Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of St. James (2:18):
"But someone will say, `You have faith; I
have works (deeds).'
Show me your faith without deeds, and I
will show you may faith by what I do."
Let us pray.
Our Father, we thank You for the faith in which we were nurtured... and which we have brought to this place of public service.
You know the condition of our hearts. May we hear anew the words: "Out of the heart are the issues of life."
May we labor today, letting our faith be visible by our works. May we serve not so much for the high appraisals of our fellow men and women... nor for the honor and recognition of a critical public, but because we are consumed by the demands of conscience, and are bond-servants to the calls of every worthy cause that contributes to our common good... giving all praise to Thee, O Lord.
Amen.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator GIESE introduced Dr. C. Tucker Weston of Columbia, S.C., Doctor of the Day.
Columbia, S.C., March 31, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3705 -- Rep. Stoddard: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 7, 1993, AS THE TIME FOR ELECTING MEMBERS TO THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, AND WINTHROP UNIVERSITY TO FILL UNEXPIRED TERMS ON THOSE BOARDS BECAUSE OF VACANCIES WHICH EXIST.
Very respectfully,
Speaker of the House
Received as information.
The following were introduced:
S. 617 -- Senators Courson, Lander, Russell and Wilson: A JOINT RESOLUTION TO CREATE A JOINT PROPERTY TAX STUDY TASK FORCE TO STUDY ALL PHASES OF THE PROPERTY TAX SYSTEM IN ORDER TO DETERMINE THE EFFECTIVENESS AND FAIRNESS OF PROPERTY TAX ASSESSMENT AND COLLECTION IN THIS STATE.
Senator COURSON spoke on the Joint Resolution.
Read the first time and referred to the Committee on Finance.
S. 618 -- Senator Land: A BILL TO PROVIDE A PROCEDURE WHEREBY ANY MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE ENTITY MAY PROVIDE MUTUAL AID ASSISTANCE, UPON REQUEST, FROM ANY OTHER MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE DELIVERY SYSTEM IN SOUTH CAROLINA AT THE TIME OF A SIGNIFICANT INCIDENT SUCH AS FIRE, EARTHQUAKE, OR HURRICANE.
Read the first time and referred to the Committee on Judiciary.
S. 619 -- Senators Matthews, Patterson, Washington, Glover, Mitchell, Ford, Jackson and Mescher: A BILL TO AMEND SECTIONS 40-22-190 AND 40-22-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE THAT GRADUATION FROM A FOUR-YEAR ENGINEERING TECHNOLOGY PROGRAM MAY BE QUALIFICATION FOR REGISTRATION AS A PROFESSIONAL ENGINEER AND FOR CERTIFICATION AS AN ENGINEER-IN-TRAINING.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 620 -- Senator Mitchell: A BILL TO AMEND SECTION 12-27-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACT OBJECTIVES FOR BUSINESSES OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS AND FEMALES, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY NOT INCLUDE MATERIALS AND SUPPLIES UNDER CONTRACTS IN DETERMINING THE SET-ASIDE EXPENDITURES.
Read the first time and referred to the Committee on Transportation.
S. 621 -- Senators Lander and Giese: 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 LIMIT THE EXEMPTION ALLOWED FOR PERSONAL MOTOR VEHICLES OF PERSONS REQUIRED TO USE WHEELCHAIRS TO ONE MOTOR VEHICLE AND TO DELETE SURPLUS LANGUAGE.
Read the first time and referred to the Committee on Finance.
S. 622 -- Senator Bryan: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN DRUGS THAT ONLY MAY BE SOLD ON PRESCRIPTION, SO AS TO INCLUDE PHYSICIANS' ASSISTANTS AMONG THOSE PROFESSIONALS WHO MAY PRESCRIBE MEDICATIONS; TO AMEND SECTION 40-47-25, AS AMENDED, RELATING TO PHYSICIANS' ASSISTANTS, SO AS TO DELETE PROVISIONS RELATING TO THE NUMBER OF ASSISTANTS A PHYSICIAN MAY SUPERVISE; AND TO AMEND SECTION 44-53-290, RELATING TO REGISTRATION FOR MANUFACTURING, DISTRIBUTING, OR DISPENSING CONTROLLED SUBSTANCES, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE REGISTRATIONS TO NURSE PRACTITIONERS AND PHYSICIANS' ASSISTANTS FOR PRESCRIBING SCHEDULE V CONTROLLED SUBSTANCES.
Read the first time and referred to the Committee on Medical Affairs.
S. 623 -- Senators Macaulay, Mitchell and Glover: A CONCURRENT RESOLUTION RECOGNIZING KYLE HANKS, SUMMER HUGHES, QIANA MARTIN, EUGENIA WEBB, AND NICHOLAS WHITNER AND THEIR ADVISOR, ANGELA BLACKSTON HAMILTON OF OCONEE COUNTY FOR THEIR SUPERB REPRESENTATION OF THE STATE OF SOUTH CAROLINA IN NATIONAL HISTORY DAY LAST YEAR AT THE UNIVERSITY OF MARYLAND.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 3626 -- Reps. Cromer, McAbee and J. Brown: A CONCURRENT RESOLUTION DIRECTING THE STATE HOUSE TOUR SERVICE TO ALLOW STATE HOUSE TOURS DURING THE LEGISLATIVE SESSION FOR ALL GROUPS WITHOUT RESPECT TO AGE.
Whereas, the members of the General Assembly note that the State House Tour Service is enforcing a new policy that prohibits tours during the legislative session by groups below the age of first graders; and
Whereas, the members of the General Assembly are aware of the need to comply with the appropriate safety codes applicable to the State House but nevertheless believe that suitable arrangements can be made that do not require prohibition of tour groups below a certain age during the legislative session. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, direct the State House Tour Service to allow State House tours during the legislative session to all groups without respect to age on days when tours are offered.
Be it further resolved that a copy of this resolution be forwarded to the Director of the Department of Parks, Recreation and Tourism.
Referred to the Committee on Invitations.
H. 3798 -- Rep. Spearman: A CONCURRENT RESOLUTION RECOGNIZING THE VALUE AND SIGNIFICANCE OF EXCELLENCE IN CRAFTSMANSHIP AND CALLING UPON THE PEOPLE OF SOUTH CAROLINA TO OBSERVE THE "YEAR OF AMERICAN CRAFT: A CELEBRATION OF THE CREATIVE WORK OF THE HAND" WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
Whereas, 1993 has been designated as the "Year of American Craft: A Celebration of the Creative Work of the Hand"; and
Whereas, the twentieth century has witnessed an outpouring of creative craftsmanship, and it is appropriate that we now pay tribute to excellence in craftsmanship; and
Whereas, the value of creative work of the hand through craft remains clear even as the most industrialized century of our history draws to a close; and
Whereas, peerless craftsmanship, once commonly associated with American industry, is now a theme of renewed importance and interest; and
Whereas, craft, inspired by tradition, may be lost unless it is nurtured and unless the economic and social well-being of its practitioners is advanced; and
Whereas, the General Assembly of South Carolina recognizes the artistry of South Carolina's craftspeople and their contribution to the multicultural heritage of our State and Nation. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, recognizes the value and significance of excellence in craftsmanship and calls upon the people of South Carolina to observe the "Year of American Craft: A Celebration of the Creative Work of the Hand" with appropriate ceremonies and activities.
Referred to the Committee on Invitations.
H. 3799 -- Reps. A. Young, Hutson, G. Bailey, Harrell and Cobb-Hunter: A CONCURRENT RESOLUTION CONGRATULATING SUMMERVILLE HIGH SCHOOL ON WINNING THE 1993 CLASS AAAA LOWER STATE CHAMPIONSHIP IN GIRLS' BASKETBALL.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3813 -- Reps. Rudnick, Clyborne, R. Smith, Hutson, Robinson, Jaskwhich, Stuart, Allison, Wells, Huff, Sharpe, McAbee, Carnell, Lanford and D. Wilder: A CONCURRENT RESOLUTION RECOGNIZING THE GENEROSITY OF THE LATE JAMES L. MASON OF AUGUSTA, GEORGIA, WHO DEVISED AN ALMOST TWO THOUSAND-ACRE TRACT OF LAND IN MCCORMICK COUNTY TO THE STATE WILDLIFE AND MARINE RESOURCES DEPARTMENT FOR PUBLIC HUNTING AND OTHER TYPES OF OUTDOOR RECREATION.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3815 -- Reps. Rogers, Waites, Scott, Quinn, Harrison and Corning: A CONCURRENT RESOLUTION RECOGNIZING TRUSTUS THEATRE OF COLUMBIA ON BECOMING THE ONLY THEATRE IN THE STATE TO BE ACCEPTED INTO THE PRESTIGIOUS NATIONAL ENDOWMENT FOR THE ARTS ADVANCEMENT PROGRAM, AND CONGRATULATING TRUSTUS FOR THIS EXTRAORDINARY ACCOMPLISHMENT AND FOR ITS TRADITION OF EXCELLENCE IN THE ARTS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 177 -- Senators Land and Leventis: A BILL TO AMEND SECTION 9-1-1850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EARLY RETIREMENT, SO AS TO DELETE THE REQUIREMENT THAT THE EMPLOYEE PAY BOTH THE EMPLOYEE AND EMPLOYER COST OF HEALTH AND DENTAL INSURANCE.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 496 -- Senators Rankin, J. Verne Smith, Williams, Drummond, Lander, Short and Passailaigue: A BILL TO AMEND SECTION 12-43-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX APPEALS, SO AS TO PROVIDE THAT THE INTEREST CHARGED A TAXPAYER DURING THE PENDENCY OF AN APPEAL SHALL BE LIMITED TO FIFTEEN PERCENT WHEN THE APPEAL IS NOT RESOLVED WITHIN FIFTEEN MONTHS FROM THE DATE OF FILING, PROVIDED THAT DELAY BEYOND THE FIFTEEN MONTH LIMITATION IS NOT ATTRIBUTABLE TO THE PROPERTY OWNER.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 3579 -- Reps. Cooper, Davenport, Townsend, Cato, Robinson, Allison, Wells, Walker, Littlejohn, D. Smith, Wilkins, Marchbanks, P. Harris and Vaughn: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO SEEK AVAILABLE FEDERAL FUNDING IN SUPPORT OF INFRASTRUCTURE GROWTH IN THE COMMUNITIES OF GREENVILLE, ANDERSON, PICKENS, SPARTANBURG, AND LAURENS COUNTIES.
Ordered for consideration tomorrow.
S. 535 -- Senators Elliott, Rankin and Greg Smith: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE ADDITIONAL TRAFFIC CONTROL SUPPORT TO THE GRAND STRAND AREA UNTIL BETTER ACCESS IS PROVIDED THROUGH THE CONSTRUCTION AND IMPROVEMENT OF THE HIGHWAY SYSTEM SERVING THE GRAND STRAND AREA.
Returned with concurrence.
Received as information.
S. 565 -- Senators Moore, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING OCTOBER 17, 1993, AS "SOUTH CAROLINA CHILDREN'S WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
Returned with concurrence.
Received as information.
At 11:40 A.M., Senator MITCHELL assumed the Chair.
Senator PATTERSON rose to a Point of Personal Privilege.
At 11:56 A.M., the PRESIDENT assumed the Chair.
Senator CORK rose to a Point of Personal Interest.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3115 -- Reps. T.C. Alexander, Snow, Riser and Witherspoon: A BILL TO AMEND SECTION 47-13-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF TESTS FOR EQUINE INFECTIOUS ANEMIA REQUIRED FOR THE PUBLIC ASSEMBLY OF HORSES, SO AS TO REVISE THE TIME PERIOD DURING WHICH CERTAIN TESTS MUST BE CONDUCTED, AND TO PROVIDE THAT THE COGGINS TEST FOR EQUINE INFECTIOUS ANEMIA, WHETHER ADMINISTERED WITHIN OR WITHOUT THIS STATE, IS REQUIRED TO BE ADMINISTERED ONLY ONCE A YEAR TO ANY HORSE OR ANIMAL REGARDLESS OF THE NUMBER OF TIMES THE ANIMAL IS SHOWN, SOLD, EXHIBITED, OR HOUSED IN A PUBLIC STABLE OR PLACE IN THIS STATE DURING THAT YEAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
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. 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.
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.
Senator SETZLER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Bill was read the third time and ordered sent to the House of Representatives.
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 third reading of the Bill.
Senator ROSE proposed the following amendment (EDU127.003), which was adopted:
Amend the bill, as and if amended, by striking on page 3, lines 8 through 11 and inserting the following:
/ and problem solving. Each evaluation and rating committee must have at least one layperson and the board is encouraged to have as many laypeople on the committee as is appropriate. A majority of the membership of the committee must have expertise in the areas /.
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 170 -- Senators Giese and Rose: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO ALSO REQUIRE A PRESCRIPTION FOR THE SALE OF CERTAIN DEVICES USED IN DIAGNOSIS AND TREATMENT AND TO PROVIDE REQUIREMENTS FOR AN EMERGENCY REFILL OF A PRESCRIPTION DRUG.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Medical Affairs Committee proposed the following amendment (436\11114AC.93), which was tabled:
Amend the bill, as and if amended, Section 40-43-150, as contained in SECTION 1, page 2, line 27, by striking /two years/ and inserting /one year/.
Amend title to conform.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
H. 3748 -- Reps. Wilkins and Cato: 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.
S. 443 -- Senators Richter, Rose, Giese and Reese: A BILL TO AMEND SECTION 30-4-40(a)(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS DECLARED EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN PUBLIC DOCUMENTS OR RECORDS OF A PERSONAL NATURE MAY NOT BE DISCLOSED FOR COMMERCIAL SOLICITATION.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator CORK proposed the following amendment (JUD443.001), which was adopted:
Amend the bill, as and if amended, page 1, line 39, by striking SECTION 2 in its entirety and inserting therein the following:
/ SECTION 2. Section 30-4-40(a) of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) the name, address, and telephone number of a person in whose name a motor vehicle license plate is registered; provided, however, this exemption from disclosure shall not apply to a law enforcement officer or agency that is authorized by law to have access to this information." /
Amend the bill further, as and if amended, page 1, by adding an appropriately numbered SECTION to the bill to read:
/ SECTION 3. This act takes effect upon approval by the Governor./
Renumber items to conform.
Amend title to conform.
Senator RICHTER proposed the following amendment (443R001.LER), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting in lieu thereof the following:
/ SECTION 1. Section 30-4-40(a)(2) of the 1976 Code is amended to read:
"(2) Information of a personal nature where the public disclosure thereof would constitute unreasonable invasion of personal privacy. , including, but not limited to, Information of a personal nature shall include, but not be limited to, information as to gross receipts contained in applications for business licenses. and information relating to public records which include the name, address, and telephone number or other such information of an individual or individuals who are handicapped or disabled when the information is requested for commercial solicitation. This provision must not be interpreted to restrict access by the public and press to information contained in public records." /
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:
H. 3527 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXPERIMENTAL PROGRAMS, THE DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1486, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3529 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BUILDINGS AND GROUNDS, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1578, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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.
On motion of Senator DRUMMOND, S. 609 was ordered to receive a third reading on Thursday, April 1, 1993.
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.
On motion of Senator DRUMMOND, S. 610 was ordered to receive a third reading on Thursday, April 1, 1993.
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.
On motion of Senator DRUMMOND, S. 611 was ordered to receive a third reading on Thursday, April 1, 1993.
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.
On motion of Senator DRUMMOND, S. 612 was ordered to receive a third reading on Thursday, April 1, 1993.
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.
On motion of Senator DRUMMOND, S. 613 was ordered to receive a third reading on Thursday, April 1, 1993.
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.
On motion of Senator DRUMMOND, S. 614 was ordered to receive a third reading on Thursday, April 1, 1993.
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.
On motion of Senator DRUMMOND, S. 615 was ordered to receive a third reading on Thursday, April 1, 1993.
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.
On motion of Senator DRUMMOND, S. 616 was ordered to receive a third reading on Thursday, April 1, 1993.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Labor, Commerce and Industry Committee proposed the following amendment (355R001.LCI), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 16 through 23, inserting in lieu thereof the following:
/ (B) When an industrial accident or catastrophic release occurs which must be reported to the Commissioner of Labor, the employer shall make every reasonable effort to 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. However, a public utility regulated by the Public Service Commission or an electric cooperative organized pursuant to Section 33-49-10 et seq. or any other public or private entity providing similar services is not required to interrupt or restrict its normal or emergency operations. /
Amend the bill further, page 4, by striking SECTION 3 and inserting in lieu thereof the following:
/ SECTION 3. Chapter 3 of Title 42 of the 1976 Code is amended by adding:
"Section 42-3-195. (A) The commission shall cooperate with and provide information and statistics to any agency of this State or the United States charged with the duty of enforcing any law securing safety against injury in any employment covered by this title or with any state or federal agency engaged in enforcing any laws to assure safety for employees.
(B) Upon trial of any action other than a worker's compensation claim, such information shall not be placed in evidence or be permitted to be argued to the court or the jury. /
Amend title to conform.
Senator MARTIN explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator GIESE, S. 355 was ordered to receive a third reading on Thursday, April 1, 1993.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
The Transportation Committee proposed the following amendment (419R002.JCL), which was adopted:
Amend the bill, as and if amended by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 23 of Title 57 of the 1976 Code is amended by adding:
Section 57-23-50. There is created a Scenic Highways Committee to be composed of eleven members. The Governor shall appoint the following members:
(1) two representatives of the outdoor advertising industry who are active members of a group such as the Outdoor Advertising Association of South Carolina;
(2) a representative of the South Carolina hotel and motel industry;
(3) a representative of the agricultural industry who is an active member of an organization such as the South Carolina Farm Bureau;
(4) a representative of the petroleum marketing industry;
(5) a representative of the tourism industry in South Carolina;
(6) a representative of highway beautification efforts, such as South Carolina Clean and Beautiful;
(7) a representative involved with parks and recreation, such as the South Carolina Recreation and Park Association; and
(8) a member of the general public.
In addition to the members appointed by the Governor, the Executive Director of the South Carolina Department of Highways and Public Transportation or his designee and the Chairman of the South Carolina Department of Parks, Recreation and Tourism Commission or his designee shall also serve on the committee.
Section 57-23-60. The committee shall select a chairman at its first meeting and must meet at least twice annually. A majority of the members present constitute a quorum for purposes of conducting business. The committee must recommend criteria for a scenic highway, which must be forwarded to the General Assembly for approval. In developing the criteria, the committee must consider the scenic, cultural, historic, commercial, and economic significance of the road and area. The committee shall coordinate development of these criteria in conjunction with the criteria for scenic highways being developed by the Federal Highway Administration.
Section 57-23-70. A written request for designating a highway as scenic must be sent to the executive director of the South Carolina Department of Highways and Public Transportation, who shall forward the request to other members of the committee. The committee must review the request and make a recommendation based on the criteria established by it to the legislature regarding the request. A majority of the committee members may call for a public hearing to be held at the location where the scenic highway is proposed.
Section 57-23-80. After the committee recommends designating a highway as a scenic highway, the recommendation must be transmitted to the General Assembly."
SECTION 2. Chapter 25 of Title 57 of the 1976 Code is amended by adding:
"Section 57-25-30. No governing body of any municipality, county, or other political subdivision of the State shall alter, remove, or cause to be altered or removed any lawfully established outdoor advertising sign which has not been removed on the effective date of this act, without the payment of just compensation. Just compensation is defined as fair market value, and shall not include allowing the continuation of a use or structure over a specified period of time."
SECTION 3. Section 57-25-140(A) of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) Upon application and payment of a permit application fee not to exceed one hundred dollars, the department may install Tourist Oriented Directional Signs (TODS). These TODS shall provide basic directional information to the traveling public about the location of businesses where goods and services are offered for sale to the public. The department shall promulgate regulations regarding the implementation of the TODS program to establish standards to be met by any applicant seeking to obtain such a directional sign. Any merchant or business owner who is denied a permit for such a directional sign has the right to appeal that decision under the provisions of the Administrative Procedures Act, (Section 1-23-10, et seq. of the Code of Laws of South Carolina, 1976, annotated)."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Senators LAND and MARTIN spoke on the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator DRUMMOND, S. 419 was ordered to receive a third reading on Thursday, April 1, 1993.
S. 508 -- Senators Hayes and Short: A BILL TO PROVIDE FOR SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THE MEMBERS OF THE BOARDS OF TRUSTEES OF YORK SCHOOL DISTRICT NO. 1, CLOVER DISTRICT NO. 2, ROCK HILL DISTRICT NO. 3, AND FORT MILL DISTRICT NO. 4 MUST BE ELECTED, TO PROVIDE FOR STAGGERING OF THE TERMS OF ALL TRUSTEES AND PROVIDE THAT THE ELECTION OF THESE TRUSTEES FROM THESE DISTRICTS BEGINS AT THE TIME OF THE GENERAL ELECTION OF 1994.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator GREGORY proposed the following amendment (508R001.CKG), which was adopted:
Amend the bill, as and if amended, beginning on page 17, line 28, by striking lines 28 through line 6 on page 19.
Amend further, page 19, by striking Section 5. and renumbering the remaining sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3436 -- Reps. Mattos, J. Bailey, Boan, Tucker, Harrell, Rogers, McElveen, Holt, Sheheen, H. Brown, Waites, G. Bailey, Cobb-Hunter, A. Young, Hines, R. Smith, McKay, Harwell, G. Brown, Quinn, Wilkins, White, P. Harris, Phillips, Neilson, M.O. Alexander, Littlejohn, Carnell, Cooper, Byrd, Anderson, Wright, Neal, Huff, McMahand, Wells, Wofford, Harrison, Walker, Rhoad, Riser, Kinon, Shissias, Stuart, Sturkie, Robinson, Delleney, Farr, Breeland, McLeod, T.C. Alexander, Worley, Cato, J. Wilder, Baxley, Trotter, Kelley, Davenport, Chamblee, Vaughn, Clyborne, Graham, Stille, Spearman, McCraw, Beatty, Hutson, Witherspoon, Baker, Gonzales, D. Smith, Williams, Fair, Inabinett, Gamble, Whipper, Stone, Hodges, Houck, Allison, Kirsh, Klauber, Moody-Lawrence, Marchbanks, D. Wilder, Law, McTeer, Haskins, Richardson, Corning and Barber: A BILL TO AMEND SECTION 44-29-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNIZATIONS REQUIRED OF SCHOOL PUPILS SO AS TO INCLUDE CHILDREN ATTENDING PUBLIC OR PRIVATE CHILD DAY CARE FACILITIES.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator THOMAS proposed the following amendment (436\11221AC.93), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 44-29-180 of the 1976 Code is amended to read:
"Section 44-29-180. (A) No superintendent of any an institution of learning, and no school board or principal of any a school, and no owner or operator of a public or private child day care facility as defined in Section 20-7-2700 in this State shall may admit as a pupil any or enroll or retain a child or person who cannot produce satisfactory evidence of having been vaccinated or immunized so often as directed by the Department of Health and Environmental Control. Records of vaccinations or immunizations must be maintained by the institution, school, or day care facility to which the child or person has been admitted.
(B) The Department of Health and Environmental Control shall monitor the immunization status of each child who is enrolled or retained in a licensed child day care facility or a registered church or religious child day care facility. The monitoring of day care facilities shall consist of a review of the immunization or vaccination records to insure that required immunizations are complete as recommended and routinely provided by the Department of Health and Environmental Control for all infants and children.
(C) South Carolina Department of Health and Environmental Control Regulation 61-8, as amended, `Vaccination, Screening and Immunization Regarding Contagious Diseases' and its exemptions apply to this section.
(D) A South Carolina Certificate of Special Exemption signed by the school principal, authorized representative, or day care director may be issued to transfer students while awaiting arrival of medical records from their former area of residence or to other students who have been unable to secure immunizations or documentation of immunizations already received. A South Carolina Certificate of Special Exemption may be issued only once and is valid for only thirty calendar days from date of enrollment. At the expiration of this special exemption, the student must present a valid South Carolina Certificate of Immunization, a valid South Carolina Certificate of Medical Exemption, or a valid South Carolina Certificate of Religious Exemption.
(E) Registered family day care homes are exempt from requirements of this section."
SECTION 2. This act takes effect one hundred eighty days after approval by the Governor./
Amend title to conform.
Senator THOMAS explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator J. VERNE SMITH, H. 3436 was ordered to receive a third reading on Thursday, April 1, 1993.
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.
The Senate proceeded to a consideration of the Resolution. The question being the third reading of the Resolution.
Senator SALEEBY proposed the following amendment (S0597.002), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 1, beginning on line 25, by striking lines 25 and 26, and inserting therein the following:
/ invitation for bids as designated agents, including any company, organization, business, enterprise, or other entity with which the designated carrier contracts or has a business relationship, for any and all services which are currently paid for by, or provided to, the South / .
Amend the bill further, as and if amended, SECTION 2, page 1, line 39, by striking line 39, and inserting therein the following:
/ SECTION 2. Any designated agent contract or designated agent management contract or agreement currently / .
Amend the bill further, as and if amended, SECTION 3, page 2, lines 6 through 22, by striking lines 6 through 22, and insert therein the following:
/ a comprehensive report. The report must be completed by June 1, 1993, and must include:
(1) An audited financial statement from each designated carrier and any company, organization, business, enterprise or other entity with which a designated carrier contracts or has a business relationship. This audit is to be prepared by an independent certified public accountant and is to include, as it relates to its operation as a designated carrier:
(a) the amount of profit or loss incurred by each of the designated carriers of the facility,
(b) the amount of reserves held by each carrier and the income from the investment of such reserves,
(c) a detailed listing by item and amount of all expenses which each designated carrier is reimbursed by the facility and
(d) a detailed listing of all expenses incurred by the facility. /
Amend title to conform.
Senator SALEEBY explained the amendment.
Senator PASSAILAIGUE made the motion that the Resolution be carried over, as amended.
There was no objection.
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.
The Senate Resolution was adopted.
H. 3278 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 206 OF 1989, RELATING TO APPROPRIATING MONIES FROM THE CAPITAL RESERVE FUND FOR 1988-89, SO AS TO CHANGE THE AUTHORIZATION FOR EDUCATIONAL TELEVISION.
On motion of Senator ELLIOTT, with unanimous consent, the Resolution was carried over.
On motion of Senator ELLIOTT, with unanimous consent, notice of general amendments was given on the Joint Resolution (H. 3278).
At 12:48 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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