Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved St. Luke records these words... in the old King James rendering... (14:28):
"For which of you, intending to build a tower,
sitteth not down first, and countest the cost,
Whether he have sufficient to finish it?"
Let us pray.
Lord God, our Father, we thank You for the dreams and ambitions we have for the growth and development of our beloved State.
As we fashion our programs of desire, make us realists who see that we adequately count the cost for our aspirations.
Help us to distinguish between luxuries that we cannot afford and necessities that we must provide.
Help us to know... and exercise the secret of harmony... manifest integrity of character... fidelity to high trusts... and fair play... nourished by Your Spirit of Wisdom in whose Name we pray.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
March 1, 1993
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, Prisoner of War Commission, with term to expire July 1, 1997:
2nd Congressional District:
James A. Campbell, Ph.D., 7719 Exeter Lane, Columbia, S.C. 29223-2517
Referred to the General Committee.
March 4, 1993
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, Prisoner of War Commission, with term to expire July 1, 1997:
4th Congressional District:
Mr. Samuel O. Turner, 206 Lakeview Heights, Union, S.C. 29379
Referred to the General Committee.
Initial Appointment, Member, Savannah Valley Authority, with term to expire June 30, 1994:
Pickens:
Mr. Daniel E. Youngblood, 203 McAlister Trace, Easley, S.C. 29642
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Member, South Carolina Public Service Authority, with term to expire May 19, 2000:
4th Congressional District:
Mr. Johnnie M. Walters, 1804 North Main Street, Greenville, S.C. 29609 VICE Albert Gossett
Referred to the General Committee.
Reappointment, Member, State Commission on Higher Education, with term to expire July 23, 1997:
At-Large:
Dr. Raymond C. Ramage, 1111 Parkins Mill Road, Greenville, S.C. 29607
Referred to the Committee on Education.
Reappointment, Member, Board of Health and Environmental Control, with term to expire June 30, 1997:
4th Congressional District:
Dr. Richard E. Jabbour, 460 St. Andrews Street, Spartanburg, S.C. 29307
Referred to the Committee on Medical Affairs.
March 8, 1993
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Member, South Carolina State Fire Commission, with term to expire January 15, 1995:
2nd Congressional District-F:
Mr. Norman L. Knight, Jr., Director of Fire and Public Safety, Town of St. Matthews, Route 2, Box 528, St. Matthews, S.C. 29135 VICE Stanley Holcombe (deceased)
Referred to the General Committee.
Reappointment, Member, Parks Recreation and Tourism Commission, with term to expire June 27, 1999:
3rd Congressional District:
Mr. Forrest E. Holley, 235 Richland Avenue, Aiken, S.C. 29802
Referred to the Committee on Fish, Game and Forestry.
March 9, 1993
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, Commission on Consumer Affairs, with term to expire August 30, 1997:
At-Large:
Mr. Lehman A. Moseley, Jr., 500 Poinsett Highway, Greenville, S.C. 29609
Referred to the Committee on Banking and Insurance.
Initial Appointment and Reappointment, Member, State Ethics Commission, with initial term to expire June 30, 1993, and reappointment term to expire June 30, 1998:
5th Congressional District:
Mr. Randolph Marshall Talley, 431 Adams Avenue, Sumter, S.C. 29150 VICE Richard C. Jones (resigned)
Referred to the Committee on Judiciary.
March 10, 1993
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Member, South Carolina Public Railways Commission, with term to expire November 1, 1997:
At-Large:
Mr. Christopher C. Merrill, 922 Preston Road, Charleston, S.C. 29412 VICE F. Eugene Williams (resigned)
Referred to the Committee on Transportation.
Initial Appointment and Reappointment, Member, State Ethics Commission, with initial term to expire June 30, 1993, and reappointment to expire June 30, 1998:
1st Congressional District:
Ms. Cynthia G. Howe, Van Osdell, Lester, Howe & Rice, P.A., 1301 48th Avenue North, Myrtle Beach, S.C. 29577 VICE Paula H. Bethea (resigned)
Referred to the Committee on Judiciary.
Reappointment, Member, Children's Trust Fund of South Carolina, with term to expire June 30, 1996:
At-Large:
Mrs. Jean A. Moore, 6100 Rutledge Hill Road, Columbia, S.C. 29209
Referred to the General Committee.
Initial Appointment, Member, Mental Health Commission, with term to expire March 21, 1994:
At-Large:
James E. Whitford, Sr., M.D., 117 Saxton Court, Goose Creek, S.C. 29445 VICE Fred H. Gantt (resigned)
Referred to the Committee on Medical Affairs.
March 23, 1993
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment and Reappointment, Member, State Ethics Commission, with initial term to expire June 30, 1993, and reappointment term to expire June 30, 1998:
6th Congressional District:
Mr. Frederick A. Hoefer, II, Harwell, Ballenger & DeBerry, Post Office Box 107, Florence, S.C. 29503 VICE Charles Arthur Houseman (resigned)
Referred to the Committee on Judiciary.
The following was received:
Document No. 1526
Promulgated by Residential Builders Commission
Replace Existing Regulations
Received by Lt. Governor January 6, 1993
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 12, 1993
Withdrawn and resubmitted March 29, 1993
Revised expiration date May 27, 1993
Senator McCONNELL introduced Dr. Thomas E. Gibbons of Mt. Pleasant, S.C., Doctor of the Day.
Senator MITCHELL rose to a Point of Personal Interest.
Senator RICHTER rose to a Point of Personal Interest.
Columbia, S.C., March 25, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 60 -- Senators Washington, Stilwell and Rose: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REVISE THE EDUCATIONAL AND PROFESSIONAL EXPERIENCE, TO PROVIDE FOR FINGERPRINTING AND A FINGERPRINT SEARCH, AND TO REQUIRE AN AFFIDAVIT FILED WITH THE CLERK OF COURT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 30, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Carnell, Felder and Boan of the Committee of Conference on the part of the House on:
H. 3010 -- Reps. Carnell, Felder, Boan, M.O. Alexander, Barber, Beatty, H. Brown, J. Brown, Cato, Clyborne, Cobb-Hunter, Corning, Cromer, Davenport, Delleney, Elliott, Fulmer, Gamble, Govan, Hallman, Harrelson, J. Harris, P. Harris, Harvin, Hodges, Holt, Jaskwhich, Jennings, Keegan, Kinon, Kirsh, Koon, Lanford, Mattos, McAbee, McCraw, McElveen, McKay, McTeer, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Riser, Rogers, Rudnick, Sheheen, Shissias, R. Smith, Snow, Stille, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Worley, R. Young, Marchbanks, Richardson, Huff, A. Young, Wofford, Graham, Chamblee, Klauber and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-140 SO AS TO LIMIT APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO AN AMOUNT NOT TO EXCEED THE BASE REVENUE ESTIMATE, TO DEFINE BASE REVENUE ESTIMATE, TO PROVIDE FOR AN INCREASE IN THE BASE REVENUE ESTIMATE ON THE WRITTEN CERTIFICATION OF THE BOARD OF ECONOMIC ADVISORS, AND TO PROVIDE WHEN AND FOR WHAT PURPOSES SURPLUS REVENUES MAY BE APPROPRIATED.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 25, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3013 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-15-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT AND APPOINTMENT OF MENTAL HEALTH BOARDS, SO AS TO INCLUDE PARENTS OF EMOTIONALLY DISTURBED CHILDREN AND ADOLESCENTS FOR CONSIDERATION AS CONSUMER AND FAMILY REPRESENTATIVES ON THE BOARDS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 25, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3356 -- Reps. Simrill, Kirsh and Meacham: A BILL TO AMEND SECTION 5-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE AUTHORITY OF A MUNICIPALITY TO SEND LAW ENFORCEMENT OFFICERS TO ANOTHER POLITICAL SUBDIVISION OF THIS STATE IN EMERGENCY SITUATIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 25, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3412 -- Rep. McLeod: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR SUMTER COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR SUMTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE SUMTER COUNTY ELECTION COMMISSION AND THE SUMTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW SUMTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
At 12:36 P.M., Senator LAND assumed the Chair.
The following were introduced:
S. 600 -- Senator Leventis: A SENATE RESOLUTION TO WELCOME THE AMERICAN DANCE ENSEMBLE TO SOUTH CAROLINA AND TO INVITE THE ENSEMBLE TO BE PRESENTED TO THE SENATE ON APRIL 21, 1993.
Whereas, the American Dance Ensemble, a nationally recognized dance troupe engaged in the promoting of ethnic American dances, will perform a dance exhibit at North Myrtle Beach as part of the 1993 Spring Safari of the Society of Shaggers; and
Whereas, this outstanding ensemble has performed throughout the country giving original interpretations of dances peculiar to the region in which they are performing; and
Whereas, the ensemble will be in Columbia on Wednesday, April 21, 1993, as part of its trip to South Carolina; and
Whereas, the members of the Senate, by this resolution, would like to publicly recognize this outstanding group of dancers, welcome them to South Carolina, and invite them to be presented to the Senate on April 21, 1993, at a time to be determined by the President of the Senate. Now, therefore,
Be it resolved by the Senate:
That the members of the Senate hereby welcome the American Dance Ensemble to South Carolina and invite the ensemble to be presented to the Senate on April 21, 1993, at a time to be determined by the President of the Senate.
Be it further resolved that a copy of this resolution be forwarded to the American Dance Ensemble.
Referred to the Committee on Invitations.
S. 601 -- Senators Wilson, Land and Giese: A SENATE RESOLUTION EXPRESSING THE SUPPORT OF THE SOUTH CAROLINA SENATE FOR RUSSIAN PRESIDENT BORIS YELTSIN AND ALL DEMOCRATIC ELEMENTS IN RUSSIA IN THEIR STRUGGLE TO ACHIEVE IN RUSSIA A DEMOCRATIC GOVERNMENT AND A PROSPEROUS, MARKET-ORIENTED ECONOMY.
Whereas, the people of Russia and the United States are commited to the values of democracy and a market economy; and
Whereas, President Boris Yeltsin, the first freely-elected president in the one thousand year history of the Russian people, is a steadfast advocate of the wishes and desires of the Russian people and free peoples everywhere in their opposition to communism and totalitarianism and embracing freedom, democracy, and capitalism; and
Whereas, President Yeltsin's policies are restoring and rebuilding the historic ties and warm friendship between the people of Russia and America which will be mutually beneficial for trade, cultural exchanges, economic development, and world peace; and
Whereas, President Yeltsin represents the best hope for the long-suffering Russian people for a society and government committed to democratic values and an economy that brings that measure of economic prosperity that reflects the vast natural and human potential of Russia; and
Whereas, hard-line communist and nationalist opposition holding over in Russian governmental, legislative, and judicial bodies from the time of communist rule is trying to halt the process of reform and sabotage the reform-minded presidency of Boris N. Yeltsin; and
Whereas, success by the opposition of President Yeltsin would mean another epoch of political and economic totalitarianism for the people of Russia and another cold war for the world. Now, therefore,
Be it resolved by the Senate:
That by this resolution the South Carolina Senate expresses its heartfelt support for Russian President Boris Yeltsin and all democratic forces in Russia in their struggle for the final dismantling of communism and the reform of the Russian economy and public policy thereby fulfilling the earnest desire of the Russian people and all free peoples for a democratic and prosperous Russia.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the Secretary of State, the Speaker of the United States House of Reprsentatives, the President Pro Tempore of the United States Senate, and to His Excellency Boris Yeltsin, President of the Republic of Russia.
Referred to the Committee on Invitations.
S. 602 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-55 SO AS TO CREATE THE HIGHER EDUCATION ADVISORY COUNCIL OF FACULTY AND TO PROVIDE ITS DUTIES AND MEMBERSHIP.
Read the first time and referred to the Committee on Education.
S. 603 -- Senators Elliott and Greg Smith: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE COASTAL COUNCIL TO DISBURSE ANY EXCESS FUNDS FROM THE FOLLY BEACH RESTORATION PROJECT FOR OTHER BEACH RESTORATION PROJECTS.
Read the first time and referred to the Committee on Finance.
S. 604 -- Senator Hayes: 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 ALLOW A GOVERNING BODY OF A MUNICIPALITY BY ORDINANCE TO EXEMPT FROM MUNICIPAL AD VALOREM TAX FOR NOT MORE THAN FIVE YEARS PROPERTY LOCATED IN THE MUNICIPALITY RECEIVING THE FIVE-YEAR EXEMPTION FROM COUNTY AD VALOREM TAXES AS NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, RESEARCH AND DEVELOPMENT FACILITIES, AND ADDITIONS TO SUCH FACILITIES, AND TO PROVIDE THAT THIS EXEMPTION FIRST IS ALLOWED WHEN THE STATE CONSTITUTION IS AMENDED SO AS TO AUTHORIZE THE EXEMPTION.
Read the first time and referred to the Committee on Finance.
S. 605 -- Senator Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO PERMIT MUNICIPAL GOVERNING BODY TO EXEMPT FROM MUNICIPAL AD VALOREM TAXES FOR NOT MORE THAN FIVE YEARS ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, AND ADDITIONS TO SUCH FACILITIES LOCATED IN THE MUNICIPALITY, AND TO AUTHORIZE A SIMILAR EXEMPTION FOR ALL NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND ADDITIONS TO SUCH ENTERPRISES LOCATED IN THE MUNICIPALITY AND TO PROVIDE THAT THESE EXEMPTIONS ARE SUBJECT TO THOSE TERMS AND CONDITIONS THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Read the first time and referred to the Committee on Finance.
S. 606 -- Senator Glover: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO TRIAL BY JURY, SO AS TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE JURY AND TO PROPOSE AN AMENDMENT TO SECTION 21, ARTICLE V, RELATING TO THE CHARGE TO A JURY, SO AS TO PROVIDE THAT A JURY HAS THE RIGHT TO JUDGE THE LAW AS WELL AS THE FACTS.
Read the first time and referred to the Committee on Judiciary.
S. 607 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-130 SO AS TO PROVIDE FOR THE AUTHORITY OF A COUNTY CORONER TO AUTHORIZE REMOVAL OF A DEAD BODY WHEN A COUNTY DOES NOT HAVE A MEDICAL EXAMINER COMMISSION; AND TO AMEND SECTION 17-5-300, RELATING TO UNAUTHORIZED REMOVAL OF A DEAD BODY, SO AS TO PROVIDE THAT THE AUTHORIZATION FOR THE REMOVAL OF A BODY MUST BE OBTAINED FROM A COUNTY CORONER WHEN A COUNTY DOES NOT HAVE A MEDICAL EXAMINER COMMISSION.
Read the first time and referred to the Committee on Judiciary.
S. 608 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 27 SO AS TO IMPLEMENT THE SETTLEMENT OF CATAWBA INDIAN LAND AND OTHER CLAIMS IN SOUTH CAROLINA.
Read the first time and referred to the Committee on Judiciary.
S. 609 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO AMUSEMENT RIDES SAFETY CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1571, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 610 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 40-59-70, 40-59-77, 40-59-80, 40-59-90, 40-59-100, 40-59-110, 40-59-130, 40-59-140, 40-59-160, ALL AS AMENDED, AND SECTIONS 40-59-75 AND 40-59-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO RESIDENTIAL HOME BUILDERS, SO AS TO ESTABLISH A FEE SCHEDULE UNTIL THE GENERAL ASSEMBLY APPROVES THE FEES BY REGULATION; DELETE THE AUTHORITY OF THE RESIDENTIAL BUILDERS COMMISSION TO CERTIFY A RESIDENTIAL SPECIALTY CONTRACTOR; REQUIRE THAT A RESIDENTIAL SPECIALTY CONTRACTOR POST A BOND IF THE COST OF THE UNDERTAKING EXCEEDS FIVE THOUSAND DOLLARS, AND PROVIDE FOR RECIPROCITY FOR A RESIDENTIAL BUILDER'S LICENSE TO THOSE BUILDERS IN GOOD STANDING IN OTHER STATES.
Read the first time and ordered placed on the Calendar without reference.
S. 611 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO PROCEDURES FOR HEARING CHILD LABOR ACT ADMINISTRATIVE APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1642, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 612 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO SAFETY STANDARDS FOR ELEVATOR FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1570, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 613 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO PROCEDURES FOR HEARING PAYMENT OF WAGES ADMINISTRATIVE APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1613, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 614 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-55-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PRESENTING OF A FALSE CLAIM FOR PAYMENT TO AN INSURER TRANSACTING BUSINESS IN THIS STATE, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ALSO APPLY TO FALSE CLAIMS FOR PAYMENT MADE TO HEALTH MAINTENANCE ORGANIZATIONS AND ANY PERSON INCLUDING THE STATE OF SOUTH CAROLINA PROVIDING BENEFITS FOR HEALTH CARE IN THIS STATE.
Read the first time and ordered placed on the Calendar without reference.
S. 615 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1592, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 616 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO THE SOUTH CAROLINA TEACHER LOAN PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1506, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
H. 3795 -- Rep. Stuart: A CONCURRENT RESOLUTION TO CONGRATULATE THE NORTH HIGH SCHOOL BOYS BASKETBALL TEAM FOR WINNING THE 1992-93 CLASS A STATE CHAMPIONSHIP AND TO PROVIDE THAT THE TEAM SHALL BE RECOGNIZED IN THE HALL OF THE HOUSE ON THURSDAY, APRIL 15, 1993, AT A TIME TO BE DETERMINED BY THE SPEAKER.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 30, SO AS TO ESTABLISH WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT SIXTEEN DEPARTMENTS TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY AND TO ESTABLISH WITHIN EACH DEPARTMENT CERTAIN DIVISIONS COMPOSED OF SPECIFIED STATE AGENCIES, TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS, AND FOR THE MANNER OF SELECTION AND TERMS OF SERVICE OF DIVISION HEADS AND OTHER OFFICIALS, TO PROVIDE THAT CERTAIN OTHER AGENCIES OR DEPARTMENTS OF STATE GOVERNMENT SHALL PERFORM THEIR DUTIES AND FUNCTIONS AS A PART OF AND UNDER THE SUPERVISION OF DESIGNATED CONSTITUTIONAL OFFICERS OR THE JUDICIAL DEPARTMENT, TO AMEND SECTION 2-19-10, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE SIZE OF THE JOINT COMMITTEE AND PROVIDE FOR CERTAIN REVIEW OF JUDGES AND OTHER OFFICIALS HEREIN CONTAINED, TO AMEND CHAPTER 23 OF TITLE 1 OF THE 1976 CODE, RELATING TO STATE AGENCY RULE MAKING AND ADJUDICATION OF CONTESTED CASES BY ADDING ARTICLE 5, SO AS TO ESTABLISH THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION THE JUDGES OF WHICH SHALL HEAR, DETERMINE AND PRESIDE OVER CONTESTED CASES OF CERTAIN STATE AGENCIES, DEPARTMENTS, DIVISIONS, AND COMMISSIONS, TO AMEND THE STATE ADMINISTRATIVE PROCEDURES ACT SO AS TO REVISE THE MANNER IN WHICH REGULATIONS ARE APPROVED AND TAKE EFFECT, TO ABOLISH SPECIFIED BOARDS, COMMISSIONS, AND COMMITTEES OF THIS STATE, TO DESIGNATE THE OFFICE OF APPELLATE DEFENSE AS THE OFFICE OF INDIGENT DEFENSE AND REVISE ITS DUTIES AND FUNCTIONS, TO PROVIDE FOR TRANSITIONAL PROVISIONS IN REGARD TO THIS ACT, TO PROVIDE FOR A JULY 1, 1993, EFFECTIVE DATE, AND TO AMEND SECTIONS 1-23-10, 1-23-110, 1-23-115, 1-23-130, 1-23-160, 1-23-310, 1-23-320, 1-23-330, 1-23-380, 42-3-10, 42-3-30, 42-3-80, 42-3-90, 42-3-110, 42-3-180, 42-3-190, 42-3-200, 42-3-210, 42-3-220, 42-3-230, 42-3-240, 46-3-10, 46-3-20, 46-3-80, 46-3-220, 46-5-20, 46-15-40, 46-49-60, 46-5-10, Chapter 9, TITLE 46, 46-10-20, 46-10-30, 46-13-10, 46-13-20, 46-25-20, 46-25-1010, 46-26-10, 46-26-20, 46-26-30, 46-26-160, 46-35-10, 46-35-15, 46-37-5, 46-49-40; ARTICLE 3, CHAPTER, 11, TITLE 47; CHAPTER 19, TITLE 47; ARTICLE, 5, CHAPTER 9, TITLE 47; ARTICLE 5, CHAPTER 11, TITLE 47; CHAPTERS 13 AND 15, TITLE 47; 8-11-945, 44-49-10, 44-49-20, 44-49-40, 44-49-50, 44-49-60, 44-49-70, 44-107-80, 56-1-1400, 55-1-50, 55-1-60, 55-1-70, 55-1-90, 55-1-100, 55-1-100, 55-1-140, 55-5-20, 55-5-30, 55-5-50, 55-5-60, 55-5-70, 55-5-75, 55-5-80, 55-5-86, 55-5-87, 55-5-90, 55-5-110, 55-5-120, 55-5-140, 55-5-150, 55-5-160, 55-5-170, 55-5-180, 55-5-200, 55-5-210, 55-5-220, 55-5-230, 55-5-240, 55-5-260, 55-5-290, 55-8-10, 55-8-10, 55-8-20, 55-8-30, 55-8-40, 55-8-50, 55-8-70, 55-8-90, 55-8-100, 55-8-110, 55-8-160, 55-8-170, 55-9-30, 55-9-40, 55-9-70, 55-9-80, 55-9-90, 55-9-190, 55-9-220, 55-11-10, 55-15-10, 11-35-1520, 15-9-390, 15-9-410, 12-36-1370, 46-13-060, 41-45-10, 41-45-20, 41-45-30, 41-45-40, 41-45-50, 41-45-60, 11-37-200, 12-27-1260, 12-27-1270, 12-27-1300, 51-13-860, 55-11-520, 59-54-40, 59-54-40, 13-3-10, 13-3-20, 13-3-30, 13-3-70, 13-3-80, 13-3-90, 13-3-100, 13-3-110, 13-3-120, 1-3-210, 1-11-310, 1-19-60, 2-67-10, 2-67-30, 13-5-10, 13-5-10, 13-7-10, 13-7-20, 13-11-20, 13-17-40, 31-1-30, 31-3-20, 31-3-340, 31-3-370, 31-3-390, 31-3-750, 33-37-250, 33-39-250, 39-9-230, 39-15-170, 41-43-40, 41-43-190, 41-44-60, 43-5-550, 43-21-120, 44-96-60, 44-96-70, 44-96-120, 48-9-230, 48-21-20, 49-3-20, 51-1-15, 51-17-50, 59-53-10, 43-25-10, 43-25-30, 43-25-40, 43-25-50, 43-25-60, 43-25-70, 43-25-90, 43-25-100, 43-26-10, 43-26-20, 43-26-30, 43-26-40, 43-26-50, 43-26-60, 43-26-70, 43-26-80, 43-26-90, 43-26-100, 43-26-110, 44-20-20, 44-20-30, 44-20-240, 44-20-250, 44-20-260, 44-20-270, 44-20-280, 44-20-290, 44-20-300, 44-20-310, 44-20-320, 44-20-330, 44-20-340, 44-20-350, 44-20-360, 44-20-370, 44-20-375, 44-20-380, 44-20-385, 44-20-390, 44-20-400, 44-20-420, 44-20-430, 44-20-440, 44-20-450, 44-20-460, 44-20-470, 44-20-480, 44-20-490, 44-20-500, 44-20-510, 44-20-710, 44-20-720, 44-20-730, 44-20-740, 44-20-750, 44-20-760, 44-20-770, 44-20-780, 44-20-790, 44-20-800, 44-20-900, 44-20-1000, 44-20-1110, 44-20-1120, 44-20-1130, 44-20-1140, 44-20-1150, 44-20-1160, 44-20-1170, 44-26-10, 44-26-30, 44-26-40, 44-26-50, 44-26-60, 44-26-70, 44-26-80, 44-26-100, 44-26-120, 44-26-140, 44-26-170, 44-26-180, 44-26-190, 44-26-200, 44-28-20, 44-28-40, 44-28-60, 44-28-80, 44-28-360, 44-28-370, 44-38-10, 44-38-20, 44-38-30, 44-38-40, 44-38-50, 44-38-60, 44-38-70, 59-1-190, 59-1-445, 59-5-140, 59-20-20, 59-23-170, 59-26-40, 59-29-40, 59-29-220, 59-31-330, 59-31-340, 59-32-10, 59-32-30, 59-65-30, 59-67-20, 59-67-260, 59-67-270, 59-67-535, 59-67-540, 59-67-570, 59-67-780, 50-67-790, 59-137-50, 59-51-30, 59-51-40, 59-51-50, 48-39-10, 48-39-40, 48-39-50, 48-39-60, 48-39-70, 48-39-80, 48-39-100, 48-39-150, 48-39-160, 48-39-170, 48-39-180, 48-39-270, 48-39-280, 48-39-290, 48-43-10, 44-2-20, 44-55-20, 44-55-30, 44-55-40, 44-55-45, 44-55-50, 44-55-70, 44-55-90, 44-55-2320, 44-55-2330, 44-56-20, 44-56-30, 44-56-100, 44-56-160, 44-56-190, 44-67-20, 44-67-30, 44-67-40, 44-67-50, 44-93-20, 44-93-30, 44-93-120, 44-93-150, 44-96-40, 44-96-100, 44-96-130, 44-96-250, 44-96-260, 44-96-290, 44-96-320, 44-96-330, 44-96-350, 44-96-360, 44-96-380, 48-1-10, 48-1-30, 48-1-50, CHAPTER 48 OF TITLE 48, 48-1-60, 48-1-200, 48-3-10, 48-55-10, 48-55-20,49-3-40, 49-3-50, 49-4-20, 49-4-30, 49-4-40, 49-4-60, 49-4-70, 49-4-80, 49-4-90, 49-5-30, 49-5-40, 49-5-50, 49-5-60, 49-5-70, 49-5-80, 49-5-90, 49-5-100, 49-5-110, 49-5-130, 49-6-10, 49-6-20, 49-6-30, 49-6-40, 49-7-10, 49-7-70, 49-7-120, 49-21-10, 49-21-20, 49-21-30, 49-21-40, 49-21-50, 49-21-60, 49-21-70, 49-21-80, 49-23-20, 49-23-30, 49-23-50, 49-23-60, 49-23-70, 49-23-80, 49-23-90, 49-23-100, 49-25-10, 49-25-20, 49-25-30, 49-25-40, 49-27-10, 49-27-70, 49-27-80, 49-27-90, 49-29-20, 49-29-30, 49-29-50, 49-29-60, 49-29-70, 49-29-80, 49-29-90, 49-29-100, 49-29-110, 49-29-160, 49-29-170, 49-29-180, 49-29-190, 49-29-200, 49-29-210, TITLE 43, CHAPTERS 1, 3, AND 21; 12-21-3441, 12-21-3590, 43-29-10, 43-29-20, 43-29-30, 43-29-50, 43-29-70, 43-29-80, 43-29-90, 20-7-30, 20-7-340, 20-7-490, 20-7-510, 20-7-520, 20-7-530, 20-7-610, 20-7-640, 20-7-650, 20-7-655, 20-7-660, 20-7-670,20-7-680, 20-7-690, 20-7-1440, 20-7-1645, 20-7-1650, 20-7-1705, 20-7-1750, 20-7-1780, 20-7-1895, 20-7-1897, 20-7-1900, 20-7-1920, 20-7-1925, 20-7-1930, 20-7-1940, 20-7-1950, 20-7-1958, 20-7-1960, 20-7-1970, 20-7-2000, 20-7-2010, 20-7-2020, 20-7-2060, 20-7-2070, 20-7-2240, 20-7-2250, 20-7-2260, 20-7-2270, 20-7-2280, 20-7-2290, 20-7-2307, 20-7-2310, 20-7-2323, 20-7-2340, 20-7-2610, 20-7-2640, 20-7-2650, 20-7-2700, 20-7-2710, 20-7-2720, 20-7-2730, 20-7-2740, 20-7-2750, 20-7-2760, 20-7-2780, 20-7-2790, 20-7-2800, 20-7-2810, 20-7-2820, 20-7-2830, 20-7-2840, 20-7-2850, 20-7-2860, 20-7-2870, 20-7-2880, 20-7-2890, 20-7-2910, 20-7-2920, 20-7-2930, 20-7-2940, 20-7-2980, 20-7-2990, 20-7-3000, 20-7-3010, 20-7-3020, 20-7-3030, 20-7-3050, 20-7-3060, 20-7-5420, 20-7-852, 20-7-952, 20-7-955, 20-7-970, 20-7-1015, 20-7-1040, 20-7-1145, 20-7-1315, 20-7-1317, 20-7-1322, 20-7-2450, 20-7-2460, 20-7-2470, 20-7-2480, 20-7-2500; TITLE 43, CHAPTER 5, ARTICLES 1, 3, AND 5; 43-7-20, 43-7-220, 20-7-2376, 20-7-2379, 20-7-2385, 20-7-2394, 59-49-10, 59-49-70, 59-49-80, 59-49-100, 59-49-110, 59-49-140, 59-49-150, 20-7-600, 20-7-630, 20-7-770, 20-7-780, 20-7-1330, 20-7-1490, 20-7-2115, 20-7-2125, 20-7-2155, 20-7-3210, 20-7-3220, 13-7-10, 13-7-30, 13-7-40, 13-7-45, 13-7-60, 13-7-70, 13-7-90, 13-7-120, 13-7-160, 13-7-170, 43-5-910, 43-5-920, 43-5-930, 43-5-940, 43-5-970, CHAPTER 1, TITLE 44, CHAPTER 3, TITLE 44, 44-5-20, ARTICLE 2, CHAPTER 7, TITLE 44, ARTICLE 3, CHAPTER 7, TITLE 44, 44-7-1420, 44-7-1440, 44-7-1490, 44-7-1590, 44-7-1660, 44-7-1690, 44-7-2520, 44-29-10, 44-29-20, 44-29-40, 44-29-50, 44-29-60, 44-29-70, 44-29-80, 44-29-90, 44-29-100, 44-29-110, 44-29-115, 44-29-120, 44-29-130, 44-29-135, 44-29-136, 44-29-140, 44-29-170,44-29-180, 44-29-210, 44-30-20, 44-30-30, 44-30-60, 44-30-70, 44-30-80, 44-30-90, ARTICLE 1, CHAPTER 31, TITLE 44, 44-31-510, 44-31-610, 44-33-10, 44-35-10, 44-35-90, 44-35-100, 44-35-110, 44-37-20, 44-37-30, 44-40-30, 44-40-60, 44-41-10, 44-41-20, 44-41-60, 44-41-70, 44-52-10, 44-53-10, 44-53-50, 44-53-110, 44-53-160, 44-53-180, 44-53-200, 44-53-220, 44-53-240, 44-53-260, 44-53-280, 44-53-290, 44-53-300, 44-53-310, 44-53-320, 44-53-330, 44-53-340, 44-53-350, 44-53-360, 44-53-430, 44-53-450, 44-53-480, 44-53-490, 44-53-500, 44-53-520, ARTICLE 4, CHAPTER 53, TITLE 44, ARTICLE 5, CHAPTER 53, TITLE 44, 44-53-920, 44-53-930, 44-53-940, 44-53-950, 44-53-1320, 44-53-1340, 44-53-1360, 44-53-1370, 44-53-1380, 44-53-1390, 44-53-1430, 44-53-1440, 44-53-1450, 44-53-1470, 44-55-210, 44-55-230, 44-55-250, 44-55-260, 44-55-270, 44-55-275, 44-55-280, 44-55-290, 44-55-420, 44-55-430, 44-55-440, 44-55-460, 44-61-20, 44-61-30, 44-61-40, 44-61-50, 44-61-60, 44-61-70, 44-61-80, 44-61-90, 44-61-105, 44-61-120, 44-61-130, 44-63-10, 44-63-20, 44-63-30, 44-63-60, 44-63-86, 44-63-110, 44-63-161, 44-69-20, 44-69-30, 44-69-40, 44-69-50, 44-69-60, 44-69-70, CHAPTER 71, TITLE 44, 44-75-20, 44-75-30, 44-75-40, 44-75-70, 44-81-30, 44-81-40, 44-81-60, CHAPTER 87, TITLE 44, 44-89-30, 44-89-40, 44-89-50, 44-89-60, 44-89-70, 44-89-80, 44-89-90, 44-89-100, CHAPTER 99, TITLE 44, 44-115-130, 47-5-20, 47-5-30, 47-5-40, 47-5-60, 47-5-100, 47-5-120, 47-5-150, 47-5-180, 44-6-5, 44-6-10, 44-6-30, 44-6-40, 44-6-45, 44-6-50, 44-6-70, 44-6-80, 44-6-90, 44-6-120, 44-6-140, 44-6-146, 44-6-150, 44-6-155, 44-6-160, 44-6-170, 44-6-180, 44-6-190, 44-6-220, 44-6-300, 44-6-320, 44-6-400, 44-6-410, 44-6-420, 44-6-430, 44-6-440, 44-6-460, 44-6-470, 44-6-500, 44-6-520, 44-6-530, 38-1-20, 38-2-10, CHAPTER 3, TITLE 38, CHAPTER 5, TITLE 38, CHAPTER 7, TITLE 38, CHAPTER 9, TITLE 38, CHAPTER 11, TITLE 38, CHAPTER 13, TITLE 38, 38-15-10, 38-15-20, 38-15-30, 38-15-50, 38-17-30, 38-17-50, 38-17-60, 38-17-70, 38-17-90, 38-17-120, 38-17-140, 38-17-150, 38-17-170, 38-19-40, 38-19-50, 38-19-440, 38-19-470, 38-19-480, 38-19-490, 38-19-610, 38-19-640, 38-19-650, 38-19-825, 38-21-10, 38-21-20, 38-21-30, 38-21-50, 38-21-60, 38-21-70, 38-21-90, 38-21-100, 38-21-110, 38-21-120, 38-21-125, 38-21-130, 38-21-140, 38-21-160, 38-21-170, 38-21-190, 38-21-200, 38-21-210, 38-21-220, 38-21-240, 38-21-250, 38-21-260, 38-21-270, 38-21-280, 38-21-290, 38-21-300, 38-21-310, 38-21-320, 38-21-330, 38-21-340, 38-21-350, 38-21-370, 38-23-20, 38-23-40, 38-23-50, 38-23-70, 38-23-80, 38-23-100, 38-25-10, 38-25-110, 38-25-160, 38-25-310, 38-25-510, 38-25-520, 38-25-540, 38-25-550, 38-25-570, CHAPTER 26, TITLE 38, ARTICLE 1, CHAPTER 27, TITLE 38, ARTICLE 3, CHAPTER 27, TITLE 38, 38-27-310, 38-27-320, 38-27-330, 38-27-350, 38-27-360, 38-27-370, 38-27-390, 38-27-400, 38-27-410, 38-27-430, 38-27-500, 38-27-520, 38-27-640, 38-27-660, 38-27-670, 38-27-680, 38-27-910, 38-27-920, 38-27-930, 38-27-940, 38-27-950, CHAPTER 29, TITLE 38, CHAPTER 31, TITLE 38, CHAPTER 33, TITLE 38, 38-35-10, 38-35-40, 38-35-50, 38-37-60, 38-37-220, 38-37-230, 38-37-240, 38-37-250, 38-37-260, 38-37-270, ARTICLE 5, CHAPTER 37, TITLE 38, ARTICLE 13, CHAPTER 37, TITLE 38, CHAPTER 39, TITLE 38, CHAPTER 41, TITLE 38, 38-43-20, 38-43-30, 38-43-40, 38-43-50, 38-43-70, 38-43-100, 38-43-105, 38-43-106, 38-43-107, 38-43-110, 38-43-130, 38-43-230, 38-43-250, 38-43-260, 38-44-30, 38-44-40, 38-44-50, 38-44-70, 38-44-80, CHAPTER 45, TITLE 38, 38-46-20, 38-46-30, 38-46-60, 38-46-70, 38-46-90, 38-46-100, 38-46-110, 38-46-120, CHAPTER 47, TITLE 38, 38-49-20, 38-49-25, 38-51-20, 38-51-30, 38-51-60, 38-53-10, 38-53-20, 38-53-80, 38-53-90, 38-53-100, 38-53-110, 38-53-130, 38-53-140, 38-53-150, 38-53-160, 38-53-170, 38-53-200, 38-53-210, 38-53-220, 38-53-230, 38-53-310, 38-53-320, 38-55-20, 38-55-40, 38-55-60, 38-55-80, 38-55-120, 38-55-140, 38-55-180, 38-57-150, 38-57-200, 38-57-210, 38-57-220, 38-57-240, 38-57-250, 38-57-260, 38-57-270, 38-57-280, 38-57-290, 38-57-300, 38-57-310, 38-59-30, CHAPTER 61, TITLE 38, 38-63-220, 38-63-250, 38-63-520, 38-63-580, 38-63-590, 38-63-600, 38-63-610, 38-63-650, 38-65-60, 38-65-210, 38-67-10, 38-67-30, 38-67-40, 38-69-120, 38-69-230, 38-69-320, 38-70-10, 38-70-10, 38-70-20, 38-70-30, 38-70-40, 38-70-50, 38-70-60, 38-71-70, 38-71-190, 38-71-310, 38-71-315, 38-71-320, 38-71-325, 38-71-330, 38-71-335, 38-71-340, 38-71-370, 38-71-410, 38-71-510, 38-71-530, 38-71-540, 38-71-550, 38-71-720, 38-71-730, 38-71-735, 38-71-750, 38-71-920, 38-71-950, 38-71-970, 38-71-980, 38-71-1010, 38-71-1020, 38-71-1110, 38-72-40, 38-72-60, CHAPTER 73, TITLE 38, 38-74-10, 38-74-20, 38-74-60, 38-74-70, 38-75-230, ARTICLE 5, CHAPTER 75, TITLE 38, 38-77-10, 38-77-30, 38-77-110, 38-77-113, 38-77-115, 38-77-120, 38-77-150, 38-77-200, 38-77-260, 38-77-280, 38-77-320, 38-77-330, 38-77-340, 38-77-350, ARTICLE 5, CHAPTER 77, TITLE 38, ARTICLE 9, CHAPTER 77, TITLE 38, CHAPTER 79, TITLE 38, CHAPTER 81, TITLE 38, CHAPTER 83, TITLE 38, 38-85-70, 38-85-80, CHAPTER 87 TITLE 38, CHAPTER 89, TITLE 38, 1-1-110, 2-7-73, 2-13-190, 2-23-10, 8-13-470, 8-13-740, 12-9-310, 12-21-820, 12-23-310, 12-53-220, 15-9-270, 15-9-280, 15-9-310, 17-13-80, 23-9-90, 23-41-30, 31-1-180, 31-1-690, 33-37-460, 34-29-160, 35-9-20, 35-9-30, 35-9-40, 35-9-60, 35-9-70, 35-9-90, 37-6-605, 39-21-230, 41-18-90, 44-2-75, 48-19-80, 48-20-110, 56-1-745, 56-1-746, 56-10-240, 58-23-1220, 61-9-340, 59-53-2050, ARTICLE 5, CHAPTER 79, TITLE 38, 38-79-410, 38-79-420, 38-79-430, 38-79-440, 38-79-450, 38-79-460, 38-79-470, 38-79-480, 38-79-490, ARTICLE 3, CHAPTER 7, TITLE 42, 42-7-310, 42-7-200, 42-1-80, 42-1-90, 42-1-340, 42-1-380, 42-1-390, 42-1-480, 42-1-505, 42-1-560, 42-1-650, CHAPTER 5, TITLE 42, CHAPTER 9, TITLE 42, 42-11-80, 42-11-100, 42-11-120, 42-11-130, 42-11-140, 42-11-150, 42-11-160, 42-11-170, 42-11-180, 42-11-185, 42-13-50, 42-13-80, 42-13-90, 42-13-100, 42-13-110, CHAPTER 15, TITLE 42, CHAPTER 17, TITLE 42, CHAPTER 19, TITLE 42, 1-23-330, ARTICLE 1, CHAPTER 7, TITLE 42, 42-1-490, 42-1-500,23-3-10, 23-3-20, 23-3-25, 23-3-30, 23-3-40, 23-3-45, 23-3-50, 23-5-10, 23-5-30, 23-5-31, 23-5-32, 23-5-33, 23-5-34, 23-5-40, 23-5-50, 23-5-60, 58-3-310, 58-3-360, 61-1-60, 61-3-220, 61-5-100, 61-9-1050, 61-13-410, 61-13-810, 61-13-836, 23-25-20, 23-25-40, 23-23-10, 23-23-20, 23-23-30, 23-23-65, 23-23-70, 6-9-60, 10-5-230, 10-5-240, 10-5-270, 10-5-300, 10-5-320, 23-9-10, 23-9-60, 23-9-65, 23-9-70, 23-9-150, 23-9-155, 23-9-170, 23-9-180, 23-9-210, 23-10-10, 23-36-80, 23-36-160, 23-43-20, 23-43-60, 23-43-70, 23-43-110, 23-43-140, 23-43-180, 39-43-160, 40-1-140, 40-1-310, 40-1-350, 40-3-40, 40-3-120, 40-3-135, 40-3-140, 40-6-40, 40-6-45, 40-6-180, 40-6-220, 40-7-60, 40-7-270, 40-9-30, 40-9-31, 40-9-36, 40-9-95, 40-11-40, 40-11-60, 40-11-90, 40-11-320, 40-13-60, 40-13-80, 40-13-260, 40-15-40, 40-15-50, 40-15-185, 40-15-200, 40-15-210, 40-15-215, 40-15-370, 40-15-380, 40-17-20, 40-17-30, 40-17-50, 40-17-70, 40-17-90, 40-17-140, 40-17-160, 40-19-10, 40-19-70, 40-19-80, 40-19-160, 40-19-170, 40-22-150, 40-22-420, 40-22-440, 40-23-20, 40-23-40, 40-23-127, 40-25-20, 40-25-30, 40-25-40, 40-25-170, 40-28-10, 40-28-30, 40-28-50, 40-28-80, 40-28-90, 40-28-100, 40-28-110, 40-28-120, 40-28-130, 40-28-140, 40-28-160, 40-28-190, 40-28-200, 40-28-210, 40-29-20, 40-29-50, 40-29-100, 40-29-110, 40-29-160, 40-29-210, 40-30-20, 40-30-40, 40-30-70, 40-33-30, 40-33-250, 40-33-931, 40-33-960, 40-35-10, 40-35-20, 40-35-70, 40-35-90, 40-35-135, 40-36-160, 40-37-50, 40-37-230, 40-38-60, 40-38-230, 40-39-10, 40-39-20, 40-39-50, 40-39-60, 40-39-90, 40-39-120, 40-39-150, 40-43-135, 40-43-260, 40-43-410, 40-47-170, 40-47-200, 40-47-210, 40-47-630, 40-47-660, 40-51-160, 40-53-30, 40-53-50, 40-53-70, 40-53-80, 40-53-90, 40-53-100, 40-53-110, 40-53-120, 40-53-130, 40-53-140, 40-53-150, 40-53-160, 40-53-180, 40-53-190, 40-53-210, 40-53-220, 40-53-230, 40-53-240, 40-54-20, 40-55-140, 40-55-160, 40-56-10, 40-56-20, 40-57-80, 40-57-170, 40-57-220, 40-58-20, 40-58-90, 40-59-50, 40-59-60, 40-59-90, 40-59-95, 40-59-120, 40-59-130, 40-60-160, 40-60-170, 40-60-210, 40-61-20, 40-61-40, 40-61-110, 40-63-10, 40-63-30, 40-63-120, 40-65-10, 40-65-70, 40-65-170, 40-65-220, 40-67-170, 40-69-70, 40-69-150, 40-69-210, 40-69-420, 40-75-40, 40-75-180, 40-77-110, 40-77-320, 40-79-40, 41-1-10, 41-3-10, 41-3-30, 41-3-40, 41-3-50, 41-3-55, 41-3-60, 41-3-70, 41-3-80, 41-3-100, 41-3-110, 41-3-120, 41-3-130, 41-3-140, 41-3-510, 41-3-520, 41-3-540, 41-3-530, 41-43-20, 41-43-30, 41-43-50, 41-43-90, 41-43-210, 41-44-10, 41-45-10, 41-45-20, 41-45-30, 41-45-40, 41-45-50, 48-27-70, 48-27-200, 52-7-15, 52-7-20, 52-7-25, 52-7-30, 54-15-320, 44-9-10, 44-9-20, 44-9-40, 44-9-50, 44-9-60, 44-9-70, 44-9-90, 44-9-100, 44-9-110, 44-9-120, 44-9-160, 44-11-20, 44-11-30, 44-11-60, 44-11-70, 44-11-80, 44-11-110, 44-13-30, 44-15-80, 44-22-10, 44-22-50, 44-22-190, 44-23-10, 44-23-210, 44-23-220, 44-23-410, 44-22-100, 44-22-110, 44-25-30, 44-28-20, 44-28-40, 44-28-60, 44-28-80, 44-28-360, 44-28-370, 44-52-10, 62-5-105, CHAPTERS 1, 3, 5, AND 9 OF TITLE 50; 50-11-10, 50-11-20, 50-11-120(B), 50-11-140, 50-11-310, 50-11-350, 50-11-390, 50-11-430, 50-11-500, 50-11-520, 50-11-530, 50-11-540, 50-11-560, 50-11-730, 50-11-740, 50-11-750, 50-11-810, 50-11-860, 50-11-880, 50-11-950, 50-11-980; ARTICLE 6, CHAPTER 11, TITLE 50; ARTICLE 7, CHAPTER 11, TITLE 50; 50-11-1730, 50-11-1740, 50-11-1760, 50-11-1765, 50-11-1950; ARTICLE 9, CHAPTER 11, TITLE 50; 50-11-2210, 50-11-2240, 50-11-2310; ARTICLE 12, CHAPTER 11, TITLE 50; 50-13-60, 50-13-70, 50-13-190, 50-13-210, 50-13-230, 50-13-236, 50-13-250, 50-13-260, 50-13-510, 50-13-730, 50-13-1135, 50-13-1150, 50-13-1165, 50-13-1192, 50-13-1193, 50-13-1194, 50-13-1195, 50-13-1196, 50-13-1210, 50-13-1410, 50-13-1415, 50-13-1470, 50-13-1630, 50-13-1640, 50-13-1680, 50-13-1710, 50-13-1720, 50-13-1730, 50-13-1750; ARTICLE 13, CHAPTER 13, TITLE 50; CHAPTER 15, TITLE 50; 50-16-20, 50-16-30, 50-16-40, 50-16-50, 50-17-30, 50-17-50, 50-17-60, 50-17-65, 50-17-70, 50-17-90, 50-17-105, 50-17-120, 50-17-130, 50-17-150, 50-17-155, 50-17-160, 50-17-165, 50-17-180, 50-17-190, 50-17-210, 50-17-215, 50-17-250, 50-17-270, 50-17-280, 50-17-290; ARTICLE 3, CHAPTER 17, TITLE 50; 50-17-421, 50-17-440, 50-17-460, 50-17-470; ARTICLE 5, CHAPTER 17, TITLE 50; 50-17-625, 50-17-630, 50-17-650, 50-17-660, (B), (C), (E), AND (F), 50-17-670, 50-17-685, 50-17-716, 50-17-720, 50-17-721, 50-17-730, 50-17-740, 50-17-770, 50-17-780, 50-17-830, 50-17-850, 50-17-855, 50-17-890; ARTICLE 11, CHAPTER 17, TITLE 50; CHAPTER 18, TITLE 50; 50-19-130, 50-19-240, 50-19-410, 50-19-750, 50-19-760, 50-19-770, 50-19-1020, 50-19-1140, 50-19-1160, 50-19-1170, 50-19-1180, 50-19-1310, 50-19-1320, 50-19-30, 50-19-1730, 50-19-1920, 50-19-1925, 50-19-1935, 50-19-2210, 50-19-2215, 50-19-2230, 50-19-2240, 50-19-2310, 50-18-2330, 50-19-2520, 50-19-2610, 50-19-2630, 50-19-2640, 50-19-2710, 50-19-2830, 50-19-2850, 50-20-50, 50-20-80, 50-20-90, 50-20-110, 50-21-30, 50-21-40, 50-21-45, 50-21-50, 50-21-80, 50-21-90, 50-21-105, 50-21-112, 50-21-114, 50-21-125, 50-21-130, 50-21-135, 50-21-137, 50-21-139, 50-21-140, 50-21-145, 50-21-147, 50-21-148, 50-21-149, 50-21-150, 50-21-160; ARTICLES 3, 5, AND 7, CHAPTER 21, TITLE 50; 50-21-855, 50-21-1010, 50-23-10, 50-23-20, 50-23-60, 50-23-80, 50-23-90, 50-23-100, 50-23-110, 50-23-120, 50-23-130, 50-23-135, 50-23-140, 50-23-150, 50-23-160, 50-23-170, 50-23-180, 50-23-190, 50-23-205, 50-23-210, 50-23-220, 50-23-230, 50-23-240, 50-23-250, 50-23-260, 50-23-290, 50-25-310, 50-23-320, 50-23-1310, 50-23-1360, CHAPTER 23 OF TITLE 48, 48-25-50, 48-28-30, 48-28-40, 48-28-100, 48-30-30, 48-30-50, 48-30-70, 48-30-80, CHAPTERS 29, 33, OF TITLE 48, CHAPTER 5 OF TITLE 13; 27-2-80, 27-2-90, 48-9-30, 48-9-40, ARTICLES 3, 5, 7 AND 9 OF CHAPTER 9 OF TITLE 48, 48-9-1210, 48-9-1230, 48-9-1320, 48-9-1810, 48-9-1820, 48-9-1840, 48-9-1850, 48-9-1860, 48-9-1870, 48-11-15, 48-11-90, 48-11-100, 48-11-190, 48-11-210,60-15-20, 60-15-40, 60-15-60, 60-15-70, 60-15-80, 60-15-90, 60-1-10, 60-1-30, 60-1-40, 60-1-50, 60-1-60, 60-1-70, 60-1-80, 60-1-90, 60-1-100, 60-1-110, 60-1-120, 60-1-130, 60-1-140, 60-1-150, 60-1-160, 60-1-170, 60-2-20, 60-2-30, 60-13-10, 60-13-30, 60-13-40, 51-19-10, 51-19-20, 51-1-10, 51-1-20, 51-1-30, 51-1-40, 51-1-50, 51-1-60, 51-1-70, 51-1-75, 51-1-80, 51-1-90, 51-3-10, 51-3-20, 51-3-50, 51-3-60, 51-3-70, 51-3-90, 51-3-100, 51-3-110, 51-3-120, 51-3-130, 51-3-140, 51-3-145, 51-3-147, 51-3-160, 51-7-10, 51-7-20, 51-7-30, 51-7-40, 51-7-50, 51-7-70, 51-7-80,51-7-110, 51-11-10, 51-11-15, 51-11-60, 60-11-20, 60-11-30, 60-11-40, 60-11-50, 60-11-60, 60-11-70, 60-11-80, 60-12-10, 60-12-30, 60-12-40, 60-12-50, 60-12-60, 60-12-70, 60-12-90, 24-1-10, 24-1-100, 24-1-110, 24-1-120, 24-1-130, 24-1-140, 24-1-145, 24-1-150, 24-1-160, 24-1-170, 24-1-200, 24-1-210, 24-1-220, 24-1-230, 24-1-250, 24-1-270, 24-3-20, 24-3-30, 24-3-40, 24-3-60, 24-3-70, 24-3-80, 24-3-90, 24-3-100, 24-3-110, 24-3-130, 24-3-131, 24-3-140, 24-3-150, 24-3-160, 24-3-170, 24-3-180, 24-3-190, 24-3-200, 24-3-210, 24-3-315, 24-3-320, 24-3-330, 24-3-340, 24-3-360, 24-3-380, 24-3-390, 24-3-400, 24-3-410, 24-3-510, 24-3-520, 24-3-530, 24-3-540, 24-3-550, 24-3-710, 24-3-720, 24-3-730, 24-3-740, 24-3-750, 24-3-760, 24-3-920, 24-3-950, 24-3-960, 24-3-1120, 24-3-1130, 24-3-1140, 24-3-1150, 24-3-1160, 24-3-1170, 24-3-1180, 24-3-1190, 24-3-2030, 24-3-2050, 24-3-2060, 24-7-90, 24-9-10, 24-9-20, 24-9-30, 24-11-30, 24-13-210, 24-13-230, 24-13-270, 24-13-640, 24-13-710, 24-19-10, 24-19-20, 24-19-30, 24-19-40, 24-19-60, 24-19-80, 24-19-90, 24-19-100, 24-19-110, 24-19-160, 24-21-10, 24-21-13, 24-21-14, 24-21-20, 24-21-70, 24-21-220, 24-21-221, 24-21-230, 24-21-250, 24-21-280, 24-21-290, 24-21-485, 24-21-610, 24-21-620, 24-21-645, 24-21-650, 24-21-930, 24-25-10, 24-25-20, 24-25-30, 24-25-40, 24-25-50, 24-25-60, 24-25-70, 24-25-80, 24-25-90, 20-7-3100, 20-7-3110, 20-7-3190, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3250, 20-7-3270, 20-7-3280, 20-7-3300, 20-7-3310, CHAPTER 1, TITLE 61; ARTICLES 1 AND 3, CHAPTER 3, TITLE 61; 61-3-770, 61-5-90, 61-5-100, 61-5-140, 61-5-190, 61-5-320, 61-5-360, 61-7-100, 61-9-420, 51-9-610, 61-9-810, 61-9-820, 61-9-1050, 61-13-295, 61-13-410, 61-13-460, 61-13-470, 61-13-500, 61-13-540, 61-13-810, 61-13-835, 61-13-836, 61-3-780, 61-3-790, 56-1-10, 56-1-90, 56-1-135, 56-1-190, 56-1-221, 56-1-360, 56-1-370, 56-1-390, 56-1-520, 56-1-550, 56-1-746, 56-1-800, 56-1-820, 56-1-1030, 56-1-1090, 56-1-1320, 56-1-1330, 56-1-1760, 56-3-20, 56-3-660, 56-3-910, 56-3-1330, 56-3-1370, 56-3-1710, 56-3-1950, 56-3-1971, 56-3-2020, 56-3-2020, 56-3-2420, 56-3-3710, 56-3-3950, 56-3-4910, 56-5-60, 56-5-170, 56-5-190, 56-5-330, 56-5-380, 56-5-910, 56-5-920, 56-5-930, 56-5-935, 56-5-1210, 56-5-1260, 56-5-1270, 56-5-1300, 56-5-1320, 56-5-1330, 56-5-1340, 56-5-1350, 56-5-1360, 56-5-1520, 56-5-1530, 56-5-1540, 56-5-1560, 56-5-1570, 56-5-1890, 56-5-1910, 56-5-1980, 56-5-2120, 56-5-2540, 56-5-2550, 56-5-2585, 56-5-2715, 56-5-2720, 56-5-2730, 56-5-2910, 56-5-2920, 56-5-2945, 56-5-2950, 56-5-2970, 56-5-2980, 56-5-2990, 56-5-3000, 56-5-3750, 56-5-3660, 56-5-3670, 56-5-3680, 56-5-3690, 56-5-3760, 56-5-3880, 56-5-4030, 56-5-4035, 56-5-4040, 56-5-4070, 56-5-4075, 56-5-4095, 56-5-4140, 56-5-4145, 56-5-4150, 56-5-4160, 56-5-4170, 56-5-4175, 56-5-4180, 56-5-4185, 56-5-4190, 56-5-4200, 56-5-4205, 56-5-4210, 56-5-4220, 56-5-4715, 56-5-4720, 56-5-4840, 56-5-4880, 56-5-4940, 56-5-4970, 56-5-5010, 56-5-5015, 56-5-5080, 56-5-5120, 56-5-5140, 56-5-5320, 56-5-5330, 56-5-5340, 56-5-5350, 56-5-5360, 56-5-5390, 56-5-5400, 56-5-5410, 56-5-5420, 56-5-5430, 56-5-5650, 56-5-5670, 56-5-5810, 56-5-5830, 56-5-5850, 56-5-5860, 56-5-5870, 56-5-5880, 56-5-5900, 56-5-6110, 56-5-6140, 56-5-6170, 56-5-6180, 56-5-6200, 56-5-6210, 56-5-6230, 56-5-6240, 56-5-6340, 56-7-20, 56-7-30, 56-7-40, 56-7-50, 56-7-10, 56-7-15, 56-7-80, 56-9-20, 56-9-320, 56-9-353, 56-9-363, 56-10-20, 56-10-40, 56-10-45, 56-10-210, 56-10-240, 56-10-245, 56-10-290, 56-15-340, 56-16-20, 56-16-150, 56-16-180, 56-19-10, 56-19-20, 56-19-110, 56-25-10, 56-27-10, 56-29-50, 56-31-50, 12-2-10; CHAPTER 4, TITLE 12; 12-36-2670, 12-7-30, 12-7-435, 12-7-1220, 12-7-1225, 12-7-1250, 12-7-1680, 12-7-1700, 12-7-2300, 12-7-2415, 12-9-130, 12-9-310, 12-16-1190, 12-16-1200, 12-21-820, 12-21-1820, 12-21-1840, 12-21-2744, 12-21-2930, 12-21-3590, 12-23-810, 12-23-815, 12-27-270, 12-27-380, 12-27-390, 12-31-20, 12-36-1710, 12-36-2670, 12-37-90, 12-37-970, 12-47-440, 12-53-10, 12-54-420; ARTICLE 1, CHAPTER 54, TITLE 12; ARTICLE 5, CHAPTER 54, TITLE 54; 57-11-30, 57-11-40, 57-11-50, 57-11-60, 57-11-70, 57-1-10, 57-1-30, 57-1-45, 57-1-50, 57-1-60, 57-1-70, 57-1-80, 57-1-90, 57-1-100, 57-1-140, 57-3-10, 57-3-20, 57-3-30, 57-3-35, 57-3-270, 57-3-420, 57-3-430, 57-3-440, 57-3-480, 57-3-610, 57-3-620, 57-3-630, 57-3-640, 57-3-650, 57-3-660, 57-3-670, 57-3-680, 57-3-690, 57-3-700, 57-3-710, 57-3-720, 57-3-730, 57-3-750, 57-3-760, 57-3-770, 57-3-1010, 57-3-1020, 57-3-1030, 57-3-1040, 57-3-1050, 57-5-10, 57-5-30, 57-5-50, 57-5-60, 57-5-70, 57-5-80, 57-5-90, 57-5-100, 57-5-110, 57-5-120, 57-5-130, 57-5-140, 57-5-150, 57-5-160, 57-5-170, 57-5-180, 57-5-190, 57-5-310, 57-5-320, 57-5-330, 57-5-340, 57-5-350, 57-5-370, 57-5-380, 57-5-540, 57-5-550, 57-5-570, 57-5-580, 57-5-590, 57-5-600, 57-5-710, 57-5-720, 57-5-730, 57-5-740, 57-5-750, 57-5-760, 57-5-770, 57-5-780, 57-5-790, 57-5-800, 57-5-810, 57-5-820, 57-5-830, 57-5-840, 57-5-860, 57-5-870, 57-5-1010, 57-5-1020, 57-5-1030, 57-5-1040, 57-5-1050, 57-5-1060, 57-5-1070, 57-5-1080, 57-5-1090, 57-5-1100, 57-5-1110, 57-5-1120, 57-5-1140, 57-5-1320, 57-5-1330, 57-5-1335, 57-5-1340, 57-5-1350, 57-5-1140, 57-5-1450, 57-5-1490, 57-5-1610, 57-5-1620, 57-5-1630, 57-5-1640, 57-5-1650, 57-5-1660, 57-5-1670, 57-5-1700, 57-7-30, 57-7-50, 57-9-10, 57-9-20, 57-11-20, 57-11-80, 57-11-210, 57-11-220, 57-11-250, 57-11-280, 57-11-400, 57-13-10, 57-13-20, 57-13-40, 57-13-50, 57-13-130, 57-15-140, 57-23-120, 57-23-210, 57-23-300, 57-23-350, 57-23-400, 57-23-420, 57-23-500, 57-23-520, 57-23-600, 57-23-620, 57-23-700, 57-23-720, 57-25-120, 57-25-140, 57-25-150, 57-25-155, 57-25-160, 57-25-170, 57-25-180, 57-25-185, 57-25-190, 57-25-195, 57-25-210, 57-25-430, 57-25-440, 57-25-460, 57-25-470, 57-25-480, 57-25-490, 57-25-640, 57-25-650, 57-25-670, 57-25-680, 57-25-690, 57-25-700, 57-27-20, 57-27-45, 57-27-50, 57-27-55, 57-27-60, 57-27-70, 57-27-80, 57-27-90, 58-19-10, 58-19-30, 58-19-40, 58-19-50, 58-19-60, 58-19-70, 58-19-80, 58-19-90, 58-19-100, 58-19-110, 58-19-120, 58-19-130, 58-19-140, 58-19-150, 58-19-160, 58-19-180, 9-1-60, 12-27-210, 12-27-380, 12-27-390, 12-27-400, 12-27-405, 12-27-430, 12-27-760, 12-27-1210, 12-27-1230, 12-27-1240, 12-27-1250, 12-27-1260, 12-27-1270, 12-27-1280, 12-27-1290, 12-27-1300, 12-27-1310, 12-27-1320, 1-11-220, 1-11-230, 1-11-240, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, 1-11-315, 1-11-320, 1-11-340, 1-11-350, 58-19-10, CHAPTER 1, 37-1-203, 37-2-201, 37-2-305, 37-2-306, 37-3-201, 37-3-305, 37-3-306, 37-3-506, 37-4-107, 37-4-108, 37-4-111, 37-4-112, 37-4-203; PART 1, CHAPTER 6, TITLE 37, 37-6-402, 37-6-408, 37-6-411, 37-6-413, 37-6-414, 37-6-415; PART 5, CHAPTER 6, TITLE 37; PART 6, CHAPTER 6, TITLE 37, 37-9-102; CHAPTER 11, TITLE 37; CHAPTER 13, TITLE 37, 15-3-640, 16-17-445; CHAPTER 36, TITLE 34, 39-61-20, 39-61-160, 40-39-10, 40-39-20, 40-39-50, 40-39-90, 40-39-150, 40-58-20, 40-58-90, 40-58-100, 40-79-40, 41-25-110, 44-79-20, 44-79-40, 44-79-90, 44-79-100, 56-28-20, 56-28-90, 56-28-100; CHAPTER 102, TITLE 59, 16-3-1110, 16-3-1120, 16-3-1260, 16-3-1530, 16-3-1550, 20-7-5610, 20-7-5630, 20-7-5660, 20-7-5670; CHAPTER 11, TITLE 25, 1-15-10; CHAPTER 4, TITLE 17, 24-26-10, 20-7-121, 20-7-125, 20-7-128, TO ADD SECTIONS 1-11-750, 1-23-111, 1-23-315,12-43-303, 40-11-350, 40-13-300, 40-28-215, 40-45-260, 40-73-15, 41-3-610, 41-15-645, 41-43-65, 23-3-15, 57-3-615, CHAPTER 2 OF TITLE 48, 48-43-15, 49-3-35, 50-1-280, 59-67-405, 69-67-545, 41-45-15, 42-1-5, 13-3-25, 38-79-435, 42-7-15, AND ARTICLE 21 TO TITLE 44 OF CHAPTER 55, CHAPTER 2, TITLE 56, AND TO REPEAL SECTIONS 20-7-3120, 20-7-3130, 20-7-3140, 20-7-3150, 20-7-3160, 20-7-3170, 20-7-3180, 20-7-3200, 20-7-5810, 20-7-5820, 20-7-5830, 20-7-5840, 20-7-5850, 20-7-5860, 24-1-40, 24-1-50, 24-1-60, 24-1-70, 24-1-80, 24-1-90, 24-21-210, 42-3-20, 42-3-25, 42-3-40, 42-3-50, 42-3-60, 42-3-100, 42-3-120, 42-3-130, 42-3-140, 42-3-150, 42-3-160, 42-3-170, 44-49-30, 1-23-390, 1-23-400, 1-20-50, 60-11-40, 57-3-40, 57-3-50, 57-3-210, 57-3-215, 57-3-220, 57-3-230, 57-3-240, 57-3-250, 57-3-260, 57-3-410, 57-3-450, 57-3-460, 57-3-470, 57-3-490, 57-3-500, 57-3-510, 57-3-520, 58-19-20, 58-19-170, 61-3-780, 61-3-790, 56-1-145, 56-1-410, 56-1-830, 56-1-1390, 56-3-625, 56-5-370, 56-5-5930, 12-7-40, 12-7-50, 12-7-60, 12-7-775, 12-16-1190, 12-16-1340, 12-21-120, 12-21-700, 12-21-2490, 12-21-2500, 12-23-80, 12-27-420, 12-47-210, 12-47-220, 51-1-15, 60-13-20, 60-13-50, 60-1-20, 60-15-30, 60-15-50, 44-9-30, 23-8-10, 23-8-20, 23-8,30, 23-9-510, 23-9-520, 23-9-530, 23-43-50, 40-29-60, 40-47-570, 40-67-100, 40-77-100, 41-3-20, 41-15-600, 41-15-610, 41-15-620, 41-15-630, 41-15-640, 41-43-40, 41-43-60, 41-45-60, 23-3-60, 23-5-20, 58-3-320, 58-3-330, 58-3-340, 58-3-350, 58-3-370, 23-23-210, 23-23-220, 23-23-230, 23-23-240, 23-23-250, 23-23-260, 61-5-140,44-6-20, 44-6-60, 44-6-65, 44-6-100, 44-6-110, 44-6-130, 44-61-150, 20-7-2308, 20-7-2309, 20-7-2327, 20-7-2335, 20-7-2337, 20-7-2365, 20-7-2950, 59-49-20, 59-49-30, 59-49-40, 59-49-60, 59-49-90, 59-49-120, ARTICLES 13 AND 15 OF TITLE 48, 49-3-20, 49-3-30, 49-7-20, 49-7-30, 49-7-40, 49-7-50, 42-17-50, 42-9-380, 38-3-90, 38-3-50, 38-3-20, 38-3-30, 13-3-130, 13-3-40, 13-3-50, 13-3-60, 55-5-250, 55-5-40, 55-1-15, 20-7-5620, 20-7-5680, 46-5-10, 50-1-280, AND CHAPTER 5 OF TITLE 12, SO AS TO REVISE THEM IN CONFORMITY WITH THE ABOVE PROVISIONS.
Senators WILLIAMS, DRUMMOND, ROSE, McCONNELL, J. VERNE SMITH and RICHTER spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
H. 3610 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1993 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND THE 1976 CODE BY ADDING SECTION 25-1-3235 SO AS TO PROVIDE THAT PERSONS BECOMING MEMBERS OF THE NATIONAL GUARD AFTER JUNE 30, 1993, ARE INELIGIBLE TO RECEIVE THE NATIONAL GUARD STATE PENSION AUTHORIZED PURSUANT TO ARTICLE 23, CHAPTER 1, TITLE 25 OF THE 1976 CODE AND TO PROHIBIT THE USE OF FUNDS APPROPRIATED FOR THE ADJUTANT GENERAL'S OFFICE FOR RECRUITING PURPOSES UNLESS THE ENLISTMENT CONTRACT CONTAINS NOTICE OF THIS PROVISION; TO AMEND SECTION 44-20-1170 OF THE 1976 CODE, RELATING TO THE DISPOSITION OF REVENUES IN REGARD TO CAPITAL IMPROVEMENTS FOR MENTAL RETARDATION, SO AS TO PERMIT CERTAIN EXCESS DEBT SERVICE FUNDS TO BE TRANSFERRED TO LOCAL MENTAL RETARDATION BOARDS FOR NEEDED IMPROVEMENTS AT THE LOCAL LEVEL; TO AMEND SECTION 59-54-20 OF THE 1976 CODE, RELATING TO THE REQUIREMENT THAT THE STATE COUNCIL ON VOCATIONAL AND TECHNICAL EDUCATION ALSO SERVE AS THE STATE OCCUPATIONAL TRAINING ADVISORY COMMITTEE, SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION RATHER THAN THE STATE COUNCIL ON VOCATIONAL AND TECHNICAL EDUCATION SHALL SERVE AS THIS ADVISORY COMMITTEE; TO AMEND THE 1976 CODE BY ADDING SECTION 50-1-280 SO AS TO PROVIDE FOR THE CREATION OF THE DIVISION OF NATURAL RESOURCES POLICE OF THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT FROM THE DIVISIONS OF LAW ENFORCEMENT AND BOATING; TO AMEND TITLE 40 OF THE 1976 CODE, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 81 SO AS TO CREATE THE PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES MANAGEMENT DIVISION, TO PROVIDE FOR ITS MANAGEMENT, POWERS, AND DUTIES, AND FOR TRANSITION TO UNIFIED MANAGEMENT, TO AMEND SECTION 11-5-210, AS AMENDED, RELATING TO POLA AGENCIES, SO AS TO PROVIDE FOR THE FISCAL OPERATIONS OF THESE AGENCIES, AND TO PROVIDE SPECIAL REVENUE REQUIREMENTS FOR CERTAIN POLA AGENCIES IN FISCAL YEAR 1993-94; TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE BY WHICH VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 ARE ADOPTED FOR STATE INCOME TAX; TO AMEND SECTION 8-17-320 OF THE 1976 CODE, RELATING TO DEFINITIONS IN REGARD TO STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO REVISE THE DEFINITION OF "PROBATIONARY EMPLOYEE" AND "TEMPORARY EMPLOYEE"; AND TO AMEND SECTION 8-17-330, AS AMENDED, RELATING TO STATE AGENCY EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO FURTHER PROVIDE FOR CERTAIN SITUATIONS OR ACTIONS WHICH ARE NOT CONSIDERED GRIEVANCES; TO AMEND SECTION 11-35-310, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT STATE GOVERNMENTAL BODIES SUBJECT TO A TERM CONTRACT MAY PURCHASE OUTSIDE THE CONTRACT WHEN SUCH A PURCHASE IS MORE ECONOMICAL TO THE STATE; TO AMEND SECTION 11-35-3030 OF THE 1976 CODE, RELATING TO THE BOND AND SECURITY UNDER THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT A BID SECURITY BOND IS REQUIRED ONLY ON SEALED COMPETITIVE BIDS FOR CONSTRUCTION CONTRACTS IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS; TO AMEND SECTION 11-35-1550 OF THE 1976 CODE, RELATING TO SMALL PURCHASES UNDER THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE FOR BID PROCEDURES ON PROCUREMENTS NOT EXCEEDING FIFTY THOUSAND DOLLARS; TO AMEND SECTION 11-35-1520, AS AMENDED, OF THE 1976 CODE, RELATING TO COMPETITIVE SEALED BIDS UNDER THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO RAISE THE COMPETITIVE SEALED BIDS THRESHOLD FROM PROCUREMENTS OF TWO THOUSAND FIVE HUNDRED DOLLARS OR MORE TO PROCUREMENTS OF FIFTY THOUSAND DOLLARS OR MORE; TO AMEND SECTION 11-35-4210 OF THE 1976 CODE, RELATING TO PROTESTS AND REMEDIES UNDER THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO AUTHORIZE THE PROCUREMENT REVIEW PANEL TO ASSESS A PROTESTER FOR THE STATE'S LEGAL AND ADMINISTRATIVE COSTS IF THE PANEL DETERMINES THE PROTEST WAS FRIVOLOUS OR WITHOUT MERIT; TO AMEND SECTION 11-35-4410, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PROCUREMENT REVIEW PANEL, SO AS TO ADD A STATE EMPLOYEE TO THE PANEL APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY WHO SHALL SERVE FOR A TERM OF FOUR YEARS AND UNTIL HIS SUCCESSOR IS APPOINTED AND QUALIFIES; TO AMEND SECTION 12-27-390, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DISTRIBUTION TO COUNTIES OF A PORTION OF GASOLINE TAXES THROUGH THE WATER RECREATIONAL RESOURCES FUND, SO AS TO INCREASE FROM ONE-HALF TO ONE PERCENT THE AMOUNT OF GASOLINE TAX REVENUE SO ALLOCATED, TO EXTEND THE ALLOCATION TO THE 2.66 CENTS A GALLON ADDITIONAL GASOLINE TAX, TO PROVIDE THAT THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT MUST BE REIMBURSED FOR LAW ENFORCEMENT COSTS INCURRED PURSUANT TO THIS PROGRAM IN AN AMOUNT NOT TO EXCEED ONE-THIRD OF THE REVENUES CREDITED TO THE WATER RECREATIONAL RESOURCES FUND, AND TO REVISE OBSOLETE ALLOCATION PROVISIONS; TO AMEND SECTION 51-1-75 OF THE 1976 CODE, RELATING TO THE ADMISSIONS TAX REVENUES ALLOCATED TO THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ELIMINATE THE FIVE MILLION DOLLAR THRESHOLD FOR THE ALLOCATION AND TO ALLOW THE AGENCY TO USE ADMISSIONS TAX REVENUES FOR DEPARTMENTAL OPERATIONS; TO AMEND SECTION 44-7-130 OF THE 1976 CODE, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE CERTAIN DEFINITIONS IN REGARD TO MENTALLY RETARDED PERSONS; AND TO ADD SECTION 44-20-355 SO AS TO IMPOSE A FIVE DOLLAR A PATIENT DAY FEE IN INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED; TO AMEND THE 1976 CODE BY ADDING SECTION 60-15-95 SO AS TO CREATE THE GRANTS REVIEW BOARD OF THE SOUTH CAROLINA ARTS COMMISSION, TO PROVIDE FOR ITS MEMBERS, TERMS, AND PURPOSE, AND TO PROVIDE THAT MEMBERS RECEIVE NO COMPENSATION EXCEPT AS PROVIDED BY LAW FOR STATE BOARDS AND COMMISSIONS; TO IMPOSE A ONE-TIME TWO HUNDRED FIFTY DOLLAR ADDITIONAL LICENSE TAX ON ALL COIN-OPERATED MACHINES OF THE NONPAYOUT TYPE, IN-LINE PIN GAMES, OR VIDEO GAMES WITH A FREE PLAY FEATURE LICENSED FOR ANY PERIOD FALLING BETWEEN JULY 1, 1993, AND JUNE 30, 1994, TO REQUIRE THE REVENUE TO BE CREDITED TO A SPECIAL ACCOUNT AND USED BY THE TAX COMMISSION EXCLUSIVELY TO PURCHASE METERING DEVICES TO MONITOR SUCH MACHINES ON A TWENTY-FOUR HOUR BASIS, AND TO REQUIRE THE TAX COMMISSION TO ADMINISTER THE FUND AND IMPLEMENT THE MONITORING PURSUANT TO REGULATIONS APPROVED BY THE GENERAL ASSEMBLY; TO AMEND SECTION 56-5-4160 OF THE 1976 CODE, RELATING TO PENALTIES FOR EXCESS TRUCK WEIGHTS, SO AS TO REDUCE THE PENALTIES FOR EXCESS GROSS WEIGHT, REDUCE THE CRIMINAL PENALTY, CHANGE A CRIMINAL PENALTY TO A CIVIL PENALTY, ALLOW THE CIVIL PENALTY TO BE SUSPENDED, DELETE PROVISIONS RELATING TO THE JURISDICTION OF MAGISTRATES IN TRUCK WEIGHT VIOLATIONS, REQUIRE THE CIVIL PENALTY TO BE REMITTED TO THE COUNTY WHERE THE VIOLATION OCCURRED, AND DELETE THE SEPARATE UNIFORM CITATION FOR SIZE AND WEIGHT VIOLATIONS AND THE NOTICE PROVISIONS OF THE UNIFORM CITATION; TO AMEND SECTION 44-6-140, AS AMENDED, OF THE 1976 CODE, RELATING TO THE MEDICAID HOSPITAL PAYMENT SYSTEM, SO AS TO DELETE THE REQUIRED BIENNIAL ADJUSTMENT IN THE MAXIMUM ALLOWABLE PAYMENT AMOUNT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-3-251, 56-3-252, 56-3-253, AND 56-3-254 SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DEVELOP A COUNTY PROPERTY TAX STICKER AND PROVIDE FOR RELATED REQUIREMENTS AND PENALTIES, BIENNIAL REGISTRATION OF MOTOR VEHICLES, AND REQUIREMENTS WHEN DELINQUENT PROPERTY TAXES ARE OWED ON A VEHICLE; TO AMEND SECTION 56-3-20, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO MOTOR VEHICLE REGISTRATION AND LICENSING, SO AS TO DEFINE "FREEZE A VEHICLE'S TITLE"; TO AMEND SECTION 56-3-350, RELATING TO THE REFUSAL BY THE DEPARTMENT TO REGISTER AND LICENSE OR TRANSFER REGISTRATION, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH REFUSAL IS AUTHORIZED; TO AMEND SECTION 56-3-376, AS AMENDED, RELATING TO THE SYSTEM OF REGISTRATION, SO AS TO DELETE REFERENCES TO A REPEALED SECTION, CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL, AND REVISE THE REGISTRATION FEES AND PERIOD; TO AMEND SECTION 56-3-377, RELATING TO THE EXPIRATION OF REGISTRATION, SO AS TO DELETE THE REFERENCE TO A REPEALED SECTION AND CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL, AND THE EXPIRATION FROM TWELVE TO TWENTY-FOUR MONTHS; TO AMEND SECTION 56-3-385, RELATING TO EXTENSION OF THE DEADLINE FOR LICENSE PLATES AND STICKERS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION 56-3-420, RELATING TO REGISTRATION AND LICENSING OF AUTOMOBILE UTILITY TRAILERS, SO AS TO PROVIDE AN ADDITIONAL AUTHORIZATION TO REFUSE REGISTRATION AND LICENSING; TO AMEND SECTION 56-3-610, RELATING TO THE PAYMENT FOR REGISTRATION AND LICENSING, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION 56-3-620, RELATING TO THE REGISTRATION FEES FOR CERTAIN VEHICLES, AND SECTION 56-3-640, RELATING TO REGISTRATION AND LICENSE FEES FOR COMMON CARRIER PASSENGER VEHICLES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND REVISE THE FEES; TO AMEND SECTION 56-3-660, AS AMENDED, RELATING TO FEES, REGISTRATION, AND LICENSING FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL, CHANGE THE REGISTRATION AND LICENSING PERIOD, AND REVISE THE FEES; TO AMEND SECTION 56-3-670, RELATING TO SPECIAL FARM VEHICLE LICENSES FOR FARM TRUCKS, SECTION 56-3-700, RELATING TO REGISTRATION FEES FOR TRAILERS, SEMITRAILERS, AND POLE TRAILERS, SECTION 56-3-710, RELATING TO REGISTRATION FEES FOR HOUSE TRAILERS, SECTION 56-3-720, RELATING TO REGISTRATION FEES FOR CAMPERS AND TRAVEL TRAILERS, SECTION 56-3-740, RELATING TO REGISTRATION FEES FOR TRACKLESS TROLLEY BUSES, SECTION 56-3-750, RELATING TO REGISTRATION AND LICENSE FEES FOR SPECIAL MOBILE EQUIPMENT VEHICLES, AND SECTION 56-3-760, RELATING TO REGISTRATION FEES FOR MOTORCYCLES AND MOTOR-DRIVEN CYCLES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND REVISE THE FEES; TO AMEND SECTION 56-3-770, RELATING TO REGISTRATION AND LICENSE FEES FOR MOTOR VEHICLES WITH SOLID TIRES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 56-3-780, RELATING TO PERMANENT LICENSE PLATES FOR STATE POLITICAL SUBDIVISION AND CIVIL AIR PATROL MOTOR VEHICLES, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL AND REVISE THE FEES; TO AMEND SECTION 56-3-900, RELATING TO REFUNDS OF REGISTRATION AND LICENSE FEES, SO AS TO INCLUDE BIENNIAL REGISTRATION; TO AMEND SECTION 56-3-1230, RELATING TO SPECIFICATIONS FOR LICENSE PLATES AND REVALIDATION STICKERS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTIONS 56-3-1510, 56-3-1520, AND 56-3-1530, RELATING TO SPECIAL LICENSE PLATES FOR AMATEUR RADIO OPERATORS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL, REVISE THE REGISTRATION FEES, AND CHANGE THE REFERENCE TO THE LICENSING PERIOD; TO AMEND SECTIONS 56-3-1610 AND 56-3-1630, RELATING TO SPECIAL LICENSE PLATES FOR EMERGENCY MEDICAL TECHNICIANS, SECTIONS 56-3-1750 AND 56-3-1760, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE UNITED STATES MILITARY RESERVE, AND SECTION 56-3-1820, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE NATIONAL GUARD, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND REVISE THE REGISTRATION FEES; TO AMEND SECTIONS 56-3-2010 AND 56-3-2020, RELATING TO SPECIAL PERSONALIZED LICENSE PLATES FOR CERTAIN PERSONS, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL, REVISE THE REGISTRATION FEES, AND CHANGE THE REFERENCE TO THE LICENSING PERIOD; TO AMEND SECTIONS 56-3-2150 AND 56-3-2160, RELATING TO SPECIAL LICENSE PLATES FOR THE TRANSPORTATION OF HOUSE TRAILERS, SECTIONS 56-3-2810 AND 56-3-2820, RELATING TO SPECIAL LICENSE PLATES FOR VOLUNTEER FIREMEN, AND SECTIONS 56-3-3310 AND 56-3-3320, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND CHANGE THE LICENSING PERIOD; TO AMEND SECTION 56-3-3710, RELATING TO SPECIAL LICENSE PLATES WITH COLLEGE OR UNIVERSITY EMBLEMS, SECTION 56-3-3910, RELATING TO SPECIAL LICENSE PLATES COMMEMORATING THE STATE DANCE, AND SECTION 56-3-3950, RELATING TO SPECIAL "KEEP SOUTH CAROLINA BEAUTIFUL" LICENSE PLATES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL, REVISE THE REGISTRATION FEES, AND CHANGE THE LICENSING PERIOD; AND TO REPEAL SECTION 56-3-375 RELATING TO THE REGISTRATION SCHEDULE FOR MOTOR VEHICLES; TO AMEND SECTION 12-27-400, AS AMENDED, OF THE 1976 CODE, RELATING TO DISTRIBUTION AND USE OF THE 2.66 CENT GASOLINE TAX, SO AS TO REVISE THE FORMULA FOR DISTRIBUTION AND USE OF "C" FUNDS BY PROVIDING THAT "C" FUND REVENUES MUST BE RETURNED TO THE COUNTY IN WHICH THE TAX WAS COLLECTED AND TO PROVIDE THAT ALL "C" FUNDS MAY BE EXPENDED ONLY IN FURTHERANCE OF A COUNTYWIDE OR REGIONAL TRANSPORTATION PLAN ADOPTED BY THE GOVERNING BODY OF THE COUNTY OR COUNTIES AND MUNICIPALITIES INVOLVED AND IN FURTHERANCE OF THAT PLAN TO ALLOW "C" FUNDS TO BE PLEDGED TO ISSUE REVENUE BONDS, PAY FOR PROJECTS DIRECTLY, AND USED TO MATCH FEDERAL FUNDS AVAILABLE FOR APPROPRIATE PROJECTS, TO DIRECT THE SOUTH CAROLINA TAX COMMISSION TO PROVIDE FOR THE REPORTING OF GASOLINE TAXES IN A MANNER ALLOWING ALLOCATION OF REVENUES TO THE COUNTIES IN WHICH THE TAXES WERE COLLECTED, TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY MUST APPROVE ALL EXPENDITURES RATHER THAN THE LEGISLATIVE DELEGATION AND TO REQUIRE ALL EXPENDITURES TO BE IN FURTHERANCE OF THE TRANSPORTATION PLAN, TO REQUIRE THE TAX COMMISSION TO REPORT COUNTY ALLOCATIONS QUARTERLY TO COUNTY TREASURERS, AND TO PROVIDE FOR AN AMOUNT TO BE TRANSFERRED ANNUALLY FROM THE STATE HIGHWAY FUND TO INSURE THAT A COUNTY RECEIVES NOT LESS THAN EIGHTY PERCENT OF THE AMOUNT IT WOULD HAVE RECEIVED UNDER THE PRIOR DISTRIBUTION FORMULA; TO AMEND THE 1976 CODE BY ADDING ARTICLE 6 TO CHAPTER 21, TITLE 24 SO AS TO PROVIDE FOR A COMPREHENSIVE COMMUNITY CONTROL SYSTEM WITHIN THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 14-1-210, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF A COST OF COURT FEE TO FUND CERTAIN PROGRAMS AND FEES FOR PARTICULAR CONVICTIONS, SO AS TO, AMONG OTHER THINGS, DELETE LANGUAGE, CHANGE CERTAIN COST OF COURT FEES, AND PROVIDE FOR THE FUNDING OF PROGRAMS ESTABLISHED BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES UNDER CHAPTER 21 OF TITLE 24, EXCEPT THAT THE SHOCK PROBATION FACILITY MUST BE FUNDED AT THE LEVEL EXISTING ON JUNE 24, 1990; TO AMEND THE 1976 CODE BY ADDING SECTION 24-21-476 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE COURT MAY SUSPEND THE SENTENCE OF A DEFENDANT CONVICTED OF A NONVIOLENT CRIME AS DEFINED IN SECTION 16-1-70 AND PLACE THE DEFENDANT ON SHOCK PROBATION FOR A PERIOD OF NINETY DAYS AS A CONDITION OF PROBATION, PROVIDED THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES HAS RECOMMENDED THE PLACEMENT; AND TO REPEAL ARTICLE 13 OF CHAPTER 13 OF TITLE 24 OF THE 1976 CODE, RELATING TO THE SHOCK INCARCERATION PROGRAM; TO AMEND SECTION 24-21-80 OF THE 1976 CODE, RELATING TO THE REQUIREMENT THAT PROBATIONERS AND PAROLEES MUST PAY A CERTAIN FEE, DELINQUENCY, AND EXEMPTION, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE, REQUIRE THE PAYMENT OF A REGULAR SUPERVISION FEE, RATHER THAN TWO HUNDRED FORTY DOLLARS A YEAR, TOWARD OFFSETTING THE COST OF SUPERVISION FOR THE DURATION OF THE SUPERVISION, CHANGE OTHER FEES, AND PROVIDE, AMONG OTHER THINGS, THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES MAY SUBSTITUTE PUBLIC SERVICE EMPLOYMENT FOR SUPERVISION FEES WHEN IT CONSIDERS THE SAME TO BE IN THE BEST INTEREST OF THE STATE AND THE INDIVIDUAL; TO AMEND SECTION 24-21-960 OF THE 1976 CODE RELATING TO RE-APPLICATION FOR PARDON AFTER DENIAL, SO AS TO PROVIDE FOR A PARDON APPLICATION FEE; TO AMEND TITLE 2 OF THE 1976 CODE, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 4 SO AS TO CREATE THE OFFICES OF HOUSE RESEARCH AND SENATE RESEARCH AND TO PROVIDE FOR THEIR FUNCTIONS AND DUTIES AND TO REPEAL CHAPTERS 18, 19, AND 22 OF TITLE 1 AND CHAPTER 15 OF TITLE 2, RELATING TO THE SUNSET LAW, THE STATE REORGANIZATION COMMISSION, THE COMPLIANCE REVIEW ACT OF 1988, AND THE LEGISLATIVE AUDIT COUNCIL AND TO DEVOLVE THE PROPERTY AND PERSONNEL OF THE STATE REORGANIZATION COMMISSION AND THE LEGISLATIVE AUDIT COUNCIL ON THE OFFICES OF HOUSE AND SENATE RESEARCH; TO AMEND SECTION 59-65-10 OF THE 1976 CODE, RELATING TO THE MINIMUM AGE FOR ENROLLMENT IN KINDERGARTEN, SO AS TO PROVIDE FOR ENROLLMENT FOR STUDENTS ATTAINING FIVE YEARS OF AGE BEFORE SEPTEMBER FIRST RATHER THAN NOVEMBER FIRST; TO AMEND SECTION 59-29-80 OF THE 1976 CODE RELATING TO PHYSICAL EDUCATION REQUIREMENTS IN PUBLIC SCHOOLS, SO AS TO ALLOW VARSITY OR JUNIOR VARSITY SPORTS PARTICIPATION TO SUBSTITUTE FOR THE REQUIREMENT; TO REQUIRE THE SEVERAL SCHOOLS OF THE STATE TO DEVELOP AND IMPLEMENT AN "EARLY INTERVENTION PROGRAM" CONSISTING OF AN EARLY CHILDHOOD COMPONENT FOR PRE-KINDERGARTEN TO THIRD GRADE AND AN INTERMEDIATE COMPONENT FOR THE FOURTH GRADE THROUGH TWELFTH GRADE THE PURPOSES OF WHICH ARE TO FOCUS THE STATE'S RESOURCES ON EFFECTIVE PREVENTION OF ACADEMIC DEFICITS, EMPHASIZE AN EARLY CHILDHOOD EDUCATION SO CHILDREN ARE BETTER PREPARED FOR SCHOOL, AND ESTABLISH THE EXPECTATION THAT BY PROVIDING EXTRA ASSISTANCE, ALL STUDENTS WILL GRADUATE FROM HIGH SCHOOL WITH THEIR PEERS, AND TO PROVIDE FOR THE MANNER IN WHICH THIS PROGRAM MUST BE IMPLEMENTED, CERTAIN FUNDS MUST BE ALLOCATED, AND USE IN REGARD TO THESE PROGRAMS; TO AMEND SECTION 59-20-60 OF THE 1976 CODE, RELATING TO THE DEFINED MINIMUM PROGRAM EXPENDITURES OF FUNDS FOR THIS PROGRAM AND SCHOOL IMPROVEMENT PLANS AND REPORTS, SO AS TO REQUIRE A FIVE YEAR RENEWAL PLAN RATHER THAN AN IMPROVEMENT PLAN, TO PROVIDE FOR THE PROCESS FOR DEVELOPING THE PLAN, THE CONTENTS AND EVALUATION OF THE PLAN, AND FUNDING TO ACHIEVE THE PLAN; TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FORMULATE AN IMPLEMENTATION PLAN TO ACCOMPLISH CERTAIN NATIONAL EDUCATION GOALS BY THE YEAR 2000 AS APPLICABLE TO SOUTH CAROLINA, AND TO PROVIDE FOR THE MANNER IN WHICH AND TIME TABLES UNDER WHICH THE PLAN MUST BE FORMULATED.
Senators DRUMMOND, PASSAILAIGUE and ROSE spoke on the Bill.
Read the first time and referred to the Committee on Finance.
H. 3738 -- Reps. J. Bailey, Gonzales and Kirsh: A BILL TO AMEND SECTION 56-5-1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC ACCIDENT REPORT FORMS, SO AS TO REVISE THE REQUIREMENTS FOR THE CONTENT OF THE REPORTS AND PROHIBIT THE USE OF CERTAIN INFORMATION IN DRIVING RECORDS.
Read the first time and referred to the Committee on Transportation.
H. 3756 -- Rep. Stille: A BILL TO AMEND SECTION 7-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ABBEVILLE COUNTY, SO AS TO DELETE THE SPECIFIC LOCATIONS OF POLLING PLACES FOR EACH PRECINCT AND PROVIDE THAT THE POLLING PLACES MUST BE DETERMINED BY THE ABBEVILLE COUNTY ELECTION COMMISSION WITH THE APPROVAL OF THE ABBEVILLE COUNTY LEGISLATIVE DELEGATION.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
At 12:47 P.M., the PRESIDENT assumed the Chair.
Senator SETZLER from the Committee on Education submitted a majority favorable with amendment and Senator STILWELL a minority unfavorable report on:
S. 224 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT ISSUING OF DRIVERS' LICENSES TO RESIDENTS UNDER SEVENTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES OR DO NOT HAVE A G.E.D. CERTIFICATE OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE THE ATTENDANCE SUPERVISOR OR HIS DESIGNEE TO PROVIDE ENROLLMENT STATUS DOCUMENTATION TO PERSONS AT LEAST FIFTEEN YEARS OF AGE ON A FORM PRESCRIBED BY THE STATE DEPARTMENT OF EDUCATION IN CONSULTATION WITH THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO REQUIRE ATTENDANCE SUPERVISORS TO NOTIFY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF PERSONS WHO WITHDRAW FROM SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE LICENSE OF SUCH PERSONS UPON TEN DAYS WRITTEN NOTICE, TO PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE LICENSE REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR FAMILY HARDSHIP WAIVER, AND TO PROVIDE THAT AN SR-22 DOES NOT HAVE TO BE FILED FOLLOWING REINSTATEMENT OF A DRIVER'S LICENSE SUSPENDED PURSUANT TO THIS SECTION.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 355 -- Senators Martin, Giese and J. Verne Smith: A BILL TO AMEND SECTION 41-15-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT WHEN AN INDUSTRIAL ACCIDENT OR CATASTROPHIC RELEASE OCCURS WHICH MUST BE REPORTED TO THE COMMISSIONER OF LABOR, THE EMPLOYER SHALL PREVENT THE DESTRUCTION, ALTERATION, OR REMOVAL OF ANY ITEMS, DOCUMENTS, OR EQUIPMENT FROM THE WORKSITE UNLESS THE PRIOR APPROVAL OF THE COMMISSIONER OF LABOR OR HIS DESIGNATED REPRESENTATIVE HAS BEEN OBTAINED; TO AMEND SECTION 41-15-280 OF THE 1976 CODE, SO AS TO PROVIDE AN EXCEPTION TO THE PROHIBITION THAT A CITATION MAY NOT BE ISSUED UNDER THIS SECTION AFTER THE EXPIRATION OF SIX MONTHS FOLLOWING THE OCCURRENCE OF ANY VIOLATION BY PROVIDING THAT A CITATION MAY BE ISSUED NO MORE THAN ONE YEAR FOLLOWING THE OCCURRENCE OF A VIOLATION WHICH IS DISCOVERED DURING THE INVESTIGATION OF AN INDUSTRIAL ACCIDENT OR CATASTROPHIC RELEASE WHICH MUST BE REPORTED TO THE COMMISSIONER OF LABOR; AND TO AMEND SECTION 42-19-40 OF THE 1976 CODE, SO AS TO PROVIDE THAT SUCH RECORDS OF THE COMMISSION, WHICH ARE NOT OPEN TO THE PUBLIC, INSOFAR AS THEY REFER TO ACCIDENTS, INJURIES, AND SETTLEMENTS, MAY BE INSPECTED BY OTHER STATE AGENCIES SATISFYING THE COMMISSION OF THEIR INTEREST IN SUCH RECORDS AND OF THE RIGHT TO INSPECT THEM.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:
S. 419 -- Senators Martin and Moore: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES; BY ADDING SECTION 57-23-185 SO AS TO PROVIDE THAT JUST COMPENSATION BE PAID TO LANDOWNERS FOR REMOVAL OF SIGNS; AND TO AMEND SECTION 57-25-140, AS AMENDED, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO ALLOW SIGNS PROVIDING DIRECTIONAL INFORMATION.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a majority favorable with amendment and Senator BRYAN a minority unfavorable report on:
S. 469 -- Senators Courson, Mitchell, Leatherman and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, AND TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out S. 471 favorable:
S. 471 -- Senators Washington and Mescher: A SENATE RESOLUTION CONGRATULATING THE WALTERBORO HIGH SCHOOL BAND OF BLUE OF COLLETON COUNTY ON THE INVITATION IT HAS RECEIVED TO MARCH IN THE 1994 TOURNAMENT OF ROSES PARADE IN PASADENA, CALIFORNIA, ENCOURAGING THE CITIZENS AND BUSINESSES OF SOUTH CAROLINA TO ASSIST THE BAND'S FUNDRAISING EFFORTS FOR THE PURPOSE OF ACCEPTING THE INVITATION AND REPRESENTING THE STATE, AND EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SENATE TO A REPRESENTATIVE GROUP FROM THE WALTERBORO HIGH SCHOOL BAND OF BLUE ON A DATE AND AT A TIME TO BE DETERMINED BY THE SENATE'S PRESIDENT FOR THE PURPOSE OF BEING RECOGNIZED AND PRESENTED A COPY OF THIS RESOLUTION.
Courson Peeler Wilson
Thomas Patterson Stilwell
O'Dell Passailaigue
Matthews Russell
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations stated that pursuant to the provisions of Rule 36, three-fourths of the membership of the Invitations Committee have voted affirmatively, and submitted a favorable report on:
(a) Senator RUSSELL's written request that on March 31, 1993, a representative group of athletes and school representatives from the S.C. School for the Deaf and the Blind be granted the Privilege of the Chamber, to that area behind the rail.
(b) Senator McCONNELL's written request that on April 8, 1993, former Representative William W. Walker and several family members be granted the Privilege of the Chamber, to that area behind the rail.
(c) Senator WASHINGTON's written request that on April 14, 1993, a representative group of the Walterboro High School Band be granted the Privilege of the Chamber, to that area behind the rail, and that the band director be granted leave to stand inside the rail for the purpose of receiving a Resolution.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 550 -- Senator Stilwell: A BILL TO AMEND SECTION 27-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, DURATION, EFFECT, AND CONVEYANCE OF CONSERVATION EASEMENTS, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR A PUBLIC HEARING ON A PROPOSAL BY A GOVERNMENTAL BODY TO CONVEY AN EASEMENT.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
S. 130 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-200 SO AS TO PROHIBIT HAZING AT STATE UNIVERSITIES, COLLEGES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TO PROVIDE PENALTIES.
S. 127 -- Senator Rose: A BILL TO AMEND SECTION 59-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF NEW TEXTBOOKS, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION NOT TO ADOPT A TEXTBOOK WHICH CONTAINS SUBSTANTIVE ERRORS; TO AMEND SECTION 59-31-510, RELATING TO CONTRACTS WITH PUBLISHERS FOR RENTAL OR PURCHASE OF BOOKS, SO AS TO REQUIRE THAT THE CONTRACT CONTAINS A PROVISION REQUIRING BOOKS TO BE FREE OF SUBSTANTIVE ERRORS; TO AMEND SECTION 59-31-600, RELATING TO STANDARDS FOR ADOPTION OF TEXTBOOKS, SO AS TO REQUIRE ONE LAYPERSON AND THAT A MAJORITY OF THE COMMITTEE MEMBERS HAVE EXPERTISE IN AREA UNDER CONSIDERATION AND TO PROVIDE ADDITIONAL CRITERIA TO RATE TEXTBOOKS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-31-700 SO AS TO PROVIDE FOR PUBLIC REVIEW AND HEARINGS BEFORE TEXTBOOKS ARE ADOPTED BY THE STATE BOARD OF EDUCATION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Education Committee proposed the following amendment (EDU127.01), which was adopted:
Amend the bill, as and if amended, on page 2, line 11 by striking the word / allows / and inserting:
/ allow /.
Amend the bill further, as and if amended, on page 2, line 36 by striking:
/ substantive, factual, /
and inserting:
/ substantive factual /.
Amend the bill further, as and if amended, on page 3, line 8 by inserting after the word /layperson/ the following:
/ and up to twenty-five percent laypeople /.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 328 -- Senators Washington, Bryan, Patterson, Matthews, Waldrep, Ford, Glover and Jackson: A BILL TO AMEND SECTION 59-67-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMIT OF SCHOOL BUSES, SO AS TO INCREASE THE SPEED LIMIT TO FORTY-FIVE MILES AN HOUR.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (328R001.NGS), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 24 through 26, and inserting the following:
/ operated in this State in excess of thirty-five forty-five miles an hour, except as provided in Section 59-67-525 when traveling on a highway with a posted maximum speed above fifty-five miles per hour, or when traveling to and from /
Amend the bill further, as and if amended, page 1, after line 34, by adding an appropriately numbered new SECTION to read:
/ SECTION . Section 59-57-625 of the 1976 Code is repealed. /
Amend title to conform.
Senator WASHINGTON explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 461 -- Senators Giese, Setzler, Rose, J. Verne Smith, Elliott, Short, Ford, Ryberg, Wilson, Peeler, Lander, Richter and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 59, SO AS TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE CHILDREN WITH DISABILITIES AND TO REQUIRE THE JOINT COMMITTEE ON FORMULA FUNDING FOR EDUCATION TO MAKE RECOMMENDATIONS REGARDING THE DETERMINATION OF ANNUAL ALLOCATIONS AND WEIGHTINGS FOR CERTAIN ADDITIONAL WEIGHTINGS; TO ADD SECTION 59-33-110 SO AS TO PROVIDE FOR A MEDIATION PROCESS; TO AMEND SECTION 59-63-20, RELATING TO PUPILS AND AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO PROVIDE THAT THREE-YEAR-OLD, FOUR-YEAR-OLD, AND FIVE-YEAR-OLD CHILDREN WITH DISABILITIES ARE ELIGIBLE TO PARTICIPATE IN ANY PRESCHOOL PROGRAM RATHER THAN JUST IN EARLY INTERVENTION PROGRAMS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Education Committee proposed the following amendment (EDU461.01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/ SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-36-10. As used in this chapter:
(1) `Preschool disabilities program' means the special education and related services provided in accordance with Public Law 94-142, as amended;
(2) `Preschool children with disabilities' means children ages three, four, and five whose developmental progress is delayed to the extent that a program of special education is required to ensure their adequate preparation for school-age experiences. This includes four-year-old vision and hearing-impaired children and five-year-old children with disabilities previously included under Section 59-21-510. Eligibility must be noncategorical and must provide for children who are experiencing developmental delays in one or more of the following areas: cognitive ability, social ability, emotional ability, perceptual ability, visual ability, hearing ability, motor ability, speech-language ability, and other health impairments.
(3) `State advisory council' means the State Advisory Council on the Education of Children with Disabilities established in compliance with Public Law 94-142, as amended. The advisory council must be expanded to include permanent representation by state agencies listed in Section 59-36-20 that provide services for preschool children with disabilities, ages birth through five, and the Chairperson of the Interagency Coordinating Council (ICC) for P.L. 99-457. Additionally, a subcommittee of the advisory council must be established to address educational programs and services for preschool children with disabilities. The chairperson of the ICC and the advisory council, or their designee; state agencies designated from those listed in Section 59-36-20; at least two parents; one representative from daycare programs; one representative from Head Start; and two local education agency representatives form the committee, all of whom, with the exception of the Chair of the ICC, shall be selected by a majority vote of the advisory council. A staff member from the Department of Education will be assigned to provide assistance to the council and the subcommittee as needed.
Section 59-36-20. The State Board of Education and the State Department of Education are responsible for establishing a comprehensive system of special education and related services and for ensuring that the requirements of the Federal Individuals with Disabilities Education Act are carried out. Other state agencies which provide services for children with disabilities are directed to cooperate in the establishment and support of the system. Agencies with responsibilities under this chapter include: the Department of Mental Retardation, the School for the Deaf and the Blind, the Commission for the Blind, the Department of Health and Environmental Control, the Department of Mental Health, the State Department of Social Services, Continuum of Care, and the State Department of Education.
All public education programs for children with disabilities within the State, including all programs administered by any other state or local agency, are under the general supervision of the persons responsible for education programs for children with disabilities in the State Department of Education and must meet the standards of the State Board of Education. No provision of this section or of this chapter may be construed to limit the responsibilities of agencies other than the Department of Education from providing or paying for some or all of the cost of services to be provided the state's children with disabilities and the level of service must, at a minimum, be similar to that provided individuals with similar needs. If agencies are unable to agree on responsibilities for a particular child, the issue must be decided by the Children's Case Resolution System, Section 20-7-5210, et seq.
Section 59-36-30. The state advisory council shall advise the Department of Education and the State Board of Education in developing a comprehensive service system for special education and related services to preschool children with disabilities. The assistance includes, but is not limited to:
(1) a comprehensive method of identifying children with disabilities;
(2) a public awareness program focusing on identification of preschool children with disabilities;
(3) a coordinated system of personnel development for those who serve preschool children with disabilities;
(4) formal interagency agreements which:
(a) define the financial responsibility of each agency for providing special education and related services;
(b) establish procedures for the transition of children served under Title 44, Chapter 7; and
(c) contain procedures for resolving disputes.
Section 59-36-40. The State Board of Education, with input from the state advisory council, shall establish policies, standards, and procedures necessary to ensure that a free and appropriate education is available in the least restrictive environment and that a smooth transition from early intervention programs or initial entry into preschool programs occurs for children with disabilities. The Department of Education shall employ at least a full-time consultant in preschool education for children with disabilities. The board shall establish evaluation and placement procedures for students with disabilities who participate in the programs established under this chapter and shall determine certification requirements for teachers and appropriate credentials for all other personnel delivering education or related services in these programs.
Section 59-36-50. The board of trustees of each school district shall provide education programming for all preschool children with disabilities residing in the district. Working with other agencies, the districts may enter into agreements with other districts or agencies, public or private, which maintain approved special education programs or who operate noneducational programs in which special education programming or related services might be provided by the district. In order to facilitate the implementation of this responsibility, each district shall arrange transportation for all children enrolled in preschool programs for children with disabilities who require transportation.
Beginning on their third birthday, preschool children with disabilities meeting the placement criteria developed by the State Department of Education must have available a special education program, including related services if needed. Local education agencies must evaluate a child in accordance with criteria established by the Department of Education and develop an individualized education program within timelines that allow placement to occur on the third birthday. Evaluations conducted by other professionals or agencies within the last six months may be accepted and used in developing the initial individualized education program so as to ensure a timely initiation of that program and to avoid overtesting of the child. When children turn three between the ending date of one school year and the beginning date of the subsequent school year, an evaluation must be conducted and an individualized education program must be developed within timelines that allow for placement to occur on the beginning date of the subsequent school year. However, if the individualized education plan team determines that there is a need for summer services, these services may be provided before the beginning of the school year. School districts must adhere to the policies and procedures established by the State Department of Education to ensure a smooth transition from the early intervention services provided to infants and toddlers under Section 44-7-2510, et seq. (BabyNet) to the district preschool program.
Early intervention service coordinators, parents of children with disabilities who are ready to enter preschool programming, or representatives of agencies or other entities providing services to a child with disabilities must notify a school district at least fourteen calendar days before a transition meeting. At least ninety days before the date on which a child becomes eligible for the preschool program, school district personnel must participate in a transition meeting requested by early intervention case managers, or representatives of agencies or other entities providing services to the child.
Section 59-36-60. No provision of this chapter may be construed to limit the responsibility of state agencies currently providing services to preschool children with disabilities or their families. Funds provided under this statute shall not be used to supplant services previously provided by other state or federal agencies.
Section 59-36-70. (A) With the assistance of staff provided by the Department of Education, the state advisory council shall submit annually by February first of each year a report to the Interagency Coordinating Council on P.L. 99-457, the Joint Legislative Committee on Children, the Senate Education Committee, and the House Education and Public Works Committee, summarizing services provided for preschool children with disabilities and their families. The report must include but is not limited to:
(1) State Department of Education initiatives relative to preschool programs for children with disabilities;
(2) data and program information collected from the local education agencies relative to the provision of special education and related services and on its child find activities;
(3) financial information pertaining to the implementation of the program; and
(4) update on the policies and procedures governing the implementation of preschool programs for children with disabilities, including recommendations for improvement of the preschool program, if needed.
(5) information provided by the state agencies designated in Section 59-36-20 to the advisory council by December first of each year in a report which will include each agency's initiatives, data, financial information, and pertinent policies and procedures relative to programs for preschool children with disabilities, as well as recommendations for improving services for these children.
(B) State agencies designated in Section 59-36-20 shall submit annually by December first of each year a report to the advisory council on a form provided by the council.
Section 59-36-80. The Committee to Study Formula Funding for Educational Programs shall conduct a study of the costs of the program for preschool children with disabilities and, if appropriate, recommend weights to be included in the Education Finance Act, Section 59-20-40 and report to the General Assembly no later than November 1, 1993.
Until the weightings for preschool children with disabilities are developed and funded, four-year-old children with hearing or visual disabilities and all five-year-old children with disabilities will continue to be counted for funding purposes under the Education Finance Act. Funding for all other preschool students with disabilities will be provided for in the General Appropriations Act."
SECTION 2. The 1976 Code is amended by adding:
"Section 59-33-110. The State Board of Education shall establish a mediation process as a part of the `due process' provision required in accordance with Public Law 94-142. If all parties agree, mediation will be used before any due process hearings required by Public Law 94-142 or at any time during the due process procedures. During discussions of the mediation process with parents, it must be clearly stated that the right of the parents or the school district to due process is in no way compromised by agreeing to mediation and that neither parents nor the school district are bound by the outcomes of mediation. The mediation process must be developed by July 1, 1994, and implemented during the 1994-95 school year."
SECTION 3. Section 59-63-20(6) of the 1976 Code is amended to read:
"(6) Four-year-olds may attend optional child development programs and all three-year-old, four-year-old, and five-year-old handicapped children with disabilities in accordance with their individual education program, may participate in any public education preschool program, including optional child development programs. Children with disabilities served in four-year-old optional child development programs may be counted for funding under both funding sources may participate in early intervention programs."
SECTION 4. The provisions of Chapter 36 of Title 59 as added by this act must be implemented beginning with the 1993-94 school year. The remaining provisions of this act take effect upon approval by the Governor. /
Amend title to conform.
Senator GIESE explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 540 -- Senators Saleeby, Land, McConnell, Courtney and Rankin: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE THAT AVERAGE WEEKLY WAGE IS CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-1-160, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY" FOR PURPOSES OF THE WORKERS' COMPENSATION LAW, SO AS TO ADD PROVISIONS RELATING TO WORK-RELATED STRESS; TO AMEND SECTION 42-1-310, RELATING TO THE PRESUMPTION OF ACCEPTANCE OF THE PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE CERTAIN LANGUAGE AND TO DEFINE "EMPLOYMENT" AND "IMPROVEMENT OR MODIFICATION OF REAL PROPERTY"; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT OFFICERS OF A CORPORATION ARE EMPLOYEES UNDER TITLE 42 AND MAY REJECT COVERAGE BY GIVING CERTAIN NOTICE; TO AMEND SECTION 42-1-320, RELATING TO THE PROVISION THAT PUBLIC ENTITIES AND THEIR EMPLOYEES CANNOT EXEMPT THEMSELVES FROM TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE PROVISIONS AND PROVIDE THAT THE STATE, ITS MUNICIPAL CORPORATIONS AND POLITICAL SUBDIVISIONS THEREOF, AND SUCH EMPLOYEES, ARE SUBJECT TO TITLE 42; TO AMEND SECTION 42-1-330, RELATING TO WAIVER OF EXEMPTION UNDER THE WORKERS' COMPENSATION LAW, SO AS TO, AMONG OTHER THINGS, INCLUDE OFFICER OF A CORPORATION UNDER THE PROVISIONS OF THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-335 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT AN EMPLOYER WHO IS EXEMPT FROM TITLE 42 ELECTS TO ADOPT THE TITLE BY OBTAINING WORKERS' COMPENSATION INSURANCE OR BY OPERATING UNDER AN APPROVED SELF-INSURANCE PROGRAM; TO AMEND SECTION 42-1-340, RELATING TO THE EFFECTIVE DATE OF AND THE MANNER OF GIVING NOTICE OF NONACCEPTANCE OR WAIVER WITH RESPECT TO TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE CERTAIN LANGUAGE AND TO REFERENCE SECTION 42-1-315; TO AMEND SECTION 42-1-510, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHO IS NOT UNDER TITLE 42 (WORKERS' COMPENSATION), SO AS TO PROVIDE THAT COMPARATIVE NEGLIGENCE DOES NOT APPLY, AND FURTHER DEFINE "EMPLOYER" FOR PURPOSES OF DEFENDING AN ACTION AT LAW; TO AMEND SECTION 42-1-520, RELATING TO DEFENSES WHICH ARE AVAILABLE TO AN EMPLOYER OPERATING UNDER TITLE 42 (WORKERS' COMPENSATION) WHEN THE EMPLOYEE IS NOT SO OPERATING, SO AS TO DELETE REFERENCES TO "EMPLOYEE" AND SUBSTITUTE THEREFOR "OFFICER OF A CORPORATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 42-3-195 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE WORKERS' COMPENSATION COMMISSION SHALL COOPERATE WITH AND PROVIDE INFORMATION AND STATISTICS TO ANY AGENCY OF THE STATE OR OF THE UNITED STATES CHARGED WITH THE DUTY OF ENFORCING ANY LAW SECURING SAFETY AGAINST INJURY IN ANY EMPLOYMENT COVERED BY TITLE 42 OR WITH ANY STATE OR FEDERAL AGENCY ENGAGED IN ENFORCING ANY LAWS TO ASSURE SAFETY FOR EMPLOYEES; TO AMEND SECTION 42-5-40, RELATING TO THE PENALTY FOR FAILURE TO SECURE PAYMENT OF WORKERS' COMPENSATION, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE A SEPARATE PENALTY FOR WILFUL OR REPEATED VIOLATIONS; TO AMEND SECTION 42-7-200, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE THAT THE REMEDY PROVIDED IN THIS SECTION SHALL NOT APPLY UNTIL ALL AVAILABLE ADMINISTRATIVE REMEDIES UNDER TITLE 42 AGAINST ANY INSURED STATUTORY EMPLOYER HAVE BEEN EXHAUSTED; TO AMEND SECTION 42-9-220, RELATING TO THE MANNER IN WHICH WORKERS' COMPENSATION SHALL BE PAID, SO AS TO PROVIDE THAT COMPENSATION MUST BE PAID BY A CHECK AND NOT A DRAFT; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD CERTAIN PROVISIONS, INCLUDING A PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO DEMAND OF OR CAUSE A DEMAND TO BE MADE ON A WORKERS' COMPENSATION CLAIMANT PRIOR TO THE FINAL ADJUDICATION OF HIS CLAIM, AND PROVIDE FOR CERTAIN MONETARY PENALTIES TO BE PAID TO THE WORKERS' COMPENSATION CLAIMANT; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-395 SO AS TO ADD PROVISIONS RELATING TO SETTLEMENT AGREEMENTS PROVIDING FOR STRUCTURED SETTLEMENTS IN WORKERS' COMPENSATION CASES; TO AMEND SECTION 42-17-90, RELATING TO REVIEW OF A WORKERS' COMPENSATION AWARD ON A CHANGE OF CONDITION, SO AS TO PROVIDE FOR THE ENTERING OF AN ORDER RATHER THAN THE MAKING OF AN AWARD, AND ADD CERTAIN PROVISIONS, INCLUDING A PROVISION THAT THE WORKERS' COMPENSATION COMMISSION SHALL PROVIDE BY REGULATION THE METHOD AND PROCEDURE BY WHICH AN AWARD OR ORDER COMMENCING TEMPORARY COMPENSATION AND ENTERED WITHOUT AN EVIDENTIARY HEARING MAY BE SET ASIDE FOR FRAUD; TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO EMPLOYERS' RECORDS AND REPORTS OF INJURIES UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE THE PROVISIONS OF THE SECTION AND ADD PROVISIONS, INCLUDING A PROVISION DETAILING THE CIRCUMSTANCES UNDER WHICH AN EMPLOYER IS NOT REQUIRED TO MAKE A WRITTEN REPORT; TO AMEND CHAPTER 55 OF TITLE 38, RELATING TO CONDUCT OF INSURANCE BUSINESS, BY ADDING ARTICLE 5 SO AS TO ENACT THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ESTABLISHMENT IN THE OFFICE OF THE ATTORNEY GENERAL OF AN INSURANCE FRAUD DIVISION AND THE CREATION OF A FELONY OFFENSE AND THE PROVISION OF PENALTIES THEREFOR; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-440 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION COMMISSION MAY REFER ALL CASES OF SUSPECTED FRAUD TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL FOR INVESTIGATION AND PROSECUTION, IF WARRANTED, PURSUANT TO THE OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE IN SECTION 38-55-540; AND TO REPEAL SECTION 42-1-380, RELATING TO THE WAIVER OF EXEMPTION BY EMPLOYER WITH RESPECT TO THE MANDATORY PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION) AND SECTION 42-1-530, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHEN NEITHER HE NOR THE EMPLOYEE IS UNDER TITLE 42.
Senator WILLIAMS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator WILLIAMS made the motion to recommit S. 540 to the Committee on Judiciary, retaining its place on the Calendar.
There was no objection.
H. 3174 -- Rep. Felder: A BILL TO AMEND SECTION 61-9-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BEER MANUFACTURERS, BREWERS, IMPORTERS, WHOLESALERS, AND RETAILERS, SO AS TO DEFINE OWNERSHIP AND FINANCIAL INTEREST IN BEER OPERATIONS AS REGARDS TIERS IN THE INDUSTRY.
Senator COURTNEY asked unanimous consent to make a motion to proceed to a consideration of the Bill.
Senator COURTNEY explained the Bill.
Senator THOMAS objected to further consideration of the Bill.
S. 597 -- Senator Saleeby: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA CHIEF INSURANCE COMMISSIONER TO SOLICIT AN INVITATION FOR BIDS FOR ANY AND ALL SERVICES USED OR PAID FOR BY THE SOUTH CAROLINA REINSURANCE FACILITY AND TO CONDUCT CERTAIN AUDITS AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.
On motion of Senator LEATHERMAN, with unanimous consent, the Resolution was carried over.
MOTION ADOPTED
On motion of Senator ELLIOTT, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Anne Cain Scott of Dillon, South Carolina.
At 1:35 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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