Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 9:00 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, as both the House and the Senate give recognition today as "Legislative Family Day 1993" and "National Prayer Day," hear the words of St. Paul to the Ephesians (3:13ff) from "The Living Bible Paraphrased":

"So please don't lose heart at what they

are doing to me here... When I think of

the wisdom and scope of (God's) plan I

fall down on my knees and pray to the

Father of all the great family of God..."
Let us pray.

Lord God, we thank You for the privilege of calling You "Our Father."

We thank You for giving us life and putting us here in families... and by faith and trust in love we become a part of the "family of God."

We thank You for the patience, the understanding and the support that our families give us in order that we may leave them and serve the people of our State.

When we are discouraged, they lift up our hearts.

When we sacrifice, they sacrifice. When we suffer, they suffer.

When we win, they rejoice with us.

And so, as we celebrate this day, renew in us all that driving vision of which Katherine Lee Bates (1859-1929) sang:

"America! America! God shed His grace on thee,

And crown thy good with brotherhood

From sea to shining sea.

America! America! God mend thine every flaw,

Confirm thy soul in self control, Thy liberty

in law."

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

The following was received and referred to the appropriate committee for consideration:

Document No. 1652
Promulgated by Ethics Commission
Ethics, Government Accountability, and Campaign Reform Act of 1991
Received by Lt. Governor May 6, 1993
Referred to Senate Committee on Judiciary
120 day review expiration date April 12, 1994

On motion of Senator WILSON, at 9:00 A.M., Senator RYBERG was granted a leave of absence for today.

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator McCONNELL rose to a Point of Personal Privilege.

Senator McCONNELL rose to a Point of Personal Interest.

Senator HOLLAND rose to a Point of Personal Interest.

The following were introduced:

S. 758 -- Senator O'Dell: A SENATE RESOLUTION CONGRATULATING CHARLES E. POWER OF ANDERSON COUNTY UPON BEING NAMED A MELVIN JONES FELLOW, AND COMMENDING HIM FOR HIS THIRTY YEARS OF EXCELLENT SERVICE AS AN EDUCATOR.

The Senate Resolution was adopted.

S. 759 -- Senator Setzler: A BILL TO AMEND SECTION 59-115-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO ISSUE REVENUE BONDS UNDER THE STATE EDUCATION ASSISTANCE ACT, SO AS TO DELETE A REFERENCE TO THE AGGREGATE PRINCIPAL AMOUNT OF SUCH BONDS WHICH MAY BE OUTSTANDING AT ANY TIME AND PROVIDE FOR A PARITY BOND TEST FOR THE ISSUANCE OF ADDITIONAL BONDS.

Read the first time and referred to the Committee on Education.

S. 760 -- Senator McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-19-15 SO AS TO PROVIDE THAT IN THOSE AREAS OF THE COUNTY WHERE FIRE PROTECTION SERVICE IS OFFERED ON AN INDIVIDUAL CONTRACTUAL BASIS, THE COUNTY GOVERNING BODY MAY EXTEND FIRE PROTECTION TO THOSE LANDOWNERS WITHIN THE SERVICE AREA WHO ARE NOT SERVED BY A CONTRACT WITH ANOTHER POLITICAL SUBDIVISION.

Read the first time and referred to the Committee on Judiciary.

S. 761 -- Senators Bryan, Ryberg, Wilson, Drummond, Thomas, J. Verne Smith and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-17-724 SO AS TO PROHIBIT FALSE LOAN AND CREDIT APPLICATIONS; 16-17-726 SO AS TO PROHIBIT FILING FALSE OR FRAUDULENT STATEMENTS WITH A STATE OR LOCAL GOVERNMENT; 16-17-727 SO AS TO PROHIBIT FALSE, FICTITIOUS, OR FRAUDULENT CLAIMS AGAINST A GOVERNMENTAL ENTITY; 16-17-728 SO AS TO PROHIBIT A CONSPIRACY TO COMMIT FRAUD AGAINST A STATE OR LOCAL GOVERNMENT; AND 16-17-729 SO AS TO PROHIBIT FALSE STATEMENTS TO ANY AGENCY OR DEPARTMENT OF THE STATE OR LOCAL GOVERNMENT; AND TO AMEND SECTION 16-17-725, RELATING TO GIVING FALSE STATEMENTS, SO AS TO PROHIBIT GIVING FALSE STATEMENTS TO A STATE REGULATORY AGENCY.

Read the first time and referred to the Committee on Judiciary.

S. 762 -- Senator Martin: A BILL TO AMEND SUBSECTION D OF ACT 261 OF 1981, RELATING TO PICKENS COUNTY SCHOOL DISTRICT, SO AS TO SPECIFY THE AMOUNT OF REVENUE WHICH MAY BE GENERATED EACH YEAR FOR NECESSARY SCHOOL MAINTENANCE.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

S. 763 -- Senators O'Dell, McGill and Macaulay: A CONCURRENT RESOLUTION TO DECLARE THE PUBLIC POLICY OBJECTIVES AND STATE INTERESTS OF THE STATE OF SOUTH CAROLINA IN ESTABLISHING SINGLE-GENDER INSTITUTIONS OF HIGHER LEARNING FOR THE PURPOSE OF PROVIDING SINGLE-GENDER POST-SECONDARY EDUCATIONAL OPPORTUNITIES TO ITS CITIZENS AND TO ESTABLISH A COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER IN EXPLORING ALTERNATIVES FOR THE PROVISION OF SINGLE-GENDER EDUCATIONAL OPPORTUNITIES FOR WOMEN.

Whereas, the federal courts in various jurisdictions have held that single-gender institutions of higher learning provide valuable and unique educational opportunities and are constitutionally permissible based on legitimate public policy considerations which justify single-gender education; and

Whereas, studies conducted by several scholars have concluded that for a variety of reasons single-gender institutions have advantages over coeducational institutions in numerous areas, and the data developed suggests that the differences between a single-gender student population and a coeducational one justify a state's offering single-gender education; and

Whereas, a state nevertheless must provide constitutionally permissible single-gender opportunities in higher education based on public policy considerations which justify single-gender classifications as being in the best interests of the providing state; and

Whereas, the General Assembly of the State of South Carolina, by this resolution, declares and stipulates that the public policy considerations and state interests of South Carolina in establishing, supporting, and providing for single-gender institutions of higher learning are as follows:

1. Policy of Diversity.

South Carolina believes that its institutions of higher learning should be diverse as to size, competitiveness, program emphasis, student population, and location so as to provide students with a variety of academic opportunities and experiences. In compliance with this policy of diversity, South Carolina has established a variety of diverse educational post-secondary institutions ranging from small colleges to large regional universities, from liberal arts programs to specific research-based programs, from two-year institutions to four-year institutions with no graduate programs and to four-year institutions with comprehensive graduate and professional schools. In this context, a policy of diversity should include places for single-gender institutions within the overall higher education system of this State. The single-gender institutions this State has supported over the years have been as a result of the legitimate state interest and desire for diversity in its educational institutions, and a belief that a diverse state program that includes both single-gender programs and coeducational programs better meets the individual needs of students than does a program or policy that requires all students, without regard to individual needs, to attend coeducational colleges.

2. Policy of Meeting Need and Demand.

A need for single-gender educational programs exists in South Carolina in the opinion of its citizens, and a public demand for them continues. The citizens of South Carolina want these programs and the public interest is well served by them. A tremendous demand exists now and has historically existed for the type of single-gender opportunities the State has offered. It may be true that this demand is somewhat unique to South Carolina and other similar states and does not necessarily exist throughout the country but, nevertheless, where sufficient demand has existed for particular single-gender programs of either gender thereby justifying the expenditure of public funds to support such programs, the State of South Carolina has supported such programs and has a valid state interest in doing so. The current single-gender situations in South Carolina are popular, fully-subscribed, and flourishing and clearly the State has a legitimate public policy interest in offering and providing the types of educational experiences, including single-gender ones, that its taxpayers and citizens desire and support. In addition, where a single-gender institution produces graduates of a particular discipline, training, or expertise, and the record shows that this type of training could not be as successfully developed at a coeducational institution, a legitimate and important state interest is served if the State through its agencies and programs or the nation through its agencies and programs utilizes these graduates for compelling state or national needs.

3. Policy of Autonomy.

In the system of higher education in place in South Carolina, each institution of higher learning is governed by a board of trustees which governs the institution subject to the general law and in conjunction with the Commission on Higher Education. The General Assembly has directed the Commission on Higher Education and the state's institutions of higher learning to seek to create an environment in which each institution can pursue its own mission within the broader statewide framework.

The missions of South Carolina's sixty-two public and independent post-secondary institutions vary widely. Research universities offer degree programs through the doctoral level and professional programs consistent with their respective missions. In addition, their missions emphasize funded research and public service activities that complement academic programs. Within the context of their variety of roles and missions, senior colleges offer a broad range of degree programs, including graduate programs at the master's degree level in selected fields as well as public service and research programs. This comprehensive system as a matter of public policy should include an institution's right to choose to offer a single-gender program if sufficient demand for such a program exists and if the program fits within the broad framework of the overall state educational system.

The General Assembly as part of its stated public policy of allowing each institution the autonomy within certain guidelines to develop individualized mission statements and programs has therefore determined that it is consistent with its stated policy of institutional autonomy for an institution to offer a single-gender opportunity accomplished through the enactment of such vehicles as specific admission requirements based on gender or other similar requirements.

4. Policy of Economy of Resources.

The resources of the State of South Carolina available for higher education are becoming more and more scarce, and it is mandatory and a compelling public policy and state interest that the available resources and funding for each institution of higher learning be used in the most efficient and effective manner possible.

Studies have shown that single-gender programs provide a diversity of choice for the individual and varying needs of students in the most efficient, economical, and prudent manner possible and with the maximum utilization of the resources and assets of the State. This is true because single-gender programs avoid the duplication and additional expense that would be incurred if an attempt was made to offer the unique characteristics of a single-gender program at a coeducational institution. A single-gender institution can deliver some specific programs, including those with holistic or adversarial characteristics at less cost than can a coeducational institution and the State has a legitimate public policy interest in providing these types of programs at the least possible cost. Also, consistent with its policy of providing single-gender educational opportunities for the reasons enumerated herein, the State of South Carolina has found that the physical plant of a single-gender institution must have certain characteristics different from those of a coeducational institution for the purpose of ensuring privacy, safety, and for other such considerations. To attempt to construct or adapt the physical plant of a single-gender institution for the purpose of making it suitable for coeducation would be prohibitively expensive.

Consequently, given the fiscal situation in South Carolina and given the competing demands on its scarce resources, it is in the best interest of the State and a prudent public policy for single-gender institutions to be part of this state's higher education system so that unique programs may be offered to interested students in the most economical and efficient manner possible without unnecessary duplication and additional expense.

5. Policy of Choice.

Single-gender institutions and their programs provide a freedom of choice to students and their families, and the General Assembly believes as a matter of public policy that this is a freedom for individual choice that does not need to be destroyed. Ample choices and opportunities for college educations in mixed-gender coeducational environments exist in South Carolina and in other states and those individuals desiring a single-gender choice should also have the opportunity to make such a choice. Single-gender institutions are not inherently unconstitutional or unlawful, and the General Assembly believes that as a matter of public policy it has a duty to offer its citizens the widest range of educational opportunities it can offer in the manner allowed by law, including single-gender opportunities, so that interested students are free to choose an institution which, due to its distinctive educational methods, is not diminished or impaired as a result of a coeducational requirement; and

Whereas, for reasons and policies above provided, South Carolina has historically supported and continues to support single-gender educational institutions as a matter of public policy based on legitimate state interests where sufficient demand has existed for particular single-gender programs thereby justifying the expenditure of public funds to support such programs; and

Whereas, presently in South Carolina single-gender educational opportunities exist for men at The Citadel but do not exist for women in all areas; and

Whereas, the members of the General Assembly, by this resolution, express their belief that it is appropriate for this State to begin the process of providing single-gender educational opportunities for women. Now, therefore,

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

That the General Assembly for the reasons stipulated in this resolution hereby declares that the public policy objectives and the state interest of the State of South Carolina in establishing single-gender institutions of higher learning for the purpose of providing single-gender post-secondary education opportunities to its citizens are as contained in this resolution.

Be it further resolved that a committee of ten members is created to assist the State of South Carolina in carrying out its responsibilities of providing single-gender educational opportunities for women, and the committee shall formulate recommendations for the General Assembly to consider in exploring alternatives for the provision of single-gender educational opportunities for women.

Five members of the committee shall be appointed by the Speaker of the House of Representatives and five members of the committee shall be appointed by the President Pro Tempore of the Senate. The members of the committee shall meet as soon as practicable after appointment and shall organize, elect officers, and adopt rules to govern the proceedings of the committee.

The committee shall submit its report to the General Assembly at the beginning of its 1994 session, at which time the committee shall be dissolved. During its deliberations, the committee shall be staffed by such personnel as provided and assigned by the Speaker of the House from House staff and the President Pro Tempore of the Senate from Senate staff.

Referred to the General Committee.

H. 4173 -- Reps. Rudnick, Harrelson, Mattos, Holt, Sharpe, Kirsh, McMahand, Thomas, Riser, McAbee, Tucker, Witherspoon, Farr, Moody-Lawrence, Houck, Snow, J. Harris, Rhoad, J. Wilder, Cooper, Cato, Harrison, Haskins, Stille, Anderson, D. Wilder, Wells, Allison, Kinon, G. Brown, Barber, Vaughn, Askins, Byrd, Keyserling, McElveen, Kelley, G. Bailey, Wright, Harwell, Hines, Hutson, R. Smith and Scott: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO MACKENZIE "MACK" MILLER OF AIKEN, OUTSTANDING TRAINER OF SEA HERO, THE AIKEN-TRAINED WINNER OF THE 1993 KENTUCKY DERBY.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 3091 -- Reps. Kirsh, Simrill, Moody-Lawrence, Meacham and Delleney: A BILL TO AMEND SECTION 59-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO DELETE THE EXCEPTION OF A CHILD WHO IS MARRIED OR HAS BEEN MARRIED, AN UNMARRIED CHILD WHO IS PREGNANT, OR A CHILD WHO HAS HAD A CHILD OUTSIDE OF WEDLOCK.

Read the first time and referred to the Committee on Education.

H. 3800 -- Reps. Spearman, Sharpe, Koon, Sturkie, Riser, Wright, Gamble and Stuart: A BILL TO AMEND SECTION 5-31-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION BY ORDINANCE AFTER A BINDING REFERENDUM AND THE ASSUMPTION OF THE DUTIES OF THE COMMISSION BY THE MUNICIPAL GOVERNMENT OF THE PRIMARY AREA SERVED BY THE ABOLISHED COMMISSION AND PROVIDE THAT, AS AN ALTERNATIVE, THE COMMISSION MAY ABOLISH ITSELF BY A MAJORITY VOTE.

Read the first time and on motion of Senator LANDER, with unanimous consent, ordered placed on the Calendar without reference.

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. 3953 -- Rep. J. Wilder: A BILL TO PROVIDE PAY FOR SERVICES RENDERED FOR MEMBERS OF THE WILLISTON SCHOOL DISTRICT 29 BOARD OF TRUSTEES IN BARNWELL COUNTY, AND TO REPEAL ACT 582 OF 1992 RELATING TO PROVIDING A PER DIEM ALLOWANCE FOR MEMBERS OF THE BOARD.

(By prior motion of Senator WILLIAMS)

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 122 -- Senator McConnell: A BILL TO AMEND SECTION 27-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF GRAVES IN ABANDONED CEMETERIES OR BURYING GROUNDS, SO AS TO REQUIRE THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY IN WHICH THE CEMETERY OR GROUND IS LOCATED TO DETERMINE THAT REMOVAL BENEFITS THE COMMUNITY AND IS IN THE PUBLIC INTEREST AND TO CONSIDER OBJECTIONS TO REMOVAL BEFORE REMOVAL IS APPROVED.

S. 713 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-43-45 SO AS TO REQUIRE A DEALER IN LIQUEFIED PETROLEUM GAS TO MEET CERTAIN STORAGE CAPACITY REQUIREMENTS; TO ADD SECTION 39-43-75 SO AS TO REQUIRE NOTICE TO BE GIVEN BEFORE WORK IS BEGUN ON LIQUEFIED PETROLEUM GAS SYSTEMS; TO AMEND SECTION 39-43-10, AS AMENDED, RELATING TO DEFINITIONS IN THE LIQUEFIED PETROLEUM GAS CHAPTER, SO AS TO CONSOLIDATE AND REVISE THESE DEFINITIONS; TO AMEND SECTION 39-43-20, AS AMENDED, RELATING TO THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO INCREASE THE BOARD FROM FOUR TO FIVE; TO AMEND SECTION 39-43-30, AS AMENDED, RELATING TO DUTIES OF THE BOARD, SO AS TO DELETE THE REFERENCE TO PROSECUTING CRIMINAL VIOLATIONS AND TO REVISE AND INCLUDE NEW REFERENCES TO THE NATIONAL FIRE PROTECTION ASSOCIATION PAMPHLETS WHICH ARE THE BASIS FOR REGULATIONS THE BOARD MUST PROMULGATE; TO AMEND SECTION 39-43-40, AS AMENDED, RELATING TO LIQUEFIED PETROLEUM GAS BUSINESS ACTIVITIES REQUIRING A LICENSE, SO AS TO REVISE STATUTORY REFERENCES; TO AMEND SECTION 39-43-50, AS AMENDED, RELATING TO LICENSE FEES AND DEFINITIONS, SO AS TO DELETE AND TRANSFER THESE DEFINITIONS; TO AMEND SECTION 39-43-80, AS AMENDED, RELATING TO CERTIFICATION REQUIREMENTS FOR A PERSON WHO TRANSPORTS, DELIVERS, OR CONDUCTS OTHER BUSINESS ACTIVITIES RELATED TO LIQUEFIED PETROLEUM GAS, SO AS TO REVISE THE CERTIFICATION REQUIREMENT; TO AMEND SECTION 39-43-130, AS AMENDED, RELATING TO PILOT SAFETY VALVES ON HEATING APPLIANCES IN PUBLIC BUILDINGS, SO AS TO ADD REQUIREMENTS FOR THESE APPLIANCES IN RESIDENCES AND MANUFACTURED HOMES; TO AMEND SECTION 39-43-170, AS AMENDED, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE MINIMUM FINE FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS AND TO INCREASE THE MINIMUM IMPRISONMENT FROM SIXTY TO NINETY DAYS; TO AMEND SECTION 39-43-180, AS AMENDED, RELATING TO ADMINISTRATIVE PENALTIES FOR FAILURE TO COMPLY WITH AN ORDER, SO AS TO CLARIFY PROCEDURES FOR VIOLATIONS AND TO INCREASE THE PENALTY FROM TWO THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS; TO PROVIDE AN EXEMPTION TO STORAGE CAPACITY REQUIREMENTS UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 39-43-90 RELATING TO THE INSPECTION AND CERTIFICATION OF CARGO VESSELS AND SECTION 39-43-160 RELATING TO ADMINISTRATIVE PROCEDURES AND PENALTIES.

S. 567 -- Senators Moore, Short and Jackson: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 26 SO AS TO ENACT THE SOUTH CAROLINA CHILD FATALITY REVIEW AND PREVENTION ACT, TO PROVIDE FOR THE POLICY OF THE STATE IN PREVENTING CHILD DEATHS, TO CREATE THE STATE CHILD FATALITY REVIEW TEAM WITHIN THE CENTER FOR FAMILY IN SOCIETY, UNIVERSITY OF SOUTH CAROLINA, TO PROVIDE FOR ITS MEMBERS, ITS PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR ACCESS TO AND CONFIDENTIALITY OF RECORDS RELATING TO CHILDREN WHO HAVE DIED AND SERVICES PROVIDED TO THESE CHILDREN AND THEIR FAMILIES; TO ADD SECTIONS 17-5-140 AND 17-5-265 SO AS TO REQUIRE CORONERS AND MEDICAL EXAMINERS TO NOTIFY THE CHAIRMAN OF THE CHILD FATALITY REVIEW TEAM WHEN A CHILD DIES UNDER CERTAIN CIRCUMSTANCES; TO ADD SECTIONS 17-5-150 AND 17-5-275 SO AS TO AUTHORIZE A CORONER OR A MEDICAL EXAMINER TO OBTAIN AN INSPECTION WARRANT IN THE COURSE OF CONDUCTING AN INVESTIGATION OF A CHILD'S DEATH; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILD ABUSE AND NEGLECT LAW, SO AS TO REVISE THE DEFINITION OF "ABUSED OR NEGLECTED CHILD"; TO AMEND SECTION 20-7-510, RELATING TO REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A CORONER, A MEDICAL EXAMINER, AND THEIR EMPLOYEES TO REPORT; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE REPORTS, AND RECORDS, SO AS TO ALLOW THE RELEASE OF SUCH INFORMATION TO COUNTY MEDICAL EXAMINERS, CORONERS, AND THE STATE TEAM; TO AMEND SECTION 44-63-110, AS AMENDED, RELATING TO FEES FOR VITAL RECORDS, SO AS TO PROVIDE A TWO DOLLAR SURCHARGE ON AN ORIGINAL DEATH CERTIFICATE TO FUND THE CHILD FATALITY REVIEW TEAM; AND TO PROVIDE THAT FUNDS AND POSITIONS RELATED TO THE CHILD FATALITY REVIEW PROCESS IN THE DEPARTMENT OF SOCIAL SERVICES MUST BE TRANSFERRED TO THE CENTER FOR FAMILY IN SOCIETY.

Senator GIESE asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the General Committee.

The General Committee proposed the following amendment (436\11341AC.93), which was adopted:

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

/SECTION 1. This act may be cited as the "South Carolina Child Fatality Review and Prevention Act".

SECTION 2. It is the policy of this State that:

(1) Every child is entitled to live in safety and in health and to survive into adulthood;

(2) Responding to child deaths is a state and a community responsibility;

(3) When a child dies, the response by the State and the community to the death must include an accurate and complete determination of the cause of death, the provision of services to surviving family members, and the development and implementation of measures to prevent future deaths from similar causes and may include court action, including prosecution of persons who may be responsible for the death and family court proceedings to protect other children in the care of the responsible person;

(4) Professionals from disparate disciplines and agencies who have responsibilities for children and expertise that can promote child safety and well-being should share their expertise and knowledge toward the goals of determining the causes of children's deaths, planning and providing services to surviving children and nonoffending family members, and preventing future child deaths;

(5) A greater understanding of the incidence and causes of child deaths is necessary if the State is to prevent future child deaths;

(6) Multi-disciplinary and multi-agency reviews of child deaths can assist the State in the investigation of child deaths, in the development of a greater understanding of the incidence and causes of child deaths and the methods for preventing such deaths, and in identifying gaps in services to children and families;

(7) Access to information regarding deceased children and their families by the Department of Child Fatalities is necessary to achieve the department's purposes and duties; and

(8) Competent investigative services must be sensitive to the needs of South Carolina's children and their families and not unnecessarily intrusive and should be achieved through training, awareness, and technical assistance.

SECTION 3. Chapter 7, Title 20 of the 1976 Code is amended by adding:

Section 20-7-5900. For purposes of this article:

(1) `Child' means a person under eighteen years of age.

(2) `Committee' means the State Child Fatality Advisory Committee.

(3) `Department' means the State Law Enforcement Division's Department of Child Fatalities.

(4) `Local child protective services agency' means the county department of social services for the jurisdiction where a deceased child resided.

(5) `Meeting' means both in-person meetings and meetings through telephone conferencing.

(6) `Preventable death' means a death which reasonable medical, social, legal, psychological, or educational intervention may have prevented.

(7) `Provider of medical care' means a licensed health care practitioner who provides, or a licensed health care facility through which is provided, medical evaluation or treatment, including dental and mental health evaluation or treatment.

(8) `Working day' means Monday through Friday, excluding official state holidays.

(9) `Unexpected death' includes all child deaths which, before investigation, appear possibly to have been caused by trauma, suspicious or obscure circumstances, or child abuse or neglect.

Section 20-7-5905. There is created within the State Law Enforcement Division (SLED) the Department of Child Fatalities which is under the supervision of the chief of SLED.

Section 20-7-5910. (A) There is created a multi-disciplinary State Child Fatality Advisory Committee composed of:

(1) the Commissioner of the South Carolina Department of Social Services;

(2) the Commissioner of the South Carolina Department of Health and Environmental Control;

(3) the State Superintendent of Education;

(4) the Executive Director of the South Carolina Criminal Justice Academy;

(5) the Chief of the State Law Enforcement Division;

(6) the Commissioner of the South Carolina Commission on Alcohol and Drug Abuse;

(7) the Commissioner of the State Department of Mental Health;

(8) the Commissioner of the State Department of Mental Retardation;

(9) the Commissioner of the Department of Youth Services;

(10) an attorney with experience in prosecuting crimes against children;

(11) a county coroner or medical examiner;

(12) a pediatrician with experience in diagnosing and treating child abuse and neglect, appointed from recommendations submitted by the State Chapter of the American Academy of Pediatrics; and

(13) a solicitor.

(B) Those state agency members in items (1)-(9) shall serve ex officio and may appoint a designee to serve in their place from their particular departments or agencies who have administrative or program responsibilities for children and family services. The remaining members, including the coroner or medical examiner and solicitor who shall serve ex officio, must be appointed by the Governor for terms of four years and until their successors are appointed and qualify.

(C) A chairman and vice-chairman of the committee must be elected from among the members by a majority vote of the membership for a term of two years.

(D) Meetings of the committee must be held at least quarterly. A majority of the committee constitutes a quorum.

(E) Each ex officio member shall provide sufficient staff and administrative support to carry out the responsibilities of this article.

Section 20-7-5920. (A) The purpose of the department is to expeditiously investigate child deaths in all counties of the State.

(B) To achieve its purpose, the department shall:

(1) upon receipt of a report of a child death from the county coroner or medical examiner, as required by Sections 17-5-140 and 17-5-265, investigate and gather all information on the child fatality. The coroner or medical examiner immediately shall request an autopsy. The autopsy must be performed by a forensic pathologist as soon as possible. The forensic pathologist shall inform the department of the findings within forty-eight hours of completion of the autopsy. If the autopsy reveals the cause of death to be pathological or an unavoidable accident, the case must be closed by the department. If the autopsy reveals physical or sexual trauma, suspicious markings, or other findings that are questionable or yields no conclusion to the cause of death, the department immediately shall begin an investigation;

(2) request assistance of any other local, county, or state agency to aid in the investigation;

(3) upon receipt of additional investigative information, reopen a case for another coroner's inquest;

(4) upon receipt of the notification required by item (1), review agency records for information regarding the deceased child or family. Information available to the department pursuant to Section 20-7-5930 and information which is public under Chapter 4, Title 30, the Freedom of Information Act, must be available as needed to the county coroner or medical examiner and county department of social services;

(5) report the activities and findings related to a child fatality to the State Child Fatality Advisory Committee;

(6) develop a protocol for child fatality reviews;

(7) develop a protocol for the collection of data regarding child deaths as related to Sections 17-5-140 and 17-5-265 and provide training to local professionals delivering services to children, county coroners and medical examiners, and law enforcement agencies on the use of the protocol;

(8) study the operations of local investigations of child fatalities, including the statutes, regulations, policies, and procedures of the agencies involved with children's services and child death investigations;

(9) examine confidentiality and access to information statutes, regulations, policies, and procedures for agencies with responsibilities for children, including, but not limited to, health, public welfare, education, social services, mental health, alcohol and other substance abuse, and law enforcement agencies and determine whether those statutes, regulations, policies, or procedures impede the exchange of information necessary to protect children from preventable deaths. If the department identifies a statute, regulation, policy, or procedure that impedes the necessary exchange of information, the department shall notify the committee and the agencies serving on the committee and the committee shall include proposals for changes to statutes, regulations, policies, or procedures in the committee's annual report;

(10) develop a Forensic Pathology Network available to coroners and medical examiners for prompt autopsy findings;

(11) submit to the Governor and the General Assembly, an annual report and any other reports prepared by the department, including, but not limited to, the department's findings and recommendations;

(12) promulgate regulations necessary to carry out its purposes and responsibilities under this article.

Section 20-7-5920. The purpose of the State Child Fatality Advisory Committee is to decrease the incidence of preventable child deaths by:

(1) developing an understanding of the causes and incidence of child deaths;

(2) developing plans for and implementing changes within the agencies represented on the committee which will prevent child deaths; and

(3) advising the Governor and the General Assembly on statutory, policy, and practice changes which will prevent child deaths.

(B) To achieve its purpose, the committee shall:

(1) meet with the department no later than one month after the department receives notification by the county medical examiner or coroner pursuant to Section 17-5-140 or 17-5-265 to review the investigation of the death;

(2) undertake annual statistical studies of the incidence and causes of child fatalities in this State. The studies shall include an analysis of community and public and private agency involvement with the decedents and their families before and subsequent to the deaths;

(3) the committee shall consider training, including cross-agency training, consultation, technical assistance needs, and service gaps. If the committee determines that changes to any statute, regulation, policy, or procedure is needed to decrease the incidence of preventable child deaths, the committee shall include proposals for changes to statutes, regulations, policies, and procedures in the committee's annual report;

(4) educate the public regarding the incidence and causes of child deaths, the public role in preventing these deaths, and specific steps the public can undertake to prevent child deaths. The committee shall enlist the support of civic, philanthropic, and public service organizations in performing the committee's education duties;

(5) develop and implement policies and procedures for its own governance and operation;

(6) submit to the Governor and the General Assembly, an annual written report and any other reports prepared by the committee, including, but not limited to, the committee's findings and recommendations. Annual reports must be made available to the public.

Section 20-7-5930. Upon request of the department and as necessary to carry out the department's purpose and duties, the department immediately must be provided:

(1) by a provider of medical care, access to information and records regarding a child whose death is being reviewed by the department, including information on prenatal care;

(2) access to all information and records maintained by any state, county, or local government agency, including, but not limited to, birth certificates, law enforcement investigation data, county coroner or medical examiner investigation data, parole and probation information and records, and information and records of social services and health agencies that provided services to the child or family, including information made strictly confidential in Section 20-7-650 concerning unfounded reports of abuse or neglect.

Section 20-7-5940. When necessary in the discharge of the duties of the department and upon application of the department, the clerks of court shall issue a subpoena or subpoena duces tecum to any state, county, or local agency, board, or commission or to any representative of any state, county, or local agency, board, or commission or to a provider of medical care to compel the attendance of witnesses and production of documents, books, papers, correspondence, memoranda, and other relevant records to the discharge of the department's duties. Failure to obey a subpoena or subpoena duces tecum issued pursuant to this section may be punished as contempt.

Section 20-7-5950. (A) Meetings of the committee and department are closed to the public and are not subject to Chapter 4, Title 30, the Freedom of Information Act, when the committee and department are discussing individual cases of child deaths.

(B) Except as provided in subsection (C), meetings of the committee are open to the public and subject to the Freedom of Information Act when the committee is not discussing individual cases of child deaths.

(C) Information identifying a deceased child or a family member, guardian, or caretaker of a deceased child, or an alleged or suspected perpetrator of abuse or neglect upon a child may not be disclosed during a public meeting and information regarding the involvement of any agency with the deceased child or family may not be disclosed during a public meeting.

(D) Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned not more than six months, or both.

Section 20-7-5960. (A) All information and records acquired by the committee and by the department in the exercise of their purposes and duties pursuant to this article are confidential, exempt from disclosure under Chapter 4, Title 30, the Freedom of Information Act, and only may be disclosed as necessary to carry out the committee's and department's duties and purposes.

(B) Statistical compilations of data which do not contain information that would permit the identification of a person to be ascertained are public records.

(C) Reports of the committee and department which do not contain information that would permit the identification of a person to be ascertained are public information.

(D) Except as necessary to carry out the committee's and department's purposes and duties, members of the committee and department and persons attending their meeting may not disclose what transpired at a meeting which is not public under Section 20-7-5940 and may not disclose information, the disclosure of which is prohibited by this section.

(E) Members of the committee, persons attending a committee meeting, and persons who present information to the committee may not be required to disclose in any civil or criminal proceeding information presented in or opinions formed as a result of a meeting, except that information available from other sources is not immune from introduction into evidence through those sources solely because it was presented during proceedings of the committee or department or because it is maintained by the committee or department. Nothing in this subsection may be construed to prevent a person from testifying to information obtained independently of the committee or which is public information.

(F) Information, documents, and records of the committee and department are not subject to subpoena, discovery, or the Freedom of Information Act, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or the Freedom of Information Act through those sources solely because they were presented during proceedings of the committee or department or because they are maintained by the committee or department.

(G) Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned for not more the six months, or both."

SECTION 4. The 1976 Code is amended by adding:

"Section 17-5-140. The county coroner within twenty-four hours or one working day shall notify the department when a child dies in any county of the State:

(1) as a result of violence;
(2) when unattended by a physician;
(3) in any suspicious or unusual manner; or
(4) when the death is unexpected and unexplained.

For the purposes of this section, a child is not considered to be `unattended by a physician' when a physician has, before death, provided diagnosis and treatment following a fatal injury."

SECTION 5. The 1976 Code is amended by adding:

"Section 17-5-265. The county medical examiner within twenty-four hours or one working day shall notify the department when a child dies in any county of the State:

(1) as a result of violence;
(2) when unattended by a physician;
(3) in any suspicious or unusual manner; or
(4) when the death is unexpected and unexplained.

For the purposes of this section, a child is not considered to be `unattended by a physician' when a physician has, before death, provided diagnosis and treatment following a fatal injury."

SECTION 6. The 1976 Code is amended by adding:

"Section 17-5-150. If the home or premises last inhabited by a child is not the scene of the death of a child, the coroner, while conducting an investigation of the death, may petition the local magistrate of the appropriate judicial circuit for a warrant to inspect the home or premises inhabited by the deceased before death. The local magistrate shall issue the inspection warrant upon probable cause to believe that events in the home or premises may have contributed to the death of the child."

SECTION 7. The 1976 Code is amended by adding:

"Section 17-5-275. If the home or premises last inhabited by a child is not the scene of the death of a child, the medical examiner, while conducting an investigation of the death, may petition the circuit court of the appropriate judicial circuit for a warrant to inspect the home or premises inhabited by the deceased before death. The circuit court shall issue the inspection warrant upon probable cause to believe that events in the home or premises may have contributed to the death of the child."

SECTION 8. Section 20-7-490(B) of the 1976 Code is amended to read:

"(B) `Abused or neglected child' means a child whose death results from or whose physical or mental health or welfare is harmed or threatened with harm, as defined by items (C) and (D) of this Section, by the acts or omissions of his parent, guardian, or other person responsible for his welfare."

SECTION 9. Section 20-7-510(A) of the 1976 Code is amended to read:

"(A) Any physician, nurse, dentist, optometrist, medical examiner or coroner, or employee of a county medical examiner's or coroner's office, or any other medical, emergency medical services, mental health or allied health professional, Christian Science Practitioner, religious healer, school teacher or counselor, social or public assistance worker, child care worker in any day care center or child caring institution, police or law enforcement officer, undertaker, funeral home director, or employee of a funeral home, or any judge having reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect is required to report or cause a report to be made in accordance with this section."

SECTION 10. Section 20-7-650(F) of the 1976 Code is amended by adding at the end:

"However, the confidentiality and disclosure provisions of this subsection do not apply to information requested by the Department of Child Fatalities pursuant to Section 20-7-5930; and the information pertaining to an unfounded case must be released to the Department of Child Fatalities when the request is made pursuant to Section 20-7-5930."

SECTION 11. Section 20-7-690(C) of the 1976 Code, as last amended by Act 441 of 1988, is further amended by adding appropriately numbered items to read:

"( ) County medical examiners or coroners who are investigating the death of a child in accordance with Section 17-5-140, 17-5-150, or 17-5-265; and

( ) The committee and department in accordance with the exercise of its purpose and duties pursuant to Article 26, Chapter 7, Title 20."

SECTION 12. Section 44-63-110 of the 1976 Code, as last amended by Act 341 of 1988, is further amended to read:

"Section 44-63-110. For making, furnishing, or certifying any card, certificate, or certified copy of the record, for filing a record amendment according to the provisions of Section 44-63-60, 44-63-80, 44-63-90, or 44-63-100, or for searching the record, when no card, certificate, or certified copy is made, a fee in an amount as determined by the Board of Health and Environmental Control must be paid by the applicant. The amount of the fee established by the board may not exceed the cost of the services performed and to the extent possible must be charged on a uniform basis throughout the State. However, a two-dollar surcharge must be added to the fee amount for an original death certificate as determined by the Board of Health and Environmental Control and the surcharge must be remitted to the general fund and appropriated to the Department of Child Fatalities by July first of each year. When verification of the facts contained in these records is needed for Veterans' Administration purposes in connection with a claim, it must be furnished without charge to the South Carolina Department of Veterans' Affairs or to a county veterans' affairs officer upon request and upon the furnishing of satisfactory evidence that the request is for the purpose authorized in this chapter."

SECTION 13. The State Child Fatalities Advisory Committee, created in Section 20-7-5910 of the 1976 Code, as contained in Section 3 of this act, shall hold its first meeting within one month of this act's effective date.

SECTION 14. The Child Fatalities Department, created in Section 20-7-5910 of the 1976 Code, as contained in Section 3 of this act, must be formed within one month of this act's effective date.

SECTION 15. The South Carolina Department of Social Services shall transfer all funds, positions, records, property, and equipment related to the child fatality review process in that agency to the Department of Child Fatalities.

SECTION 16. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator MOORE explained the amendment.

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 was ordered placed on the third reading Calendar:

S. 756 -- Senator Cork: A BILL TO REPEAL ACT 583 OF 1971 RELATING TO THE CREATION OF THE HILTON HEAD ISLAND FIRE DISTRICT IN BEAUFORT COUNTY.

(By prior motion of Senator CORK)

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 731 -- Senators Elliott, Greg Smith and Rankin: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF TRANSPORTATION, POSSESSION, CONSUMPTION, AND SALE OF ALCOHOLIC BEVERAGES, BY ADDING SECTION 61-5-185 RELATING TO LICENSING OF BONA FIDE NONPROFIT ORGANIZATIONS AND BUSINESS ESTABLISHMENTS UNDER SECTION 61-5-50 WHEN LOCATED EAST OF THE INTERCOASTAL WATERWAY IN A COUNTY WHERE THE ANNUAL ACCOMMODATIONS TAX COLLECTIONS EXCEED SIX MILLION DOLLARS.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator RANKIN argued in favor of the third reading of the Bill.

Senator GREG SMITH proposed the following Amendment No. 1 (731R001.GS), which was not adopted:

Amend the bill, as and if amended, page 1, line 34, by adding after the word /dollars/ the following:

/ and in any land area between the intracoastal waterway and the Atlantic Ocean that is contiguous to a county where the annual accommodations tax collections exceed six million dollars annually /

Amend title to conform.

Senator G. SMITH argued in favor of the adoption of the amendment and Senator CORK argued contra.

At 9:35 A.M., Senator THOMAS assumed the Chair.

Senator CORK continued arguing contra to the adoption of the amendment.

Senator GIESE moved to carry over the Bill.

Senator WILLIAMS argued contra to the motion to carry over.

On motion of Senator GIESE, with unanimous consent, the motion to carry over was withdrawn.

The question then was the adoption of Amendment No. 1.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Elliott Ford Glover
Jackson Land McConnell
Mitchell Moore Passailaigue
Patterson Rankin Saleeby
Short Smith, G. Waldrep
Washington Williams

Bryan Cork Giese
Gregory Hayes Lander
Leatherman Leventis Macaulay
Martin McGill Mescher
Richter Rose Setzler
Smith, J.V. Stilwell Thomas
Wilson

The amendment was not adopted.

At 9:52 A.M., the PRESIDENT assumed the Chair.

On motion of Senator RANKIN, with unanimous consent, Amendment No. 3 was taken up for immediate consideration.

Senators RANKIN, GREG SMITH and ELLIOTT proposed the following Amendment No. 3 (731R004.LAR), which was adopted:

Amend the bill, as and if amended, page 1, by striking on line 35, beginning with the word / The / through line 40.

Renumber sections to conform.

Amend title to conform.

Senator RANKIN argued in favor of the adoption of the amendment.

Senator RANKIN moved that the amendment be adopted.

The amendment was adopted.

Senators RICHTER and CORK proposed the following Amendment No. 2 (731R002.LER), which was adopted:

Amend the bill, as and if amended, page 1, line 35, by inserting after the word / fees. / the following:

/ Permits authorized by Section 61-5-180 must be issued to bona fide, nonprofit organizations and businesses established and licensed under Section 61-5-50 in any county bordered by the Atlantic Ocean where the annual accommodations tax collections exceeds two million dollars upon application and payment of the filing and permit fees. /

Renumber sections to conform.

Amend title to conform.

Senator RICHTER explained the amendment.

Senator RICHTER moved that the amendment be adopted.

The amendment was adopted.

There being no further amendments, the question was the third reading of the Bill.

Senator LEVENTIS argued contra to the third reading of the Bill.

Senator LEVENTIS proposed the following Amendment No. 4 (731R005.PPL):

Amend the bill, as and if amended, page 1, after line 41, by adding an appropriately numbered SECTION to read:

/ SECTION . Chapter 5, Title 61 of the 1976 Code is amended by adding:

"Section 61-5-186. Any establishment authorized to sell alcoholic beverages under a permit granted pursuant to the provisions of Section 61-5-185 that is outside of, but within two miles of, the boundaries of an incorporated municipality which has authorized the sale of alcoholic beverages shall be subject to the levy of ad valorem taxation by that incorporated municipality if the area in which the establishment is located has not authorized the issuance of permits to sell alcoholic beverages on Sunday."/

Amend title to conform.

Senator LEVENTIS argued in favor of the adoption of the amendment.

Senator ELLIOTT raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator LEVENTIS spoke on the Point of Order.

Senator LEATHERMAN spoke on the Point of Order.

Senator ELLIOTT spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator LEVENTIS argued in favor of the adoption of the amendment.

At 11:00 A.M., Senator BRYAN requested a leave of absence for the balance of the day.

Senator LEVENTIS argued in favor of the adoption of the amendment.

On motion of Senator J. VERNE SMITH, with unanimous consent, debate was interrupted by adjournment, Senator LEVENTIS retaining the floor.

Senator DRUMMOND moved that when the Senate adjourns on Friday, May 7, 1993, it stand adjourned to meet next Tuesday, May 11, 1993, at 12:00 Noon, which motion was adopted.

At 11:07 A.M., on motion of Senator J. VERNE SMITH, the Senate adjourned to meet tomorrow at 11:00 A.M.

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