Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words from St. Luke, Chapter 11 (v.1):

"One day Jesus was praying in a certain

place. When He finished, one of His

disciples said to Him, `Lord, teach us

to pray!'"
Let us pray.

Lord God of the universe, at creation's dawn You gave light and life to our world. You made man in Your own image. You daily cleanse the repentant soul with Your forgiving Spirit. You make our bodies temples wherein dwells the Spirit of the Living God. You teach us how to pray!

We remember that Jesus taught His disciples to pray first for Your glory: "Hallowed be Thy Name", "Thy Kingdom come", "Thy will be done."

Then, of the four petitions for man's good, three were for spiritual gifts, and one for material things, "Give us this day our daily bread."

So, may we live prayerfully today!

Amen.

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

April 19, 1994
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment (as 1st Congressional District member - has previously served as 6th Congressional District member), Member, State Athletic Commission, with term to commence June 30, 1994, and to expire June 30, 1998:

1st Congressional District:

Mr. Franklin Martin Stallings, 734 Charlotte Road, Myrtle Beach, S.C. 29577 VICE Michael Calder Bolchoz

Referred to the General Committee.

April 22, 1994
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, South Carolina Commission for the Blind, with term to commence May 19, 1994, and to expire May 19, 1998:

6th Congressional District:

Mr. Robert M. Harrelson, Post Office Box 4, Mullins, S.C. 29474 VICE Hugh C. Gaskin, III, M.D. (resigned)

Referred to the General Committee.

Initial Appointment, Member, South Carolina Board of Probation, Parole and Pardon Services, with term to commence March 15, 1993, and to expire March 15, 1999:

2nd Congressional District:

Mr. Charles L.A. Terreni, 3604 Coleman Street, Columbia, S.C. 29205 VICE J. Rhett Jackson

Referred to the Committee on Corrections and Penology.

April 28, 1994
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, South Carolina Commission for the Blind, with term to commence May 19, 1994, and to expire May 19, 1998:

4th Congressional District:

Mr. Donald K. League, 9 Winthrop Avenue, Greenville, S.C. 29607 VICE Samuel L. Zimmerman, Jr. (resigned)

Referred to the General Committee.

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

Document No. 1690
Promulgated by Public Service Commission
Recovery of Fuel Costs by Electrical Utilities
Received by Lt. Governor May 3, 1994
Referred to Senate Committee on Judiciary
120 day review expiration date April 9, 1995

Senator DRUMMOND introduced Dr. William M. Simpson, Jr. (Bill) of the Medical University of S.C., Charleston, S.C., Doctor of the Day.

On motion of Senator RICHTER, at 12:00 Noon, Senator GIESE was granted a leave of absence until tomorrow.

On motion of Senator DRUMMOND, at 12:00 Noon, Senator J. VERNE SMITH was granted a leave of absence for today.

On motion of Senator HAYES, at 12:00 Noon, Senator WALDREP was granted a leave of absence for today.

H. 4721 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 9-1-440, 9-1-1140, AND 9-1-1850, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE FROM FOUR TO SIX PERCENT OF EARNABLE COMPENSATION THE COST OF ESTABLISHING SERVICE WHEN THE MEMBER ORIGINALLY ELECTED NOT TO BE COVERED, TO INCREASE THE COST OF ESTABLISHING TIME FOR PREGNANCY LEAVE FROM EIGHT TO TWELVE PERCENT OF EARNABLE COMPENSATION, AND TO PROVIDE A SCHEDULE OF RATES FOR A MEMBER WITH AT LEAST TWENTY-FIVE YEARS SERVICE ESTABLISHING CREDIT FOR UP TO FIVE YEARS ADDITIONAL SERVICE; TO AMEND SECTIONS 9-11-50, AS AMENDED, 9-11-55, 9-11-210, AS AMENDED, AND 9-11-325, RELATING TO ESTABLISHING CREDIT FOR PRIOR SERVICE AND THE ACCOMPANYING CONTRIBUTION RATES FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE THE COST OF ESTABLISHING PREGNANCY LEAVE, FEDERAL CIVILIAN SERVICE, AND OTHER ESTABLISHABLE NEW POLICE SERVICE, FROM TEN TO TWELVE PERCENT OF EARNABLE COMPENSATION, INCREASE THE CONTRIBUTION RATE TO ESTABLISH PRIOR POLICE SERVICE FROM SIXTEEN TO TWENTY-ONE DOLLARS A MONTH FOR CLASS ONE SERVICE AND FROM FIVE TO SIX AND ONE-HALF PERCENT OF MONTHLY COMPENSATION, AND TO INCREASE THE COST OF ESTABLISHING OUT-OF-STATE SERVICE FROM TEN TO TWELVE PERCENT OF SALARY; AND TO REPEAL SECTION 9-11-65, RELATING TO AN OBSOLETE PURCHASE OF ADDITIONAL SERVICE CREDIT BY MEMBERS WITH AT LEAST TWENTY-FIVE YEARS SERVICE.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

The following were introduced:

S. 1397 -- Senator Mescher: A BILL TO AMEND CHAPTER 29, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR REGISTRATION OF TATTOO ARTISTS AND TATTOO PARLORS BY PROVIDING FOR DEFINITIONS, REGISTRATION AND RENEWAL REQUIREMENTS AND FEES, MINIMAL STANDARDS, TATTOOING AND STERILIZING PROCEDURES, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INSPECTIONS, REGISTRATION DENIAL, REVOCATION, OR SUSPENSION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-17-700, RELATING TO TATTOOING, SO AS TO CHANGE THE CRIMINAL OFFENSE PROHIBITING ALL TATTOOING TO ALLOW TATTOOING OF THOSE EIGHTEEN YEARS OF AGE OR OVER.

Read the first time and referred to the Committee on Medical Affairs.

S. 1398 -- Senator Setzler: A CONCURRENT RESOLUTION PROCLAIMING THE MONTH OF MAY AS "CERTIFIED INTERNAL AUDITOR MONTH".

Whereas, The Institute of Internal Auditors is an international professional association representing more than fifty thousand internal auditors in business, industry, government, and education in more than one hundred countries; and

Whereas, The Institute of Internal Auditors serves as the recognized authority on the internal auditing profession, provides comprehensive professional development activities and standards for the practice of internal auditing, and researches, disseminates, and promotes knowledge and information concerning internal auditing; and

Whereas, The Institute of Internal Auditors established the Certified Internal Auditor Program in December, 1972, to enhance the recognition of internal auditing and provide proper direction to internal auditors seeking to further their professional development and advancement; and

Whereas, more than twenty thousand Certified Internal Auditors have attained the attributes of a professional--a college education, internal auditing experience, continuing professional development, knowledge of the IIA's Standards for Professional Practice of Internal Auditing, and successful completion of the Certified Internal Auditor Examination; and

Whereas, Certified Internal Auditors are members of a recognized professional group who benefit from greater acceptance in the role as advisor to management; and

Whereas, over fifty members of the Palmetto Chapter of the Institute of Internal Auditors have received the CIA designation; and

Whereas, the institute is celebrating "Certified Internal Auditor Month" in May of this year. Now, therefore,

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

That the month of May is proclaimed as Certified Internal Auditor Month and citizens of this State are encouraged to join in congratulating and recognizing the more than twenty thousand Certified Internal Auditors who represent professionalism in the field of internal auditing.

Be it further resolved that a copy of this resolution be forwarded to Mr. Bill Ferguson, Internal Audit, South Carolina Department of Revenue and Taxation.

Referred to the Committee on Invitations.

S. 1399 -- Senator Mitchell: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO PROMPTLY ENACT LEGISLATION TO PROVIDE FOR MEDICAL CARE SAVINGS ACCOUNTS.

Whereas, thirty-seven million Americans are without health insurance and many more are under-insured because of the effects of rising health care costs. The costs of health care are escalating by as much as seventeen percent each year. This has forced employers to trim the level and availability of health care benefits to their employees; and

Whereas, polling of citizens shows that a substantial majority feel that affordable health care is the number one economic issue facing them; and

Whereas, over-utilization of medical services for relatively small claims is one of the most significant causes of health care cost increases. More than two-thirds of all insurance claims for medical spending are less than three thousand dollars each year for families in this country; and

Whereas, the concept of medical savings accounts has developed in response to the runaway cost increases of health care in this country. This initiative is designed to bring market forces to bear on health care and its financing. It is predicated on providing incentives to eliminate unnecessary medical treatment and encourage competition in seeking health care; and

Whereas, through employer-funded medical care savings and reduced cost catastrophic insurance policies, millions of Americans could insure themselves for both routine and major medical services. Under the concept of medical care savings accounts, an employer making annual premium payments of four thousand five hundred dollars per employee each year, the national average, would invest three thousand into a medical care bank account for each employee. From this amount, the employee would pay the first three thousand dollars of medical expenses. The remaining one thousand five hundred dollars of the employer's contribution would go toward the purchase of a group policy to cover catastrophic medical costs up to a specified limit. Any of the three thousand dollars not used to pay incurred medical bills belongs to the employee. This would be a strong incentive for people not to abuse health expenditures, and this concept also makes it more feasible for low income workers to seek preventive care and early intervention which they might otherwise be forced to forego due to high deductibles in traditional policies; and

Whereas, by making medical care decisions the employee's prerogative, individuals have a strong stake in reducing costs. This simple financial mechanism also will expand health insurance options to others who presently have no insurance. Most importantly, this move to decrease health care cost burdens in this country would require no new federal bureaucracy and would be revenue neutral to employers. Now, therefore,

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

That the members of the General Assembly of South Carolina hereby memorialize the Congress of the United States to promptly enact legislation to enable Americans to establish medical care savings accounts.

Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of the South Carolina Congressional Delegation.

Referred to the Committee on Medical Affairs.

S. 1400 -- Senator Mitchell: A CONCURRENT RESOLUTION TO RECOGNIZE GREENVILLE TRANSIT AUTHORITY AS THE "OUTSTANDING PUBLIC TRANSIT SYSTEM" IN THE STATE OF SOUTH CAROLINA FOR 1994.

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

H. 5184 -- Rep. Scott: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. JAMES (BIG DADDY) KENNEDY, SR. OF RICHLAND COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 5185 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MS. CARTER NEWMAN OF ANDERSON COUNTY ON BEING SELECTED TO RECEIVE THE 1994 CAROLINIANA AWARD AT THE UNIVERSITY OF SOUTH CAROLINA IN COLUMBIA.

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

H. 5186 -- Reps. P. Harris, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION COMMENDING DR. JAMES R. MORRIS, JR. OF COLUMBIA FOR HIS OUTSTANDING LEADERSHIP AND WORK AS EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.

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

H. 5190 -- Reps. Williams, Wofford, Law, H. Brown, Harrison and J. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE THE MACEDONIA HIGH SCHOOL BOYS BASKETBALL TEAM FOR WINNING THE 1993-94 CLASS AA STATE CHAMPIONSHIP.

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

H. 3491 -- Reps. Neilson, Quinn, Govan, Cobb-Hunter, G. Brown, Sturkie, Hutson, Holt, Harwell, Richardson, McLeod, Hines, Breeland, Canty, Shissias, Davenport, Fair, Trotter, Harrell, Chamblee, McMahand, Allison, Vaughn, Wright, Inabinett, Gonzales, Harrison, Corning, Lanford, Walker, Meacham, D. Wilder and Stone: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 10 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.

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

H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.

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

H. 4429 -- Rep. McElveen: A BILL TO AMEND SECTION 23-35-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF REGULATIONS REGARDING FIREWORKS BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE THAT THE FIRE CHIEF OR HEAD OF FIRE SERVICES OF ANY COUNTY OR MUNICIPALITY TEMPORARILY MAY BAN THE USE OF FIREWORKS IN THAT JURISDICTION IF OTHERWISE PERMITTED WHEN WEATHER CONDITIONS OR OTHER CONDITIONS REQUIRE, TO PROVIDE THAT THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY MUST CONFIRM THE TEMPORARY BAN AT ITS NEXT REGULARLY SCHEDULED MEETING BY EMERGENCY ORDINANCE OR TERMINATE THE BAN, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE EMERGENCY ORDINANCE.

Read the first time and referred to the General Committee.

H. 4756 -- Reps. Waites, Inabinett, Moody-Lawrence, Graham, Whipper, Waldrop, Neilson, Scott, Snow, Shissias, Harrelson, Breeland, Govan, Neal, Corning, Rudnick, Rogers, Thomas, Riser and T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 32 SO AS TO ENACT THE "SAFE CREMATION ACT" AND TO PROVIDE FOR THE AUTHORIZATION OF, THE PROCEDURES FOR, AND REGULATION OF CREMATION; BY ADDING SECTION 17-5-305 SO AS TO REQUIRE THAT THE REMAINS OF AN UNIDENTIFIED DEAD PERSON MAY NOT BE CREMATED BUT MUST BE BURIED; TO AMEND SECTION 17-5-310, RELATING TO CREMATION PERMITS, SO AS TO PROVIDE THAT A CORONER MAY ISSUE SUCH PERMIT; AND TO AMEND SECTION 17-5-320, RELATING TO REPORTING THE ABSENCE OF AN INVESTIGATION OF VIOLENT OR SUSPICIOUS DEATHS, SO AS TO PROVIDE THAT THE REPORT MAY BE MADE TO A CORONER.

Read the first time and referred to the General Committee.

H. 4804 -- Reps. Shissias, Cromer, Cobb-Hunter, Mattos, Inabinett, McElveen, Wells, Neal, Hutson, Wofford and Govan: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES UNDER ITS APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AND DISTRIBUTE MATERIALS AND PROCEDURES TO HOSPITALS FOR USE IN OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS ON NEWBORNS, AND TO AMEND SECTION 44-7-320, AS AMENDED, RELATING TO GROUNDS FOR DENYING, REVOKING, OR SUSPENDING HOSPITAL LICENSES, SO AS TO PROVIDE AS AN ADDITIONAL GROUND THE FAILURE TO COMPLY WITH PROCEDURES FOR OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS.

Read the first time and referred to the General Committee.

H. 4835 -- Reps. McElveen, Cobb-Hunter, Cromer, Neal, Govan, Shissias, Inabinett, Waldrop, Boan, Wells, Mattos and Hodges: A JOINT RESOLUTION TO ENACT THE SOUTH CAROLINA SELF-SUFFICIENCY AND PARENTAL RESPONSIBILITY ACT OF 1994 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO EXPAND THE DEPARTMENT OF SOCIAL SERVICES WORK SUPPORT PROGRAM STATEWIDE; TO REVISE THE REQUIREMENTS FOR PARTICIPATION IN THE WORK SUPPORT PROGRAM; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR FEDERAL WAIVERS FOR A TRANSITION TO EMPLOYMENT PROGRAM, REMOVAL OF THE AUTOMOBILE RESOURCE VALUE LIMIT, A SELF-SUFFICIENCY PILOT PROJECT, AND ELIMINATION OF THE PARENTAL DEPRIVATION RULE; TO REQUIRE MANDATORY PARTICIPATION IN THE WORK SUPPORT PROGRAM BY NONCUSTODIAL UNEMPLOYED PARENTS; TO EXPAND THE DEPARTMENT OF SOCIAL SERVICES TEEN COMPANION PROGRAM; TO PROVIDE PARENTING AND DAILY LIVING SKILLS AS PART OF THE WORK SUPPORT PROGRAM; TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONTINUE EXPANSION OF FAMILY PLANNING SERVICES INCLUDING A FEDERAL WAIVER EXTENDING MEDICAID FAMILY PLANNING ELIGIBILITY FOR TWO YEARS AFTER CHILDBIRTH AND TO RECOMMEND A FIVE-YEAR FUNDING PHASE-IN FOR THESE SERVICES.

Read the first time and referred to the General Committee.

H. 4837 -- Reps. McElveen, Cobb-Hunter, Cromer, Neal, Govan, Shissias, Inabinett, Wells, Mattos, Boan, Hodges and Waldrop: A JOINT RESOLUTION TO ENACT THE SOUTH CAROLINA WELFARE AND ADMINISTRATIVE REFORM ACT OF 1994 SO AS TO ESTABLISH STATE WELFARE POLICY; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY TO THE FEDERAL GOVERNMENT FOR AID TO FAMILIES WITH DEPENDENT CHILDREN, FOOD STAMP, AND MEDICAID PROGRAM WAIVERS TO ALLOW THE IMPOSITION OF SANCTIONS FOR CLIENT NONCOMPLIANCE AND TO REVISE INCOME DISREGARDS FOR PURPOSES OF ELIGIBILITY; TO DIRECT THE STATE HOUSING FINANCE DEVELOPMENT AUTHORITY TO APPLY FOR A FEDERAL PILOT PROJECT WAIVER PLACING A CEILING ON RENT IN PUBLIC HOUSING; AND TO PROMOTE AND ENCOURAGE A STATEWIDE NETWORK OF MASS TRANSIT SYSTEMS; TO INITIATE STRATEGIES DIRECTED AT PREVENTIVE HEALTH SERVICES INCLUDING INCREASING PHYSICIAN PARTICIPATION IN MEDICAID, TEENAGE PREGNANCY PREVENTION, PRENATAL CARE, CHILDHOOD IMMUNIZATIONS, ACCESS TO CLINIC SERVICES, SCHOOL NURSES, AND SUBSTANCE ABUSE INTERVENTION AND INTERAGENCY COLLABORATION; TO PROVIDE EDUCATION INITIATIVES INCLUDING COMPULSORY SCHOOL ATTENDANCE THROUGH AGE EIGHTEEN FOR AFDC RECIPIENTS AND A REVIEW OF COMPULSORY SCHOOL ATTENDANCE GENERALLY, DESIGNING ADULT EDUCATION AND TECHNICAL PROGRAMS TO TARGET AFDC RECIPIENTS AND AT-RISK YOUTH, DEVELOPING A PROGRAM TO PROMOTE STATE AGENCY HIRING OF AFDC RECIPIENTS; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO REVISE, REVIEW, AND DEVELOP ADMINISTRATIVE PROCEDURES INCLUDING SIMPLIFICATION OF PUBLIC ASSISTANCE FORMS, STATEWIDE IMPLEMENTATION OF THE IN-HOSPITAL MEDICAID ELIGIBILITY WORKER PROGRAM, PROCUREMENT PROCEDURES, ENHANCED UTILIZATION OF COMPUTER TECHNOLOGY, AND CHILD DAY CARE VOUCHER PROCEDURES AND ACCESS TO DAY CARE SERVICES.

Read the first time and referred to the General Committee.

H. 4857 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED; AND BY AMENDING SECTION 37-11-50, RELATING TO ELIGIBILITY FOR LICENSURE, SO AS TO PROVIDE THAT ONLY THOSE CONTINUING CARE RETIREMENT COMMUNITIES WHICH REQUIRE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE MUST OBTAIN A LICENSE RATHER THAN ALL CONTINUING CARE RETIREMENT COMMUNITIES.

Read the first time and referred to the Committee on Banking and Insurance.

H. 4864 -- Rep. Richardson: A BILL TO AMEND SECTION 59-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OR DIVISION OF SCHOOL DISTRICTS, SO AS TO PROVIDE THAT IF CERTAIN PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS CONCERNED IN THE MANNER STIPULATED IN THE PETITION, AND TO PROVIDE THAT IF CERTAIN OTHER PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO CALL THE REFERENDUMS CONCERNING THE ALTERATION OR DIVISION OF THE AFFECTED SCHOOL DISTRICTS, AND IF THE RESULTS OF THE REFERENDUMS ARE FAVORABLE IN EACH OF THE SCHOOL DISTRICTS, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS IN THE MANNER STIPULATED.

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

H. 5037 -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 40, THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES ACT, SO AS TO CREATE THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES AUTHORITY AND PROVIDE FOR ITS POWERS AND DUTIES; TO PROVIDE FOR A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO LOCAL GOVERNMENTS TO FINANCE ENVIRONMENTAL FACILITIES AND OTHER INFRASTRUCTURE PROJECTS, TO AUTHORIZE THE AUTHORITY TO ISSUE REVENUE BONDS AND TO PROVIDE FOR THE METHOD OF ISSUING AND SECURING THE BONDS AND THE PAYMENT OF THE BONDS, TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, STATE APPROPRIATIONS AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE REVOLVING FUND, AND TO AUTHORIZE LENDING TO AND BORROWING BY LOCAL GOVERNMENTS THROUGH THE REVOLVING FUND; TO AMEND SECTION 11-37-60, RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY, SO AS TO ALLOW IT TO ISSUE BONDS AND FOR THE PURPOSE OF REFUNDING BONDS ISSUED BEFORE DECEMBER 31, 1992, AND TO REDUCE FROM TWO HUNDRED MILLION TO SIXTY MILLION DOLLARS THE TOTAL PRINCIPAL AMOUNT OF BONDS AUTHORIZED; AND TO REPEAL SECTION 11-37-70 RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY.

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

H. 5058 -- Judiciary Committee: A BILL TO ENACT THE SCHOOL SAFETY AND JUVENILE JUSTICE REFORM ACT OF 1994 INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DIRECTING THE DEPARTMENT OF JUVENILE JUSTICE TO DEVELOP A LONG-TERM PLAN FOR THE PROVISION OF SERVICES TO JUVENILE OFFENDERS; TO ADD SECTION 20-7-753 SO AS TO AUTHORIZE THE FAMILY COURT TO DESIGNATE A LEAD STATE AGENCY TO CONDUCT A FAMILY ASSESSMENT AND RECOMMEND A SERVICE PLAN FOR FAMILIES WHEN A CHILD IS BROUGHT BEFORE THE FAMILY COURT IN A JUVENILE DELINQUENCY PROCEEDING; TO REQUIRE THE COURT TO REVIEW THE ASSESSMENT AND ADOPT A PLAN THAT WILL SERVE THE BEST INTERESTS OF THE CHILD; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARENTS OF A CHILD BROUGHT BEFORE THE COURT ON A DELINQUENCY MATTER TO COOPERATE WITH AND PARTICIPATE IN A PLAN ADOPTED BY THE COURT TO SERVE THE BEST INTERESTS OF THE CHILD; TO AMEND SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO PROVIDE EDUCATIONAL SERVICES TO PREADJUDICATORY JUVENILES IN ITS CUSTODY; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE FINE FROM ONE THOUSAND DOLLARS TO THREE THOUSAND DOLLARS FOR A VIOLATION; TO AMEND SECTION 20-7-390, RELATING TO THE DEFINITION OF "CHILD", SO AS TO REVISE THIS DEFINITION WITH REGARD TO CERTAIN CRIMES; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION OF JUVENILES FROM ONE COURT TO ANOTHER SO AS TO REVISE THE REQUIREMENTS FOR TRANSFERRING JURISDICTION; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO DETENTION AND CUSTODY OF A CHILD FOUND VIOLATING THE LAW, SO AS TO PROVIDE THAT A CHILD IN POSSESSION OF A DEADLY WEAPON MAY BE DETAINED IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE FOR RELEASE FROM DETENTION; TO AMEND SECTION 20-7-1330, AS AMENDED, RELATING TO DISPOSITION OF A CHILD BEFORE THE COURT ON A DELINQUENCY MATTER, SO AS TO AUTHORIZE THE COURT TO ORDER A DETERMINATE SENTENCE FOR A JUVENILE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 24-19-10, RELATING TO DEFINITIONS PERTAINING TO THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDER; TO AMEND SECTION 59-63-32, RELATING TO REQUIREMENTS FOR ENROLLING A CHILD IN PUBLIC SCHOOL, SO AS TO PROVIDE FOR THE TRANSFER OF RECORDS IF A CHILD HAS PREVIOUSLY ATTENDED ANOTHER SCHOOL; TO AMEND SECTION 59-63-210, RELATING TO GROUNDS FOR EXPULSION AND SUSPENSION OF PUPILS, SO AS TO REQUIRE EXPULSION FROM SCHOOL IF THE PUPIL IS CONVICTED OF COMMITTING CERTAIN CRIMES; TO AMEND TITLE 59, RELATING TO EDUCATION, SO AS TO ADD CHAPTER 66 "SCHOOL SAFETY" WHICH REQUIRES SCHOOLS TO RETAIN DISCIPLINARY RECORDS AND PROVIDES FOR THE USE OF THESE RECORDS; ESTABLISHES FUNDS FOR SCHOOL SAFETY COORDINATORS AND PROCEDURES FOR APPLYING FOR AND DISTRIBUTING THESE FUNDS; REQUIRES ONE HANDHELD METAL DETECTOR IN EACH MIDDLE, JUNIOR HIGH, AND HIGH SCHOOL; REQUIRES PROMULGATION OF REGULATIONS ESTABLISHING MINIMUM REQUIREMENTS FOR PLANNING AND CONSTRUCTING SCHOOL FACILITIES; REQUIRES ESTABLISHMENT OF A CURRICULUM FOR TEACHING PEACEFUL CONFLICT RESOLUTION AND NONVIOLENT LIVING; REQUIRES DEVELOPMENT AND PILOT TESTING OF ALTERNATIVE EDUCATIONAL PROGRAMS FOR STUDENTS WHO ARE A THREAT TO SCHOOL SAFETY; REQUIRES EACH SCHOOL TO DEVELOP AND HAVE APPROVED A COMPREHENSIVE SCHOOL SAFETY PLAN; ESTABLISHES A SCHOOLHOUSE SAFETY RESOURCE CENTER WITHIN THE DEPARTMENT OF EDUCATION; ESTABLISHES A JOINT PILOT PROJECT FOR SCHOOL BASED COUNSELING BY THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF EDUCATION; TO ADD SECTION 59-17-130 SO AS TO DIRECT SCHOOL DISTRICTS TO ENCOURAGE PARENTS TO BECOME INVOLVED IN THEIR CHILDREN'S EDUCATION INCLUDING OFFERING SERVICES AND REFERRALS TO FAMILIES AND CHILDREN IN NEED OF ASSISTANCE; TO ADD SECTION 59-26-90 SO AS TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE REGULATIONS PROVIDING THAT THE PRIMARY RESPONSIBILITY OF GUIDANCE COUNSELORS IS TO COUNSEL STUDENTS AND WORK WITH PARENTS AND TEACHERS; TO AMEND SECTION 20-7-20, RELATING TO THE STATE CHILDREN'S POLICY, SO AS TO PROVIDE THAT PROVIDING AN EDUCATION IS OF PARAMOUNT INTEREST AND THAT OFFICIALS SHALL DO EVERYTHING WITHIN THEIR AUTHORITY TO CARRY OUT SCHOOL ATTENDANCE LAWS AND PREVENT NONATTENDANCE; TO ADD SECTION 20-7-1352 SO AS TO REQUIRE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS AN INTEGRAL PART OF ALL PROBATION ORDERS; TO ADD SECTION 20-7-1353 SO AS TO REQUIRE PROBATION AND PAROLE COUNSELORS TO ASSIST IN REENROLLMENT OF CHILDREN RELEASED FROM CONFINEMENT AND TO REPORT ANY SCHOOL'S REFUSAL TO ENROLL A CHILD; TO ADD SECTION 59-65-55 SO AS TO PROVIDE THAT IF A STUDENT TRANSFERS TO ANOTHER SCHOOL DISTRICT, THE RECORDS AND PLANS FOR THAT STUDENT REGARDING TRUANCY BEHAVIOR ALSO MUST BE FORWARDED TO THE RECEIVING SCHOOL DISTRICT; TO AMEND SECTION 59-65-20, RELATING TO THE PENALTY FOR FAILURE TO ENROLL OR CAUSE A CHILD TO ATTEND SCHOOL, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR REPORTING AND PROSECUTING VIOLATIONS OF THIS SECTION; TO AMEND SECTION 59-65-50, RELATING TO THE NONATTENDANCE AT SCHOOL REPORTED TO THE COURTS AND THE SOLICITOR HAVING JURISDICTION OF JUVENILES, SO AS TO REVISE THE MANNER IN WHICH, CONDITIONS UNDER WHICH, AND PROCEDURES UNDER WHICH THESE REPORTS ARE MADE; TO AMEND SECTION 59-65-60, RELATING TO COURT PROCEDURES UPON RECEIPT OF REPORTS OF NONATTENDANCE AT SCHOOL, SO AS TO REVISE THESE PROCEDURES AND THE ACTION NEEDED TO BE TAKEN IN REGARD TO THE CHILD; AND TO PROVIDE THAT CERTAIN PROVISIONS DO NOT EFFECT THE EXCEPTIONS TO COMPULSORY SCHOOL ATTENDANCE LAWS AND HOME-SCHOOLING PROGRAMS; TO ADD SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO ORDER PARENTS OF CHILDREN IN NEED OF SERVICES TO PREVENT VIOLENT BEHAVIOR TO APPEAR, TO ORDER FAMILY ASSESSMENT AND TREATMENT, AND TO HOLD A PARENT IN CONTEMPT FOR FAILURE TO COMPLY WITH A COURT ORDER; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO DETENTION, CUSTODY, AND RECORDS OF A CHILD FOUND VIOLATING THE LAW, SO AS TO REVISE WHAT RECORDS ARE OPEN TO THE PUBLIC, AND TO REQUIRE A LAW ENFORCEMENT OFFICER TAKING A CHILD INTO CUSTODY TO NOTIFY THE PRINCIPAL OF THE SCHOOL OF THE NATURE OF THE OFFENSE; TO AMEND SECTION 20-7-770, AS AMENDED, RELATING TO RELEASE OF A JUVENILE'S RECORD, SO AS TO INCLUDE ADDITIONAL OFFENSE FOR WHICH RECORDS MAY BE RELEASED AND TO DIRECT THE DEPARTMENT OF JUVENILE JUSTICE TO MAINTAIN JUVENILE RECORDS FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 20-7-780, RELATING TO RECORDS, FINGERPRINTING, AND PHOTOGRAPHS OF JUVENILES, SO AS TO FURTHER PROVIDE UNDER WHAT CIRCUMSTANCES RECORDS ARE OPEN TO THE PUBLIC, THE IDENTITY OR PICTURE OF A CHILD MAY BE PUBLISHED BY THE MEDIA, FINGERPRINTS MAY BE TAKEN, AND RECORDS MAY BE TRANSFERRED TO OTHER LAW ENFORCEMENT AGENCIES; TO AMEND SECTION 20-7-1335, RELATING TO DESTRUCTION OF JUVENILE RECORDS, SO AS TO INCLUDE ADDITIONAL CIRCUMSTANCES UNDER WHICH A JUVENILE'S ADJUDICATION MAY NOT BE EXPUNGED; TO AMEND SECTION 20-7-3300, AS AMENDED, RELATING TO JUVENILE'S RECORDS, SO AS TO PROVIDE CERTAIN CIRCUMSTANCES UNDER WHICH A JUVENILE'S RECORD IS PROVIDED TO A SCHOOL; AND TO PROVIDE THAT REFERENCES TO VIOLENT CRIMES ARE AS DEFINED ON THIS ACT'S EFFECTIVE DATE OR AS THE DEFINITION MAY BE AMENDED.

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

Senator COURSON from the Committee on Invitations polled out H. 5164 favorable:

H. 5164 -- Rep. T.C. Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE THE WEEK OF MAY 1-7, 1994, AS "ASSOCIATION WEEK", AS PROCLAIMED BY THE GOVERNOR, HONORING THE NONPROFIT NATIONAL, REGIONAL, STATE, AND LOCAL TRADE ASSOCIATIONS, PROFESSIONAL SOCIETIES, AND COMMUNITY SERVICE ORGANIZATIONS IN SOUTH CAROLINA.

Courson Peeler Wilson
Matthews Patterson Stilwell
O'Dell Passailaigue

Thomas Russell

Ordered for consideration tomorrow.

H. 4967 -- Reps. Carnell, McAbee and Klauber: A BILL TO AMEND ACT 546 OF 1982, RELATING IN PART TO THE MANNER OF ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE TRUSTEES SHALL BE ELECTED INCLUDING THE ESTABLISHMENT OF NINE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES SHALL BE ELECTED BEGINNING IN 1994, AND TO PROVIDE THAT BEGINNING IN 1994, ELECTIONS FOR THESE TRUSTEES SHALL BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.

The House returned the Bill with amendments.

On motion of Senator DRUMMOND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

S. 1118 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF PRACTICE OF PSYCHOLOGY, SO AS TO DELETE THE REQUIREMENT THAT A CLIENT RECEIVING EXTENDED PSYCHOTHERAPY MUST BE REFERRED TO A PHYSICIAN FOR EXAMINATION; TO AMEND SECTION 40-55-80, RELATING TO LICENSURE, SO AS TO REQUIRE AN APPLICANT TO PROVIDE REFERENCES AND THAT THE BOARD MAY NOT REQUEST MORE THAN THREE REFERENCES AND TO FURTHER REQUIRE AN APPLICANT TO HAVE COMPLETED TWO YEARS OF SUPERVISED EXPERIENCE; TO AMEND SECTION 40-55-130, RELATING TO COMPLAINTS, SO AS TO DELETE THE REQUIREMENT THAT A COMPLAINT MUST BE SUBMITTED BY AFFIDAVIT AND TO REVISE NOTICE PROCEDURES; TO AMEND SECTION 40-55-150, RELATING TO DISCIPLINARY GROUNDS, SO AS TO DELETE GROUNDS RELATING TO SOLICITATION; TO AMEND SECTION 40-55-170, RELATING TO VIOLATIONS, SO AS TO AUTHORIZE THE BOARD TO BRING ACTIONS FOR INJUNCTIONS AND TO REQUIRE THE ATTORNEY GENERAL TO ASSIST WITH PROCEEDINGS BROUGHT UNDER THIS CHAPTER; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN PSYCHOLOGY FOR SIX YEARS.

The House returned the Bill with amendments.

On motion of Senator BRYAN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

S. 1392 -- Senator Giese: A CONCURRENT RESOLUTION TO DESIGNATE AUGUST 13, 1994, AS "NATIONAL FEDERATION OF THE BLIND OF SOUTH CAROLINA DAY."

Returned with concurrence.

Received as information.

S. 914 -- Senator Courtney: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY TESTING OF CERTAIN CONVICTED SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV), SO AS TO PROVIDE THAT THE SOLICITOR SHALL ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF CERTAIN SEX OFFENSES, AND TO PROVIDE FURTHER THAT UPON THE SOLICITOR'S REQUEST OR UPON THE COURT'S OWN MOTION, THE COURT MAY ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF A CRIMINAL OFFENSE.

The House returned the Bill with amendments.

Senator COURTNEY proposed the following amendment (JUD914.001), which was adopted:

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

/SECTION 1. Section 16-3-740 of the 1976 Code, as added by Act 490 of 1988, is amended to read:

"Section 16-3-740. Within fifteen days of the conviction of any a person or adjudication of a juvenile under state law for a crime involving sexual battery as defined in Section 16-3-651 or sexual conduct as defined in Section 16-3-800, if the conduct results in the exposure of the victim to blood or vaginal or seminal fluids of the convicted offender, the solicitor shall require make a motion, and the court shall order that the convicted offender or adjudicated juvenile offender be tested for Hepatitis B and all sexually transmitted diseases, including Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS).

(B) Within fifteen days of the conviction of any person or adjudication of a juvenile under state law for a criminal offense, other than those offenses provided for in Section 16-15-255, where the victim has been exposed to blood or vaginal, seminal, or other body fluids of the convicted offender, upon motion of the solicitor or upon the court's own motion, the court may order that the convicted offender be tested for Hepatitis B and all sexually transmitted diseases, including Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS).

(C) The test tests must be administered by the local public health authority or the medical professional at the prison or juvenile detention center where the convicted offender or adjudicated juvenile offender is imprisoned or detained. The results of the test tests must be reported to the South Carolina Department of Health and Environmental Control and to the solicitor who ordered the test tests. The solicitor shall notify the victim, or the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated and the convicted sexual offender, or adjudicated juvenile offender and the juvenile offender's parent or guardian of the tests results. The solicitor also shall provide to the Department of Corrections or Department of Juvenile Justice the test results for Hepatitis B and other sexually transmitted diseases which indicate that the offender or adjudicated juvenile is infected with the disease and the results of a Human Immunodeficiency Virus test which indicate that the convicted offender or adjudicated juvenile offender is infected with the Human Immunodeficiency Virus. The Department of Corrections or Department of Juvenile Justice shall use this information solely for the purpose of providing medical treatment to the convicted offender or adjudicated juvenile offender while incarcerated in a state penitentiary or correctional institution, county jail, or juvenile detention center. The convicted offender or adjudicated juvenile offender shall pay for the test tests unless he the offender is indigent, in which case the cost of the test tests must be paid by the State. If the tests given pursuant to this section indicate exposure to a sexually transmitted disease, Hepatitis B, or if the Human Immunodeficiency Virus test indicates exposure to Acquired Immunodeficiency Syndrome (AIDS) or to the Human Immunodeficiency Virus, the Department of Health and Environmental Control shall provide counseling to the victim and the convicted offender or adjudicated juvenile offender regarding the disease, syndrome, or virus, testing for the victim at the victim's request, and referral for appropriate health care and support services."

SECTION 2. Section 16-15-255 of the 1976 Code, as added by Act 490 of 1988, is amended to read:

"Section 16-15-255. Upon the conviction of any a person or adjudication of a juvenile under state law for a violation of Section 16-15-90, 16-15-100, 16-15-120, or 16-15-140, if the violation results in the exposure of the victim to blood or vaginal or seminal fluids of the convicted offender, the solicitor shall make a motion, and the court shall order that the convicted offender or adjudicated juvenile offender must be tested for Hepatitis B and all sexually transmitted diseases, including Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS). The test tests must be administered by the local public health authority or the medical professional at the prison or juvenile detention center if the convicted offender or adjudicated juvenile offender is imprisoned or detained. The results of the test tests must be reported to the South Carolina Department of Health and Environmental Control, and to the solicitor. The solicitor shall notify the convicted offender, or adjudicated juvenile offender and the juvenile's parent or guardian and to any person who may have been exposed as a direct result of the act leading to the conviction or adjudication and the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated. The solicitor also shall provide to the Department of Corrections or Department of Juvenile Justice the test results of a Human Immunodeficiency Virus test conducted pursuant to this section which indicates that the convicted offender or adjudicated juvenile offender is infected with the Human Immunodeficiency Virus, test results for other sexually transmitted diseases, and tests results for Hepatitis B. The Department of Corrections or Department of Juvenile Justice shall use this information solely for the purpose of providing medical treatment to the convicted offender or adjudicated juvenile offender while incarcerated in a state penitentiary or correctional institution, county jail, or juvenile detention center. The convicted offender or adjudicated juvenile offender shall pay for the test tests unless he the offender is indigent, in which case the cost of the test tests must be paid by the State. If the testing indicates exposure to the disease tested for or if the Human Immunodeficiency Virus test indicates exposure to Acquired Immunodeficiency Syndrome (AIDS) or to the Human Immunodeficiency Virus, the Department of Health and Environmental Control shall provide counseling to the victim and the convicted offender or adjudicated juvenile offender regarding the disease, syndrome, or virus, testing for the victim at the victim's request, and referral for appropriate health care and support services."

SECTION 3. This act takes effect upon approval by the Governor./.

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was amended, returned to the House with amendments.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4480 -- Reps. Snow, Inabinett and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-515 SO AS TO PROVIDE REQUIREMENTS PERTAINING TO SHARKS.

H. 4347 -- Reps. Neilson, Corning and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1555 SO AS TO ABOLISH THE "TENDER YEARS DOCTRINE" REGARDING THE PREFERENCE FOR AWARDING CUSTODY TO A MOTHER OF A CHILD OF TENDER YEARS.

H. 4749 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO LIABILITY INSURANCE FOR MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1700, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4811 -- Rep. G. Bailey: A BILL TO AMEND SECTION 61-3-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF NONALCOHOLIC ITEMS INSTEAD OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS AND TO REQUIRE THE PACKAGING AT THE ALCOHOLIC LIQUOR PRODUCER'S PLACE OF BUSINESS.

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

Senators RANKIN, GREG SMITH and ELLIOTT proposed the following amendment (4811R001.LAR), which was adopted:

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

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

"Section 61-5-185. Permits authorized by Section 61-5-180 must be issued to bona fide nonprofit organizations and business establishments licensed 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, and in any land area between the intracoastal waterway and the Atlantic Ocean located in a county contiguous to such county, upon application and payment of the filing and permit fees.

Permits authorized by this section may be issued only in the unincorporated area of a county where a majority of the qualified electors of that area vote in a referendum in favor of the issuance of the permits. The petition must clearly identify the area of the county for which the referendum is sought. The county election commission shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the area for which the authorization to issue permits is sought. The county election commission shall review and certify that the requisite number of signatures have been obtained within a reasonable period of time after receipt not to exceed thirty days and the referendum must be held not less than thirty nor more than forty days after such certification. The election commission shall cause a notice to be published in a newspaper circulated in the area of the county for which authorization to issue a permit is sought at least seven days before the referendum. The state election laws shall apply to the referendum mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the Alcoholic Beverage Control Commission. The question on the ballot shall read substantially as follows: "Shall the Alcoholic Beverage Control Commission be authorized to issue temporary permits in the (portion of the unincorporated area of the county) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?"

A referendum for this purpose for a given county area may not be held more often than once in forty-eight months. However, nothing in this section shall be construed to affect a referendum held pursuant to Section 61-5-180.

The expenses of any such referendum must be paid by the county or municipality conducting the referendum."/

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

/SECTION . If any provision or clause of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable./

Amend title to conform.

Senator GREG SMITH explained the amendment.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

S. 1289 -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT SEPARATION, FOR PURPOSES OF WHEN A HUSBAND AND WIFE HAVE LIVED SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR, MAY BE VOLUNTARY OR INVOLUNTARY.

Senator MARTIN asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD1289.001), which was tabled:

Amend the resolution, as and if amended, page 1, line 27, in Section 3, as contained in SECTION 1, by striking /one year/ and inserting therein:

/one year six months/.

Amend the resolution further, as and if amended, page 1, line 36, as contained in SECTION 1, by striking /one year/ and inserting therein:

/six months/.

Amend title to conform.

Senator MARTIN moved to table the amendment.

The amendment was tabled.

There being no further amendments, the Resolution was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

The following Bills having been read the second time were ordered placed on the third reading Calendar:

H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.

H. 4362 -- Reps. T.C. Alexander, M.O. Alexander, Allison, G. Bailey, J. Bailey, G. Brown, Chamblee, Cooper, Corning, Cromer, Farr, Felder, Hallman, Harrison, Harvin, Harwell, Huff, Jennings, Kelley, Keyserling, Kirsh, Koon, Lanford, Martin, Mattos, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Quinn, Richardson, Rogers, Rudnick, Shissias, Stille, Townsend, Waites, Wells, Whipper, White, Wilkins, Williams, Witherspoon, Wright, R. Young, Vaughn, Fulmer, Littlejohn, Breeland, Elliott, Walker and Inabinett: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED DOCTORAL PSYCHOLOGIST.

H. 4511 -- Reps. Snow and D. Smith: A BILL TO PROVIDE THAT AN ASSIGNMENT OF A MORTGAGE GIVEN TO A FARM CREDIT SYSTEM INSTITUTION NEED NOT BE RECORDED IN ORDER TO PERFECT THE ASSIGNMENT IF THE UNDERLYING NOTE HAS BEEN ASSIGNED OR TRANSFERRED ACCORDING TO STATE LAW AND IS IN THE POSSESSION OF THE ASSIGNEE, AND TO PROVIDE FOR THE MANNER IN WHICH CERTAIN COLLATERAL ASSIGNMENTS OF NOTES AND MORTGAGES ARE VALID, ENFORCEABLE, AND PERFECTED.

H. 4606 -- Reps. Koon, Walker, Richardson, Holt and Harrell: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO PROVIDE THAT ANY NUMBER OF HOURS OF CONTINUING INSURANCE EDUCATION EARNED BY AN AGENT IN A TWELVE-MONTH PERIOD MUST BE CARRIED FORWARD, AT THE DESIGNATION OF THE AGENT, TO THE ENSUING TWELVE-MONTH PERIOD, WITHOUT LIMITATION, AS LONG AS THE HOURS CARRIED FORWARD ARE IN EXCESS OF THE REQUIRED MINIMUM FOR A PARTICULAR REPORTING PERIOD.

Senator COURTNEY explained the Bill.

S. 1284 -- Senator Hayes: A BILL TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS.

Senator HAYES explained the Bill.

S. 1288 -- Senator McConnell: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT SEPARATION FOR PURPOSES OF WHEN A HUSBAND AND WIFE HAVE LIVED SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MAY MEAN VOLUNTARY OR INVOLUNTARY SEPARATION.

Senator MARTIN 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 second reading of the Bill.

Senator MARTIN proposed the following amendment (JUD1288.002), which was adopted:

Amend the bill, as and if amended, page 1, line 27, in Section 20-3-10(5), as contained in SECTION 1, by striking / one year six months / and inserting therein the following:

/one year/

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.

H. 4878 -- Reps. Harrell, Law, A. Young, Wofford, Thomas, Graham, Clyborne, J. Brown, Cobb-Hunter, Wilkins and Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-387 SO AS TO MAKE IT UNLAWFUL TO EMPLOY A PERSON UNDER THE AGE OF EIGHTEEN YEARS TO APPEAR IN A STATE OF SEXUALLY EXPLICIT NUDITY IN A PUBLIC PLACE, AND TO PROVIDE PENALTIES.

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

Senator RICHTER proposed the following amendment (JUD4878.001), which was adopted:

Amend the bill, as and if amended, page 1, line 29, by adding an appropriately numbered SECTION to read:

/SECTION . The first paragraph of Section 16-15-375 of the 1976 Code is amended to read:

"Section 16-15-375. The following definitions apply to Section 16-15-385, disseminating or exhibiting to minors harmful material or performances; Section 16-15-387, employing a person under the age of eighteen years to appear in a state of sexually explicit nudity in a public place; Section 16-15-395, first degree sexual exploitation of a minor; Section 16-15-405, second degree sexual exploitation of a minor; Section 16-15-410, third degree sexual exploitation of a minor; Section 16-15-415, promoting prostitution of a minor; and Section 16-15-425, participating in prostitution of a minor."/.

Renumber sections to conform.

Amend title to conform.

Senator RICHTER explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.

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

Senator J. VERNE SMITH proposed the following amendment (WWW\30225DW.94), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

Subitem 16, (Archives and History), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended to read:

"16. Department of Archives and History

Wardlaw School Acquisition

New Facility 2,500,000

Total, Department of Archives and History 2,500,000

Of the funds authorized above for the new facility, the Department of Archives and History may only proceed with the expenditure of funds for architectural and engineering related work (A&E) for the proposed facility. The expenditure of funds for these purposes cannot exceed $1,085,806. All other project phases and related costs, including construction, may not proceed until all remaining project funds are authorized and can be made available."/

Renumber sections to conform.

Amend totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

Senator LEATHERMAN proposed the following amendment (BBM\9214DW.94), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION . Section 3 of Act 1377 of 1968, as last amended by Section 77, Part II, Act 164 of 1993, is further amended by adding:

"Department of Education

Purchase of new school buses $105,000,000"/

Renumber sections to conform.

Amend totals and title to conform.

Senator LEATHERMAN explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

H. 4283 -- Reps. Barber, Jennings, Gonzales, Quinn, Harvin, Wells, Wright, Harrison, R. Smith, Fulmer, D. Wilder, Klauber, A. Young and Corning: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 43 RELATING TO CORPORATIONS SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT" WHICH PERMITS A LIMITED LIABILITY COMPANY (LLC) FORMED PURSUANT TO THIS ACT TO BE TREATED AS A PARTNERSHIP FOR TAX PURPOSES TOGETHER WITH THE ABSENCE OF INDIVIDUAL LIABILITY OF THE MEMBERS OF THE LIMITED LIABILITY COMPANY FOR ITS OBLIGATIONS, WHICH PROVIDES FOR THE MANNER IN WHICH LIMITED LIABILITY COMPANIES ARE FORMED, FOR RELATIONS BETWEEN MEMBERS AND MANAGERS TO PERSONS DEALING WITH THE LIMITED LIABILITY COMPANIES, FOR THE RIGHTS AND DUTIES OF MEMBERS AND MANAGERS, FOR FINANCE MATTERS, FOR DISTRIBUTIONS AND WITHDRAWALS, FOR THE OWNERSHIP AND TRANSFER OF PROPERTY, FOR ADMISSION AND WITHDRAWAL OF MEMBERS, FOR DISSOLUTION, FOR THE MANNER IN WHICH FOREIGN LIMITED LIABILITY COMPANIES MAY OPERATE AND ARE GOVERNED, FOR PROFESSIONAL SERVICES LIMITED LIABILITY COMPANIES, FOR SUITS BY AND AGAINST THE LIMITED LIABILITY COMPANIES, FOR THE MERGER OF DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANIES, AND FOR MISCELLANEOUS PROVISIONS AFFECTING THE LIMITED LIABILITY COMPANIES INCLUDING FILING AND OTHER FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-2-25 SO AS TO PROVIDE FOR CERTAIN DEFINITIONS FOR TAXATION PURPOSES INCORPORATING REFERENCES TO LIMITED LIABILITY COMPANIES.

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

Senator PASSAILAIGUE proposed the following amendment (4283R001.ELP):

Amend the committee report, as and if amended, page 4283-2, by striking lines 20 through 22.

Senator PASSAILAIGUE explained the amendment.

Senator HOLLAND objected to further consideration of the Bill.

H. 3463 -- Reps. Jennings, H. Brown, Kirsh, Huff, Houck, Neilson, Tucker, Baxley, Delleney, Wofford, Worley, McElveen, Martin, Cobb-Hunter, J. Wilder, Spearman, Elliott, McCraw, Phillips, Kinon, J. Harris and Askins: 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.

On motion of Senator MARTIN, the Bill was carried over.

H. 4884 -- Rep. McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-93-165 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ESTABLISH AN INFECTIOUS WASTE PROGRAM FUND TO CARRY OUT THE DEPARTMENT'S RESPONSIBILITIES UNDER THE INFECTIOUS WASTE MANAGEMENT ACT; TO AMEND SECTION 44-93-160, AS AMENDED, RELATING TO FEES ON TREATMENT OF INFECTIOUS WASTE, SO AS TO REDUCE THE FEE FROM THIRTY DOLLARS TO TWENTY-FIVE DOLLARS A TON ON ALL WASTE AND TO REMOVE THE FEE DIFFERENTIAL BETWEEN IN-STATE AND OUT-OF-STATE; TO AMEND SECTION 44-93-170, AS AMENDED, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT FEES REMAINING AFTER THE FUNDING OF THE INFECTIOUS WASTE PROGRAM FUND MUST BE DEPOSITED IN THE INFECTIOUS WASTE MANAGEMENT FUND.

On motion of Senator SETZLER, the Bill was carried over.

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

H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.

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

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

Senators J. VERNE SMITH, GIESE, LAND, STILWELL and COURSON proposed the following Amendment No. 1 (S-EDUC\4681.12), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . The requirements of this act do not apply to private schools or to home schools./

Renumber SECTIONS.

Amend title to conform.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 2 (S-EDUC\4681.02), which was adopted:

Amend the bill, as and if amended, by striking on page 7, line 41 /Department of Commerce/ and inserting the following:

/Employment Security Commission/.

Amend title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 3 (S-EDUC\4681.07), which was adopted:

Amend the bill, as and if amended, by inserting on page 7, line 28 after /system./ the following:

/No state funds shall be expended to support the advisory council and the council shall terminate on December 1, 1999./

Amend the bill further, as and if amended, by striking on page 9, line 6 after /recommendations regarding/ the following:

/tax credits for work-based programs,/.

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator THOMAS proposed the following Amendment No. 5 (GJK\20768SD.94), which was carried over and later withdrawn:

Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:

/SECTION . Students who perform work at a nonschool location pursuant to an apprenticeship or mentoring program under the provisions of this act must be paid for such work by the off-site employer./

Renumber sections to conform.

Amend totals and title to conform.

Senator THOMAS explained the amendment.

On motion of Senator THOMAS, with unanimous consent, Amendment No. 5 was carried over and later withdrawn.

Senator THOMAS proposed the following Amendment No. 7 (GJK\20770SD.94), which was adopted:

Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:

/SECTION . Students who perform work at a nonschool location pursuant to an apprenticeship or mentoring program under the provisions of this act must have the written permission of their parents or legal guardians in order to engage in such work experiences./

Renumber sections to conform.

Amend totals and title to conform.

Senator THOMAS moved that the amendment be adopted.

The amendment was adopted.

Senator COURSON proposed the following Amendment No. 8 (4681R001.JEC), which was adopted:

Amend the bill, as and if amended, page 10, beginning on line 1, by deleting after the word /guardian/ the following:

/and from the child's principal or a designee/

Amend title to conform.

Senator COURSON explained the amendment.

Senator COURSON moved that the amendment be adopted.

The amendment was adopted.

Senator THOMAS proposed the following Amendment No. 9 (4681R003.DLT), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . It is the intention of the General Assembly that all secondary public schools in this State eliminate the general track of studies by school year 1996-97.

In order to make progress toward that goal, the state Department of Education and the Commission on Higher Education, in consultation with public school personnel and public colleges and universities, shall recommend one of two policies in the 1995 session of the General Assembly, through the appropriate committees of both houses:

(1) replacing the general track in the ninth, tenth, eleventh, and twelfth grades with a tech prep track, and offering in addition a college prep track; or

(2) replacing the general track and the college prep track in the ninth and tenth grades with a unified rigorous core curriculum and offering a distinct college prep track and tech prep track in the eleventh and twelfth grades, or if a school district decides, in keeping with a currently established tech prep program in existence in that district, that school district may allow a core curriculum only in the ninth grade./

Amend title to conform.

Senator THOMAS moved that the amendment be adopted.

The amendment was adopted.

Senator ROSE proposed the following Amendment No. 10 (4681R003.MTR), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION . When the Department of Education or a school district eliminates the general track or implements tech prep, appropriate textbooks and instructional materials must be approved by the appropriate authority and must be made available to the district./

Amend title to conform.

Senator ROSE explained the amendment.

Senator ROSE moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 5, proposed by Senator THOMAS (20768SD.94) and previously carried over, was taken up for immediate consideration and withdrawn.

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

Senator SETZLER spoke on the Bill.

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

Bryan Cork Courson
Courtney Drummond Elliott
Ford Gregory Hayes
Holland Jackson Land
Lander Leatherman Macaulay
Martin McConnell McGill
Mescher Moore O'Dell
Passailaigue Patterson Peeler
Rankin Reese Richter
Rose Russell Ryberg
Saleeby Setzler Short
Smith, G. Smith, J.V.* Stilwell
Waldrep* Washington Williams
Wilson

Thomas

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

MOTION ADOPTED
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Connie Ray Morton of Rock Hill, S.C.

At 2:05 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

This web page was last updated on Monday, June 29, 2009 at 3:50 P.M.