Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 4:40 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
The following Joint Resolution 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. 4012 -- Rep. Farr: A JOINT RESOLUTION TO PROVIDE THAT INDIVIDUALS RESIDING IN CERTAIN RESIDENTIAL CARE FACILITIES MAY QUALIFY FOR A SUPPLEMENT UNDER THE DEPARTMENT OF SOCIAL SERVICES GENERAL ASSISTANCE PROGRAM IF THEY OTHERWISE QUALIFY EXCEPT FOR INCOME REQUIREMENTS OR THE TYPE OF FACILITY IN WHICH THEY RESIDE.
(By prior motion of Senator PEELER, with unanimous consent)
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3255 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 9, TITLE 50 SO AS TO REQUIRE THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO ESTABLISH A HUNTER EDUCATION PROGRAM FOR PERSONS PURCHASING HUNTING LICENSES WHO WERE BORN AFTER JUNE 30, 1979, ALLOW RECIPROCITY FOR SUCCESSFUL COMPLETION OF COMPARABLE COURSES IN OTHER JURISDICTIONS, AND PROVIDE A PENALTY FOR VIOLATIONS.
(By prior motion of Senator HOLLAND, with unanimous consent)
H. 3615 -- Reps. Allison, G. Bailey, Haskins, Littlejohn, Jaskwhich, Harrison, Shissias, Wells, R. Smith, Neal, Farr, Walker, Davenport, Beatty, Cooper, Sturkie, Stone, Hutson, Riser, Robinson, Byrd, Stoddard, Thomas, Lanford, D. Smith, Phillips, D. Wilder and Snow: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE THAT THE GOVERNING BODY OF SUCH A DISTRICT MAY RECEIVE IN MILEAGE AND SUBSISTENCE EXPENSES AMOUNTS NOT EXCEEDING THOSE ALLOWED BY LAW FOR STATE BOARDS, COMMITTEES, AND COMMISSIONS; AND TO ALLOW THE GOVERNING BODY TO ESTABLISH A PER DIEM NOT TO EXCEED ONE HUNDRED DOLLARS.
(By prior motion of Senator COURTNEY, with unanimous consent)
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 696 -- Senators Elliott and Rankin: A BILL TO AMEND SECTION 48-39-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF TIME PERMIT APPROVED BY SOUTH CAROLINA COASTAL COUNCIL IS VALID, SO AS TO EXTEND THE TIME FROM THREE TO FIVE YEARS AND TO TEN YEARS FOR MARINA PERMITS AND TO PROVIDE FOR EXTENSIONS AND TOLLING DURING AN APPEAL.
(By prior motion of Senator LEVENTIS, with unanimous consent)
S. 716 -- Senator McConnell: A BILL TO AMEND SECTION 48-39-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COASTAL COUNCIL BEING THE ONLY STATE AGENCY AUTHORIZED TO PERMIT OR DENY ALTERATIONS OR UTILIZATIONS WITHIN CRITICAL AREAS, SO AS TO FURTHER PROVIDE FOR THE VALIDITY OF CRITICAL AREA DELINEATIONS, AND TO PROVIDE EXCEPTIONS.
(By prior motion of Senator LEVENTIS, with unanimous consent)
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
Senator ROSE proposed the following Amendment No. 124 (3610R057.MTR), which was adopted:
Amend the Senate Finance Committee Report, as and if amended, DIVISION IV by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 1-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY GENERAL'S LITIGATION EXPENSES, BY ADDING SUBITEM (3) SO AS TO PROVIDE THAT NO GOVERNMENTAL AGENCY OR QUASI-GOVERNMENTAL ENTITY OR AGENCY MAY PAY A CONTINGENCY FEE OR BONUS TO PRIVATE COUNSEL RETAINED BY SUCH AGENCY OR ENTITY FOR LEGAL REPRESENTATION UNLESS SUCH FEE OR BONUS ARRANGEMENT HAS BEEN REDUCED TO WRITING SETTING FORTH THE PARAMETERS OF THE EMPLOYMENT AND THE PAYMENT THEREFOR AND HAS BEEN REVIEWED AND APPROVED BY THE ATTORNEY GENERAL; TO PROVIDE THAT NO GOVERNMENT AGENCY MAY PAY AN HOURLY FEE TO PRIVATE LEGAL COUNSEL RETAINED BY SUCH AGENCY FOR LEGAL REPRESENTATION, UNLESS SUCH FEE OR BONUS ARRANGEMENT HAS BEEN REDUCED TO WRITING SETTING FORTH THE PARAMETERS OF THE EMPLOYMENT AND THE TERMS OF PAYMENT.
A. Section 1-7-80 of the 1976 Code is amended by adding:
"(3) Notwithstanding any other provision of law to the contrary, effective July 1, 1993, no governmental agency or quasi-governmental entity or agency shall pay a contingency fee or bonus to private counsel retained by such agency or entity for legal representation, unless such contingency fee or bonus arrangement has been reduced to writing setting forth the parameters of the employment and the terms of payment and has received the prior review and approval of the Attorney General. In addition, no government agency shall pay an hourly fee to private counsel retained by such agency for legal representation, unless such hourly fee has been reduced to writing setting forth the parameters of the employment and the terms of payment." /
Amend sections, totals and title to conform.
Senator ROSE explained the amendment.
Senator ROSE moved that the amendment be adopted.
The amendment was adopted.
Senator DRUMMOND proposed the following Amendment No. 125 (DKA\4764AL.93), which was adopted:
Amend the report of the Committee on Finance, as and if amended, DIVISION IV, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-4-340, AS AMENDED, OF THE 1976 CODE, RELATING TO THE AUTHORITY TO CONTRACT WITH COLLECTION AGENCY TO COLLECT DELINQUENT TAXES, SO AS TO PROVIDE FOR THE COLLECTION FROM ANY TAXPAYER.
Section 12-4-340 of the 1976 Code, as last amended Act 50 of 1991, is further amended to read:
"Section 12-4-340. The commission, for the purposes of collecting delinquent taxes due from a taxpayer not residing in the State, may contract with a collection agency, within or without the State, for the collection of delinquent taxes, including penalties and interest as provided in Section 12-54-227."/
Renumber sections to conform.
Amend totals and title to conform.
Senator DRUMMOND explained the amendment.
The amendment was adopted.
Senators RUSSELL, WILSON and COURTNEY proposed the following Amendment No. 127 (DKA\4767HC.93), which was tabled:
Amend the report of the Committee on Finance, as and if amended, DIVISION IV, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE SALE OF TANGIBLE PERSONAL PROPERTY SOLD TO CHARITABLE HOSPITALS PREDOMINANTLY SERVING CHILDREN WHICH ARE ALSO EXEMPT FROM THE PROPERTY TAX, WHERE CARE IS PROVIDED WITHOUT CHARGE TO THE PATIENT.
A. Section 12-36-2120 of the 1976 Code, as amended, is further amended by adding a new item to be appropriately numbered which shall read:
"( ) tangible personal property sold to charitable hospitals predominantly serving children exempt under Section 12-37-220, where care is provided without charge to the patient."
B. This section takes effect July 1, 1993./
Renumber sections to conform.
Amend totals and title to conform.
Senator RUSSELL explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators LAND and PASSAILAIGUE proposed the following Amendment No. 128 (DKA\4766HC.93), which was adopted:
Amend the report of the Committee on Finance, as and if amended, Division IV, Permanent Provisions, by adding a new section to be appropriately numbered which shall read:
TO PROVIDE THAT FROM THE REVENUES OF THE PUBLIC RAILWAYS COMMISSION, THE SUM OF TWO MILLION DOLLARS ANNUALLY MUST BE TRANSMITTED BY THE COMMISSION TO THE STATE TREASURER FOR DEPOSIT IN THE GENERAL FUND OF THE STATE FOR FISCAL YEAR 1993-94 ONLY AND TO PROVIDE FOR THE USE OF THE REVENUE.
A. For fiscal year 1993-94 only, from the revenues of the Public Railways Commission, the sum of two million dollars must be transmitted by the Commission to the State Treasurer for deposit in the general fund of the State. The revenue provided by this section must be used as follows:
school buses-$1,000,000
prisons-$1,000,000."
B. This section takes effect July 1, 1993./
Renumber sections to conform.
Amend totals and title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senator RICHTER proposed the following Amendment No. 138 (3610R058.LER), which was tabled:
Amend the Finance Committee Report, as and if amended, Division IV, by adding an appropriately numbered Section to read:
TO AMEND CHAPTER 15 OF TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-260 RELATING TO PROCEEDINGS AND FORFEITURE OF RECOGNIZANCES SO AS TO PROVIDE FOR THE DISTRIBUTION OF THE FUNDS COLLECTED.
A. The 1976 Code is amended by adding the following:
"Section 17-15-260. The funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the county in which the estreatment is ordered, twenty-five percent to the Solicitor's Office in such county and fifty percent to the general fund of the state unless the case was made in a municipality, in which case twenty five percent to the general fund of the state and twenty five percent to the municipality."
B. This Section takes effect July 1, 1993. /
Amend title to conform.
Senator RICHTER explained the amendment.
Senator COURTNEY moved to lay the amendment on the table.
The amendment was laid on the table.
Senator THOMAS proposed the following Amendment No. 139 (DKA\4770SD.93), which was tabled:
Amend the report of the Committee on Finance, as and if amended, DIVISION IV, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO PROVIDE THAT NO POLITICAL SUBDIVISION OF THIS STATE MAY ENTER INTO A LEASE-PURCHASE OR LEASE-LEASE BACK AGREEMENT WHERE THE POLITICAL SUBDIVISION IS THE LESSEE AFTER JUNE 30, 1996, IF THE TOTAL AMOUNT OF SUCH AGREEMENTS OF THE POLITICAL SUBDIVISION AS OF THAT DATE EXCEEDS FIFTEEN PERCENT OF THE TOTAL CONSTITUTIONAL GENERAL DEBT LIMITATION OF THE POLITICAL SUBDIVISION AS DETERMINED UNDER ARTICLE X OF THE CONSTITUTION OF THIS STATE.
Notwithstanding any other provision of law, no political subdivision of this State may enter into a lease-purchase or lease-lease back agreement where the political subdivision is the lessee after June 30, 1996, if the total amount of such agreements of the political subdivision as of that date exceeds fifteen percent of the total constitutional general debt limitation of the political subdivision as determined under Article X of the Constitution of this State./
Renumber sections to conform.
Amend totals and title to conform.
Senator THOMAS explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators WASHINGTON, MATTHEWS, MITCHELL, PATTERSON, FORD, GLOVER and JACKSON proposed the following Amendment No. 141A (3610R086.MW), which was adopted:
Amend the Senate Finance Committee Report, as and if amended, DIVISION IV, by adding an appropriately numbered new SECTION at the end to read:
TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 31 SO AS TO CREATE A STATE COMMISSION FOR MINORITY AFFAIRS AND TO PROVIDE FOR ITS FUNCTIONS, DUTIES, AND POWERS.
A. Title 1 of the 1976 Code is amended by adding:
Section 1-31-10. There is created a State Commission for Minority Affairs to be staffed by a director and other personnel as determined appropriate by the commission consistent with funds appropriated by the General Assembly in the annual general appropriations act for this purpose or from matching funds available for this purpose. The commission consists of five members elected by the General Assembly for terms of four years and until their successors are elected and qualify, provided that of those members first elected, two must be elected for initial two-year terms as determined by the General Assembly when conducting the first elections. A vacancy must be filled for the remainder of the unexpired term in the same manner of original election. A majority of the members of the commission must be of a minority race.
Section 1-31-20. The Commission for Minority Affairs shall:
(1) provide the minority community with a single point of contact for statistical and technical assistance in the areas of research and planning for a greater economic future;
(2) work with minority officials on the state, county, and local levels of government in disseminating statistical data and its impact on their constituencies;
(3) provide for publication of a statewide statistical abstract on minority affairs;
(4) provide statistical analyses for members of the General Assembly on the state of minority communities as the State experiences economic growth and changes; and
(5) provide the minority community with assistance and information on Voting Rights Act submissions in the State, as well as other related areas of concern to the minority community.
Section 1-31-30. The commission may promulgate those regulations necessary to carry out its duties under this act."
B. This Section takes effect July 1, 1993./
Amend sections, totals and title to conform.
Senator WASHINGTON explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators PASSAILAIGUE and THOMAS proposed the following Amendment No. 147 (3610R083.ELP), which was tabled:
Amend the Finance Committee Report, as and if amended, DIVISION IV, by adding an appropriately numbered new SECTION at the end to read:
TO AMEND SECTION 11-35-1560, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR THE AWARD OF SOLE SOURCE PROCUREMENTS IN EXCESS OF FIFTEEN THOUSAND DOLLARS.
A. Section 11-35-1560 of the 1976 Code is amended to read:
"Section 11-35-1560. (A) A contract in an amount less than fifteen thousand dollars may be awarded for a supply, service or construction item without competition when, under the regulations promulgated by the board, the chief procurement officer, the head of a purchasing agency, or a designee of either officer above the level of the procurement officer determines in writing that there is only one source for the required supply, service or construction item. Purchases shall not be artificially divided by governmental bodies so as to circumvent the provisions of this section. A vendor may not accept a sole source procurement of more than fifteen thousand dollars in the aggregate from all governmental bodies per year unless the provisions of subsection (B) are followed by the agency seeking the sole source procurement from that vendor irrespective of the dollar amount involved in that procurement.
(B) For contracts in excess of fifteen thousand dollars, a notice of intent to make a sole source procurement for a supply, service or construction item without competition, under regulations promulgated by the board, may be made as provided in this section when the chief procurement officer, the head of a purchasing agency, or a designee of either officer above the level of the procurement officer determines in writing that there is only one source for the required supply, service or construction item. The individual making the determination that only one source exists must include in this determination the extent to which other sources were sought and the means which were used to make this determination. The agency head or other equivalent officer, as may be appropriate, must review this determination and certify that due diligence has been exercised to attempt to locate another source for the goods or services being sought. The notice of intent to purchase by means of a sole source procurement in no way creates an enforceable contract on the part of the State, its agencies, or any third party.
This written determination and certification must be forwarded to the Director of the Division of General Services of the Budget and Control Board. The director must cause a notice to be placed in the next edition of The South Carolina Business Opportunities (S.C.B.O.) stating that a notice of intent to purchase from a sole source has been made by the agency. This notice must include sufficient information for other vendors to determine the type, nature, and scope of the materials or services being procured. Other responsible vendors shall have thirty days from the publication of the notification of intent to notify the Division of General Services and state why the goods or services being sought are not appropriate to be procured through a sole source procurement. The Division of General Services shall determine the manner and nature of any submissions and must review these submissions within ten days of the closure of the thirty-day period provided above. Any review of this decision shall be appealable to the procurement review panel as provided in Subarticle 3 of Article 17 of this title. /
Amend sections, totals, and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Drummond
Elliott Ford Giese
Hayes Holland Jackson
Land Lander Leatherman
Leventis Macaulay Matthews
McGill Mitchell Moore
O'Dell Patterson Setzler
Short Smith, J.V. Waldrep
Washington
Cork Courson Gregory
McConnell Mescher Passailaigue
Peeler Reese Rose
Russell Ryberg Smith, G.
Thomas Wilson
The amendment was laid on the table.
Senator SETZLER proposed the following Amendment No. 154 (N05\7291BD.93), which was adopted:
Amend the bill, as and if amended, Division IV, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 40-7-240 OF THE 1976 CODE, RELATING TO THE GROUNDS FOR REFUSAL TO ISSUE OR RENEW OR GROUNDS TO SUSPEND OR REVOKE A CERTIFICATE OF REGISTRATION ISSUED BY THE BOARD OF BARBER EXAMINERS, SO AS TO PROVIDE AN ADDITIONAL GROUND PERTAINING TO SANITARY MANAGEMENT OF BARBERSHOPS AND BARBER SCHOOLS.
Section 40-7-240(6) of the 1976 Code is amended to read:
"(6) the commission of any one or more of the offenses described in Section 40-7-220, items (3), (4), (6), (7), and (8); and"/
Renumber sections to conform.
Amend totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator MACAULAY proposed the following Amendment No. 160 (N05\7307BD.93), which was tabled:
Amend the Finance Committee Report, as and if amended, DIVISION IV, by adding an appropriately numbered SECTION to read:
TO AMEND SECTIONS 12-21-1020 AND 21-21-1030 OF THE 1976 CODE, RELATING TO THE TAX ON BEER AND WINE, SO AS TO INCREASE THE TAX.
A. Section 12-21-1020 of the 1976 Code is amended to read:
"Section 12-21-1020. There shall must be levied and collected on all beer offered for sale in containers of one gallon or more in this State a license tax of six-tenths nine hundred seventy-five thousandths cent per an ounce and on all wines offered for sale in this State a license tax of ninety cents per a gallon or fractional quantity thereof of that amount."
B. Section 12-21-1030 of the 1976 Code is amended to read:
"Section 12-21-1030. If beer be is offered for sale in bottles or cans, there shall must be levied and collected a tax of six-tenths cents per nine hundred seventy-five thousands cent an ounce or fractional quantity thereof, and of an ounce. On wines offered for sale in quantities of less than one gallon, there shall must be levied and collected a tax of six cents for each eight ounces or fractional quantity thereof, of that amount and on wine offered for sale in metric sizes a tax at the rate of twenty-five and thirty-five one hundredths cents per a liter."/
Renumber sections to conform.
Amend title to conform.
Senator MACAULAY explained the amendment.
Senator MACAULAY moved that the amendment be adopted.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Courson
Courtney Drummond Elliott
Giese Gregory Land
Lander Leatherman Matthews
McConnell McGill Mescher
Mitchell Passailaigue Patterson
Peeler Reese Richter
Rose Russell Setzler
Short Smith, G. Stilwell
Waldrep Washington Wilson
Ford Hayes Macaulay
Moore Smith, J.V.
Leventis Ryberg
The amendment was laid on the table.
Senator RUSSELL proposed the following Amendment No. 163 (DKA\4776SD.93), which was ruled out order:
Amend the report of the Committee on Finance, as and if amended, DIVISION IV, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO DELAY THE IMPLEMENTATION DATES OF CERTAIN DEPARTMENT OF SOCIAL SERVICES PRIVATE AND PUBLIC CHILD DAY CARE CENTER REGULATIONS CONTAINED IN DOCUMENT NO. 1494 WHICH WERE PUBLISHED AS FINAL REGULATIONS APRIL 23, 1993, IN VOLUME 17, ISSUE NO. 4 OF THE STATE REGISTER AND TO REQUIRE THE DEPARTMENT TO CLARIFY CERTAIN PROVISIONS, AND REPORT THIS TO THE SENATE MEDICAL AFFAIRS AND HOUSE MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS COMMITTEES.
A. (A) Notwithstanding the publication of Document No. 1494, Department of Social Services Private and Public Child Day Care Center Final Regulations, April 23, 1993, in Volume 17, Issue No. 4 of the State Register, the effective date of these provisions in those regulations is September 1, 1994:
(1) Regulation 114-500(A)(9) which reads:
"(9) Training. Participation during the calendar year, in workshops, conferences, educational or provider associations, formal schooling, in service training or planned learning opportunities provided by qualified professional child care consultants. Training must be in subject areas related to child care, child growth and development and/or early childhood education, nutrition, infection control/communicable disease management and causes, signs and treatment of child abuse or neglect and must include alternatives to corporal punishment. Training for directors may also be in areas related to supervision of day care staff or program administration."
(2) Regulation 114-502(B)(4) which reads:
"(4) In facilities licensed/approved after the effective date of these regulations, all caregivers shall have at least a high school diploma or General Educational Development Certificate (GED), and at least six months experience as a caregiver in a licensed/approved child day care facility. If caregivers do not meet experience requirements, they shall be directly supervised for six months by a staff person with at least one year experience as a caregiver in a licensed/approved child day care facility. Within six months, caregivers must have six clock hours of training in child growth and development/early childhood education, or shall continue to be under the direct supervision of a caregiver who has at least one year of experience as a caregiver in a licensed/approved child day care facility."
(3) Regulation 114-502(B)(5) which reads:
"(5) In facilities licensed/approved before the effective date of these regulations, caregivers shall comply with the qualifications listed in (4) above upon license/approval renewal after July 1, 1994."
(4) Regulation 114-503(C)(1) which reads:
"(1) The director shall provide at least thirty-five square feet of indoor play space per child, measured by Department staff from wall to wall. Department staff shall determine the total number of children to be cared for in each room by measuring and computing the rooms separately. Bathrooms, reception areas, isolation rooms, halls and space occupied by cupboards, shelves, furniture and equipment which are accessible to children for their use shall be allowable space. Kitchens, storage rooms and storage cabinets used solely for or by staff shall be excluded. Halls, although included in total indoor space, shall not be used for activities or storage of furniture and equipment."
(B) The Department of Social Services regulations addressing the matters contained in those regulations enumerated in subsection (A) that were in effect on April 22, 1993, are reinstated and remain in effect through August 31, 1994.
B. (A) Notwithstanding the publication of Document No. 1494, Department of Social Services Private and Public Child Day Care Center Final Regulations, April 23, 1993, in Volume 17, Issue No. 4 of the State Register, the effective date of these provisions is sixty days after this resolution's effective date for Regulation 114-501(C)(1)(h) which reads:
"(h) Criminal history background records check forms for the operator, director, staff, emergency person(s) and volunteer(s) (for facilities subject to licensure);".
(B) Within thirty days of this resolution's effective date the Department of Social Services shall clarify the frequency with which criminal history background records check forms must be updated pursuant to Regulation 114-501(C)(1)(h) and shall report this clarification to the Senate Medical Affairs Committee and the House Medical, Military, Public and Municipal Affairs Committee.
(C) Any Department of Social Services regulations pertaining to criminal history background records in effect April 22, 1993, are reinstated and remain in effect until sixty days after this resolution's effective date.
C. (A) Notwithstanding the publication of Document No. 1494, Department of Social Services Private and Public Day Care Center Final Regulations, April 23, 1993, in Volume 17, Issue No. 4 of the State Register, the implementation dates for Regulation 114-503(A) are delayed for one year so that with this delay Regulation 114-503 A. reads:
"A. Staffing and Supervision.
(1) Each center shall have a director or designated staff person acting in the director's role on the premises during all hours of operation.
(2) The number of children supervised by one child day care staff member at any one time shall not exceed the following ratios, taking into account the methods and conditions cited in (3) through (8) below:
09/01/94 09/01/95 09/01/96
Age of Children Staff:child Staff:child Staff:child
Birth to one year 1:7 1:6 1:6
One to two years 1:7 1:6 1:6
Two to three years 1:11 1:10 1:10
Three to four years 1:14 1:14 1:13
Four to five years 1:19 1:19 1:18
Five to six years 1:23 1:22 1:21
Six to twelve years 1:25 1:24 1:23
(3) Adequate supervision and ratios stated above shall be maintained at all times.
(4) In determining staff to child ratios, the following shall apply: (a) Volunteers may work under supervision with the children and shall be counted in the staff to child ratios if all staff requirements, with the exception of training requirements, are met in accordance with Department of Social Services Day Care Center Regulations, and actual hours with the children are documented;
(b) If the center serves drop-in children, the director shall provide sufficient staff to meet the minimum staff to child ratios necessary for the regular enrollment plus the number of drop-ins present at any one time;
(c) Service staff, such as cooks and janitors, may be counted in the staff to child ratios only during the time they are giving full attention to the direct supervision of the children. Service staff shall meet the same training requirements as caregivers.
(5) During overnight sleeping periods, the following shall apply:
(a) One staff person shall be awake and alert in each sleeping area at all times;
(b) At least two staff shall be on the premises at all times;
(c) The same staff to child ratios applied for naptime care shall apply for overnight care.
(6) The director shall present written evidence that a plan has been worked out whereby an additional outside person can be quickly summoned to assist in an emergency. This emergency person shall meet all staff requirements in accordance with Department of Social Services Day Care Center Regulations with the exception of training requirements.
(7) No center shall operate unless at least two staff persons are on the premises at all times when enrollment reaches nine or four or more children are younger than two years old:
(a) At least one person shall maintain supervision of the children at all times;
(b) A second person shall be immediately available.
(8) No center director or staff person shall be on duty with the children for more than twelve continuous hours on a regular basis.
(9) A child who has spent twelve or more hours in the child day care center shall not be also enrolled for overnight care, except in cases of special circumstances.
(10) Staff-to-child ratios shown below shall be maintained while children are utilizing swimming pools:
Age Staff-child ratios
Under 2 1/2 years One staff to one child
2 1/2 to five years One staff to four children
Five years and older One staff to six children
(11) A staff person included in staff to child ratios shall have current life saving certification and shall constantly supervise the swimming activity.
(12) During naptime, the following staff to child ratios shall be maintained:
Age of children Staff-child ratios
Birth to two years One staff to eight children
Two years to three years One staff to twelve children
Three years to four years One staff to fifteen children
Four years to five years One staff to twenty children
Five years and above One staff to twenty-five children
(13) A sufficient number of staff to meet staff to child ratios shall be awake in the napping room(s) at all times."
(B) The Department of Social Services regulations pertaining to child/staff ratios in effect on April 22, 1993, are reinstated and remain in effect until the effective dates provided for in this section./
Renumber sections to conform.
Amend totals and title to conform.
Senator RUSSELL explained the amendment.
Senator MOORE raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators MOORE, LEVENTIS, THOMAS and STILWELL spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator RICHTER proposed the following Amendment No. 169 (JIC\6059HC.93), which was adopted:
Amend the report of the Committee on Finance, as and if amended, Division IV, Permanent Provisions, by adding a new section to be appropriately numbered which shall read:
TO PROVIDE THAT FROM THE REVENUES OF THE PUBLIC RAILWAYS COMMISSION, THE SUM OF ONE AND ONE-HALF MILLION DOLLARS MUST BE TRANSMITTED BY THE COMMISSION TO THE STATE TREASURER FOR DEPOSIT IN THE GENERAL FUND OF THE STATE FOR FISCAL YEAR 1993-94 ONLY AND TO PROVIDE FOR THE USE OF THE REVENUE.
A. For fiscal year 1993-94 only and in addition to any other mandated transfers, from the revenues of the Public Railways Commission, the sum of one and one-half million dollars must be transmitted by the Commission to the State Treasurer for deposit in the general fund of the State. The revenue provided by this section must be used for the ETV transponder."
B. This section takes effect July 1, 1993./
Renumber sections to conform.
Amend totals and title to conform.
Senator RICHTER explained the amendment.
Senator RICHTER moved that the amendment be adopted.
The amendment was adopted.
Part A of Amendment No. 49B (436\11480AC.93), proposed by Senator SALEEBY and printed in the Journal of Thursday, May 20, 1993, and previously carried over, was taken up for immediate consideration.
At 5:50 A.M., Senator GREG SMITH assumed the Chair.
Senator MOORE asked unanimous consent, with Senator WILSON retaining the floor, to make a motion that Amendment No. 49B be withdrawn.
Senator WILSON objected.
Senator WILSON continued arguing contra to the adoption of Part A of Amendment No. 49B.
Having voted on the prevailing side, Senator COURTNEY asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 138 (3610R058.LER) proposed by Senator RICHTER was laid on the table.
Senator LEATHERMAN objected.
Senator WILSON continued arguing contra to the adoption of Amendment No. 49B.
At 6:02 A.M., the PRESIDENT assumed the Chair.
Senator COURTNEY asked unanimous consent to take up Amendment No. 182 for immediate consideration.
There was no objection.
Senator RICHTER proposed the following Amendment No. 182 (3610R097.LER), which was adopted:
Amend the Finance Committee Report, as and if amended, Division IV, by adding an appropriately numbered Section to read:
TO AMEND CHAPTER 15 OF TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-260 RELATING TO PROCEEDINGS AND FORFEITURE OF RECOGNIZANCES SO AS TO PROVIDE FOR THE DISTRIBUTION OF THE FUNDS COLLECTED.
A. The 1976 Code is amended by adding the following:
"Section 17-15-260. The funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the state, twenty-five percent to the Solicitor's Office in the county in which the estreatment is ordered, and fifty percent to the county general fund of the county in which the estreatment is ordered.
However, if the case in which an estreatment is ordered is originated by a municipality, the funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the state, twenty-five percent to the Solicitor's Office in the county in which the estreatment is ordered, and twenty-five percent to the county general fund of the county in which the estreatment is ordered and twenty-five percent to the municipality."
B. This Section takes effect July 1, 1993. /
Amend title to conform.
Senators COURTNEY and RICHTER explained the amendment.
The amendment was adopted.
Senator WILSON continued arguing contra to the adoption of Part A of Amendment No. 49B.
On motion of Senator DRUMMOND, with unanimous consent, with Senator WILSON retaining the floor, Amendment No. 49B was withdrawn.
Senator DRUMMOND asked unanimous consent to make a motion, with Senator WILSON retaining the floor, to adopt any technical and balancing amendments as drafted by the staff; adopt the amendment proposed by the Committee on Finance, as amended; and give the Bill a third reading.
There was no objection.
Senator DRUMMOND proposed the following Amendment No. 183A (3610R098.JD), which was adopted:
Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 2, line 16, by striking /(477,870) / and inserting therein /(282,870) /.
Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 2, line 36, by striking /(76,924) / and inserting therein /(21,924) /.
Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 2, line 40, by striking /(51,671,905) / and inserting therein /(51,836,905) /.
Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 3, line 22, by striking /4,231,336 / and inserting therein /5,231,336 /.
Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 3, line 23, by striking /(421,202) / and inserting therein /1,078,798 /.
Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 3, line 29, by striking /(183,743) / and inserting therein / 91,773 /.
Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 3, line 34, by striking /2,700,434 / and inserting therein /2,974,918 /.
Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 4, line 3, by striking /(3,708,360) / and inserting therein /(2,708,360) /.
Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 5, line 21, by striking /4,996,809 / and inserting therein /5,436,809 /.
Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 5, line 24, by striking /(25,870,253) / and inserting therein /(21,819,923) /.
Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 2, Proviso 28.22, page 17, line 8, by striking /$1,573 / and inserting therein /$1,580 /.
Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 2, Proviso 39.13, page 37, line 3, by striking /$501,069 / and inserting therein /$551,069 /.
Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3, Proviso 28.83, page 79, line 5, by striking /$1,000,000 / and inserting therein /$2,000,000 /.
Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3, Proviso 129.71, page 91, line 20, by striking item (4).
Amend the Senate Finance Committee Report, as and if amended DIVISION III, Section 3, Proviso 129.75, page 92, line 16, by adding / -Sect. 3J Jt. Leg. Comm -1.5 /.
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senators COURSON, WILSON, RYBERG and RUSSELL desired to be recorded as voting against the third reading of the Bill.
Senator DRUMMOND moved that when the Senate adjourns on Friday, May 21, 1993, it stand adjourned to meet next Tuesday, May 25, 1993, at 12:00 Noon, which motion was adopted.
At 6:07 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet next Tuesday, May 25, 1993, at 12:00 Noon.
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