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H. 4995 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO HALF-DAY CHILD DEVELOPMENT PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1715, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4998 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1736, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4999 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE COLLEGES AND UNIVERSITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1737, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5001 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO FAILURE TO APPEAR AT HEARING BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 1743, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5002 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS & LAND

The following Joint Resolution was taken up.

H. 4996 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED REMEDIAL EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND ACADEMIC ASSISTANCE PROGRAMS (GRADES 4-12), DESIGNATED AS REGULATION DOCUMENT NUMBER 1716, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

Rep. ROGERS moved to adjourn debate upon the Joint Resolution until Thursday, April 21, which was adopted.

Rep. ROGERS moved to adjourn debate upon the following Joint Resolution until Thursday, April 21, which was adopted.

H. 4997 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED COMPENSATORY EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND EARLY CHILDHOOD ASSISTANCE PROGRAMS, GRADES K-3 (REPLACES), DESIGNATED AS REGULATION DOCUMENT NUMBER 1717, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bill was taken up.

S. 32 -- Senators Wilson, Ryberg, Russell, Rose and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5854HTC.94).

Amend the bill, as and if amended, by striking subsections (B) and (D) of Section 15-75-40, as contained in SECTION 1, beginning on page 1, and inserting:

/(B) In a proceeding brought under this section the burden of proof is by a preponderance of the evidence.

(D) Parents or legal guardians of an unemancipated minor are civilly liable for the minor who commits shoplifting against the property of a store or other retail mercantile establishment to the operator of the establishment in an amount consisting of:

(1) the retail price of the merchandise if not recovered in merchantable condition up to an amount not to exceed fifteen hundred dollars; plus

(2) a penalty not to exceed the greater of three times the retail price of the merchandise or one hundred fifty dollars. In no event may the penalty exceed five hundred dollars./

Amend further, Section 15-75-40, SECTION 1, by adding:

/(L) A store which utilizes the provisions of this section is prohibited from subsequently filing criminal charges against the individual pursuant to Section 16-13-110."/

Amend further, by striking SECTION 2 and inserting:

/SECTION 2. This act takes effect July 1, 1994, and applies to acts committed after June 30, 1994./

Reletter subsections to conform.

Amend title to conform.

Rep. HUFF explained the amendment and moved to adjourn debate upon the Bill until Thursday, April 21, which was adopted.

The following Bill was taken up.

H. 4780 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-65 SO AS TO PROVIDE THAT A RESIDENT OF A NURSING HOME OF THIS STATE MAY CONTRACT WITH A PERSON NOT

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9096SD.94), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 44-81-40 of the 1976 Code, as amended by Act 474 of 1992, is further amended by adding:

(O) A resident may contract with a person not associated with or employed by the facility to perform sitter services unless the services are prohibited from being performed by a private contractor by state or federal law or by the written contract between the facility and the resident. The person, being a private contractor, is required to abide by and follow the policies and procedures of the facility as they pertain to sitters and volunteers. All residents employing a private contractor must agree in writing to hold the facility harmless from any liability."

SECTION 2. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HOUCK explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

The following Bill was taken up.

S. 1021 -- Senator Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-55 SO AS TO PROVIDE THAT RESPONSIBILITY FOR THE COSTS OF MEDICAL CARE FOR AN ARRESTED PERSON MUST FIRST BE FROM THE ARRESTED PERSON'S INSURANCE OR FINANCIAL RESOURCES AND THEN FROM GOVERNMENT FUNDS.

Amend the bill, as and if amended, by striking Section 17-13-55 of the 1976 Code, as contained in SECTION 1, and inserting:

/"Section 17-13-55. (A) The constitutional duty to provide an arrested person with medical care is not affected by this section.

(B) The responsibility for paying the expenses of medical care, treatment, hospitalization, and transportation for any person ill, wounded, or otherwise injured during or at the time of arrest for any violation of a state law or a county or municipal ordinance is the responsibility of the person receiving the care, treatment, hospitalization, and transportation. The responsibility for the payment of such expenses for the continuation of medical care or treatment the person was receiving prior to his arrest is also the responsibility of that person.

(C) The provider of services to an arrested person shall seek reimbursement for the expenses incurred in providing medical care, treatment, hospitalization, or transportation from the following sources in the following order:

(1) from an insurance company, health care corporation, or other source if the arrested person is covered by an insurance policy or subscribes to a health care corporation or other source for those expenses;

(2) from the arrested person receiving the medical care, treatment, hospitalization, or transportation;

(3) from a financial settlement for the medical care, treatment, hospitalization, or transportation payable or accruing to the arrested person;

(4) from the state general fund;

(5) from the general fund of the county in which the person was arrested if the arrest was for a violation of state law or county ordinance, or from the municipal general fund if the arrest was for violation of a municipal ordinance.

(D) The responsibility of the state general fund or a county or municipal general fund for payment of these medical costs shall exist until the time that an arrested person is released from the custody of the arresting or detaining agency.

(E) For purposes of this section only, the terms `arrest', `arrested', and `arresting' shall include the taking into custody or detention of any person without a formal arrest being made."/

Amend the bill further, as and if amended, by adding a new SECTION to be appropriately numbered to read:

/"(4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties of this State must include secure juvenile detention centers. The size and capacity of the juvenile detention facilities needed shall be determined by the department after its consideration and review of American Correctional Association standards for the design, construction, and operation of juvenile detention facilities. These recognized national standards must be met or exceeded by the department in determining the size and capacity of the juvenile detention centers and in planning for the construction and operation of the facilities. The department shall determine and announce the anticipated maximum operational capacity of each facility and shall contact each county governmental body in this State for the purpose of determining which counties anticipate utilizing these facilities upon each facility becoming operational. The department shall inform each county governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's ability to develop its own facility or to contract with other counties for the development of a regional facility, and of the availability of the department's facilities. This notice must be provided to each county for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular county who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. No later than September 1, 1993, the department shall report to the Budget and Control Board on the strategy of each county to comply with Sections 20-7-600 and 20-7-605. The department must include with its report a plan for the construction and the operation of those facilities which are projected to be necessary for the preadjudicatory detention of juveniles in this State. No later than September first of each subsequent year, the department shall report to the board on the status of all preadjudicatory juvenile detention facilities known to be operational or planned, regardless of ownership or management. The board then will coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles in adult jails anywhere within the State of South Carolina. Upon completion of each

Amend totals and title to conform.

Rep. LANFORD explained the amendment.

The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.

Rep. LANFORD continued speaking.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

Rep. GONZALES moved that the House recur to the morning hour, which was agreed to by a division vote of 53 to 29.

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

S. 992 -- Senator Land: A BILL TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE FOR AN ADDITIONAL HUNTING VIOLATION PERTAINING TO RACCOONS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR RACCOON AND OPOSSUM IN GAME ZONE 9; TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO REQUIREMENTS FOR HUNTING RACCOONS AND OPOSSUMS, SO AS TO INCLUDE FOX AND PROVIDE FOR ADDITIONAL REQUIREMENTS AND PENALTIES; AND TO AMEND SECTION 50-11-2500, AS AMENDED, RELATING TO PERMITS TO HOLD FUR AFTER THE SEASON FOR TAKING FURBEARERS, SO AS TO INCLUDE FURBEARERS AND THEIR PELTS WITHIN THE PERMIT APPLICATION AND RELATED REQUIREMENTS.

Ordered for consideration tomorrow.

S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.

Ordered for consideration tomorrow.

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

H. 5146 -- Rep. Whipper: A BILL TO AUTHORIZE THE CHARLESTON COUNTY SCHOOL DISTRICT TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.

On motion of Rep. WHIPPER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

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

H. 5147 -- Rep. Waites: A CONCURRENT RESOLUTION TO RECOGNIZE THURSDAY, APRIL 28, 1994, AS "TAKE OUR DAUGHTERS TO WORK DAY" AND TO COMMEND EMPLOYERS AND THOSE PARTICIPATING FOR CREATING AN OPPORTUNITY FOR YOUNG WOMEN TO BEGIN LOOKING TO THEIR FUTURES IN THE WORK FORCE WITH REALISM AND OPTIMISM.

Whereas, on April 28, 1993, nearly a million American girls and their parents made history by participating in the first "Take Our Daughters to Work Day"; and

Whereas, across the country thousands of girls ages nine to fifteen accompanied parents, relatives, teachers, and family friends to work to gain firsthand exposure to the American workplace; and

Whereas, recent studies indicate adolescence takes a greater toll on the self esteem of girls than on boys and that exposure to the work environment yields many benefits; and

Whereas, by participating in the "Take Our Daughters to Work Day", young women are given an opportunity to look to their futures with realism and optimism based on their own firsthand experiences. Now, therefore,

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

That Thursday, April 28, 1994, is recognized as "Take Our Daughters to Work Day" and that the employers, parents, and young women participating in this event are commended for creating the opportunity for these young women to begin looking to their futures in the workplace with realism and optimism.

Be it further resolved that a copy of this resolution be forwarded to Donna Jordan, Coordinator, Take Our Daughters to Work Day, Post Office Box 210875, Columbia, South Carolina 29221-0875.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

Rep. LANFORD moved to reconsider the vote whereby the following Joint Resolution, as amended, was given a second reading, which was agreed to.

S. 1116 -- Senators Drummond, Washington, Patterson, Leventis, Peeler and J. Verne Smith: A JOINT RESOLUTION TO REAUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.

Rep. LANFORD moved to reconsider the vote whereby Amendment No. 1 was adopted.

Rep. WALDROP spoke against the motion to reconsider.

Rep. LANFORD spoke in favor of the motion to reconsider.

Rep. WALDROP spoke against the motion to reconsider.

The motion to reconsider was then agreed to.

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