Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Lord God, we thank You for the blessings of this great land; for the fruits of the soil, for water and all the untold resources of the earth; for the majesty of the mountains and the serenity of the sand covered beaches; for the lavender of the lilac and the fragrance of the rose; for the mighty oak tree dripping with the moss and the shy little violet; for the grandeur of the arching sky with pansies, camellias and azaleas beneath to make bright our paths. And as we thank You for these and all Your blessings, make us to see ourselves as stewards of these blessings - not only for now, but for the generations to follow.
Keep us ready for the discipline and self-control for the age in which we serve as we "show forth Your loving kindness in the morning and Your faithfulness every night." (Psalm 92:2) Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. ANDERSON moved that when the House adjourns, it adjourn in memory of Mable T. Knuckles of Greenville, which was agreed to.
The following were received and referred to the appropriate committees for consideration.
Document No. 1932
Promulgated By Board of Education
43-140. School District Organization Plan (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1933
Promulgated By Board of Education
43-142. School Year (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1934
Promulgated By Board of Education
43-143. Summer Sessions (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1935
Promulgated By Board of Education
43-144. School Day (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1936
Promulgated By Board of Education
43-145. Emergency Closings (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1937
Promulgated By Board of Education
43-160. School Superintendent Qualification (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1942
Promulgated By Board of Education
43-201.3. Teacher Incentive Program (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1943
Promulgated By Board of Education
43-203. Professional Personnel Compensation Guides and Contracts (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1949
Promulgated By Board of Education
43-208.1. Distribution of Lunchroom Duty Time
for Teachers, Grades 1-6 (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1950
Promulgated By Board of Education
43-209. Nonprofessional/Paraprofessional Personnel Positions, Qualifications and Duties
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1951
Promulgated By Board of Education
43-210. Nonprofessional Personnel Health Examinations (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1952
Promulgated By Board of Education
43-211. Paraprofessional Personnel Positions (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1953
Promulgated By Board of Education
43-212. Paraprofessional Personnel Qualifications and Duties (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1954
Promulgated By Board of Education
43-213. Paraprofessional Personnel Health Examinations (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1957
Promulgated By Board of Education
43-231.1. Adjustment in Instructional Time for Basic Skills (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1970
Promulgated By Board of Education
43-257. Report Cards (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1971
Promulgated By Board of Education
43-258. Acceleration (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1973
Promulgated By Board of Education
43-271. Entrance Age (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1974
Promulgated By Board of Education
43-272. School Admission
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1979
Promulgated By Board of Education
43-110 Through 43-128. Proprietary Schools (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1980
Promulgated By Board of Education
43-141. School Census (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1981
Promulgated By Board of Education
43-150. Policy Development (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1982
Promulgated By Board of Education
43-151. Advisory Council (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1983
Promulgated By Board of Education
43-164.1. Principal Apprenticeship Program (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1984
Promulgated By Board of Education
43-165.1. Principal Evaluation Program (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 1985
Promulgated By Board of Education
43-201. Professional Development Opportunities (Repeal)
Received By Speaker April 18, 1996
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
Document No. 2049
Promulgated By Department of Natural Resources
Seasons, Limits, and Hunting Methods on WMAs
Received By Speaker April 18, 1996
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Period Expiration Date August 16, 1996
(Subject to Sine Die Revision)
The Senate sent to the House the following:
S. 1369 -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE THE MILEY CHURCH OF GOD'S OUTSTANDING ACCOMPLISHMENT OF BECOMING DEBT-FREE AND CELEBRATING THEIR MORTGAGE RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1370 -- Senator Matthews: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA STATE UNIVERSITY BULLDOGS MEN'S BASKETBALL TEAM FOR AN EXCEPTIONAL SEASON AND FOR THEIR OUTSTANDING EFFORT IN THE NCAA TOURNAMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1371 -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE THE KENNY SMITH BASKETBALL CAMP AND THOSE WHO MAKE ITS EXISTENCE POSSIBLE, AND TO THANK ITS SUPPORTERS FOR THEIR EFFORTS IN PROTECTING OUR CHILDREN, OUR MOST PRECIOUS RESOURCE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was introduced, read the first time, and referred to appropriate committee:
S. 1367 -- Senator Lander: A BILL TO AMEND SECTION 7-7-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SALUDA COUNTY, SO AS TO DELETE THE DENNY PRECINCT FROM THE LIST OF VOTING PRECINCTS.
On motion of Rep. SPEARMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. FELDER, with unanimous consent, the following was taken up for immediate consideration:
H. 4966 -- Rep. Felder: A HOUSE RESOLUTION CONGRATULATING THE CALHOUN ACADEMY LADY CAVALIERS BASKETBALL TEAM OF ST. MATTHEWS ON WINNING THE 1995-96 SCISA REGION II-A STATE CHAMPIONSHIP AND GRANTING THE TEAM, COACHES, AND SCHOOL OFFICIALS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, MAY 9, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.
Whereas, the members of the House of Representatives were pleased to learn that the Calhoun Academy Lady Cavaliers Basketball Team recently won the 1995-96 SCISA Region II-A State Championship; and
Whereas, the Calhoun Academy Girls Basketball Team for 1995-96 included Jessica Crider, Chrissy Dyches, Elizabeth Howle, Meredith Inabinet, Rebekkah Kizer, Kimberly Line, Beth Prickett, Keri Rucker, Anna Margaret Thornton, and Amanda Zeigler; and
Whereas, Coach Chad Cary and Assistant Coach Lee Ann Carn are highly deserving of recognition for their accomplishments; and
Whereas, Coach Cary was named Region II-A Coach of the Year for the 1995-96 season; and
Whereas, special thanks go to Managers Bess Adden and Rebecca Houck along with Statistician Jennifer Whetstone; and
Whereas, Meredith Inabinett and Anna Margaret Thornton were named to the all state tournament team. Meredith Inabinet was also named to the SCISA all star team and played for the South; and
Whereas, the Lady Cavaliers worked hard to obtain the championship and are to be commended for their dedication and determination. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, congratulate the Calhoun Academy Lady Cavaliers Basketball Team of St. Matthews on winning the 1995-96 SCISA Region II-A State Championship.
Be it further resolved that the team, coaches, and school officials be granted the privilege of the floor of the House of Representatives on Thursday, May 9, 1996, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated.
Be it further resolved that a copy of this resolution be forwarded to Chad Cary, Coach of the Calhoun Academy Lady Cavaliers Basketball Team and Milly G. McLaughlin, Principal of Calhoun Academy.
The Resolution was adopted.
On motion of Rep. FELDER, with unanimous consent, the following was taken up for immediate consideration:
H. 4967 -- Rep. Felder: A HOUSE RESOLUTION TO CONGRATULATE THE CALHOUN COUNTY HIGH SCHOOL SAINTS BOYS BASKETBALL TEAM FOR WINNING THE 1995-96 CLASS AA STATE CHAMPIONSHIP AND TO ALLOW THE TEAM, COACHES, AND SCHOOL OFFICIALS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, MAY 2, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER.
Whereas, the House of Representatives congratulates the Calhoun County Saints Boys Basketball Team of St. Matthews on winning the 1995-96 Class AA State Championship; and
Whereas, the Saints finished the 1995-96 season with an outstanding 31-2 record; and
Whereas, the team members' dedication, talent, hard work, and unity kept the Calhoun County Saints ranked No. 1 for the entire basketball season; and
Whereas, Calhoun County High's Head Coach Zambolist Fredrick's hard work and encouragement speaks very highly of his truly gifted ability as a basketball coach; and
Whereas, Coach Fredrick also guided the Saints to win the Orangeburg Sweet 16 Tournament, Barnwell Warhorse Classic, Region 5-AA Championship, and Lower State Championship, as well as the State AA Championship; and
Whereas, the Saints Boys Basketball Team consisted of Ike Chisolm, Kendal Faver, Anwar Fludd, Kenwin Fludd, David Fordham, Roderick Fredrick, Tony Garner, Charles McFadden, Alonzo Shuler, Rolando Shuler, Rashad Snipes, Adrian Stokes, Javier Watson, and Bertram Williams; and
Whereas, the success of the Calhoun County High School Saints Boys Basketball Team has brought great pride not only to Calhoun County, but also to the State of South Carolina as well; and
Whereas, the House of Representatives would like to publicly recognize and congratulate each player and Head Coach Zimbolist Fredrick upon the conclusion of a truly memorable season. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina hereby extend their congratulations to the Calhoun County High School Saints Boys Basketball Team for winning the 1995-96 Class AA State Championship.
Be it further resolved that the Calhoun County Saints, coaches, and school officials be granted the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Thursday, May 2, 1996, for the purpose of being recognized and congratulated.
Be it further resolved that a copy of this resolution be forwarded to Zambolist Fredrick, Coach of the Calhoun County High School Saints Boys Basketball Team and to Dr. Jimmy L. Franklin, Principal of Calhoun County High School.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Gamble Govan Harrell Harris, J. Harris, P. Harrison Haskins Hines, J. Hines, M. Hodges Howard Hutson Keegan Keyserling Kinon Kirsh Knotts Lanford Lee Limbaugh Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McKay McMahand Meacham Moody-Lawrence Neal Phillips Rhoad Rice Richardson Sandifer Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, April 23.
James S. Klauber John W. Riser Alfred B. Robinson, Jr. Denny W. Neilson Mark S. Kelley Ronald C. Fulmer Douglas E. McTeer, Jr. James N. Law Larry L. Koon Harry M. Hallman, Jr. John G. Felder Timothy F. Rogers C. Alex Harvin III H.B. Limehouse III Douglas Jennings, Jr. Michael F. Jaskwhich Theodore A. Brown Ralph W. Canty Lynn Seithel Joseph T. McElveen, Jr. Paula H. Thomas Ronald P. Townsend
LEAVES OF ABSENCE
The SPEAKER granted Rep. HERDKLOTZ a leave of absence.
The SPEAKER granted Rep. KENNEDY a leave of absence for the week due to surgery.
Announcement was made that Dr. Louis Costa of Charleston is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4962 -- Rep. Kinon: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1996, AND ENDING JUNE 30, 1997.
S. 1350 -- Senators Mescher and Rose: A BILL TO AMEND SECTION 1 OF ACT 159 OF 1995, RELATING TO DEVOLVING CERTAIN POWERS OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION, BY ADDING A NEW SUBSECTION SO AS TO EXCLUDE SPECIAL PURPOSE DISTRICTS.
S. 1075 -- Senators Rose, Land, Leventis, Matthews, Washington and Mescher: A BILL TO AMEND SECTION 58-31-30, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO AUTHORIZE THE PURCHASE AND MAINTENANCE OF STRUCTURES FOR THE DISTRIBUTION OF WATER IN CALHOUN AND COLLETON COUNTIES; AND TO DELETE THE PROVISION THAT PROHIBITS THE TRANSFER OF WATER FROM ONE RIVER BASIN TO ANOTHER.
Rep. YOUNG-BRICKELL explained the Bill.
Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, April 30, which was adopted.
H. 4251 -- Rep. Hodges: A BILL TO AMEND SECTIONS 56-5-6520, 56-5-6530, AND 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SAFETY BELTS, SO AS TO MAKE A DRIVER RESPONSIBLE FOR REQUIRING EACH OCCUPANT OF A MOTOR VEHICLE UNDER EIGHTEEN YEARS OF AGE TO WEAR A SAFETY BELT OR ANOTHER CHILD RESTRAINT SYSTEM, TO CREATE THE OFFENSE OF FAILURE TO SECURE A SAFETY BELT ON A MINOR, TO PROVIDE FOR PENALTIES AND EXCEPTIONS TO THIS OFFENSE, TO REVISE THE PROVISIONS WHICH EXCLUDE CERTAIN OCCUPANTS FROM WEARING A SAFETY BELT, TO REVISE THE PENALTIES FOR VIOLATING THE MANDATORY USE OF SAFETY BELT REQUIREMENT, AND TO ALLOW A LAW ENFORCEMENT OFFICER TO STOP A DRIVER AND ISSUE A CITATION FOR A VIOLATION OF THIS REQUIREMENT.
The following Bill was taken up.
H. 4785 -- Rep. Wells: A BILL TO AMEND CHAPTER 69, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF VETERINARIANS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.
The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10762AC.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 69, Title 40 of the 1976 Code is amended to read:
Section 40-69-10. It is declared that the practice of veterinary medicine involves the public health, safety, and welfare. To protect the public from being misled by incompetent, unscrupulous, unqualified, and unauthorized practitioners, and from unprofessional or illegal practices by persons licensed to practice veterinary medicine, and to insure that every person engaged in the practice of veterinary medicine meet minimum requirements, the practice of veterinary medicine should be regulated in the interest of the health, safety, and welfare of the citizens of South Carolina.
The General Assembly declares its intent that individuals who are not normally competent to practice veterinary medicine or who otherwise present danger to the public should be disciplined or prohibited from practicing in this State.
Section 40-69-20. As used in this article, these words and phrases have the following meanings unless the context clearly indicates otherwise:
(1) "Animal" means any animal other than a human, and includes fowl, birds, reptiles, and fish which are wild or domestic, living or dead.
(2) "Board" means the South Carolina State Board of Veterinary Medical Examiners.
(3) "Veterinary medicine" includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine.
(4) "Practice of veterinary medicine" means:
(a) To diagnose, prescribe, or administer any drug, medicine, biologic, appliance, or application or treatment of whatever nature for the cure, prevention, or relief of any wound, fracture, or bodily injury or disease of an animal;
(b) To perform any surgical operation, including cosmetic surgery, upon any animal;
(c) To perform any manual procedure for the diagnosis or treatment for sterility or infertility of animals, including embryo transplants;
(d) To offer, undertake, represent, or hold oneself out as being qualified to diagnose, treat, operate, or prescribe for any animal disease, pain, injury, deformity, or physical condition;
(e) To use any words, letters, or titles in such connection or under such circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine; this use is prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine.
(5) "Veterinarian" means a person who has received a doctor's degree or equivalent in veterinary medicine.
(6) "Licensed veterinarian" means a person who is licensed by law to practice veterinary medicine in this State.
(7) "School of veterinary medicine" means any veterinary school or college that offers the DVM or equivalent degree and whose course of study conforms to the standards required for accreditation by the American Veterinary Medical Association and approved by the Board.
(8) "License" means any permit, approval, registration, or certificate issued by the Board.
(9) "Temporary permit" means temporary permission to practice veterinary medicine issued pursuant to the provisions of this chapter.
(10) "Direct supervision" means that a veterinarian currently licensed to practice veterinary medicine in this State is available on the premises and within immediate vocal communication of the supervisee.
(11) "Unprofessional or unethical conduct" includes, but is not limited to, any conduct of a character likely to deceive or defraud the public, fraudulent, false, or deceptive advertising which might mislead the public, obtaining any fee or compensation by fraud or misrepresentation, sharing office space with any person illegally practicing veterinary medicine, employing either directly or indirectly any unlicensed person to practice veterinary medicine or render any veterinary service except as allowed by law, or the violation of any rule adopted by the Board which provides for a code of professional ethics to be followed by persons licensed under this article.
Section 40-69-30. (A) There is created the State Board of Veterinary Medical Examiners to be composed of eight members, one of whom must be a consumer advocate member from the State at large, one of whom must be a veterinarian from the State at large, and six of whom must be veterinarians representing each of the six congressional districts.Each veterinarian must be a resident of the State of South Carolina and of the congressional district which the veterinarian represents, licensed by the State, and practicing. The consumer advocate member must be a resident of the State.The terms of the members are for six years and until successors are appointed and qualify. No member is allowed successive terms of office.
(B) The veterinarian at large and the consumer advocate member must be appointed by the Governor. The board shall conduct an election to nominate two veterinarians from each congressional district. The election shall provide for participation by all veterinarians currently licensed and residing in the district for which the nomination is being made. The names of the nominees must be forwarded to the Governor by the board and the Governor may appoint one of the nominees as the member; however, the Governor may reject any or all of the nominees upon satisfactory showing of the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
(C) The consumer advocate member may not vote on examination for licensure of veterinarians.
(D) The Governor may remove a member of the board who is guilty of continued neglect of board duties or who is found to be incompetent, unprofessional, or dishonorable. No member may be removed without first giving the member an opportunity to refute the charges filed against that member, who must be given a copy of the charges at the time they are filed.
(E) If a board member is disqualified and the member's absence results in the lack of a quorum or an adequate number of members to perform official functions, the Governor may appoint an individual to replace the member during the period of disqualification. This individual shall meet the same qualifications as the member being replaced and must take the same oath as required of other members of the board.
Section 40-69-40. The Board shall organize by electing a chairman, a vice-chairman, and a secretary-treasurer. The officers of the Board shall hold office for terms of one year and until their successors are elected and qualify. The Board shall meet at least once a year and at such other times as may be ordered by the chairman. Any action of the Board may be taken at any regular or special meeting and a majority of the members of the Board shall constitute a quorum.
Section 40-69-50. Each member shall receive the same per diem, mileage, and subsistence as provided by law for members of state boards, commissions, and committees for each day actually engaged in the duties of office, including a reasonable number of days for the preparation and reviewing of examinations in addition to such time actually spent in conducting examinations.
Section 40-69-60. The secretary-treasurer of the Board shall keep records of all the proceedings of the Board, shall receive and account for all monies received by the Board, and shall keep a register of licenses showing the dates of applications for licenses to practice veterinary medicine. All licenses issued by the Board must be numbered and recorded by the secretary-treasurer and, where a license is denied by the Board to any applicant, the fact and grounds for the denial must be entered in the minutes of the Board. The time of issuance or denial of a license must be noted along with the names of those Board members present and such file or record must be open to public inspection. Where a license is denied to an applicant or if a license is revoked or suspended, the fact and ground of the action must be communicated in writing to the applicant or holder of the license.
Information received by the Board through inspections and investigations must be confidential and must not be disclosed except in a proceeding involving the issuance, denial, renewal, suspension, or revocation of a license.
Section 40-69-70. The powers and duties of the board must include, but not be limited to, the following:
(1) To adopt and promulgate regulations, pursuant to the State Administrative Procedures Act, governing the practice of veterinary medicine as are necessary to enable it to carry out and make effective the purpose and intent of this article. These regulations may include minimum standards for all facilities where veterinary medicine is practiced and minimum standards for continuing education for relicensure;
(2) To adopt rules of professional conduct prior to July 1, 1993, appropriate to establish and maintain a high standard of integrity, skills, and practice in the profession of veterinary medicine. In prescribing such rules of professional conduct, the board may be guided by the principles of veterinary medical ethics adopted by the American Veterinary Medical Association and the South Carolina Association of Veterinarians;
(3) To print its regulations and distribute them to all persons licensed to practice veterinary medicine in this State;
(4) To bring proceedings in courts for the enforcement of this article or any regulations made pursuant thereto;
(5) To establish qualifications for persons wishing to be licensed to practice veterinary medicine;
(6) To pass upon the qualifications of applicants for a license to practice veterinary medicine in this State;
(7) To approve schools and colleges of veterinary medicine which maintain sufficient standards of training and reputability;
(8) To prescribe the subjects, character, manner, time, and place of holding examinations and the filing of applications for examinations and to conduct the examinations;
(9) To issue temporary permits or licenses to duly qualified applicants;
(10) To provide for, regulate, and require all persons licensed in accordance with the provisions of this article to renew their license annually;
(11) To conduct investigations and hearings upon complaints calling for discipline of a licensee or applicant for license;
(12) To take testimony on any matter under its jurisdiction and to administer oaths;
(13) To issue summons and subpoenas, including subpoenas duces tecum, for any witness, in connection with any matter within the jurisdiction of the board, which must be signed by either the chairman or the secretary-treasurer of the board;
(14) (RESERVED);
(15) To inspect licenses;
(16) To conduct investigations of all alleged violations;
(17) To prosecute according to law or instigate the prosecution of all violators of this chapter;
(18) To adopt regulations for the sale and dispensing of prescriptions and controlled veterinary drugs, pharmaceuticals, and biologics in accordance with federal and state laws.
Section 40-69-80. (A) A person wishing to practice veterinary medicine in this State shall obtain a license from the board. Unless a person obtains a license, it is unlawful to practice veterinary medicine as defined in this article. If a person practices without a license that person is considered to have violated this article.
(B) The board shall conduct examinations of all applicants and the board may examine an applicant who submits satisfactory evidence that the applicant:
(a) is a graduate of a school or college of veterinary medicine approved by the board or holds an Education Commission of Foreign Veterinary Graduates Certificate;
(b) has paid the required fee.
Section 40-69-90. (A) The board may issue a temporary permit to practice veterinary medicine to an applicant if the applicant meets these qualifications:
(1) meets all qualifications and requirements of Section 40-69-80;
(2) has filed an application to take the examination;
(3) is located permanently at some designated place in the State;
(4) pays a temporary permit fee which must be set by the board in regulation promulgated in accordance with the Administrative Procedures Act. This fee is in addition to the examination fee;
(5) holds a current and valid license to practice veterinary medicine in another state of the United States.
(B) An individual failing to pass the examination for a license in this State must not be issued a temporary permit.
(C) The temporary permit entitles the holder to practice only until the board has acted upon the application for a permanent license after the applicant completes the next regularly scheduled examination and is not renewable. Only one temporary permit may be issued to a person. A person who is unable to attend the examination because of illness, accident, or other reasonable condition beyond the person's control, in the discretion of the board, may have the temporary permit renewed until the board is able to act on the application after the person completes the required examination.
Section 40-69-100. Any person desiring to take the examination for license to practice veterinary medicine shall make application in writing to the Board on forms prescribed by the Board at least fourteen days before the examination. The application must be accompanied by the examination fee which must be set by the Board.
Fees must not be returned under any circumstances, regardless of whether the applicant is accepted for examination, fails the examination, withdraws his application, or is issued or denied a license. If an applicant fails to take the examination for a legitimate reason, the Board may allow him to take the examination at a later date without having to pay another fee.
After the Board accepts the application and finds that the applicant is otherwise qualified to meet the requirements necessary to practice veterinary medicine, the applicant may be examined by the Board at its next meeting. The Board shall give notice to the applicant of the exact time and place of the examination.
Section 40-69-110. The examination of applicants for licenses to practice veterinary medicine must be conducted under regulations adopted by the Board.
(1) The Board shall, except as otherwise provided herein, require the applicant to take a written examination in veterinary anatomy, veterinary surgery, veterinary physiology, veterinary pathology, veterinary obstetrics, veterinary materia medica, and veterinary practice, chemistry, and such other subjects related to veterinary medicine as the Board may require, or the Board may accept the results of the written examination conducted by the National Board of Veterinary Examiners in lieu of requiring the applicant to take a written examination given by the Board.
(2) The Board may also require that the applicant undergo a clinical, oral, or practical examination in addition to the written examination.
(3) The Board shall establish a minimum passing grade for each examination given by the Board.
If the applicant makes the minimum passing grade on the examination as established by the Board and the Board finds that the applicant is otherwise worthy, competent, and qualified, it shall issue him a license to practice veterinary medicine in this State.
Section 40-69-120. The Board must issue a license, without written examination, to a qualified applicant who is licensed to practice veterinary medicine in another state which has a reciprocal licensing agreement with this State if the applicant furnishes satisfactory proof that he is a graduate of an approved veterinary college, is in good standing in his respective state, and holds a license to practice veterinary medicine in that state. No person may be licensed under this section except upon proof that he has taken and passed a written examination in at least one of the states in which he is licensed.
The Board shall enter into reciprocal licensing agreements with other states having substantially equivalent licensing requirements.
Section 40-69-130. Each person licensed by the Board shall pay an annual fee as determined by regulation of the Board. The fee is due and payable on the first day of January of each year. Failure to pay the annual fee on or before the first day of February of each year shall render the license void. Upon a showing of a reasonable explanation and payment of all sums due, the veterinarian may petition for reinstatement. The Board may assess a reinstatement fee as may be set by regulation.
The Board may also issue a duplicate license to replace one that has been lost or destroyed upon payment of a fee set by regulation of the Board. Each duplicate license shall have the word 'Duplicate' typed or printed across the face thereof.
Section 40-69-140. The board may deny, suspend, revoke, or restrict the license of a veterinarian or reprimand or discipline a licensee for these reasons:
(1) violating this article or a regulation promulgated by the board;
(2) using a false, fraudulent, or forged statement or document or a fraudulent, deceitful, or dishonest act by the holder of a license in connection with a license requirement;
(3) failing to display a license;
(4) having caused to be published or circulated directly or indirectly a fraudulent, false, or misleading statement as to the skill or methods of practice of a licensee;
(5) misrepresenting the inspection of food for human consumption;
(6) using a false or fraudulent statement in a document connected with the practice of veterinary medicine;
(7) obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances;
(8) failing to provide and maintain facilities as directed by regulation of the board;
(9) refusing to permit the board or a legal representative of the board to inspect the business premises of the licensee during regular business hours;
(10) circulating knowingly untrue, fraudulent, misleading, or deceptive advertising;
(11) engaging in unprofessional or unethical conduct or engaging in practices in connection with the practice of veterinary medicine which are in violation of the standards of professional conduct, as defined in this article or prescribed by regulations of the board;
(12) engaging in conduct determined by the board to be incompetent or negligent in the practice of veterinary medicine;
(13) making a false statement in an oath or affidavit which is required by this article;
(14) having another state revoke a license to practice veterinary medicine in that state;
(15) being convicted on a charge of cruelty to animals;
(16) being convicted of a federal or state law relating to narcotic drugs;
(17) having a physical or mental impairment or disability which renders practice dangerous to the public;
(18) performing an act which in any way assists a person to practice in violation of this article;
(19) misusing a controlled substance for other than specific treatment of an animal patient;
(20) having employed or permitted a person who does not hold a license to practice veterinary medicine in this State to perform work which, under this article, can lawfully be done only by a person holding a license to practice veterinary medicine;
(21) practicing veterinary medicine while under the influence of alcohol or any drug to such a degree as to adversely affect the performance of a veterinarian's professional obligations and duties;
(22) having been adjudged mentally incompetent by a court of competent jurisdiction; upon notice of a legal determination of incompetency, an individual's license is automatically suspended until the individual is adjudged legally competent;
(23) failing to report, as required by law, or making a false report of a contagious or infectious disease;
(24) being convicted of a felony or a crime involving moral turpitude; forfeiture of a bond or a plea of nolo contendere is considered the equivalent of a conviction.
Section 40-69-150. Any person, including the Board, may prefer charges of fraud, deceit, negligence, incompetence, or misconduct against any person licensed to practice veterinary medicine by this article.
The charges must be made to the Board, in writing, and sworn to by the person so charging and must be submitted to the secretary-treasurer of the Board. Specific procedures relating to the filing and hearing of these charges shall conform to the State Administrative Procedures Act and must be detailed in the regulations promulgated by the Board.
Any person who feels aggrieved by any action of the board in denying, suspending, refusing to renew, or revoking his certificate of registration or license may appeal therefrom to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 within thirty days after receipt of the order of the board.
Section 40-69-160. The Board may reissue a license to or reinstate the license of a person whose license was previously revoked or suspended if a majority of the members of the Board vote in favor of such reissuance or reinstatement. The Board may assess a reinstatement or reissue fee as set by regulation of the Board.
Section 40-69-170. All persons licensed to practice veterinary medicine by the Board shall conspicuously display in the place of practice at all times a current license issued by the Board.
Section 40-69-180. All revenues and income from licenses, examination fees, other fees, sale of commodities and services, and income derived from any other Board source or activity must be remitted to the State Treasurer as collected when practicable, but at least once each week, and must be credited to the general fund of the State. All assessments, fees, or licenses must be levied pursuant to the State Administrative Procedures Act in an amount sufficient or at least equal to the amount appropriated in the annual general appropriations act for the Board, plus any additional funds allocated by the Budget and Control Board for implementation of the state's personnel compensation plan.
Section 40-69-190. The Board shall make an annual report in accordance with the provisions of Chapter 73 of Title 40.
Section 40-69-200. Any person who practices or attempts to practice veterinary medicine for consideration in this State without first having complied with the provisions of this article, or who knowingly presents to or files false information with the Board for the purpose of obtaining a license, is guilty of a misdemeanor and upon conviction must be fined not less than five hundred nor more than twenty-five hundred dollars or imprisonment for not less than thirty days. Each act of unlawful practice shall constitute a separate offense.
Section 40-69-210. Whenever the board has reason to believe that any person is violating or intends to violate any provision of this article, it may, in addition to all other remedies, order the person to immediately desist and refrain from that conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from that conduct. An administrative law judge may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter as it deems proper. No bond must be required of the board by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section.
No member of the board or its committees, special examiners, agents, and employees may be held liable for acts performed in the course of official duties, except where actual malice is shown. For the purpose of any investigation or proceeding under the provisions of this article, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any documents or records which the board deems relevant to the inquiry.
Section 40-69-220. No person shall engage in the practice of veterinary medicine in this State without a current and valid license for that purpose issued by the Board. Nothing in this article must be construed to prohibit:
(1) Any person who is a regular student, technician, or instructor in a legally chartered educational institution from the performance of those duties and actions conducted as a responsibility in teaching and research.
(2) Any veterinarian holding a current and valid license in some other state from acting as a consultant with a licensed veterinarian of this State.
(3) Any veterinarian who is a member of the Armed Forces of the United States or who is an employee of the United States Department of Agriculture, the United States Public Health Service, or other federal agency or the State of South Carolina or political subdivision thereof from performing official duties in accordance with his employment.
(4) Any person or his regular employee from administering to his own animals, except when his ownership is so vested for the purpose of circumventing the provisions of this article and except when the employee is so employed for the purpose of circumventing the provisions of this article. However, the administration to the animal must be in compliance with all federal, state, and local laws.
(5) State or federal agencies, accredited schools, research institutions, foundations, corporations or employees thereof, which or who conduct experiments and scientific research using animals, provided the research or testing is performed in compliance with all federal, state, and local laws.
(6) Any person from performing artificial insemination to animals.
(7) Initiation of prescribed emergency procedures in life threatening situations by an animal health technician employed by a licensed veterinarian.
(8) Any merchant from selling at his regular place of business medicines, feed, appliances, or other animal health products provided all sales are done in compliance with all federal, state, and local laws and in accordance with the regulations promulgated by the Board.
Section 40-69-410. For purposes of this article:
(1) "Animal Health Technician" means a person who has received a degree in Animal Health Technology from an American Veterinary Medical Association accredited school offering a program in Animal Health Technology; this person shall be knowledgeable in the care and handling of animals, in the basic principles of normal and abnormal life processes, and in routine laboratory and clinical procedures. The performance of the Animal Health Technician shall be under the direct supervision of a veterinarian duly licensed to practice in the State of South Carolina. No Animal Health Technician may diagnose disease, perform surgery, or prescribe medicine.
(2) "Direct supervision" means the guidance of the activities of the Animal Health Technician within the scope of the instructions of the licensed veterinarian in charge of the care of the animal.
(3) "Certificate" means a written statement acknowledging successful completion of the Animal Health Technician Examination or other necessary requirements as issued by the board.
(4) "Certified Animal Health Technician" means a person who is certified by the board to work as an Animal Health Technician.
Section 40-69-420. (A) The powers and duties of the board shall include but not be limited to:
(1) promulgate regulations governing the Animal Health Technician as are necessary to enable it to carry out and make effective the purpose and intent of this article.
(2) adopt rules of professional conduct appropriate to establish and maintain a high standard of integrity and skills relating to the Animal Health Technician.
(3) print its regulations and distribute them to all certified Animal Health Technicians.
(4) establish qualifications for persons wishing to be certified as an Animal Health Technician.
(5) pass upon the qualifications of applicants for a certificate to work as an Animal Health Technician in this State.
(6) prescribe the subject, character, manner, time and place of holding examinations and the filing of applications for examinations and to conduct the examinations.
(7) issue temporary certificates to duly qualified applicants.
(8) provide for, regulate and require all persons certified in accordance with the provisions of this article; to renew their certificate annually; to issue annual renewal certificates to such persons and to suspend or revoke the certificates to such persons who fail, refuse or neglect to renew such certificate.
(9) inspect certificate.
(B) The powers and duties of the board as provided in items (4), (11), (12), (13), (16), and (17) of Section 40-69-70 shall also apply to Animal Health Technicians.
Section 40-69-430. (A) A person wishing to work as an Animal Health Technician in this State shall obtain a certificate from the board. Unless a person obtains a certificate, it is unlawful to work as an Animal Health Technician as defined in this article.
(B) The board shall conduct examinations of all applicants and the board may examine an applicant who submits satisfactory evidence that the applicant:
(1) is at least eighteen years of age;
(2) is a graduate of an American Veterinary Medical Association accredited school of animal technology;
(3) has paid the required fee.
Section 40-69-440. (A) The board may issue a temporary certificate if the applicant:
(1) meets all the qualifications and requirements of Section 40-69-430;
(2) has filed an application to take the examination;
(3) pays a temporary certificate fee which must be set by the board in regulation promulgated pursuant to the Administrative Procedures Act; this fee is in addition to the examination fee.
(B) A temporary certificate shall permit the applicant holder to work as an Animal Health Technician until the next regularly scheduled examination. Temporary certificates may not be renewed. However, a person who is unable to attend the examination because of illness, accident, or other reasonable condition beyond the person's control, in the discretion of the board, may have the temporary certificate renewed until the board is able to act on the application after the person completes the required examination.
Section 40-69-450. (A) A person desiring to take the examination for certification shall apply in writing to the board on forms prescribed by the board at least fourteen days before the examination. The fee accompanying an application must be set by the board in regulation promulgated pursuant to the Administrative Procedures Act.
(B) Fees may not be returned under any circumstances, regardless of whether the applicant is accepted for examination, fails the examination, withdraws the application, or is issued or denied a certificate. If an applicant fails to take the examination for a legitimate reason, the board may allow the applicant to take the examination at a later date without having to pay another fee.
(C) After the board accepts an application and finds that the applicant is qualified to meet the requirements necessary to work as an Animal Health Technician, the applicant may be examined by the board at its next meeting. The board shall give notice to the applicant of the exact time and place of the examination.
Section 40-69-460. (A) The examination of an applicant for certification must be conducted under the regulations adopted by the board. The board shall require the applicant to take a written examination in Animal Anatomy, Clinical Pathology, Pharmacology, Office Procedures, Radiology, Laboratory Animal Technology, Parasitology, and such additional subjects relating to Animal Health Technology as the board may require. The board shall establish a minimum passing grade for each examination given and shall hold at least one examination annually.
(B) If the applicant makes the minimum passing grade on the examination established by the board and the board finds that the applicant is qualified, it shall issue the applicant a certificate. An applicant who fails to meet the minimum passing grade or fails to maintain a current certificate may submit to reexamination at the discretion of the board. Each applicant is entitled to at least one reexamination.
Section 40-69-470. The board may issue a certificate, without written examination, to a qualified applicant who is certified as an Animal Health Technician in another state if the applicant furnishes satisfactory proof that he is a graduate of an American Veterinary Medical Association Accredited School of Animal Health Technology, is in good standing in his respective state, and holds a current certificate to work as an Animal Health Technician in that state.
The board is authorized to enter into reciprocal certifying agreements with other states having similar certifying requirements and the board may certify, without written examination, any person working as an Animal Health Technician in such other states.
Section 40-69-480. (A) The holder of a certificate must apply on January first of each year for renewal of certification. Renewal applications must be provided by the board thirty days before January first of each year. A completed application must be accompanied by an annual fee, the amount of which must be set by the board in regulation promulgated pursuant to the Administrative Procedures Act, and made payable to the secretary-treasurer of the board. If the completed application and fee is not submitted by February fifteenth of each year, a late renewal fee penalty set by the board in regulation, will be added to the annual fee. If the completed application and renewal fee is not received by March fifteenth of each year, certification of the holder will be revoked and the holder shall file for reexamination for certification. The application for renewal must be endorsed by a licensed veterinarian of this State and must include sufficient proof of continuing education as required by the board in the regulations.
(B) The board may issue a duplicate certificate to replace one that has been lost or destroyed upon payment of an amount to be set by the board in regulation. A duplicate certificate must have the word "DUPLICATE" typed or printed across the face of the certificate.
Section 40-69-490. The board may revoke suspend, deny, or place on probation the certificate of an Animal Health Technician, or impose any reasonable disciplinary action toward the Animal Health Technician, who, in the opinion of the board, has committed one or more of the following:
(1) Gross incompetence in connection with the performance of the duties or tasks of the Animal Health Technician;
(2) Fraud or deceit in procuring certification as an Animal Health Technician;
(3) Performing tasks otherwise than under the direct supervision of a licensed veterinarian;
(4) Conviction in any court, state or federal, of any felony;
(5) Representing himself or permitting another to represent him as a Doctor of Veterinary Medicine;
(6) Conviction on a charge of cruelty to animals;
(7) Violation of the code of conduct as adopted by the board;
(8) Any conduct in violation of this article.
Section 40-69-500. No action to deny, revoke, or suspend a certificate of an Animal Health Technician may be taken until the person has been furnished a statement of the charges against him by the board. Preferring of charges, hearings, appeals, and reinstatements shall be conducted by the board as stated in Section 40-69-150.
Section 40-69-510. A complete roster that shows all the names and places of employment of Certified Animal Health Technicians in this State must be prepared annually by the board by April fifteenth of each year. This list must be filed with the secretaries of the South Carolina Association of Veterinarians and South Carolina Certified Animal Health Technician Association.
All persons certified as an Animal Health Technician must display in his place of employment at all times his current certificate issued by the board.
Section 40-69-520. Any person who works as an Animal Health Technician without first having complied with the board as provided by this article, or who knowingly presents to or files false information with the board for the purpose of obtaining a certificate, is guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars or imprisoned for not less than thirty days.
Section 40-69-530. Any person previously issued a certificate to work as an Animal Health Technician on or before August 1, 1981, by the South Carolina State Board of Veterinary Medical Examiners shall, upon payment of the required fee, be issued a certificate by the board.
Section 40-69-540. Any person performing acts as a certified Animal Health Technician in compliance with this article shall not be deemed to be engaging in the practice of veterinary medicine as defined in Section 40-69-20.
"Section 40-69-10. There is created the South Carolina State Board of Veterinary Medical Examiners to protect the public from being misled by incompetent, unscrupulous, unqualified and unauthorized practitioners of veterinary medicine for the protection of the public health, safety and welfare. This purpose is achieved through the establishment of minimum qualifications for entry into the practice of veterinary medicine and through swift and effective discipline for those practitioners who violate the applicable laws or regulations.
Section 40-69-20. No person may be a practicing veterinarian without a license or permit issued in accordance with this chapter.
Section 40-69-30. As used in this chapter, unless the context clearly indicates otherwise:
(1) 'Animal' means an animal other than a human and includes fowl, birds, reptiles, and fish which are wild or domestic, living or dead.
(2) 'Board' means the South Carolina State Board of Veterinary Medical Examiners.
(3) 'Veterinary medicine' includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine.
(4) 'Practice of veterinary medicine' means to:
(a) diagnose, prescribe, or administer any drug, medicine, biologic, appliance, or application or treatment of whatever nature for the cure, prevention, or relief of a wound, fracture, or bodily injury or disease of an animal;
(b) perform a surgical operation including cosmetic surgery upon any animal;
(c) perform a manual procedure for the diagnosis or treatment for sterility or infertility of animals, including embryo transplants;
(d) offer, undertake, represent, or hold oneself out as being qualified to diagnose, treat, operate, or prescribe for any animal disease, pain, injury, deformity, or physical condition;
(e) use any words, letters, or titles in such connection or under circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine; this use is prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine.
(5) 'Veterinarian' means a person who has received a doctor's degree or equivalent in veterinary medicine.
(6) 'Licensed veterinarian' means a person who is licensed by law to practice veterinary medicine in this State.
(7) 'School of veterinary medicine' means a veterinary school or college that offers the D.V.M. or equivalent degree and whose course of study conforms to the standards required for accreditation by the American Veterinary Medical Association and approved by the board.
(8) 'License' means a permit, approval, registration, or certificate issued by the board.
(9) 'Temporary permit' means temporary permission to practice veterinary medicine issued pursuant to this chapter.
(10) 'Direct supervision' means that a veterinarian currently licensed to practice veterinary medicine in this State is available on the premises and within immediate vocal communication of the supervisee. It also means the guidance of a activities of the animal health technician within the scope of the instructions of the licensed veterinarian in charge of the care of the animal.
(11) 'Unprofessional or unethical conduct' includes, but is not limited to, any conduct of a character likely to deceive or defraud the public, fraudulent, false, or deceptive advertising which might mislead the public, obtaining any fee or compensation by fraud or misrepresentation, sharing office space with any person illegally practicing veterinary medicine, employing either directly or indirectly any unlicensed person to practice veterinary medicine or render any veterinary service except as allowed by law, or the violation of any rule adopted by the board which provides for a code of professional ethics to be followed by persons licensed under this article.
(12) 'Intern' means a person who is receiving on-the-job training in veterinary medicine and is employed in the veterinary setting.
(13) 'Animal health technician' means an individual who has received a degree in animal health technology or a comparable subject from an approved school of veterinary medicine or veterinary technology and who is employed by and under the direct supervision of a licensed veterinarian. This person must be knowledgeable in the care and handling of animals, in the basic principles of normal and abnormal life processes, and in routine laboratory and clinical procedures. The performance of the animal health technician shall be under the direct supervision of a veterinarian duly licensed to practice in this State. No animal health technician may diagnose disease, perform surgery, or prescribe medicine.
(14) 'Certificate' means a written statement acknowledging successful completion of the animal health technician examination or other necessary requirements as issued by the board.
(15) 'Certified animal health technician' means a person who is certified by the board to work as an animal health technician.
Section 40-69-40. (A) The board is composed of eight members, one of whom must be a consumer advocate resident from the State at-large, one of whom must be a veterinarian from the State at-large, and six of whom must be veterinarians representing each of the six congressional districts in which they reside all of whom must be appointed by the Governor. Members must have resided in South Carolina no less than five years to be eligible to serve on the board. The terms of the members are for six years and until successors are appointed and qualify. A member may serve no more than two terms which may not be consecutive.
(B) The board shall conduct elections for each congressional district from which the two candidates with the greatest number of votes must be submitted to the Governor.
(C) The consumer advocate member may not vote on examination for licensure of veterinarians.
Section 40-69-50. (A) The board shall meet at least twice a year and at other times as may be ordered by the chairman. A majority of the appointed members of the board constitutes a quorum. The board shall hold elections for its officers each year. No member may serve more than two terms as chairman.
(B) The files and records of the board must be kept by the Department of Labor, Licensing and Regulation and are subject to being audited or examined at any time by authorized authorities of the State.
Section 40-69-60. The powers and duties of the board include, but are not limited to:
(1) promulgating regulations, pursuant to the Administrative Procedures Act, governing the practice of veterinary medicine as are necessary to enable the board to carry out and make effective the purpose and intent of this chapter. Regulations shall include minimum standards for all facilities where veterinary medicine is practiced and minimum standards for continuing education for relicensure and requirements for the sale and dispensing of prescriptions and controlled veterinary drugs, pharmaceuticals, and biologics in accordance with federal and state laws;
(2) promulgating in regulation rules of professional conduct appropriate to establish and maintain a high standard of integrity, skills, and practice in the profession of veterinary medicine. In prescribing these rules of professional conduct, the board may be guided by the principles of veterinary medical ethics adopted by the American Veterinary Medical Association and the South Carolina Association of Veterinarians;
(3) printing and distributing its regulations to persons licensed to practice veterinary medicine in this State;
(4) initiating judicial proceedings for the enforcement of this chapter or regulations promulgated pursuant to this chapter;
(5) establishing qualifications for persons wishing to be licensed to practice veterinary medicine;
(6) passing upon the qualifications of applicants for a license to practice veterinary medicine in this State;
(7) prescribing the subjects and character of examinations and the manner, time, and place of holding examinations and the form and filing of applications for examinations and conducting the examinations;
(8) issuing temporary permits or licenses to qualified applicants;
(9) providing for and regulating the renewal of licenses and requiring persons licensed in accordance with this chapter to renew their license annually;
(10) conducting investigations and hearings upon complaints and alleged violations;
(11) taking testimony on any matter under the board's jurisdiction and administering oaths;
(12) issuing summons and subpoenas, including subpoenas duces tecum, for any witness, in connection with any matter within the jurisdiction of the board, and these must be signed by the chairman or the administrator of the board;
(13) inspecting licenses.
Section 40-69-70. The following fees are required for individual applications, examinations, and renewal of licenses are payable in advance to the South Carolina Board of Veterinary Medical Examiners:
Veterinarian
(1) Application for license $100.00
(2) Temporary permit $100.00
(3) Intern permit $ 50.00
(4) License renewal by December 31 $ 50.00
(5) Lapsed license:
(a) Less than 12 months $100.00
(b) more than 12 months but less than 2 years $200.00
(c) more than 2 years but less than 3 years $300.00
(d) more than 3 years Apply for new license
(6) Duplicate license $ 15.00
(7) Administration Fee $100.00
(8) License verification $ 5.00
Animal health technician
(1) Application for license $ 25.00
(2) Temporary permit $ 10.00
(3) License renewal by December 31 $ 20.00
(4) Lapsed license:
(a) Less than 12 months $ 25.00
(b) more than 12 months but less than 2 years $ 50.00
(c) more than 2 years but less than 3 years $ 75.00
(d) more than 3 years Apply for new license
(5) Duplicate license $ 15.00
(6) Administration Fee $ 50.00
(7) License verification $ 5.00
Section 40-69-80. (A) The board shall hold at least one examination during each calendar year for veterinarians. The requirements for a license to practice veterinary medicine requires passing the examinations administered by the South Carolina Board of Veterinary Medical Examiners. The examination must be a written examination on the Veterinary Medical Practice Act and regulations and a practical or oral examination may be administered by the board.
(B) A person desiring to be licensed as a veterinarian may apply to the board to take the licensure examination. Applications must be filed with the board a minimum of thirty days before a scheduled examination. Applications and accompanying documents are valid for one year from the initial application date. After one year a new application with attendant documents and appropriate fees must be submitted. The board may receive applications from senior students at accredited veterinary schools, however an application is not complete until the applicant furnishes proof of graduation and other information as provided for in this chapter and regulations promulgated by the board. Applications must include:
(1) A certified copy of the applicant's transcript, indicating veterinary degree, by a college approved by the American Veterinary Medical Association (AVMA). A graduate of a veterinary medical school outside the United States and Canada is required to have certification by the AVMA Educational Commission for Foreign Veterinary Graduates and shall submit proof that the certification was granted after December 31, 1972. A graduate of a school outside the United States and Canada which is accredited by the AVMA after 1977 at the time of graduation is exempt from this requirement.
(2) A senior student must submit an attested letter from the accredited veterinary medical college establishing the applicant's senior status as of the date of the state examination.
(3) A certified copy of national board examination results is required. An applicant must achieve a minimum score of equal to or above 1.25 standard deviation units below the average score of criterion group candidates if taken before December, 1992, or the criterion referenced passing score if taken after December, 1992.
(4) A certified copy of the Clinical Competency Test must be current within five years of the date of the application with a minimum score of 350 if taken before December, 1992, or the criterion referenced passing score if taken after December, 1992. This requirement may be waived if the applicant submits verification of:
(a) having held for a minimum of three years immediately preceding application, a valid, unsuspended, and unrevoked license to practice veterinary medicine issued after examination by another state which has education and examination requirements substantially equivalent to those required by South Carolina; and
(b) three full years of active, continuous clinical practice immediately preceding the examination; or
(c) having passed the American Veterinary Medical Association recognized board certification examination in any field of veterinary medicine.
(5) Verification is required from each state, active or inactive, in which the applicant is or has been licensed.
(6) One recent passport type photograph taken within the last six months before application filing.
(7) A nonrefundable certified check or money order.
(C) A candidate must obtain a passing score of no less than seventy percent on the South Carolina examination.
(D) An application may be denied if the applicant has committed an act which indicates that the applicant does not possess the character and fitness to practice veterinary medicine, including an act that would be grounds for disciplinary action under this chapter or Chapter 1 against a licensed veterinarian.
(E) An applicant who fails the South Carolina Board examination may be reexamined by submitting an application to the board and paying the appropriate nonrefundable examination fee to be received no less than thirty days before the next scheduled examination.
(F) A temporary permit may be issued to an examination applicant who:
(1) has filed an application with the board no less than thirty days before the next scheduled examination;
(2) has provided a certified copy of the applicant's transcript, indicating veterinary degree, by a college approved by the American Veterinary Medical Association (AVMA). A graduate of a veterinary medical school outside the United States and Canada is required to have certification by the AVMA Educational Commission for Foreign Veterinary Graduates and shall submit proof that the certification was granted after December 31, 1972. A graduate of a school outside the United States and Canada which is accredited by the AVMA after 1977 at the time of graduation is exempt from this requirement;
(3) pays the nonrefundable required fee;
(4) is a holder of a current and valid license to practice veterinary medicine in another state, verified by the state, has been practicing for a period of no less than ninety days immediately preceding filing the application, and is employed and under the immediate supervision of a South Carolina veterinarian, verified in writing and received by the board showing the name, location of practice, and anticipated start date of employment.
A temporary permit entitles the applicant to practice only until the board has acted upon the applicant's application for permanent license after the applicant completes the next regularly scheduled examination. A temporary permit is not renewable; however, the board may renew a temporary permit until the next scheduled examination if a person is unable to attend the examination because of illness, accident, or other reasonable condition beyond the person's control.
Section 40-69-82. (A) The board shall hold at least one examination during each calendar year for animal health technicians. To obtain a license to practice as an animal health technician a person must pass the examinations administered by the South Carolina Board of Veterinary Medical Examiners. The examination shall be a written examination on the Veterinary Medical Practice Rules and Regulations, supplemented by a practical or oral examination at the discretion of the board.
(B) A person desiring to be licensed as an animal health technician may apply to the board to take the licensure examination. Applications must be filed with the board no less than thirty days before a scheduled examination. Applications and accompanying documents are valid for one year from the initial application date. After one year a new application, with attendant documents and appropriate fees must be submitted. Applications must include:
(1) a certified copy of the applicant's transcript, indicating animal health technician degree, by a college accredited by the American Veterinary Medical Association;
(2) a certified copy of national board examination results achieving the criterion-referenced passing score in effect at the time of examination;
(3) a verification required from each state, active or inactive, in which the applicant is or has been licensed;
(4) one recent passport type photograph taken within the last six months before application filing;
(5) a nonrefundable certified check or money order.
(C) An application may be denied if the applicant has committed an act that would be grounds for disciplinary action under this chapter against a licensed animal health technician.
(D) A temporary permit may be issued to an examination applicant who has submitted:
(1) an application submitted to the board at least thirty days before the next scheduled examination;
(2) a certified copy of the applicant's transcript, indicating animal health technician degree, by a college accredited by the American Veterinary Medical Association;
(3) a certified copy of national board examination results achieving the criterion-referenced passing score in effect at the time of examination.
(4) a current and valid animal health technician license in another state verified from each state, active or inactive, in which the applicant is or has been licensed;
(5) one recent passport type photograph taken within the last six months before application filing;
(6) a nonrefundable certified check or money order;
(7) evidence of employment by a South Carolina veterinarian, verified in writing and received by the board showing the name, location of practice, and start date of employment.
(E) A temporary permit entitles the applicant to practice only until the board has acted upon the application for permanent license after the applicant completes the next regularly scheduled examination. A temporary permit is not renewable; however, the board may renew a temporary permit until the next scheduled examination if a person is unable to attend the examination due to extreme circumstances beyond his control.
(F) An applicant who fails the South Carolina Board examination may be reexamined by submitting an application to the board office and paying the appropriate nonrefundable examination fee no less than thirty days before the scheduled examination.
(G) A candidate must obtain a passing score of no less than seventy percent on the South Carolina examination in order to be certified as an animal health technician.
Section 40-69-84. (A) A senior veterinary student or an unlicensed veterinary graduate who has not practiced for a period of ninety days shall complete a ninety day internship under the supervision of a licensed veterinarian in good standing in any state, territory, or district of the United States or Canada.
(B) The supervising veterinarian shall submit a certification form stating that the applicant has satisfactorily completed the internship. The form is available upon request from the board office. A supervising veterinarian shall notify the board in writing immediately upon the termination of the student or graduate.
(C) An applicant may complete the internship by obtaining an intern permit from the board office. The intern permit, verified in writing and received by the board showing the name, location of practice and anticipated start date of employment, allows the applicant to practice under the immediate supervision of a licensed South Carolina veterinarian in good standing with the board.
(D) A supervising veterinarian is fully responsible for all practice by a student or graduate during the period of supervision and is subject to disciplinary action for a violation of this chapter or Chapter 1 by the student or graduate.
(E) A student or graduate shall identify himself or herself as an intern before practicing veterinary medicine.
Section 40-69-86. A veterinary intern permit may be issued to an examination applicant who:
(1) has filed an application with the board no less than thirty days before the next scheduled examination;
(2) has submitted an attested letter from the accredited veterinary medical college establishing senior status as of the date of the state examination. A graduate must provide a certified copy of the applicant's transcript, indicating veterinary degree, by a college approved by the American Veterinary Medical Association (AVMA). A graduate of a veterinary medical school outside the United States and Canada must have certification by the AVMA Educational Commission for Foreign Veterinary Graduates and shall submit proof of the certification being granted after December 31, 1972. A graduate of a school outside the United States and Canada which is accredited by the AVMA after 1977 at the time of graduation is exempt from this requirement;
(3) pays the nonrefundable required fee;
(4) is employed and under the immediate supervision of a board approved South Carolina veterinarian, verified in writing and received by the board showing the name, location of practice, and anticipated start date of employment.
A veterinary intern permit is not renewable and entitles the applicant to practice only until the board has acted upon the application for permanent license, completes the intern program, and completes the next regularly scheduled examination. However, the board may renew an intern permit until the next scheduled examination if a person is unable to attend the examination because of illness, accident, or other reasonable condition beyond the person's control.
Section 40-69-90. (A) Veterinary practice may be by sole practitioners, partnerships, or registered corporations. Only licensees may be partners in a partnership of veterinary practice.
(B) No corporation may do any act which an individual licensee is prohibited from doing, and every corporation practicing veterinary medicine is subject to all regulations applicable to individual or partnership practice and is subject to all disciplinary powers of the board. The services of veterinary corporation must be limited to veterinary services and 'such services as may be ancillary thereto' as provided in Section 40-69-30.
(C) The standard professional title for an individual or firm practice must be the proper name or names of some or all of the individual licensees who are partners, principals, or employed veterinarians of the firm or corporation. All practice names must have prior board approval in order to avoid duplication or confusion of firm names and to prevent use of names which might be misleading. No proper name of a person other than a licensee may be included in the office title or designation.
(D) The use of the title 'veterinarian' is permitted only to a graduate veterinarian or the approved name of a partnership or of a corporation. Plural titles, (proper names), may be used only in reference to two or more licensees who are partners, officers, or employed veterinarians of the firm or corporation.
The use of board certification designations is limited to veterinarians who have been certified by an American Veterinary Medical Association (AVMA) recognized board certification organization. A veterinarian may not advertise or use a specialty designation without an AVMA recognized board certification.
A person holding a certificate of registration or a license, permit, or other authority to practice veterinary medicine or to practice as an animal health technician in this State shall file his or her current mailing address with the board at its principal office and immediately shall notify the board at its principal office within thirty days of any and all changes of mailing address.
A veterinarian licensed to practice in this state conspicuously shall display at their primary place of practice a valid South Carolina license and a current license renewal certificate, at their primary place of business. The board also may issue a duplicate license to replace one that has been lost or destroyed upon payment of a fee set by regulation of the board. A duplicate license must have the word 'Duplicate' typed or printed across the face.
(E) A veterinarian has a responsibility to provide services which would include long-term hospitalization, surgery, radiology, and emergency services when it is necessary to relieve suffering, save life, and provide for the welfare of animals. If a veterinarian cannot always provide this full range of veterinary services, the veterinarian shall make referrals and join with colleagues in the area to see that this range of services is provided.
(F) A veterinarian-client-patient relationship is characterized by:
(1) the veterinarian assuming the responsibility for making medical judgements regarding the health of animals and the need for medical treatment and the client, owner, or other caretaker agreeing to follow the instructions of the veterinarian;
(2) the veterinarian possessing sufficient knowledge of animals to initiate at least a general or preliminary diagnosis of the medical condition of an animal which is evidenced by the veterinarian having recently seen and being personally acquainted with the keeping and care of the animal and has examined the animal or made medically appropriate and timely visits to the premises where the animal is kept;
(3) the practicing veterinarian being readily available for follow-up if the animal has an adverse reaction or the regimen of therapy fails.
Section 40-69-100. (A) A licensee shall apply for license renewal within thirty days after December thirty-first of each calendar year. The application shall include a renewal fee and the current name and address of the applicant and additional information as may be requested by the board. Failure to apply for renewal within thirty days results in automatic revocation of the license and a person who practices veterinary medicine after the revocation is practicing in violation of this chapter or Chapter 1.
The application for renewal of a lapsed license at any time within three years from the date of revocation must include payment of the prescribed renewal fee and an administration fee as prescribed by the board. Practice after revocation and before renewal is in violation of this Section and cause for disciplinary action as set forth in Section 40-1-140. After three years, reapplication for licensure must be made and an applicant must meet the requirements in effect at the time of application for a new license. Additionally, the board may require payment of all sums due in addition to the administration fee.
(B) All active and inactive licenses are valid for no more than two years, and the licensees shall renew the license whether or not a notice is received. To implement a biennial license renewal system:
(1) at the beginning of the first renewal period following July 1, 1996, one-half of all licenses must be renewed for a period of one year and thereafter will be renewed biennially;
(2) at the beginning of the same renewal period as in (1), the remaining one-half of all licenses must be renewed for two years;
(3) initial term for new licenses issued expire after December thirty-first after the end of the second year subsequent to the date of issue.
The holder of an individual license shall renew the license on a date designated by the board and shall pay the renewal fee and furnish proof to the board that the holder of the license has completed continuing education approved by the board.
Section 40-69-110. (A) As a prerequisite for renewal of a veterinary practitioner's license, a veterinarian must complete a minimum of fifteen contact hours and an animal health technician must complete five hours of continuing education by December thirty-first each year. Failure to satisfy this requirement results in automatic revocation of the license and a person who practices veterinary medicine after revocation is practicing in violation of this section. The continuing education requirement is waived for a licensed practitioner for the year in which the practitioner is first licensed.
(B) Credit hours may be earned through:
(1) programs offered by the American Veterinary Medical Association (AVMA), American Association of Animal Hospitals (AAHA), the South Carolina Veterinary Medical Association (SCVMA), state association-sponsored academies or AVMA recognized specialty boards, and approved schools of veterinary medicine must be approved under a blanket approval;
(2) other programs as may be approved by the board and submitted by written request to the board by the sponsor.
(C) Of the fifteen required hours, no more than four hours may be taken in practice management or practice building, and the remaining eleven hours must be in clinical medical courses.
(D) A provider or sponsor of continuing education must be approved by the board. A sponsor seeking approval for an educational program must submit a written request to the board at least ninety days before the scheduled date of the presentation.
Programs offered by the American Veterinary Medical Association (AVMA), American Association of Animal Hospitals (AAHA), the South Carolina Veterinary Medical Association (SCVMA), state association-sponsored Academies or AVMA recognized specialty boards, and approved schools of veterinary medicine shall be approved under a blanket approval. Other providers shall request approval on a form provided by the board, for each program on an annual basis.
(E) A provider shall furnish each participant adequate documentation of participation in the program and which must be signed by an authorized representative of the organization. The documentation shall include:
(1) name and license number of participant;
(2) name and address of provider:
(3) name of program;
(4) hours completed;
(5) date of program and location of program.
(E) A veterinarian must maintain a record of personal attendance at meetings qualifying for continuing education for a minimum of three years immediately preceding renewal. Providers must furnish and the veterinarian must maintain documentation which includes the name and license number of the participant, name of provider, name of program, hours completed, date of completion, authorized signature provided by sponsoring organization.
(F) Upon written request, a licensed veterinarian may apply for a waiver of the license renewal fee and other requirements for no more than three years due to a temporary medical disability which prevents the licensee from practicing veterinary medicine. Upon approval by the board, the licensee must be placed in an inactive status and the license held by the veterinarian no longer is valid. Subsequently, upon the licensee submitting to the board appropriate medical documentation showing that the licensee no longer suffers from the temporary disability preventing the practice of veterinary medicine, the licensee may apply to the board for reinstatement of the license without examination.
Section 40-69-120. (A) The board may deny, suspend, revoke, or otherwise restrict the license of a veterinarian or animal health technician or may reprimand or otherwise discipline licensees for violation of a principle of veterinary medical ethics and professional practices pursuant to the Code of Ethics, the American Veterinary Medical Association (AVMA) and in addition to those grounds stated in Section 40-1-110 a license may be denied or a licensee disciplined for:
(1) failing to display a license;
(2) misrepresenting the inspection of food for human consumption;
(3) using a false, fraudulent, or misleading statement in a document connected with the practice of veterinary medicine;
(4) obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances;
(5) failing to provide and maintain facilities as directed by regulations promulgated pursuant to this chapter;
(6) refusing to permit the board or a legal representative of the board to inspect the business premises of the licensee during regular business hours;
(7) being convicted of a charge of cruelty to animals;
(8) being convicted of a federal or state law relating to narcotic drugs;
(9) misusing a controlled substance for other than specific treatment of an animal patient;
(10) having been adjudged mentally incompetent by a court of competent jurisdiction; upon notice of a legal determination of incompetency, an individual's license is automatically suspended until the individual is adjudged legally competent;
(11) failing to report, as required by law, or making a false report of a contagious or infectious disease;
(B) Information received by the board through inspections and investigations is confidential and must not be disclosed except in a proceeding involving the issuance, denial, renewal, suspension, or revocation of a license.
Section 40-69-130. (A) Investigations and hearings must be conducted in accordance with Section 40-1-80.
(B) Restraining orders and cease and desist orders must be issued in accordance with Section 40-1-100.
(C) Upon determination by the board that one or more of the grounds for disciplining a licensee or permittee exist, as provided for in Section 40-1-110, the board may, in addition to the actions provided for in Section 40-1-120 impose a fine not to exceed $10,000.
(D) A licensee or permittee who is under investigation for a ground provided for in Section 40-1-110 for which the board may take disciplinary action may voluntarily surrender the license or permit to the board in accordance with Section 40-1-150.
(E) A person aggrieved by an action of the board may seek review of the decision in accordance with the provision of Section 40-1-160.
Section 40-69-140. A person who practices or attempts to practice veterinary medicine for consideration in this State without first having complied with this chapter, or who knowingly presents to or files false information with the board for the purpose of obtaining a license, is guilty of a misdemeanor and upon conviction must be fined not less than five hundred or more than twenty-five hundred dollars or imprisoned for not less than thirty days. Each act of unlawful practice constitutes a separate offense.
Section 40-60-150. No person may engage in the practice of veterinary medicine in this State without a current and valid license for that purpose issued by the board. Nothing in this chapter may be construed to prohibit:
(1) a person who is a student, technician, or instructor in a legally chartered educational institution from the performance of those duties and actions conducted as a responsibility in teaching and research;
(2) a veterinarian holding a current and valid license in another state from acting as a consultant with a licensed veterinarian of this State;
(3) a veterinarian who is a member of the Armed Forces of the United States or who is an employee of the United States Department of Agriculture, the United States Public Health Service, or another federal agency or the State of South Carolina or a political subdivision of the State from performing official duties in accordance with this employment;
(4) a person or a person's employee from administering to his own animals, except when ownership is so vested for the purpose of circumventing this chapter and except when the employee is employed for the purpose of circumventing this chapter. However, the administration to the animal must be in compliance with all federal, state, and local laws;
(5) state or federal agencies, accredited schools, research institutions, foundations, corporations or employees of these, which or who conduct experiments and scientific research using animals, from conducting experiments or research using animals if the research or testing is performed in compliance with all federal, state, and local laws;
(6) a person from performing artificial insemination to animals;
(7) initiation of prescribed emergency procedures in life threatening situations by an animal health technician employed by a licensed veterinarian;
(8) a merchant from selling at the merchant's regular place of business medicines, feed, appliances, or other animal health products if all sales are made in compliance with federal, state, and local laws and in accordance with regulations promulgated under this chapter."
SECTION 2. This act takes effect July 1, 1996./
Amend title to conform.
Rep. WILKES explained the amendment.
Rep. DANTZLER spoke in favor of the amendment.
The amendment was then adopted.
Reps. WITHERSPOON, RHOAD, RISER and KOON proposed the following Amendment No. 2, which was adopted.
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/SECTION ___. Notwithstanding any other provision of law or regulation to the contrary, rabies vaccine may be bought or sold without the necessity of prescription. Anyone may inoculate his own animals against rabies.
Renumber sections to conform.
Rep. KOON explained the amendment.
The amendment was then adopted.
Reps. MEACHAM, KIRSH, NEAL, SIMRILL, MOODY-LAWRENCE, DELLENEY, McCRAW and SCOTT objected to the Bill.
The following Joint Resolution was taken up.
H. 4343 -- Reps. D. Smith, Littlejohn, Walker, Allison, Haskins, Jennings, Hutson, Cain, Harrison, Vaughn, Wilder, Law, Simrill, Herdklotz, Kirsh, Limbaugh, Gamble, Richardson and Meacham: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICES BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE ON THE DATE OF THE RATIFICATION OF THIS SECTION AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED ONTO OTHER STATE CONSTITUTIONAL OFFICES IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.
Rep. SCOTT objected to the Joint Resolution.
Reps. D. SMITH and HARRISON proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3690DW.96), which was adopted.
Amend the joint resolution, as and if amended, page 1, Section 7A, SECTION 1, beginning on line 27 by striking /the date of the ratification of this section/ and inserting:
/July 1, 1997/.
Amend further, page 1, SECTION 1, beginning on line 29 by striking, /upon the remaining state constitutional offices/.
Amend further, page 1, SECTION 2, line 40, by striking /the date of the ratification of this amendment/ and inserting: /July 1, 1997,/
Amend further, beginning on page 1, line 41, and page 2, line 1, by striking /upon the remaining state constitutional offices/.
Amend further by striking the title before the enacting clause and inserting:
/PROPOSING AN AMENDMENT TO ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICES BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE ON JULY 1, 1997, AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW./
Amend title to conform.
Rep. D. SMITH explained the amendment.
Rep. KNOTTS objected to the Joint Resolution.
The amendment was then adopted.
Rep. KNOTTS spoke against the Joint Resolution.
Rep. KNOTTS moved to adjourn debate upon the Joint Resolution until Wednesday, May 1.
Rep. HARRISON moved to table the motion, which was agreed to by a division vote of 52 to 21.
Reps. WHATLEY, CAVE, NEAL, COTTY, D. SMITH, HARRISON, LIMBAUGH, LANFORD, R. SMITH, WALKER, HASKINS and VAUGHN objected to the Joint Resolution.
The following Joint Resolution was taken up.
H. 4812 -- Reps. McElveen, Harrison, Wilkins and Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 21, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REQUIREMENT THAT NEITHER HOUSE DURING THE SESSION OF THE GENERAL ASSEMBLY SHALL ADJOURN WITHOUT THE CONSENT OF THE OTHER FOR MORE THAN THREE DAYS, SO AS TO CHANGE THIS PERIOD TO SEVEN DAYS AND PROVIDE THAT THIS REQUIREMENT IS NOT APPLICABLE TO A PARTICULAR HOUSE IF THERE ARE NO PENDING MESSAGES FROM THE GOVERNOR ON THE CALENDAR OF THAT HOUSE OR IF THERE ARE NO BILLS OR JOINT RESOLUTIONS FROM THE OTHER HOUSE ON THE CONTESTED OR UNCONTESTED CALENDAR OF THAT HOUSE FOR SECOND OR THIRD READING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 21, Article III of the Constitution of this State be amended to read:
"Section 21. Neither house, during the session of the General Assembly, shall, adjourn without the consent of the other, adjourn for more than three seven days unless there are no pending messages from the Governor on the calendar of that house or bills or joint resolutions from the other house on the contested or uncontested calendar of that house for second or third reading, nor to any other place than that in which it shall be at the time sitting."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 21, Article III of the Constitution of this State relating to the requirement that neither house during the session of the General Assembly shall adjourn without the consent of the other for more than three days be amended so as to change this period to seven days and provide that this requirement is not applicable to a particular house if there are no pending messages from the Governor on the calendar of that house or if there are no bills or joint resolutions from the other house on the contested or uncontested calendar of that house for second or third reading?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Rep. D. SMITH explained the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Breeland Brown, G. Brown, H. Brown, J. Byrd Cain Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Davenport Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Harvin Haskins Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin Mason McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. White Wilder Wilkins Williams Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
So, the Joint Resolution having received the necessary two-thirds vote was passed and ordered to third reading.
The following Bill was taken up.
S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler, Cork, Moore, Ryberg, O'Dell and Alexander: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
Reps. D. SMITH and HARRISON proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10784DW.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/SECTION 1. Section 1-1-10 of the 1976 Code is amended to read:
"Section 1-1-10. The sovereignty and jurisdiction of this State extends to all places within its bounds, which are hereby declared to be as follows:
The northern line beginning at a point at the low-water mark of the Atlantic Ocean on the eastern shore of Bird Island, runs in a northwest direction through monuments established at latitude 33._ 51_ 07.8792" N., longitude 78_ 32_ 32.6210" W., at latitude 33_ 51_ 36.4626" N., longitude 78_ 33_ 06.1937" W., and at latitude 33_ 51_ 50.7214" N., longitude 78_ 33_ 22.9448" W., (coordinates based on North American Datum 1927), following existing monuments to a stake in a meadow; thence, in a direction due west, a distance of sixty-two miles, to a point where it intersects the Charleston Road (at sixty-one miles) near the Waxhaw Creek; thence N. 2_ 12 1 /2_ E. eight miles to a gum tree on the southeastern corner of the Catawba Indian Reservation as laid out in 1764; thence following the eastern and northern boundary lines of said Catawba Indian Reservation to where such northern boundary line crosses the thread of the Catawba River; thence up the thread of said river to the confluence of the north and south forks thereof; thence west to a stone on Tyron Mountain marked "S. C. and N. C., September 15th, 1815"; thence from said stone set up and marked "S. C. and N. C., September 15, 1815" west four miles and ninety poles to a stone marked "S. C. and N. C."; thence S. 25_ W. 118 poles to a chestnut tree on the top of a ridge dividing the waters of the north fork of the Pacolet River from the waters of the north fork of the Saluda River; thence along the various courses of said ridge (agreeably to the plat and survey of the commissioners and surveyors accompanying their report, dated November 2, 1815) to the ridge that divides the Saluda waters from those of Green River; thence along the various courses of said ridge, agreeably to said plat and survey, to a stone set up where said river joins the ridge which divides the eastern and western waters which is marked "S. C. and N. C., September 28th, A.D. 1815"; thence along the various courses of said ridge, agreeably to said plat and survey, to a stone set up on that part of it which is intersected by the Cherokee boundary line, run in the year 1797, and which stone is marked "S. C. and N. C., 1813"; and from the said last-mentioned stone on the top of said ridge, at the point of intersection aforesaid, a direct line S. 68 1/4_ W. 20 miles and 11 poles to the thirty-fifth degree of north latitude at the rock in the east bank of the Chattooga River marked "Latitude thirty-five degrees, A.D. 1813" which line, from the termination of the line of 1772 to the Chattooga River, is in all a distance of twenty-four miles and one hundred and eighty-nine poles.
The lateral seaward boundary between North Carolina and South Carolina from the low-water mark of the Atlantic Ocean shall be and is hereby designated as a continuation of the North Carolina-South Carolina boundary line as described by monuments located at latitude 33_ 51_ 50.7214" N., longitude 78_ 33_ 22.9448" W., at latitude 33_ 51_ 36.4626" N., longitude 78_ 33_ 06.1937" W., and at latitude 33_ 51_ 07.8792" N., longitude 78_ 32_ 32.6210" W., (coordinates based on North American Datum 1927), in a straight line projection of said line to the seaward limits of the states' territorial jurisdiction, such line to be extended on the same bearing insofar as a need for further delimitation may arise.
From the state of Georgia, this State is divided by the Savannah River, from its entrance into the ocean at the point where the northern edge of the navigable channel of the Savannah River intersects the seaward limit of the state's territorial jurisdiction; thence generally along the northern edge of the navigable channel up the Savannah River; thence along the northern edge of the sediment basin to the Tidegate; thence to the confluence of the Toogaloo Tugaloo and Seneca Rivers; thence up the Toogaloo Tugaloo River to the confluence of the Tallulah and the Chattooga Rivers; thence up the Chattooga River to the 35th parallel of north latitude, which is the boundary of North Carolina, the line being midway between the banks of said respective rivers when the water is at ordinary stage, except in the lower reaches of the Savannah River, as hereinafter described. And when the rivers are broken by islands of natural formation which, under the Treaty of Beaufort, are reserved to the state of Georgia, the line is midway between the island banks and the South Carolina banks when the water is at ordinary stage, except in the lower reaches of the Savannah River, as hereinafter described.
On the east the State is bounded by the Atlantic Ocean, from the mouth of the Savannah River to the northern boundary, near the mouth of Little River, including all islands.
The boundary between Georgia and South Carolina along the lower reaches of the Savannah River, and the lateral seaward boundary, is more particularly described as follows:
Beginning at a point where the thread of the northernmost branch of the Savannah River equidistant between its banks intersects latitude 32_ 07_ 00" N., (North American Datum 1983-86), located in the Savannah River, and proceeding in a southeasterly direction down the thread of the Savannah River equidistant between the banks of the Savannah River on Hutchinson Island and on the mainland of South Carolina including the small downstream island southeast of the aforesaid point, at ordinary stage, until reaching the vicinity of Pennyworth Island;
Proceeding thence easterly down the thread of the northernmost channel of the Savannah River known as the Back River as it flows north of Pennyworth Island, making the transition to the said northernmost channel using the equidistant method between Pennyworth Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank, thence to the thread of the said northernmost channel equidistant from the South Carolina mainland bank and Pennyworth Island at ordinary stage, around Pennyworth Island;
Proceeding thence southeasterly to the thread of the northern channel of the Savannah River equidistant from the Georgia bank on Hutchinson Island and the South Carolina mainland bank, making the transition utilizing the equidistant method between Pennyworth Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank;
Proceeding thence southeasterly down the thread of the Savannah River equidistant from the Hutchinson Island and South Carolina mainland banks of the river at ordinary stage, through the tide gates, until reaching the northwestern (farthest upstream) boundary of the 'Back River Sediment Basin', as defined in the 'Annual Survey-1992, Savannah Harbor, Georgia, U. S. Coastal Highway, No. 17 to the Sea', U. S. Army Corps of Engineers, Savannah District as amended by the Examination Survey-1992 charts for the Savannah Harbor Deepening Project, Drawings No. DSH 112/107, (hereinafter the 'Channel Chart');
Proceeding thence along the said northwestern boundary to its intersection with the northern boundary of the Back River Sediment Basin; thence southeasterly until said northern boundary intersects the northern boundary of the main navigational channel as depicted on the Channel Chart at the point designated as SR-34 (latitude 32_ 05_ 01.440" N., longitude 081_ 02_ 17.252" W., North American Datum (NAD) 1983-86);
Proceeding thence toward the mouth of the Savannah River along the northern boundary of the main navigational channel at the new channel limit as depicted on the Channel Chart, via Oglethorpe Range through point SR-33 (latitude 32_ 05_ 17.168" N., longitude 081_ 01_ 34.665" W., NAD 1983-86), Fort Jackson Range through point SR-32 (latitude 32_ 05_ 30.133" N., longitude 081_ 01_ 17.750" W., NAD 1983-86), the Bight Channel through points SR-31 (latitude 32_ 05_ 55.631" N., longitude 081_ 01_ 02.480" W., NAD 1983-86), SR-30 (latitude 32_ 06_ 06.272" N., longitude 081_ 00_ 44.802" W., NAD 1983-86), SR-29 (latitude 32_ 06_ 09.053" N., longitude 081_ 00_ 31.887" W., NAD 1983-86), SR-28 (latitude 32_ 06_ 08.521" N., longitude 081_ 00_ 15.498" W., NAD 1983-86), and SR-27 (latitude 32_ 06_ 01.565" N., longitude 080_ 59_ 58.406" W., NAD (1983-86), Upper Flats Range through points SR-26 (latitude 32_ 05_ 41.698" N., longitude 080_ 59_ 31.968" W., NAD 1983-86) and SR-25 (latitude 32_ 05_ 02.819" N., longitude 080_ 59_ 12.644" W., NAD 1983-86), Lower Flats Range through points SR-24 (latitude 32_ 04_ 46.375" N., longitude 080_ 59_ 00.631" W., NAD 1983-86), SR-23 (latitude 32_ 04_ 40.209" N., longitude 080_ 58_ 49.947" W., NAD 1983-86), SR-22 (latitude 32_ 04_ 28.679" N., longitude 080_ 58_ 18.895" W., NAD 1983-86), and SR-21 (latitude 32_ 04_ 22.274" N., longitude 080_ 57_ 34.449" W., NAD 1983-86), Long Island Crossing Range through points SR-20 (latitude 32_ 04_ 13.042" N., longitude 080_ 57_ 14.511" W., NAD 1983-86), and SR-19 (latitude 32_ 02_ 30.984" N., longitude 080_ 55_ 30.308" W., NAD 1983-86) and New Channel Range following the northern boundary of the Rehandling Basin and the northern boundary of the Oyster Bed Island Turning Basin back to the northern edge of the main navigational channel, thence through points SR-17 (latitude 32_ 02_ 07.661" N., longitude 080_ 53_ 39.379" W., NAD 1983-86) and SR-16 (latitude 32_ 02_ 07.533" N., longitude 080_ 53_ 31.663" W., NAD 1983-86), to a point at latitude 32_ 02_ 08" N., longitude 080_ 53_ 25" W., NAD 1983-86 (now marked by Navigational Buoy "24") near the eastern end of Oyster Bed Island;
Proceeding thence from a point at latitude 32_ 02_ 08" N., longitude 080_ 53_ 25" W., NAD 1983-86 (now marked by Navigational Buoy R "24") on a true azimuth of 0_ 0_ 0" (true north) to the mean low low-water line of Oyster Bed Island; thence easterly along the said mean low low-water line of Oyster Bed Island to the point at which the said mean low low-water line of Oyster Bed Island intersects the Oyster Bed Island Training Wall;
Proceeding thence easterly along the mean low low-water line of the southern edge of the Oyster Bed Island Training Wall to its eastern end; thence continuing the same straight line to its intersection with the Jones Island Range line;
Proceeding thence southeasterly along the Jones Island Range line until reaching the northern boundary of the main navigational channel as depicted on the Channel Chart;
Proceeding thence southeasterly along the northern boundary of the main navigational channel as depicted on the Channel Chart, via Jones Island Range and Bloody Point Range, to a point at latitude 31_ 59_ 48.0" N., longitude 080_ 47_ 01.5" W., NAD 1983-86 (now marked by Navigational Buoy "6"); and finally,
Proceeding from a point at latitude 31_ 59_ 48.0" N., longitude 080_ 47_ 01.5" W., NAD 1983-86 (now marked by Navigational Buoy "6") extending southeasterly to the federal-state boundary on a true azimuth of 104 degrees (bearing of S76_E), which describes the line being at right angles to the baseline from the southernmost point of Hilton Head Island and the northernmost point of Tybee Island, drawn by the Baseline Committee in 1970.
Should the need for further delimitation arise, the boundary shall further extend southeasterly on above-described true azimuth of 104 degrees (bearing of S76_E).
Provided, further, that nothing in this section shall in any way be considered to govern or affect in any way the division between the states of the remaining assimilative capacity that is, the capacity to receive wastewater and other discharges without violating water quality standards, of the portion of the Savannah River described in this section."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
Reps. HODGES, BOAN and HARRISON proposed the following Amendment No. 2 (Doc Name P:\amend\PT\2466DW.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ______. For the General Election of 1996 only, the deadline for making available fingerprint records to the State Law Enforcement Division by candidates for sheriff pursuant to provisions of Section 23-11-110(A)(7) of the 1976 Code and the deadline for filing the sworn affidavit with the county executive committee pursuant to the provisions of Section 23-11-110(B)(1) is extended until noon forty-five days before the general election./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4865 -- Reps. Law, Cato, Bailey, Wofford, H. Brown, Dantzler, Young-Brickell and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; AND BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22684CM.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 38-75-310 of the 1976 Code, as last amended by Act 504 of 1994, is further amended by adding:
"(7) 'Seacoast area' means all areas within Horry, Georgetown, Berkeley, Charleston, Dorchester, Colleton, Beaufort, and Jasper Counties."/
Amend further by adding an appropriately numbered SECTION to read:
/SECTION __. Section 38-73-910 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding at the end:
"However, a private insurer licensed to underwrite essential property insurance as defined by Section 38-75-310(1), notwithstanding any limitations included within this title, may file and use, pursuant to the provisions of Section 38-73-1095, any rates which result in insurance premium rates of ninety percent, or less, of the insurance premium rates then approved for the South Carolina Wind and Hail Underwriting Association for use within the coastal area of South Carolina as defined by Section 38-75-310(5)."/
Amend further by adding an appropriately numbered SECTION to read:
/SECTION __. Section 38-73-920 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding at the end:
"However, a private insurer licensed to underwrite essential property insurance as defined by Section 38-75-310(1), notwithstanding any limitations included within this title, may file and use, pursuant to the provisions of Section 38-73-1095, any rates which result in insurance premium rates of ninety percent, or less, of the insurance premium rates then approved for the South Carolina Wind and Hail Underwriting Association which result in an insurance premium increase for any policyholder situated within a coastal area of South Carolina as defined by Section 38-75-310(5) not more than once in any six-month period."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. LAW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4392 -- Reps. Byrd, Moody-Lawrence, J. Brown, Lloyd, Kinon, J. Hines, T. Brown, Harvin, Cobb-Hunter, White and Cave: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 125 TO ENACT THE OSTEOPOROSIS PREVENTION AND TREATMENT EDUCATION ACT SO AS TO ESTABLISH THE OSTEOPOROSIS EDUCATION FUND TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO ESTABLISH THE PURPOSE OF THE FUND AND THE DEPARTMENT'S RESPONSIBILITIES IN CARRYING OUT THE PURPOSE OF THE FUND.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9262AC.96), which was adopted.
Amend the bill, as and if amended, Section 44-125-30, page 2, line 6, before the /:/ by inserting /, if funds are available from the Osteoporosis Education Fund/, so that when amended the section reads:
/Section 44-125-30. To implement the purposes of the fund the department may establish an Osteoporosis Prevention and Treatment Education Program and may, if funds are available from the Osteoporosis Education Fund:
(1) conduct a statewide needs assessment to identify:
(a) available technical assistance and educational materials and programs nationwide;
(b) the level of public and professional awareness about osteoporosis;
(c) the needs of osteoporosis patients and of their families and caregivers;
(d) needs of health care providers;
(e) the services available to osteoporosis patients;
(f) existence of osteoporosis treatment programs;
(g) existence of osteoporosis support groups;
(h) existence of osteoporosis rehabilitation services;
(i) number and location of bone density testing equipment;
(2) design and implement strategies for raising public awareness of the causes and nature of osteoporosis, personal risk factors, the value of prevention and early detection, and options for diagnosing and treating osteoporosis;
(3) develop and work with other state and local agencies in presenting educational programs for physicians and other health professionals on the most up-to-date, accurate scientific and medical information on osteoporosis prevention, diagnosis, treatment, and therapeutic decision-making including, but not limited to, guidelines for detecting and treating the disease in special populations, risks and benefits of medications, and research advances; and
(4) develop, maintain, and make available a list of osteoporosis-related services and osteoporosis health care providers with specialization in services to prevent, diagnose, and treat osteoporosis./
Amend further, Section 44-125-40, page 2, line 37, before the /:/ by inserting /, if funds are available from the Osteoporosis Education Fund/, so that when amended the section reads:
/Section 44-125-40. Additionally the department, in carrying out its responsibilities under this chapter, may, if funds are available from the Osteoporosis Education Fund:
(1) employ qualified staff to implement the Osteoporosis Prevention and Treatment Education Program established by Section 44-125-10;
(2) provide appropriate training for staff of the Osteoporosis Prevention and Treatment Education Program;
(3) work to improve the capacity of community-based services available to osteoporosis patients;
(4) work with other state and local governmental offices, community and business leaders, community organizations, health care and human service providers, and national osteoporosis organizations to coordinate efforts and maximize state resources in the areas of education, prevention, and treatment of osteoporosis.
(5) identify and, when appropriate, replicate or use successful osteoporosis programs and procure related materials and services from organizations with appropriate expertise and knowledge of osteoporosis./
Renumber sections to conform.
Amend title to conform.
Rep. WILDER explained the amendment.
Rep. WILDER continued speaking.
Rep. ROBINSON moved to adjourn debate upon the Bill until Wednesday, April 24.
Rep. SCOTT moved to table the motion, which was agreed to by a division vote of 32 to 16.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4968 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE CONTRIBUTION TO THE SPORT OF WOMEN'S BASKETBALL MADE BY SAUDIA ROUNDTREE OF ANDERSON IN HER INCREDIBLE PLAYING CAREER AT THE UNIVERSITY OF GEORGIA AND IN HER YEARS AT ANDERSON'S WESTSIDE HIGH SCHOOL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4969 -- Rep. Wright: A HOUSE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR THE YEOMAN SERVICE OF MR. RICHARD WINCHELL IN HIS TIRELESS EFFORTS ON BEHALF OF SOUTH CAROLINA TAXPAYERS.
The Resolution was adopted.
The following Bill was taken up.
H. 4404 -- Rep. Richardson: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERAN'S AFFAIRS OFFICERS, SO AS TO PROVIDE THAT BY RESOLUTION OF THE COUNTY LEGISLATIVE DELEGATION, THE AUTHORITY TO RECOMMEND THE APPOINTMENT OR REMOVAL OF THESE OFFICERS MAY BE DEVOLVED ON THE GOVERNING BODY OF THE COUNTY AND TO PROVIDE THOSE CIRCUMSTANCES UNDER WHICH THIS DEVOLUTION MAY BE REVERSED.
Rep. BREELAND explained the Bill.
Rep. COOPER moved to table the Bill, which was agreed to.
The following Bill was taken up.
H. 4677 -- Reps. Limehouse, Cain and Robinson: A BILL TO AMEND SECTION 52-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING THAT CERTAIN ATHLETES POSSESS A PHYSICIAN'S CERTIFICATE BEFORE A SPORTS EVENT AND THE ATTENDANCE OF A PHYSICIAN AT THE RINGSIDE OF A BOXING EVENT, SO AS TO REQUIRE THE PHYSICIAN'S CERTIFICATE TO STATE THAT THE PARTICIPANT IS FREE OF THE HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND THE ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS).
Debate was resumed on Amendment No. 1, which was proposed on Thursday, April 18, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. WILDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4702 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND TITLE 44, CHAPTER 36, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALZHEIMER'S DISEASE, BY ADDING ARTICLE 5 TO ENACT THE "ALZHEIMER'S SPECIAL CARE DISCLOSURE ACT" SO AS TO REQUIRE CERTAIN FACILITIES OFFERING SPECIAL CARE UNITS OR PROGRAMS FOR ALZHEIMER'S PATIENTS TO DISCLOSE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE FORM OF CARE OR TREATMENT PROVIDED THAT DISTINGUISHES IT AS BEING ESPECIALLY SUITABLE FOR THESE PATIENTS.
The Medical, Military, Public & Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9244AC.96), which was adopted.
Amend the bill, as and if amended, page 1, by striking lines 22 through 34.
Amend further, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Alzheimer's Special Care Disclosure Act".
SECTION 2. Chapter 36, Title 44, of the 1976 Code, as amended, is further amended by adding:
Section 44-36-510. This article may be cited as the 'Alzheimer's Special Care Disclosure Act'.
Section 44-36-520. A nursing home, community residential care facility, or day care facility for adults licensed by the Department of Health and Environmental Control which offers to provide or provides an Alzheimer's special care unit or program must include in its policies and procedures and disclose to the responsible party seeking a placement within the Alzheimer's special care unit or program, the form of care or treatment provided that distinguishes it as being especially applicable to or suitable for persons with Alzheimer's disease. The information that distinguishes the form of care or treatment shall include criteria for admission, transfer, and discharge; care planning; staffing patterns; staff training; physical environment; resident and participant activities; family role in care; and unique costs to the resident or participant associated with specialized service delivery."
SECTION 3. This act takes effect January 1, 1997./
Renumber sections to conform.
Amend title to conform.
Rep. BREELAND explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. YOUNG-BRICKELL moved that the House recede until 2:15 P.M., which was adopted.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following Bill was taken up.
H. 4957 -- Reps. Harrell, Wilkins, Townsend, Kelly, Hutson, Limehouse, Cobb-Hunter, Wilder, Jennings, Howard, Stoddard, Lloyd, Knotts, Shissias, Herdklotz, Mason, H. Brown, Loftis, Govan, Neal, Law, Littlejohn, McElveen, Meacham, Cain, Kennedy, Hallman, J. Harris, Carnell, Dantzler, Cotty, Easterday, Walker, Young-Brickell, Klauber, Allison, R. Smith, Sheheen, Wells, Spearman, Stille, Sandifer, Sharpe, P. Harris, Riser, Tucker, Keegan, Stuart, Byrd, Chamblee, Neilson, Baxley, McCraw, Richardson, Koon, Gamble, J. Hines, Wofford, Wright, Vaughn, Keyserling, Jaskwhich, McMahand, Kinon, Askins, Rice, Waldrop, Seithel, M. Hines, Limbaugh, Harrison, Cato, Davenport, Hodges, Lanford, Thomas, Lee, J. Young, Fleming and Witherspoon: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 50 SO AS TO PROVIDE FOR THE ISSUANCE OF "PUBLIC EDUCATION: A GREAT INVESTMENT" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.
Reps. ROBINSON, LIMBAUGH, D. SMITH, RICE and SIMRILL proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3696CM.96), which was adopted.
Amend the bill, as and if amended, Section 56-3-7980, SECTION 1, page 1, by striking lines 34 through 39 and inserting:
/license plate is fifty-four dollars which must be distributed to the school districts where the purchasers of the license plates reside and spent at the school districts' discretion. The commemorative plate must be of/
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. HARRELL spoke against the amendment.
Reps. SIMRILL and McELVEEN spoke in favor of the amendment.
Rep. KELLEY spoke against the amendment.
Rep. HARRELL moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Brown, H. Brown, T. Cain Clyburn Cotty Cromer Fleming Gamble Govan Harrell Harrison Hines, J. Hines, M. Jennings Keegan Kelley Kirsh Knotts Lanford Limehouse Littlejohn McKay McMahand McTeer Neilson Riser Sharpe Shissias Smith, R. Spearman Stille Stuart Townsend Tripp Waldrop Whipper, L. Whipper, S. Wilkins Witherspoon Wright
Those who voted in the negative are:
Allison Bailey Baxley Boan Cato Cave Chamblee Cooper Dantzler Davenport Delleney Easterday Hallman Harris, J. Haskins Hodges Howard Hutson Jaskwhich Keyserling Kinon Koon Law Lee Limbaugh Lloyd Marchbanks Mason McCraw McElveen Moody-Lawrence Phillips Rice Robinson Sandifer Scott Seithel Sheheen Simrill Smith, D. Stoddard Thomas Trotter Vaughn Walker Wells Whatley White Wilder Wilkes Williams Wofford Young Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, April 18, by the Committee on Judiciary.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 1022 -- Senators McConnell, Passailaigue, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-140 SO AS TO PROVIDE THAT JUNE TWENTY-EIGHTH OF EACH YEAR IS "CAROLINA DAY" IN SOUTH CAROLINA, COMMEMORATING THE ANNIVERSARY OF THE BATTLE OF FORT SULLIVAN IN 1776.
The following Bill was taken up.
H. 4624 -- Reps. McKay, Sharpe, Limbaugh, Wells, Spearman and Askins: A BILL TO AMEND TITLE 48, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-65 SO AS TO AUTHORIZE OPEN BURNING OF LEAVES, TREE BRANCHES, AND YARD TRIMMINGS ONLY UNDER CERTAIN CONDITIONS; AND TO AUTHORIZE CAMPFIRES ONLY FOR RECREATIONAL PURPOSES OR HUMAN WARMTH.
Rep. McKAY explained the Bill.
Reps. STUART, CROMER, WITHERSPOON, MARCHBANKS, LOFTIS, SIMRILL, CAIN and RISER objected to the Bill.
The following Bill was taken up.
H. 4372 -- Reps. Lanford, Herdklotz, Bailey and Clyburn: A BILL TO AMEND SECTIONS 49-11-10 AND 49-11-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS AGAINST OVERFLOWING OR KEEPING WATER UPON THE LAND OF ANOTHER PERSON, SO AS TO PROVIDE THAT RELEASING RESERVED WATER MAY NOT INJURE THE PROPERTY OF ANOTHER AND TO AUTHORIZE A CIVIL ACTION FOR INJUNCTIVE RELIEF AND MONETARY DAMAGES FOR VIOLATIONS.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, April 18, by Rep. LANFORD.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH AUTISM.
Rep. JASKWHICH explained the Bill.
H. 4584 -- Reps. Cooper, H. Brown, Fulmer, Knotts, Young-Brickell, Wofford, Hallman, Quinn, Cato, P. Harris, Harrell and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB OR INTERFERE OR REMOVE MONUMENTS OR MEMORIALS FOR WAR VETERANS AND PROVIDE A PENALTY.
Rep. COOPER explained the Bill.
S. 1217 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO STUDENT AND INSTITUTION ASSISTANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1840, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. STILLE explained the Joint Resolution.
H. 4963 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-2550 SO AS TO CREATE A DISTRIBUTION SYSTEM OF TTY'S AND OTHER RELATED TELECOMMUNICATIONS; TO AMEND SECTION 58-9-2510, RELATING TO DEFINITIONS FOR TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS, SO AS TO DEFINE THE TERM DUAL SENSORY IMPAIRED PERSON AND TO DEFINE THE ACRONYM "TTY" AS A KEYBOARD MECHANISM ATTACHED TO OR IN PLACE OF A STANDARD TELEPHONE USED TO TRANSMIT OR RECEIVE SIGNALS THROUGH TELEPHONE LINES; TO AMEND SECTION 58-9-2520, RELATING TO THE STATEWIDE PROGRAM WHICH PROVIDES TELEPHONE ACCESS TO PERSONS WHO ARE SPEECH OR HEARING IMPAIRED, SO AS TO EXPAND THE SCOPE OF THE STATEWIDE ACCESS PROGRAM; AND TO AMEND SECTION 58-9-2530, RELATING TO FUNDING OF THE DUAL PARTY RELAY SYSTEM, SO AS TO ALLOW A MONTHLY CHARGE ON ALL RESIDENTIAL AND BUSINESS LOCAL EXCHANGE ACCESS FACILITIES TO FUND A DISTRIBUTION SYSTEM OF TTY'S AND OTHER RELATED TELECOMMUNICATIONS DEVICES IN THIS STATE.
Rep. TOWNSEND explained the Bill.
H. 4965 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO THE DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1905, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution.
The following Joint Resolution was taken up.
H. 4453 -- Reps. Townsend, Stille, Cooper, Trotter and Cato: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Rep. STILLE explained the Joint Resolution and moved to adjourn debate upon the Joint Resolution until Wednesday, April 24, which was adopted.
The following Bill was taken up.
H. 4746 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-5-15 SO AS TO PROVIDE THAT INSTITUTIONS OF HIGHER EDUCATION THAT FOLLOW ACADEMIC SCHEDULES MAY ESTABLISH LEGAL HOLIDAYS FOR THEIR EMPLOYEES DIFFERENT FROM THOSE PROVIDED BY LAW SO LONG AS THE TOTAL NUMBER OF HOLIDAYS IN ANY CALENDAR YEAR DOES NOT EXCEED THE TOTAL NUMBER OF LEGAL HOLIDAYS ALLOWED.
Rep. STILLE explained the Bill and moved to adjourn debate upon the Bill until Wednesday, April 24, which was adopted.
The following Joint Resolution was taken up.
S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Rep. STILLE explained the Joint Resolution.
Rep. STILLE continued speaking.
Rep. COTTY objected to the Joint Resolution.
Rep. STILLE continued speaking.
Rep. WILKINS made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one statewide day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22677SD.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-144-10. Funds available from the Children's Education Endowment Fund, as established in Chapter 143 of this title, must be used for public school facilities assistance as provided in this chapter.
Section 59-144-20. For the benefit of the people of the State and the increase of their commerce, welfare, and prosperity, it is essential that the school districts of this State be assisted in obtaining adequate school facilities to assist youth in achieving the required levels of learning. It is the purpose of this chapter to provide a measure of assistance to the school districts of this State in securing the facilities and structures which are needed to accomplish the goals and purposes of public education, all to the public benefit and good, to the extent and manner provided in this chapter.
Section 59-144-30. Funds made available through this chapter must be used for permanent school instructional facilities and fixed equipment including the costs for construction, improvement, enlargement, or renovation of public school facilities. The district may use its allocation for payment of debt service provided that the debt service relates to school facilities as defined herein. As used in this chapter, 'school facilities' only includes facilities necessary for instructional and related purposes including, but not limited to, classrooms, libraries, media centers, laboratories, cafeterias, physical education spaces, related interior and exterior facilities, and the conduit, wiring, and powering of hardware installations for classroom computers or for area network systems. 'School facilities' does not include unimproved real property, centralized district administration facilities, or other facilities, including those normally identified with interscholastic sports activities.
Section 59-144-100. (A) Funds made available under this chapter must be allocated annually to the school districts as follows:
(1) sixty percent of the funds allocated annually to the several school districts for facilities' needs must be allocated on a per pupil basis using the weighted pupil units of each district for the preceding year;
(2) forty percent must be allocated according to the preceding year's Education Finance Act (EFA) formula;
(3) a district's annual allotment must be the sum of the two amounts calculated as provided in this subsection. Funds from a district's allotment shall be made available as needed once approval is received from the State Board of Education pursuant to Chapter 23 of this title.
(B) The Department of Juvenile Justice, the Wil Lou Gray Opportunity School, the John de la Howe School, and the South Carolina School for the Deaf and the Blind also shall be annually allocated funds from the Children's Education Endowment Fund for facilities needs on a per pupil basis using weighted pupil units for one hundred percent of their allocations. For purposes of these allocations only, all pupils of these schools are considered K-12 pupils.
Section 59-144-110. The State Board of Education shall establish and appoint a twenty-member advisory committee to assist in developing guidelines, regulations, and standards pursuant to this chapter. The State Superintendent of Education shall recommend members for the advisory committee which shall include individuals with backgrounds in the following areas:
(a) capital improvements financing;
(b) building construction;
(c) school building design;
(d) district finances;
(e) district administration;
(f) local boards of trustees;
(g) classroom instruction; and
(h) educational facilities requirements at the primary, elementary, middle, and high school levels.
Members of the committee shall receive mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions to be paid from public school facilities assistance funds. The members of the advisory committee shall serve at the pleasure of the State Board of Education.
Section 59-144-120. To qualify for funds under this chapter, each school district shall meet the conditions and qualifications provided for in this chapter. Funds must be withheld from districts when inappropriate use of funds is documented.
Section 59-144-130. By December 1, 1998, the State Board of Education shall recommend to the General Assembly changes to be made to this chapter regarding program objectives, appropriate funding levels, and funding allotment formulas."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. STILLE explained the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1252 -- Senators Land and McGill: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC HIGHWAYS COMMITTEE, SO AS TO DELETE THE PROVISION TERMINATING THE COMMITTEE ON JUNE 30, 1997, UNLESS REAUTHORIZED BY THE GENERAL ASSEMBLY.
Rep. EASTERDAY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
H. 4245 -- Reps. Jennings, J. Harris, Kinon, Baxley, Martin and Thomas: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4651 -- Reps. Harrison, Seithel and Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD DRAWINGS TO RECEIVE OR WIN ANY LIVE ANIMAL; AND TO PROVIDE PENALTIES.
Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4871 -- Reps. Harrison, D. Smith and Wilkins: A BILL TO DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE SECRETARY OF STATE UPON CERTAIN STATE OFFICERS, PERSONS, AND AGENCIES.
Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4541 -- Reps. Simrill, Moody-Lawrence and Kirsh: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE MONETARY PENALTIES FOR CERTAIN VIOLATIONS.
Rep. TRIPP made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4810 -- Reps. Martin, Jennings, Kelley, J. Young and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-13-465 SO AS TO PROVIDE THAT NO UNDERCOVER AGENT UNDER THE AGE OF TWENTY-ONE OF THE DEPARTMENT OF REVENUE AND TAXATION OR ANY OTHER STATE OR LOCAL LAW ENFORCEMENT AGENCY MAY PURCHASE OR ATTEMPT TO PURCHASE BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON OR OFF-PREMISES CONSUMPTION AT AN ESTABLISHMENT LICENSED TO MAKE SUCH SALES UNLESS THE DEPARTMENT OR AGENCY HAS TWO DOCUMENTED INSTANCES THAT THE ESTABLISHMENT HAS VIOLATED PROVISIONS OF LAW PROHIBITING THE SALE OF BEER, WINE, OR ALCOHOLIC LIQUOR TO MINORS, AND TO PROVIDE REMEDIES FOR VIOLATIONS.
Rep. HASKINS objected to the Bill.
Rep. WHATLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4818 -- Reps. Harrison, Sheheen, Whatley, Tucker, Spearman, Rice, Herdklotz, Seithel, Young-Brickell, Stuart, Wilkins, Knotts, Klauber, Wofford, Fleming, Chamblee, D. Smith, Sandifer, Cain, Riser, Meacham, Cato, Robinson, H. Brown and Wright: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5880DW.96).
Amend the bill, as and if amended, page 2, beginning on line 25, by striking /the court determines that continued/ and inserting /it is determined that/ so, when amended, item (7), subsection (F) of Section 20-7-600, as contained in SECTION 1, reads:
/(7) has no suitable alternative placement and it is determined that detention is in the child's best interest or is necessary to protect the child or public, or both.
Amend further, page 3, line 24, by inserting after /circumstances/ /as determined by the court/, so, when amended, Section 20-7-600(H), as contained in SECTION 2, reads:
/(H) If the officer who took the child into custody has not released the child to the custody of his the child's parents or other responsible adult, the court shall hold a detention hearing within forty-eight hours from the time the child was taken into custody, excluding Saturdays, Sundays, and holidays. At this hearing, the authorized representative of the department shall submit to the court a report stating the facts surrounding the case and a recommendation as to the child's continued detention pending the adjudicatory and dispositional hearings. The court shall appoint counsel for the child if none is retained. No child may proceed without counsel in this hearing, unless the child waives the right to counsel, and then only after consulting at least once with an attorney. At the conclusion of this hearing, the court shall determine whether probable cause exists to justify the detention of the child as well as determining and the appropriateness of, and need for, the child's continued detention. If continued detention of a juvenile is considered appropriate by the court and if a juvenile detention facility exists in that county which meets state and federal requirements for the secure detention of juveniles, or if that facility exists in another county with which the committing county has a contract for the secure detention of its juveniles, and if commitment of a juvenile by the court to that facility does not cause it the facility to exceed its design and operational capacity, the family court shall order the detention of the juvenile in that facility. Periodic reviews of the detention order must be conducted in accordance with the rules of practice in a family court. However, A juvenile must not be detained in secure confinement in excess of ninety days except in exceptional circumstances as determined by the court. A detained juvenile is entitled to further and periodic review:
(1) within ten days following the juvenile's initial detention hearing;
(2) within thirty days following the ten-day hearing; and
(3) at any other time for good cause shown upon motion of the child, the State, or the department.
If the child does not qualify for detention or otherwise require continued detention under the terms of subsection (F), the child must be released to a parent, guardian, or other responsible person./
Amend title to conform.
Rep. HARRISON explained the amendment.
Rep. T. BROWN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4477 -- Reps. Stille, J. Hines, Wilder, Simrill, Sandifer, Kirsh, Meacham, Easterday, Allison, Neilson, Herdklotz, Walker, Cotty, Shissias, Cromer, Klauber, Fleming, Baxley, Trotter, Wells, Davenport, Littlejohn, McMahand, Stuart, Witherspoon, Williams, Dantzler, McCraw, Marchbanks and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6245 SO AS TO PROVIDE THAT THE MOTOR VEHICLE DRIVEN BY A PERSON WHO IS NOT A LICENSED DRIVER OR WHOSE LICENSE TO DRIVE HAS BEEN CANCELED, SUSPENDED, OR REVOKED MUST BE IMPOUNDED UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE THAT THE COST ASSOCIATED WITH IMPOUNDING THE MOTOR VEHICLE MUST BE BORNE BY THE DRIVER.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5881CM.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-6245. (A) A motor vehicle owned and driven by a person on a public highway in this State who is not a licensed driver or whose license to drive has been canceled, suspended, or revoked must be impounded by the local law enforcement division for:
(1) thirty days for a first offense;
(2) sixty days for a second offense; or
(3) ninety days for a third offense.
(B) The cost associated with impounding a motor vehicle pursuant to subsection (A) must be borne by the driver of the motor vehicle. Notice of the impoundment shall be mailed to all lienholders of record within ten days of impoundment.
(C) This section does not apply to vehicles owned by rental car companies.
(D) A driver whose license to drive is invalid by reason of license expiration shall have a thirty-day grace period after expiration before the provisions of this section regarding vehicle impoundment are enforceable."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. STILLE explained the amendment.
The amendment was then adopted.
Rep. TOWNSEND explained the Bill.
Rep. TRIPP made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The SPEAKER granted Rep. STODDARD a temporary leave of absence.
The following Bill was taken up.
H. 4949 -- Rep. Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-690 SO AS TO AUTHORIZE A PERSON WHO OWNS PRIVATE PROPERTY TO SHRIMP FROM DOCKS ADJACENT TO AND OWNED BY THAT PERSON.
Rep. SEITHEL proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9292AC.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-17-660(F) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(F) It is unlawful for any a person to catch or take shrimp over a baited area unless:
(1) each bait deposit is marked by a pole not to exceed one inch in diameter which is driven into the ground and with the department-issued tag securely attached to it;
(2) each pole is plainly marked with white reflective tape;
(3) here there is a ten-pole limit a boat a day,; additional boats in tow may not be used to increase the number of authorized poles;
(4) there is a ten-pole limit for each person who is shrimping over a baited area if no boat is being used;
(5) if more than one pole is being used, the distance between the first and the last pole may not exceed one hundred yards;
(6) the minimum distance between each set of poles may not be less than twenty-five yards;
(7) no pole or set of poles may be left unattended, and if the permittee is not located in the immediate vicinity, the poles must be confiscated by the department;
(8) the permittee is allowed to shrimp over only those poles bearing his the permittee's corresponding permit number.
It is unlawful during the closed season for taking shrimp over bait to have aboard any a boat any poles or material that can be used to attract, lure, or cause shrimp to congregate.
It is unlawful to set poles within fifty yards of a dock or public landing or boat ramp.
Nothing in this subsection prevents use of a private dock by the owner of the dock or a person holding written permission by the owner for shrimping over bait so long as the person's permit number is clearly displayed upon the dock."/
Renumber sections to conform.
Amend title to conform.
Rep. SEITHEL explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The motion of Rep. QUINN to reconsider the vote whereby the following Bill was continued was taken up.
H. 4498 -- Reps. Harrison, Hodges, Jennings, D. Smith, Cromer, Wofford, Govan, Tucker, Fleming, Knotts, Shissias, Thomas and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND PROVIDE PENALTIES FOR VIOLATIONS.
Rep. HASKINS moved to adjourn debate upon the motion to reconsider until Wednesday, April 24, which was adopted.
Rep. VAUGHN asked unanimous consent to recall S. 1334 from the Committee on Ways and Means.
Rep. FULMER objected.
Rep. RHOAD asked unanimous consent to recall H. 4763 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. CAIN objected.
Rep. MOODY-LAWRENCE asked unanimous consent to recall H. 4050 from the Committee on Ways and Means.
Rep. FULMER objected.
Rep. SEITHEL asked unanimous consent to recall H. 3820 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SHARPE objected.
Rep. SHEHEEN asked unanimous consent to recall S. 1309 from the Committee on Ways and Means.
Rep. KNOTTS objected.
Rep. HARRISON moved to adjourn debate upon the Senate amendments to the following Bill until Wednesday, April 24, which was adopted.
H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.
The Senate amendments to the following Bill were taken up for consideration.
H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870, SO AS TO ENACT THE SOUTH CAROLINA PERSONAL WATERCRAFT AND BOATING SAFETY ACT OF 1996 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. WITHERSPOON proposed the following Amendment No. 1A (Doc Name P:\amend\BBM\10797DW.96).
Amend the bill, as and if amended, page 6, line 4, by striking /(15 horsepower engine or less)/.
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
Rep. SHARPE moved to adjourn debate upon the Senate amendments, until Wednesday, April 24, which was adopted.
The following Concurrent Resolution was taken up.
H. 4414 -- Reps. Stuart, T. Brown, Cotty, Harvin, Herdklotz, Huff, Kinon and Vaughn: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY SCHOOL SCHEDULING AND TIMETABLES, INCLUDING THE LENGTH OF THE SCHOOL DAY AND THE SCHOOL YEAR, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND TO PROVIDE THAT THE COMMITTEE SHALL REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY BY JULY 1, 1996.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5863SD.96).
Amend the resolution, as and if amended, by striking all after the title and inserting:
/Whereas, the resources for public education in South Carolina in grades kindergarten through twelve are scarce and a large part of the local funding for public education is derived from ad valorem property taxes which have reached levels which impose a significant burden on many taxpayers; and
Whereas, it is therefore incumbent upon the State of South Carolina and its local school districts to use these resources in the most efficient manner possible; and
Whereas, other states and other countries have developed innovative approaches to school scheduling including flexible hours, rolling timetables, and more continuous operations; and
Whereas, the members of the General Assembly, by this resolution, believe that a study of these innovative approaches would be of significant benefit to South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the State Department of Education is directed to study school scheduling and timetables, including the length of the school day and the school year, using appropriate local, state, and national studies and experiences in other jurisdictions.
The department shall report its findings to the General Assembly no later than January 1, 1997./
Amend title to read:
/TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO STUDY SCHOOL SCHEDULING AND TIMETABLES, INCLUDING THE LENGTH OF THE SCHOOL DAY AND THE SCHOOL YEAR, AND TO PROVIDE THAT THE DEPARTMENT SHALL REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY BY JANUARY 1, 1997./
Rep. JASKWHICH explained the amendment.
Rep. LOFTIS moved to adjourn debate upon the Concurrent Resolution until Wednesday, April 24, which was adopted.
The following Concurrent Resolution was taken up.
S. 1351 -- Senators Leventis, Moore, Alexander, Boan and Martin: A CONCURRENT RESOLUTION TO URGE THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA), IN ITS REVIEW OF THE NATIONAL AMBIENT AIR QUALITY STANDARD FOR OZONE, TO THOROUGHLY EXAMINE ALL ASPECTS OF THE STANDARD, INCLUDING RETAINING THE EXISTING .12 STANDARD WITH APPROPRIATE REVISIONS, AND CAREFULLY EVALUATE THE POTENTIAL INCREMENTAL HEALTH IMPACTS AND ECONOMIC CONSEQUENCES ON STATES, LOCALITIES, SMALL AND LARGE BUSINESS, AND INDIVIDUAL CITIZENS; TO URGE FURTHER THAT THE STANDARD CHOSEN BY EPA SHOULD BE REASONABLE AND ACHIEVABLE AND ANY CHANGES MUST BE LOOKED AT IN THEIR ENTIRETY; AND TO URGE FINALLY THAT EPA IDENTIFY ANY UNFUNDED MANDATES OR OTHER ADMINISTRATIVE BURDENS FOR STATE OR LOCAL GOVERNMENTS OR AGENCIES THAT WOULD DERIVE FROM CHANGES TO THE NATIONAL AMBIENT AIR QUALITY STANDARD FOR OZONE.
Rep. HASKINS moved to adjourn debate upon the Concurrent Resolution until Wednesday, April 24, which was adopted.
The motion period was dispensed with on motion of Rep. FLEMING.
Rep. LIMBAUGH moved to adjourn debate upon the following Joint Resolution until Wednesday, April 24, which was adopted.
H. 3812 -- Reps. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser, Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.
Rep. SIMRILL moved to adjourn debate upon the following Bill until Wednesday, April 24, which was adopted.
S. 517 -- Senator Patterson: A BILL TO AMEND SECTION 8-11-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE FROM TEN TO TWENTY THE MAXIMUM NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.
The following Bill was taken up.
H. 4637 -- Reps. Townsend, Allison, Howard and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' FACILITIES AND REAL PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; AND TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22565SD.96), which was adopted.
Amend the bill, as and if amended, in Section 59-103-15 of the 1976 Code, as contained in SECTION 1, by striking subsection (B)(4) and inserting:
/(4) State technical and comprehensive education system
(a) all post-secondary vocational, technical, and occupational diploma and associate degree programs leading directly to employment or maintenance of employment and associate degree programs which enable students to gain access to other post-secondary education;
(b) up-to-date and appropriate occupational and technical training for adults;
(c) special school programs that provide training for prospective employees for prospective and existing industry in order to enhance the economic development of South Carolina;
(d) public service to the State and the local community;
(e) continue to remain technical, vocational, or occupational colleges with a mission as stated in item (4) and primarily focused on technical education and the economic development of the State./
Amend the bill further, as and if amended, in Section 59-103-30 of the 1976 Code, as contained in SECTION 3, by striking subsection (A) and inserting:
/(A) The General Assembly has determined that the critical success factors for academic quality in the several institutions of higher learning in this State are as follows:
(1) Mission Focus;
(2) Quality of Faculty;
(3) Classroom Quality;
(4) Institutional Cooperation and Collaboration;
(5) Administrative Efficiency;
(6) Entrance Requirements;
(7) Graduates' Achievements;
(8) User-friendliness of the Institution;
(9) Research Funding./
Amend further by striking subsection (B)(1)(e) of Section 59-103-30 of the 1976 Code, as contained in SECTION 3, and inserting:
/(e) attainment of goals of the strategic plan./
Amend further by striking subsection (B)(3) of Section 59-103-30 of the 1976 Code, as contained in SECTION 3, and inserting:
/(3) Instructional Quality/
(a) class sizes and student/teacher ratios;
(b) number of credit hours taught by faculty;
(c) ratio of full-time faculty as compared to other full-time employees;
(d) accreditation of degree-granting programs;
(e) institutional emphasis on quality teacher education and reform./
Amend further by striking subsection (4)(a) of Section 59-103-30 of the 1976 Code, as contained in SECTION 3, and inserting:
/(a) sharing and use of technology, programs, equipment, supplies, and source matter experts within the institution, with other institutions, and with the business community;/
Amend further, as and if amended, by striking Section 59-103-110 of the 1976 Code as contained in SECTION 8 and inserting:
/"Section 59-103-110. No public institution of higher learning shall be authorized to construct any new permanent facility at any location other than on a currently approved campus or on property immediately contiguous thereto unless such new location and or purchase or acquire any new improved or unimproved real property unless such new facility, purchase, or acquisition has been approved by the Commission. Provided, that the provisions of this section shall not apply to the Trident Technical College property in Berkeley County or the new Palmer College site in Charleston County or Francis Marion College in Florence County."/
Amend further, as and if amended, in Section 59-104-20 of the 1976 Code, as contained in SECTION 9, which begins on line 23, page 11, by striking the section and inserting:
/Section 59-104-20. The Palmetto Fellows Scholarship Program is established to foster scholarship among the state's post-secondary students and retain outstanding South Carolina high school graduates in the State through awards based on scholarship and achievement. Measures must be taken to ensure equitable minority participation in this program. Recipients of these scholarships are designated Palmetto Fellows. Each Palmetto Fellow shall receive a scholarship in an amount designated by the Commission on Higher Education, half to be provided by the post secondary institution at which he is enrolled. The commission shall promulgate regulations and establish procedures to administer the program and request annual state appropriations for the program./
Renumber sections to conform.
Amend totals and title to conform.
Rep. STILLE explained the amendment.
The amendment was then adopted.
Rep. STILLE explained the Bill.
Rep. WRIGHT spoke in favor of the Bill.
Reps. McELVEEN, NEAL, J. YOUNG, KEYSERLING and HARVIN proposed the following Amendment No. 7, which was adopted.
On page 9, line 18, add the following after "followed":
"for the closure, reduction, expansion or consolidation"
Rep. McELVEEN explained the amendment.
Rep. WRIGHT spoke in favor of the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill, as amended, resulting as follows:
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. RHOAD moved that the House do now adjourn, which was adopted.
Rep. HARRELL moved to reconsider the vote whereby Amendment No. 1 was adopted on H. 4957, and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 4792 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1996, "WORKERS MEMORIAL DAY".
H. 4879 -- Rep. Tucker: A CONCURRENT RESOLUTION DECLARING FRIDAY, APRIL 19, 1996, AS "SOUTH CAROLINA HOSPITAL ASSOCIATION DAY".
H. 4881 -- Reps. Spearman, Allison and Wells: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 13, 1996, AND FRIDAY, JUNE 14, 1996.
At 4:20 P.M. the House in accordance with the motion of Rep. ANDERSON adjourned in memory of Mable T. Knuckles of Greenville, to meet at 10:00 A.M. tomorrow.
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