Printed Page 5880, May 11
| Printed Page 5900, May 11
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Printed Page 5880, May 11
| Printed Page 5900, May 11
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Those who voted in the affirmative are:
Littlejohn McCraw Phillips
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 5205 -- Reps. Tucker and Chamblee: A BILL TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS IN ANDERSON COUNTY, SO AS TO REVISE THE AREAS OR DISTRICTS FROM WHICH TRUSTEES OF SCHOOL DISTRICT 4 ARE ELECTED AND PROVIDE THAT THE TRUSTEES MUST BE ELECTED FROM THE ELECTION DISTRICTS IN WHICH THEY RESIDE.
S. 1212 -- Senators Setzler and Giese: A BILL TO AMEND SECTION 8-17-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO REVISE THE DEFINITION OF A "PROBATIONARY EMPLOYEE", AS IT RELATES TO FACULTY AT STATE TECHNICAL COLLEGES, AND TO CLARIFY THIS DEFINITION'S EFFECTIVE DATE.
Rep. BOAN explained the Bill.
On motion of Rep. CHAMBLEE, with unanimous consent, it was ordered that H. 5205 be read the third time tomorrow.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 443 -- Senators Richter, Rose, Giese and Reese: A BILL TO AMEND SECTION 30-4-40(a)(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS DECLARED EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN PUBLIC DOCUMENTS OR RECORDS OF A PERSONAL NATURE MAY NOT BE DISCLOSED FOR COMMERCIAL SOLICITATION.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.
H. 4912 -- Rep. Cobb-Hunter: A JOINT RESOLUTION TO CREATE AN ADVISORY COMMITTEE ON FAMILY VIOLENCE TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES, TO PROVIDE FOR ITS MEMBERSHIP AND METHOD OF APPOINTMENT, POWERS AND DUTIES, AND ITS TERMINATION.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. BOAN having the floor.
S. 1182 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-1-85 SO AS TO REQUIRE THE INDENTURE FOR A TAX-EXEMPT BOND TO INCLUDE A COVENANT TO FILE AN ANNUAL INDEPENDENT AUDIT WITH A CENTRAL REPOSITORY AND SIMILARLY TO FILE WITH A CENTRAL REPOSITORY EVENT SPECIFIC INFORMATION ADVERSELY AFFECTING MORE THAN FIVE PERCENT OF REVENUE.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 10, by the Committee on Ways and Means.
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.
H. 5086 -- Reps. D. Smith and Tucker: A BILL TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE PERSONS WHO MUST BE ADMITTED TO RECEIVE SERVICES FROM THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED PERSONS
Rep. D. SMITH proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16251AC.94), which was adopted.
Amend the bill, as and if amended, by deleting on page 1, line 26 /shall must/ and inserting /shall/.
Amend title to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 4402 -- Reps. Thomas, Rudnick and Keyserling: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR CONSUMPTION.
Amend the joint resolution, as and if amended, by striking Section 1 as contained in SECTION 1, beginning on page 2, and inserting:
/Section 1. In the exercise of the police power the General Assembly shall have has the right to prohibit the manufacture and, sale, and retail, and consumption of alcoholic liquors or beverages within the State. The General Assembly may license persons or corporations to manufacture and, sell, and retail alcoholic liquors or beverages within the State under such rules and restrictions as it deems considers proper; or the General Assembly may prohibit the manufacture and sale and retail of alcoholic liquors and beverages within the State, and may authorize and empower State, county and municipal officers, all or either, under the authority and in the name of the State, to buy in any market and retail within the State liquors and beverages in such packages and quantities, under such rules and regulations, as it deems expedient. Provided, that no license shall be granted to sell alcoholic beverages in less quantities than one ounce in licensed retail stores, or to sell them between seven o'clock p. m. and nine o'clock a. m., or to sell them to be drunk on the premises; provided, further, that The General Assembly shall not delegate to any municipal corporation the power to issue licenses to sell the same alcoholic liquors or beverages.
Provided, further, that licenses may be granted to sell and consume alcoholic liquors and beverages in sealed containers of two ounces or less in businesses which engage primarily and substantially in the preparation and serving of meals or furnishing of lodging or on premises of certain nonprofit organizations with limited membership not open to the general public, during such hours as the General Assembly may provide./
Amend further, SECTION 2, by striking the question and inserting:
/Must Section 1, Article VIII-A of the Constitution of this State be amended so as to delete the detailed requirements for the General Assembly to regulate the manufacture, sale, retail, and consumption of alcoholic liquors and beverages including minibottles and authorize the General Assembly to regulate their consumption and to maintain the prohibition on delegating to municipalities the power to issue liquor licenses?/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
The SPEAKER granted Rep. STURKIE a leave of absence for the remainder of the day.
The following Bill was taken up.
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.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 10, by the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
Rep. J. BAILEY proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7870BDW.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
"(c) fox: year round but no weapons may be used January second through August fifteenth through March fifteenth. Notwithstanding the provisions of this section, it is unlawful to hunt foxes, with or without firearms, in Game Zone 6 between March fifteenth and August fifteenth. However, There is no closed season for the running of foxes with dogs for the purpose of training the dogs in a private enclosed fox-hunting-dog-training facility;"
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
Reps. R. YOUNG and HASKINS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\N05\7896BDW.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _. Section 47-5-50 of the 1976 Code is amended to read:
"Section 47-5-50. No carnivores, which are normally are not domesticated, may be sold as a pet in this State. Such The carnivores shall include animals known to be reservoirs of rabies, such as raccoons, foxes, skunks, and bobcats and such related species, including, but not limited to, coyotes, wolves, weasels, ferrets, civet cats, spotted skunks, or and lynx. Any such An animal provided for in this section and kept by an individual shall must not be allowed to run at large and then be returned to confinement. A normally wild animal indigenous to this State may, if held captive for a period of time, may be released to the wild. This section does not apply to ferrets."/
Renumber sections to conform.
Amend title to conform.
Rep. R. YOUNG explained the amendment.
Rep. RISER raised the Point of Order that Amendment No. 3 was out of order as it was not germane.
Rep. R. YOUNG argued contra the Point.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 674 -- Senator Land: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT GROSS PROCEEDS DO NOT INCLUDE THAT PORTION OF A CHARGE SUBJECT TO AND USE TAX ATTRIBUTABLE TO THE COST SET BY STATUTE FOR A GOVERNMENTAL LICENSE OR PERMIT.
Rep. KIRSH moved to adjourn debate upon the Bill until Thursday, May 12.
Rep. BAXLEY moved to table the motion, which was agreed to by a division vote of 18 to 16.
Debate was resumed on Amendment No. 3, which was proposed on Tuesday, May 10, by Rep. FELDER.
Rep. BAXLEY moved to table the amendment, which was agreed to.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
S. 155 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-60 SO AS TO PROVIDE FOR THE REPORTING OF PRENATAL EXPOSURE TO CONTROLLED SUBSTANCES.
Amend the bill, as and if amended, by striking all ater the enacting words and inserting:
/SECTION 1. This act may be cited as the "South Carolina Drug Impaired Infants Act".
SECTION 2. It is the policy of this State that:
(1) Programs and policies to address the use of alcohol or other drugs during pregnancy should concentrate on measures that improve the individual's ability to act responsibly. Punitive or coercive measures should be used only as a last resort.
(2) Prenatal harm can be caused by exposure to various drugs, including alcohol, and is often a result of multiple exposures as well as other influences, such as poor maternal health, malnutrition, and lack of prenatal care. The most effective way to prevent this harm is to improve the overall well-being and the self-esteem of women. Efforts to prevent prenatal harm should utilize innovative strategies aimed at the broad range of factors contributing to harm associated with prenatal substance abuse. New models of service delivery should be developed to increase the utilization of available services, using outreach and community-based services as means for identifying and serving the target population.
(3) The use of alcohol and other drugs by women places them at risk for the development of numerous physical and psychological problems. Women whose physical or psychological health is compromised have diminished capacity to care for themselves and their families as well as to participate meaningfully in the community in which they live. Alcohol and other drug abuse isolates women from the institutions of society which support the building and maintenance of self-respect and healthy relationships. Progress and policies of the State and its subdivisions should seek to promote health-enhancing behaviors in women and to develop treatment programs which improve the capacity of women to function fully within their communities.
(4) Prevention, education, counseling, and support services for alcohol and other drug abuse, which reflect the unique needs of pregnant women, should be accessible and available to these women. Public and private funds and resources should be identified to implement model intervention programs. Providers of alcohol or drug treatment services must not discriminate against pregnant women or women of childbearing age in providing these services. Pregnant women should be given priority access to treatment services for alcohol or drug dependency.
(6) All men and women of childbearing age should be educated about the physical, emotional, and medical effects of alcohol and other drug use during pregnancy. Appropriate educational materials and programs should be developed for use in schools. Educational efforts should emphasize prevention.
(7) All agencies with functions related to use of alcohol or other drugs by pregnant women, including health, social services, corrections, and law enforcement agencies, shall develop plans and interagency policies for coordination of services and resources. These plans and policies should provide for a continuum of services to prevent harm caused by prenatal exposure to alcohol or other drugs. They should include innovative strategies that take into consideration social conditions likely to affect the success of prevention or treatment initiatives, including housing, child care, transportation, and job training specific to women's needs.
(8) Health, social services, and educational agencies shall develop plans and interagency policies for coordination of services and resources to meet the special needs of children who have been harmed by prenatal exposure to alcohol and other drugs.
SECTION 3. Title 44 of the 1976 Code is amended by adding:
Section 44-54-10. A physician licensed in South Carolina who provides obstetrical or gynecological care to a patient who is pregnant shall counsel the patient on the prenatal effects of smoking cigarettes, the use of alcohol, and the use of a controlled substance as defined in Section 44-53-110, as well as other risk factors appearing to be present in the patient's life. A physician may fulfill this obligation by causing a nurse, social worker, or other allied health professional to provide the required counseling. A statement evidencing that this counseling has been provided and signed by the patient or by the person giving this counseling must be maintained as part of that patient's medical records.
Section 44-54-20. The South Carolina Department of Health and Environmental Control, in cooperation with the South Carolina Commission on Alcohol and Drug Abuse, shall develop and provide
(1) the effects of cigarettes, alcohol, and controlled substances on pregnancy and fetal outcome;
(2) how other aspects of a woman's life, such as poor nutrition and domestic violence, interact with substance abuse to affect fetal outcome;
(3) what services are available for addicted or substance-abusing women and their families;
(4) the harm done to fetuses from drug use by the mother; and
(5) the law relating to drug use during pregnancy-including the provisions of this chapter.
Section 44-54-30. The Department of Alcohol and Other Drug Abuse Services shall establish and maintain a toll-free information line to provide information on resources for substance abuse and to assist with referral for substance- abusing pregnant women.
SECTION 4. Section 44-49-40(c) of the 1976 Code is amended by adding:
"(11) Coordinate these matters relating to prenatal substance abuse:
(a) study of issues related to prenatal substance abuse;
(b) development of prevention and treatment strategies;
(c) education of policymakers and other relevant professionals;
(d) identification of grants and other private funding sources and the coordination of efforts to obtain these funds; and
(e) provision of interagency communications and actions relating to the use of alcohol and other drugs during pregnancy."
SECTION 5. Section 59-32-20 of the 1976 Code is amended by adding a new paragraph at the end of the section to read:
"All school districts shall develop and include in their drug and alcohol education programs in grades one through twelve, age appropriate drug education curricula concerning the physiological effects and problems before and after birth caused by the use of cigarettes, alcohol, and controlled substances."
SECTION 6. Section 59-32-30(A) of the 1976 Code is amended by adding at the end:
"(7) Where appropriate to the students' age group, a program of instruction in reproductive health education or substance use or abuse must include instruction concerning the effects of the use and abuse of cigarettes, alcohol, and controlled substances on persons of reproductive age, pregnant women, and fetuses."
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