DAYS FOR CERTAIN GAME SPECIES AND TO SPECIFY REQUIREMENTS AND RESTRICTIONS FOR PARTICIPATION.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3005 (Word version) from the Committee on Ways and Means.
Rep. SIMRILL objected.

S. 934--OBJECTION WITHDRAWN

Rep. LEACH, with unanimous consent, withdrew his objection to S. 934; however, other requests for debate and an objection remained on the Bill.

SPEAKER PRO TEMPORE IN CHAIR

H. 3889--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 3889 (Word version) -- Rep. Edge: A BILL TO AMEND CHAPTER 32, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO VACATION TIMESHARING PLANS, BY ADDING ARTICLE 3, SO AS TO PROVIDE PROCEDURES


Printed Page 3183 . . . . . Wednesday, April 19, 2000

FOR THE FORECLOSURE OF LIENS ON TIMESHARE ESTATES; AND TO DESIGNATE SECTIONS 27-32-10 THROUGH 27-32-250 AS ARTICLE 1, CHAPTER 32, TITLE 27, ENTITLED "VACATION TIME SHARING PLANS".

Rep. CAMPSEN explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3393--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration:

H. 3393 (Word version) -- Reps. Law, H. Brown and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.

Rep. HARRELL moved to adjourn debate upon the Senate Amendments until Tuesday, April 25, which was agreed to.

H. 3509--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

The Senate amendments to the following Bill were taken up for consideration:

H. 3509 (Word version) -- Reps. Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham-Richardson, J. H. Neal and Sandifer: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE


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16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.

Rep. D. SMITH proposed the following Amendment No. 1A (Doc Name COUNCIL\BBM\AMEND\9513SOM00), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   (A)   A joint legislative study committee is created to study personal information privacy issues, to examine the relationship of information technology and privacy issues, and to seek to establish an appropriate balance which promotes the use of information for legitimate business purposes, including biometric technology for use in preventing identity theft and fraud, while safeguarding the personal privacy rights of the citizens of South Carolina.

(B)   The joint legislative study committee shall be composed of fifteen members to include:

(1)   three members of the House of Representatives to be appointed by the Chairman of the House Judiciary Committee;

(2)   three members of the Senate to be appointed by the Chairman of the Senate Judiciary Committee;

(3)   two members of the media, one to be appointed by the Chairman of the House Judiciary Committee and one to be appointed by the Chairman of the Senate Judiciary Committee;

(4)   one member of the South Carolina Merchants Association to be jointly appointed by the Chairmen of the House and Senate Judiciary Committees;

(5)   the representative of the National Organization Mandating Equitable Databases or if that organization chooses not to participate, then a representative of a similar personal privacy protection advocacy group to be jointly appointed by the Chairmen of the House and Senate Judiciary Committees;

(6)   two consumer victims of identity fraud, one to be appointed by the Chairman of the House Judiciary Committee and one to be appointed by the Chairman of the Senate Judiciary Committee; and

(7)   three members of the financial services industry, one to be appointed by the Chairman of the Senate Judiciary Committee, one to be appointed by the Chairman of the House Judiciary Committee and one to be jointly appointed by both Chairmen; and two representatives


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of consumer protection organizations to be jointly appointed by both Chairmen.

(C)   The study committee shall submit its report to the General Assembly no later than October 15, 2000, at which time the committee shall be dissolved.

(D)   The study committee shall be staffed by personnel as provided and assigned by the Chairman of the House Judiciary Committee from the House staff and by the Chairman of the Senate Judiciary Committee from the Senate staff." /
Renumber sections to conform.
Amend title to conform.

Rep. DELLENEY explained the amendment.
The amendment was then adopted.

Rep. D. SMITH explained the Senate Amendments.

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

H. 3266--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 3266 (Word version) -- Reps. D. Smith, J. Brown, W. McLeod and Miller: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING ARTICLE 7, SO AS TO ESTABLISH A VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE FOR ITS PURPOSES AND THE PROCEDURES UNDER WHICH IT IS TO OPERATE.

Rep. SHARPE explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.


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H. 4839--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 4839 (Word version) -- Reps. Vaughn, Wilkins, Haskins, Cato, Easterday, Hamilton, Leach, Loftis, McMahand, Rice, F. Smith and Tripp: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE CERTAIN POLLING PLACES, AND DESIGNATE A MAP NUMBER ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 85--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

S. 85 (Word version) -- Senators Thomas and Giese: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES PERMITTED TO VIEW AN EXECUTION, SO AS TO PROVIDE THAT A CONVICT MAY SUBSTITUTE ONE PERSON FOR EITHER HIS COUNSEL OR A MINISTER OF THE GOSPEL, OR TWO PERSONS FOR BOTH HIS COUNSEL AND A MINISTER OF THE GOSPEL.

Rep. COTTY explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

SPEAKER IN CHAIR


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RECURRENCE TO THE MORNING HOUR

Rep. RICE moved that the House recur to the morning hour, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., April 19, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 226:

S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.
The Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act and the Act enrolled for ratification.
The Senate has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.


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H. 4340--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., April 19, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4340:

H. 4340 (Word version) -- Reps. Breeland and Whipper: A BILL TO AMEND SECTION 56-3-8000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY ALSO BE ISSUED TO SOCIAL AND RECREATION CLUBS THAT HAVE OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(7) OF THE FEDERAL INTERNAL REVENUE CODE.
and asks for a Committee of Conference and has appointed Senators LAND, WILSON and ANDERSON of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. TOWNSEND, MILLER and STUART to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORT OF STANDING COMMITTEE

Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4921 (Word version) -- Reps. Inabinett, Allen, Allison, Bailey, Barrett, Bowers, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Carnell, Clyburn, Cooper, Dantzler, Edge, Gilham, Gourdine, Govan, Hamilton, Harrison, Haskins, Hawkins, Hayes, J. Hines, Hinson, Hosey, Howard, Keegan, Kelley, Kirsh, Knotts, Koon, Leach, Lee, Littlejohn, Lloyd, Loftis, Mack, Maddox, McMahand, Miller, J. H. Neal, J. M. Neal, Parks, Phillips, Pinckney, Rhoad, Robinson, Rodgers, Sandifer, Scott,


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Tripp, Walker, Whatley, Whipper, Wilder and Witherspoon: A CONCURRENT RESOLUTION TO MEMORIALIZE AND URGE THE CONGRESS OF THE UNITED STATES TO INVEST IN RURAL AMERICA'S FUTURE AND REVAMP THE NATION'S FARM AND RURAL POLICIES TO ENSURE NO ONE IS LEFT BEHIND DURING THIS TIME OF HISTORIC PROSPERITY BY PASSING A FARM BILL THAT WILL ADDRESS THE NEEDS OF FARMERS, RANCHERS, AND RURAL COMMUNITIES IDENTIFIED BY THE RECENT "RALLY FOR RURAL AMERICA".
Ordered for consideration tomorrow.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4970 (Word version) -- Reps. Battle and M. Hines: A BILL TO AMEND ACT 607 OF 1986, AS AMENDED, RELATING TO THE MARION COUNTY BOARD OF EDUCATION, SO AS TO AUTHORIZE THE BOARD TO ACQUIRE SCHOOL BUILDINGS AND OTHER FACILITIES RELATING TO SCHOOL DISTRICT OPERATIONS, AND TO ALLOW THIS ACQUISITION BY MEANS OF A LEASE PURCHASE AGREEMENT.
On motion of Rep. SHEHEEN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

HOUSE RESOLUTION

On motion of Rep. BAILEY, with unanimous consent, the following was taken up for immediate consideration:

H. 4971 (Word version) -- Rep. Bailey: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA INDEPENDENT SCHOOLS STUDENT ASSOCIATION TO USE THE HOUSE CHAMBER ON TUESDAY, SEPTEMBER 19, 2000, FOR ITS MEETING AND CONFERENCE.

Be it resolved by the House of Representatives:

That the South Carolina Independent Schools Student Association may use the chamber of the House of Representatives on Tuesday,


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September 19, 2000, for its meeting and conference. If the House is in statewide session, the chamber may not be used.

Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.

Be it further resolved that no expenses may be charged to the South Carolina Independent Schools Student Association for the use of the chamber.

The Resolution was adopted.

H. 4899--REQUESTS FOR DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. CAMPSEN having the floor:

H. 4899 (Word version) -- Reps. Campsen, Harrell, Limehouse and Whatley: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REQUIRE THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT TO SUBMIT ITS PROPOSED BUDGETS TO THE COUNTY COUNCIL FOR REVIEW ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, TO AUTHORIZE THE COUNTY COUNCIL TO COMMENT AND MAKE RECOMMENDATIONS ON THE PROPOSED BUDGET TO WHICH THE BOARD MUST RESPOND IN WRITING WHILE LEAVING AUTHORITY TO ACCEPT OR REJECT THESE COMMENTS OR RECOMMENDATIONS WITHIN THE BOARD'S DISCRETION, TO DEVOLVE FROM THE CHARLESTON COUNTY LEGISLATIVE DELEGATION TO THE CHARLESTON COUNTY COUNCIL THE AUTHORITY TO LEVY IN EXCESS OF NINETY MILLS IN PROPERTY TAXES FOR SCHOOL OPERATIONS, AND TO REQUIRE THIS APPROVAL BY ORDINANCE.

Rep. SEITHEL proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22607AC00):
Amend the bill, as and if amended, Section 10, as contained in SECTION 1 of the bill, page 2, immediately after line 21, by inserting:


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/ "Notwithstanding the provisions of this section, the board may increase the millage cap to 103 mils for the 2000-2001 school year and may increase the millage cap above that provided for in this section in subsequent years if necessary to comply with the Education Improvement Act. Additionally, the board must comply with the Commission on Higher Education's audit recommendations." /
Renumber sections to conform.
Amend title to conform.

Rep. CAMPSEN continued speaking.

Reps. SEITHEL, MACK and WHATLEY requested debate on the Bill.

H. 4922--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4922 (Word version) -- Reps. Allison, Davenport and Hawkins: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN SPARTANBURG COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.

Rep. WALKER moved to adjourn debate on the Bill until Tuesday, May 2.

Rep. ALLISON moved to table the motion, which was agreed to by a division vote of 4 to 2.

Rep. WALKER moved to commit the Bill.

Rep. ALLISON moved to table the motion, which was agreed to.


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Rep. WALKER moved to continue the Bill, which was rejected.

The Bill was read second time and ordered to third reading.

ORDERED TO THIRD READING

The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 4962 (Word version) -- Rep. Fleming: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF NOVEMBER 1, 1999, MISSED BY STUDENTS OF JONESVILLE ELEMENTARY SCHOOL IN THE SCHOOL DISTRICT OF UNION COUNTY FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO WATER PROBLEMS IS 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.

H. 4963 (Word version) -- Reps. Neilson, J. Hines and Lucas: A JOINT RESOLUTION TO PROVIDE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, UP TO FOUR SCHOOL DAYS MISSED BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF THE DARLINGTON COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE, SNOW, FLOODING, RESULTING HAZARDOUS ROAD CONDITIONS, OR HEATING PROBLEMS IN ANY PARTICULAR SCHOOL OF THE DISTRICT 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.

H. 4945 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PARENTING FAMILY LITERACY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2482, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. TOWNSEND explained the Joint Resolution.


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H. 4946 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ASSISTING, DEVELOPING, AND EVALUATING PROFESSIONAL TEACHING (ADEPT), DESIGNATED AS REGULATION DOCUMENT NUMBER 2483, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. TOWNSEND explained the Joint Resolution.

S. 1323 (Word version) -- Senators Bauer and Wilson: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD EFFECTIVE JULY 1, 2000, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN WHITMIRE, SOUTH CAROLINA, TO THE TOWN OF WHITMIRE.

H. 4966 (Word version) -- Reps. Maddox, Allen, Martin and Townsend: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.

H. 4962--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WEBB, with unanimous consent, it was ordered that H. 4962 (Word version) be read the third time tomorrow.

H. 4963--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LUCAS, with unanimous consent, it was ordered that H. 4963 (Word version) be read the third time tomorrow.

H. 4945--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4945 (Word version) be read the third time tomorrow.


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H. 4946--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4946 (Word version) be read the third time tomorrow.

S. 1323--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WILDER, with unanimous consent, it was ordered that S. 1323 (Word version) be read the third time tomorrow.

H. 4966--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MADDOX, with unanimous consent, it was ordered that H. 4966 (Word version) be read the third time tomorrow.

H. 4719--REQUESTS FOR DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. WALKER having the floor:

H. 4719 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD THREE DAYS FOR THE NEXT TWO SCHOOL YEARS AND TWO MORE DAYS FOR ALL SCHOOL YEARS THEREAFTER AND TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL DAYS SHALL BE USED; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO


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DEVELOP PROCEDURES FOR INCLUDING STUDENT ACHIEVEMENT AS A COMPONENT OF THE TEACHER EVALUATION PROGRAM AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE TEACHER INDUCTION PROGRAM WHICH SHALL INCLUDE SUSTAINED LONG-TERM COACHING AND ASSISTANCE; TO ADD SECTION 59-5-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION SHALL APPOINT A PANEL TO REVIEW TEACHER EDUCATION ACCREDITATION REQUIREMENTS AND RECOMMEND ANY ADDITIONAL TRAINING STANDARDS FOR MIDDLE GRADE TEACHER PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL TAKE CERTAIN ACTIONS IN REGARD TO MIDDLE SCHOOL GRADES INCLUDING ESTABLISHING REQUIREMENTS FOR CERTIFICATION FOR TEACHING IN THE MIDDLE GRADES, GRANTING STATE CERTIFICATION TO OUT-OF-STATE TEACHERS POSSESSING MIDDLE GRADE CERTIFICATION, APPOINTING A PANEL TO RECOMMEND TRAINING STANDARDS FOR MIDDLE GRADES PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES FOR MIDDLE GRADE PRINCIPALS, REVISING THE REQUIREMENTS OF THE DEFINED PROGRAM FOR THE MIDDLE GRADES INCLUDING REDUCING PUPIL-TEACHER RATIOS AND GUIDANCE COUNSELOR RATIOS; TO ADD SECTION 59-5-105 SO AS TO PROVIDE THAT THE STATE BOARD SHALL TAKE ACTIONS ESTABLISHING COMPETITIVE GRANTS FOR DISTRICTS TO DEVELOP PROGRAMS FOR STUDENTS BELOW GRADE LEVEL IN THE MIDDLE GRADES, AND ESTABLISHING CRITERIA FOR GRANTS FOR MIDDLE GRADE TEACHER NETWORKS TO ENABLE TEAMS OF INTERESTED TEACHERS TO INVESTIGATE AND IMPLEMENT EFFECTIVE TEACHING STRATEGIES; TO AMEND SECTION 59-5-135, AS AMENDED, RELATING TO THE GOVERNOR'S INSTITUTE OF READING UNDER THE DEPARTMENT OF EDUCATION, SO AS TO PROVIDE THAT A PURPOSE OF THE INSTITUTE SHALL ALSO BE TO IMPROVE THE READING ABILITIES OF STUDENTS IN THE MIDDLE GRADES, AND TO PROVIDE FOR THE AWARDING OF COMPETITIVE GRANTS TO SCHOOL DISTRICTS BY THE INSTITUTE DESIGNED TO IMPROVE

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READING IN THE MIDDLE GRADES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION IN DEVELOPING CRITERIA FOR THE NEW ACCREDITATION SYSTEM UNDER THE EDUCATION ACCOUNTABILITY ACT SHALL CONSIDER INCLUDING THE FUNCTIONING OF SCHOOL IMPROVEMENT COUNCILS AND THE PARTICIPATION OF OTHER SCHOOL GROUPS; TO ADD SECTION 59-25-45 SO AS TO PROVIDE THAT TEACHERS WORKING LESS THAN THIRTY HOURS A WEEK BUT MORE THAN FIFTEEN HOURS A WEEK SHALL QUALIFY FOR STATE HEALTH AND DENTAL INSURANCE, AND TO PROVIDE FOR THE MANNER IN WHICH THE COST THEREOF SHALL BE PAID; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION IN REGARD TO CERTAIN MATTERS INCLUDING THE ADMINISTRATION OF THE LOAN PROGRAM DESIGNED TO DEVELOP QUALIFIED TEACHERS, SO AS TO PROVIDE THAT AREAS OF CRITICAL NEED SHALL ALSO INCLUDE CRITICAL GEOGRAPHICAL AREAS AND TO PROVIDE BEGINNING JULY 1, 2000, FOR THE MANNER IN WHICH LOANS MAY BE FORGIVEN FOR TEACHERS INCLUDING TEACHERS SERVING IN CRITICAL NEED AND GEOGRAPHICAL NEED AREAS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS) SHALL BE EXEMPTED FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, SHALL RECEIVE A SPECIFIED INCREASE IN PAY, AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF SUCH CERTIFICATION; TO ADD SECTION 59-26-90 SO AS TO PROVIDE FOR AN HONORARIUM OF NO LESS THAN TWENTY-FIVE THOUSAND DOLLARS FOR THE STATE TEACHER OF THE YEAR, AN HONORARIUM OF NO LESS THAN TEN THOUSAND DOLLARS FOR THE FOUR HONOR ROLL TEACHERS OF THE YEAR, AN HONORARIUM OF NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH LOCAL TEACHER OF THE YEAR; TO ADD SECTION 59-26-100 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A PROGRAM WHEREBY SCHOOLS AND SCHOOL DISTRICTS MAY BE AWARDED FUNDS TO DEVELOP

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INCENTIVES FOR THOSE TEACHERS WHO ARE TRAINED TO AND SERVE AS MENTORS TO NEW TEACHERS; TO ADD SECTION 59-139-90 SO AS TO PROVIDE THAT SCHOOL AND DISTRICT STRATEGIC PLANS MUST INCLUDE GOALS AND OBJECTIVES FOR PARENTAL INVOLVEMENT AND METHODS USED FOR DATA COLLECTION TO SUPPORT THE EVALUATION OF PARENTAL INVOLVEMENT EFFORTS, AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL STUDY THE TRAINING, RESPONSIBILITIES, AND FUNDING OF PARA-PROFESSIONALS TO BETTER ENABLE SCHOOLS AND DISTRICTS TO ORGANIZE TEACHER WORK DAYS TO REDUCE TEACHER NONINSTRUCTIONAL DUTIES.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21238SD00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 59-1-420 of the 1976 Code is amended to read:

"Section 59-1-420.   Notwithstanding any other provision of law, Beginning with school year 2000-2001, the statutory school term is one hundred ninety days annually and at least one hundred eighty days must be used for student instruction and. Of the remaining ten days may, two days must be used for preparation of opening and closing of schools, for in-service training, and for teacher planning and preparation time. At least three days may be used for the opening and closing of schools and for teacher planning and preparation and two days may be used in teacher-parent conferences with emphasis upon failing and underachieving students. Provided, further, that conferences may be held on Saturday at the direction of the local school board. Three days must be used for collegial professional development based upon the educational standards as required by Section 59-18-300 of the Education Accountability Act. The professional development shall address, at a minimum, academic achievement standards including strengthening teachers' knowledge in their content area, teaching techniques, and assessment. The remaining five days may be used for teacher planning, academic plans, and parent conferences."
SECTION   2.   The 1976 Code is amended by adding:

"Section 59-5-75.     The State Board of Education shall review and make any necessary revisions to regulations to define the criteria


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for school districts to report out-of-field teaching for teachers who are not teaching one hundred percent of the time in their areas of certification or in a field in which the teachers have twelve or more academic hours from a regionally, state, or nationally accredited program, with special provisions made for phasing in middle level certification."
SECTION   3.   The State Board of Education shall consider establishing immediately for individuals employed as principals the recertification requirement that they must complete in-depth training on ways to support and encourage teachers professionally. The curriculum for the training shall include methods for helping teachers develop professional growth plans, selecting opportunities for growth such as taking courses, serving on committees, providing appropriate positive and corrective feedback to teachers, and appropriately assigning teachers based on skill level, stage in career, and future goals. The Principal Executive Institute, New Principals' Academy, and the Leadership Academy at the State Department of Education shall consider identifying recertification opportunities for principals to meet the requirements outlined above as well as include training in the special needs of beginning teachers, the actions to assist them, and the actions to avoid.
SECTION   4.   The 1976 Code is amended by adding:

"Section 59-5-85.   The State Board of Education and the Department of Education shall review and refine, as necessary, the professional performance dimensions in the state's teacher evaluation program (ADEPT) established in Section 59-26-30(B) to ensure the dimensions are consistent with nationally recognized performance-based accreditation standards and certification standards of the National Board for Professional Teaching Standards certification standards. National board certified teachers shall be included in this review. A report on the changes to the dimensions must be provided to the Education and Public Works Committee of the House of Representatives and the Education Committee of the Senate no later than September 1, 2001.

The Department of Education shall implement a pilot program to develop procedures and obtain information for including student achievement as a component in the teacher evaluation program (ADEPT). No fewer than five school districts must participate in the development and pilot of the procedures, at least one district designated as impaired is to be included in the pilot if the district chooses. The development of the program is to begin no later than September 1,


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2000. A report on the progress of the project and recommendations concerning its implementation is due to the Education Committee of the Senate and the Education and Public Works Committee of the House of Representatives by March 1, 2001.

Further, the Department of Education shall develop guidelines for the teacher induction program, established in Section 59-26-20, which shall include sustained long-term coaching and assistance. Information on best practices in teacher induction programs must be disseminated to school districts. By July 1, 2000, the State Department of Education shall adopt criteria for the selection and training of teachers who serve as mentors for new teachers as a part of the induction program."
SECTION   5.   The 1976 Code is amended by adding:

"Section 59-5-95.   The State Board of Education and the Commission on Higher Education shall appoint a collegial panel of middle grade classroom teachers and teacher preparation faculty to review the National Council for Accreditation of Teacher Education (NCATE) accreditation requirements and recommend any additional training standards and needs for middle grade teacher preparation and professional development courses. The panel shall be a continuing body, shall include representatives of professional organizations, and shall:

(1)   review the state's academic standards in the four core academic areas and current teaching courses;

(2)   determine the knowledge and skills needed by teachers at the middle grades level to teach these standards and assess student progress in learning the standards;

(3)   establish syllabi to guide the development of high quality teacher preparation courses; and

(4)   develop assessments to determine the strengths and weaknesses of the curriculum."
SECTION   6.   The State Board of Education shall:

(1)   establish requirements for initial certification for teaching in the middle grades by October 1, 2000, in consultation with the Middle Grades Task Force. In setting the requirements, the board shall consider standards for teacher preparation programs, elimination of the significant overlap in grades between elementary and middle level certification, and determine ways to phase in initial and add-on certification. In addition, the board shall establish a timeline and a staged phase-in of add-on certification for teachers currently teaching in the middle grades;


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(2)   immediately consider granting South Carolina certification to out-of-state teachers possessing middle grades certification based on a review of their teaching experience and background rather than requiring them to meet the requirements for elementary or high school certification;

(3)   appoint a collegial panel of middle grades classroom teachers, principals, and teacher preparation faculty to recommend training standards and needs for middle grades preparation and professional development courses for middle grades principals. The panel shall consider, among other areas, the skills and knowledge needed to be a successful middle grades principal and the training needed to carry out the responsibility of supporting, evaluating, and rewarding good teaching;

(4)   revisit and redefine the Defined Program, Grades 6-8, Regulation 43-232, and other appropriate regulations that establish the middle grades requirements. As a part of the review, the board shall consider reducing over time the pupil-teacher ratio maximums of 30 and 35 to 1 in academic courses to a maximum ratio of 24 to 1. The board also shall consider reducing over time the ratio of students to guidance counselors from 500 to 1 to 300 to 1 and establishing that the roles and responsibilities of the guidance counselor at the middle grades are to counsel and give academic and career guidance. Consideration also shall be given to requiring school districts to designate in each middle school a home-school liaison to work with individual families and with community groups to support and encourage the ties between school and home and community.
SECTION   7.   Section 59-5-135(B) of the 1976 Code, as added by Part II, Section 46, Act 100 of 1999, is amended to read:

"(B)   There is created within the State Department of Education the Governor's Institute of Reading. The purpose of the institute is to create a collaborative effort to mobilize education, business, and community resources to ensure that all children learn to read independently and well by the end of the third grade. The purpose of the institute also is to mobilize efforts to improve the reading abilities of students in the middle grades and accelerate the learning of students reading below grade level. The Governor's Institute of Reading is based upon a collaborative effort of education professionals and reading experts and designed to promote reading in every school district. To accomplish this mission, the institute shall:

(1)   review the best practices in the teaching of reading;


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(2)   provide teachers with professional development and support for implementing best practices in the teaching of reading; and

(3)   award competitive grants to school districts for designing and providing a comprehensive approach to reading instruction based on best practices for the primary grades.

The State Board of Education shall develop guidelines for administering and allocating funds for the Governor's Institute of Reading. Grants must be awarded, beginning with fiscal year 1999-2000, to districts for implementing programs designed to achieve exemplary reading. The department may carry forward any unexpended appropriations to be used for this same purpose from fiscal year to fiscal year."
SECTION   8.   The State Board of Education and Department of Education, in developing the criteria for the new accreditation system mandated by Section 59-18-710 of the 1976 Code, shall consider including as an area the functioning of school improvement councils and other school decision-making groups and their participation in the school planning process in accordance with state requirements.
SECTION   9.   Section 59-26-20(j) of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:

"(j)   the Commission on Higher Education, in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a loan program whereby talented and qualified state residents may be provided loans to attend public or private colleges and universities for the sole purpose and intent of becoming certified teachers employed in the State in areas of critical need. Areas of critical need shall include both rural geographic areas and areas of teacher certification and must be defined annually for that purpose by the State Board of Education. The definitions used in the federal Perkins Loan Program shall serve as the basis for defining 'critical geographical areas'. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest canceled if he becomes certified and teaches in an area of critical need. Should the area of critical need that the loan recipient is teaching in be reclassified during the time of cancellation, the cancellation shall continue as though the critical need area had not changed. Additionally, beginning with the 2000-2001 school year, a loan recipient who has not previously qualified for loan cancellation shall qualify if the recipient is teaching in an area newly designated as a critical needs area. Previous loan payments shall not be reimbursed.


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Beginning July 1, 2000, the loan must be canceled at the rate of twenty percent or three thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in either an academic critical need area or in a geographic need area. Beginning July 1, 1989, the The loan must be canceled at the rate of thirty-three and one-third percent, or five thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area.

Beginning July 1, 2000, all loan recipients teaching in the public schools of South Carolina but not in an academic or geographic critical need area are to be charged an interest rate below that charged to loan recipients who do not teach in South Carolina.

In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation of deferment of the loan on time, or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program, if implemented, pursuant to the South Carolina Education Improvement Act, is to be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose that the funds were originally appropriated. Appropriations for loans and administrative costs incurred by the corporation are to be provided in annual amounts, recommended by the Commission on Higher Education, to the State Treasurer for use by the corporation. The Education Oversight Committee shall review the loan program annually and report to the General Assembly;"
SECTION   10.   Section 9-1-1795(B) of the 1976 Code, as added by Act 100 of 1999, is amended to read:

"(B)   For the provisions of this section to apply, the Department of Education must review and approve, from the documentation provided by the school district, that no qualified, non-retired member is available for employment in the position and that the member selected for employment meets the requirements of this section. However, a school district may not consider a member of the system for employment before July 15 of each year. After approval is received from the


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Department of Education, school School districts must notify the State Board Department of Education of the engagement of a retired member as a teacher because no qualified nonretired member is available for employment in the position and the department must notify the State Retirement System of their exemption from the earnings limitation. If the employing district fails to notify the department of the engagement of a retired member as a teacher, the district shall reimburse the system for all benefits wrongly paid to the retired member."
SECTION   11.   The 1976 Code is amended by adding:

"Section 59-26-85.   (A)   Teachers who are certified by the National Board for Professional Teaching Standards (NBPTS) shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for National Board certification and NBPTS certified teachers moving to this State are exempted from initial certification requirements and are eligible for continuing contract status and their recertification cycle will be consistent with National Board certification. Teachers receiving national certification from the NBPTS shall receive an increase in pay for the life of the certification. The pay increase shall be determined annually in the appropriations act. The established amount shall be added to the annual pay of the nationally certified teacher.

(B)   The Center for Teacher Recruitment shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and interest shall be forgiven when the required portfolio is submitted to the national board. Teachers attaining certification within three years of receiving the loan will have the full loan principal amount and interest forgiven."
SECTION   12.   The 1976 Code is amended by adding:

"Section 59-26-90.   The State Department of Education shall establish a program for the State Teacher of the Year to include an honorarium of no less than twenty-five thousand dollars. In addition, the program is to recognize the four honor roll teachers of the year with awards of no less than ten thousand dollars each and award local district teachers of the year with honoraria of no less than one thousand dollars each."
SECTION   13.   The 1976 Code is amended by adding:

"Section 59-26-100.   The State Board of Education, acting though the Department of Education, shall establish a program whereby schools and school districts may be awarded funds to develop various


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types of incentives for those teachers who are trained and serve as mentors to new teachers as a part of the induction program established in Section 59-26-20. Among the incentives that may qualify are additional pay, release time, and additional assistance in the classroom. To qualify for these funds, the school or school district must meet the criteria established by the state board."
SECTION   14.   The 1976 Code is amended by adding:

"Section 59-139-90.   The school and district strategic plans required in Section 59-139-10 must include stated goals and objectives for parent involvement and methods used for data collection to support statewide evaluation of parent involvement efforts."
SECTION   15.   The State Department of Education shall undertake a study of the training, responsibilities, and funding of para-professionals to better enable school districts and schools to organize teachers' work days so as to reduce teachers' noninstructional duties, such as breakfast, lunch, and bus duty, and provide teachers more time during the school day to plan for instruction and collaborate for improved curriculum delivery. The study must be provided to the Education Committee of the Senate and the Education and Public Works Committee of the House of Representatives no later than August 15, 2000.
SECTION   16.   The 1976 Code is amended by adding:

"Section 59-25-25.   From funds appropriated by the General Assembly, school districts of the State shall offer a 'First-Year Teacher Bonus' to first-year teachers who successfully complete the induction year with an overall rating of 'competent' under the ADEPT Evaluation System and who sign an annual contract for the following school year. The first installment of the bonus shall be paid upon annual contract signing for the second year of teaching, and the final installment shall be paid upon signing a continuing contract to teach the third year. This bonus shall only be applicable to teachers who are paid at the zero years experience level on the State Minimum Salary Schedule. However, individuals who have previous experience as teacher assistants and who are beginning teachers may also qualify for this bonus."
SECTION   17.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. WALKER continued speaking.


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Rep. TOWNSEND spoke in favor of the amendment.

Reps. BALES, J. BROWN, LLOYD, GOURDINE, HOSEY, J. SMITH, TOWNSEND, WALKER, M. HINES, RODGERS, MARTIN, COTTY, WILDER, LITTLEJOHN and WEBB requested debate on the Bill.

H. 4950--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Joint Resolution, which was adopted:

H. 4950 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO THE RESPONSIBILITIES OF THE COMPTROLLER GENERAL AND THE DEPARTMENT OF REVENUE WITH RESPECT TO PROPERTY TAXATION AND FEES IN LIEU OF PROPERTY TAXES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2474, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3831--POINT OF ORDER

The following Bill was taken up:

H. 3831 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 57-25-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO PROVIDE THAT COMPENSATION FOR THIS PURPOSE IS CONSIDERED TO BE FAIR MARKET VALUE OF THE PARTICULAR INTEREST OF EACH PARTY HAVING AN INTEREST IN THE LOCATION OF THE SIGN WHICH SHALL BE DETERMINED THROUGH APPRAISAL METHODS USED TO DETERMINE JUST COMPENSATION UNDER THE EMINENT DOMAIN PROCEDURE ACT, TO FURTHER PROVIDE FOR THE MANNER IN WHICH COMPENSATION MUST BE PAID PRIOR TO THE REMOVAL OF SUCH SIGNS, AND TO PROVIDE THAT NO POLITICAL SUBDIVISION OF THIS STATE MAY REQUIRE THE REMOVAL OF AN EXISTING SIGN FOR REASONS OTHER THAN TRAFFIC SAFETY OR PROXIMITY TO SPECIFIED LOCATIONS; AND TO ADD SECTION 57-25-191 SO AS TO


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PROVIDE FOR ADDITIONAL PROCEDURAL REQUIREMENTS IN REGARD TO THE ENACTING OF ZONING PLANS OR ORDINANCES BY A POLITICAL SUBDIVISION RELATING TO OUTDOOR ADVERTISING SIGNS.

POINT OF ORDER

Rep. SIMRILL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4960--POINT OF ORDER

The following Joint Resolution was taken up:

H. 4960 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO PROVIDE THE FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE CREATED TO STUDY THE FEASIBILITY OF CREATING A MASS TRANSPORTATION SYSTEM FOR THE STATE.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4950--RECONSIDERED, REQUESTS FOR DEBATE AND ORDERED TO THIRD READING

Rep. HARRELL moved to reconsider the vote whereby debate was adjourned on the following Joint Resolution, which was agreed to:

H. 4950 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO THE RESPONSIBILITIES OF THE COMPTROLLER GENERAL AND THE DEPARTMENT OF REVENUE WITH RESPECT TO PROPERTY TAXATION AND FEES IN LIEU OF PROPERTY TAXES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2474, PURSUANT TO THE


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PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Reps. KNOTTS, WHATLEY and BAILEY requested debate on the Joint Resolution.

Rep. R. SMITH explained the Joint Resolution.

The Joint Resolution was read second time and ordered to third reading.

OBJECTION TO MOTION

Rep. R. SMITH asked unanimous consent that H. 4950 (Word version) be read a third time tomorrow.
Rep. DAVENPORT objected.

Rep. MCMAHAND moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4959 (Word version) -- Reps. Barfield, Edge, Law, Keegan, Kelley, Miller, Witherspoon, Allen, Allison, Altman, Askins, Bailey, Bales, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING AND OFFERING SINCERE APPRECIATION


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TO MISS LISA RABON OF HORRY COUNTY FOR HER REPRESENTATION OF OUR STATE IN THE MISS USA 2000 PAGEANT FINISHING AS A SEMI-FINALIST, AND EPITOMIZING THE VERY BEST ROLE MODEL OUR STATE CAN HAVE IN NATIONAL COMPETITION.

H. 4965 (Word version) -- Reps. R. Smith, Clyburn, Perry and Sharpe: A CONCURRENT RESOLUTION TO RECOGNIZE EUGENE FRANCIS MCMANUS, M. D., UPON THE OCCASION OF HIS RETIREMENT AFTER PRACTICING PEDIATRIC MEDICINE IN AIKEN COUNTY FOR THIRTY-FOUR YEARS, DURING WHICH TIME HE WAS HONORED AS BOTH PHYSICIAN OF THE YEAR BY THE AIKEN MEDICAL ASSOCIATION AND VOLUNTEER PHYSICIAN OF THE YEAR BY THE LOWER SAVANNAH HEALTH DISTRICT.

H. 4509 (Word version) -- Reps. Fleming and Hawkins: A CONCURRENT RESOLUTION TO DIRECT THE UNION COUNTY VETERANS AFFAIRS OFFICE TO PLACE A MARKER AT THE JUNCTION OF HIGHWAY 114 AND TUMP SMITH ROAD IN UNION COUNTY TO RECOGNIZE AND COMMEMORATE THE RESTORED GRAVESITE OF THE COURAGEOUS REVOLUTIONARY WAR SCOUT, JAMES THOMAS (OLD HI-KY) MOSELEY.

H. 4517 (Word version) -- Reps. Keegan, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, 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, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper,


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Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO REMEMBER THE SACRIFICES AND CONTRIBUTIONS OF THE BRAVE MEN WHO PERISHED ON THE S.S. LEOPOLDVILLE ON DECEMBER 24, 1944, DURING WORLD WAR II.

ADJOURNMENT

At 12:30 p.m. the House, in accordance with the motion of Rep. J. HINES, adjourned in memory of Edena Sarah Watford Fields of Lamar, to meet at 10:00 a.m. tomorrow.

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