Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

The little Letter of St. James has a word for our market-place (1:12):

"Blessed is anyone who endures temptation.

Such a one has stood the test and will

receive the crown of life that the Lord

has promised to those who love Him."
Let us pray.

God our Father, as we are thrust about each day in the scramble of practical politics, of parliamentary strategy and legislative resolve, lift up our hearts!

In this holy moment we seek our orientation before You before we come to our calendared duties.

As representatives of our people, give us the realization that, in the midst of it all, there is honor and privilege and the opportunity for measureless good and accomplishment.

So, dear Lord, throughout this session lead us through the thickets.

Amen!

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

August 25, 1995
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence April 27, 1995, and to expire April 27, 1997:

Chairman:

The Honorable Thomas M. Marchant, III, Post Office Box 816, Greenville, S.C. 29602 VICE Vernon F. Dunbar (resigned)

Referred to the Committee on Judiciary.

September 26, 1995
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Initial Appointment, Commission of Hearing Aid Specialists, with term to commence July 31, 1995, and to expire July 31, 1999:

State Health Officer or Designee:

Mr. Mason R. Brooks, Department of Health and Environmental Control, 2600 Bull Street, Columbia, S.C. 29201 VICE Michael Jarrett (deceased)

Referred to the Committee on Medical Affairs.

Initial Appointments, Advisory Board of Trustees for the Veterans' Trust Fund of South Carolina, with terms to commence September 15, 1995, and to expire at the pleasure of the Governor:

County Officer:

Mr. James C. Brown, Richland County Veterans Affairs Officer, 2020 Hampton Street, Columbia, S.C. 29204

Veterans Organization:

Mr. J. Steve Murphy, Jr., 328 Burns Avenue, Easley, S.C. 29640-3776

Referred to the General Committee.

October 4, 1995
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Initial Appointments, Advisory Board of Trustees for the Veterans' Trust Fund of South Carolina, with terms to commence September 15, 1995, and to expire at the pleasure of the Governor:

Veterans Organization:

Mr. Jack M. Tiller, 501 Meadow Brook Road, Columbia, S.C. 29223-2910

County Officer:

Mr. George O. Blevins, Greenville County Veterans Affairs Officer, 301 University Ridge, Suite 5900, Greenville, S.C. 29601-3660

Referred to the General Committee.

October 11, 1995
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Initial Appointment, Commission of Hearing Aid Specialists, with term to commence August 22, 1995, and to expire July 31, 1996:

Specialist:

Mr. Thomas M. McCroskey, 113 West Antrim Drive, Greenville, S.C. 29607 VICE Jacquelyn D. Niedringhaus (slot changed to Specialist)

Referred to the Committee on Medical Affairs.

October 12, 1995
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Reappointment, Commission of Hearing Aid Specialists, with term to commence July 31, 1996, and to expire July 31, 2000:

Specialist:

Mr. Thomas M. McCroskey, 113 West Antrim Drive, Greenville, S.C. 29607

Referred to the Committee on Medical Affairs.

October 16, 1995
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Initial Appointment, Advisory Board of Trustees for the Veterans' Trust Fund of South Carolina, with term to commence September 15, 1995, and to expire at the pleasure of the Governor:

Veterans Organization:

Mr. Milford A. Forrester, 28 Scarlett Street, Greenville, S.C. 29607-2827

Referred to the General Committee.

November 2, 1995
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Initial Appointment, South Carolina Advisory Commission on Aging, with term to commence June 30, 1995, and to expire June 30, 1997:

Area 7:

Ms. Mildred Browder-Hughes, 355 East Broadway Street, Johnsonville, S.C. 29555

Referred to the Committee on Medical Affairs.

Initial Appointments, South Carolina Advisory Commission on Aging, with terms to commence June 30, 1995, and to expire June 30, 1999:

At-Large:

Ms. Dianne R. Dantzler, 39 Canterbury Court, Columbia, S.C. 29210

Ms. Diane M. Brown, 368 South Barrington Drive, Florence, S.C. 29501

Referred to the Committee on Medical Affairs.

November 8, 1995
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Initial Appointment, South Carolina Advisory Commission on Aging, with term to commence June 30, 1995, and to expire June 30, 1998:

Area 2:

Ms. Norma A. Curtis, Post Office Box 958, McCormick, S.C. 29835

Referred to the Committee on Medical Affairs.

November 13, 1995
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

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

1st Congressional District:

Ms. E. Lynn W. Smith, 1284 Calais Drive, Mt. Pleasant, S.C. 29464 VICE Clay W. Evatt, Jr./Elvin D. Tirrell (resigned)

Referred to the General Committee.

November 16, 1995
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Initial Appointment, South Carolina Advisory Commission on Aging, with term to commence June 30, 1995, and to expire June 30, 1997:

Area 5:

Mark J. Meiler, M.D., 148 University Parkway, Aiken, S.C. 29801

Referred to the Committee on Medical Affairs.

November 28, 1995
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Initial Appointment, Scenic Highways Committee, with term to commence July 14, 1994, and to expire July 14, 1996:

Hotel/Motel:

Ms. Laura D. Simons, 3625 Coleman Street, Columbia, S.C. 29205

Referred to the Committee on Transportation.

December 1, 1995
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Reappointment, Commission on Disabilities and Special Needs, with term to commence June 30, 1996, and to expire June 30, 2000:

2nd Congressional District:

Mr. Melvin L. Burton, Jr., 6000 Lakeshore Drive, Columbia, S.C. 29206

Referred to the Committee on Medical Affairs.

Senator GIESE introduced Dr. Nelson Weston of Columbia, S.C., Doctor of the Day.

Senator McCONNELL, Chairman of the Rules Committee, was recognized.

Senator McCONNELL moved that it be the Sense of the Senate that unless or until changed by further action of the Senate, that while the Senate occupies temporary quarters pending the renovations of the State House, those persons authorized to be admitted to that area designated "behind the rail" under the provisions of Rules 36, 37, and 42 shall be admitted to the Chamber of the Senate subject to the following provisions:

a.   Still photographers representing the media are authorized to be admitted by the Sgt.-at-Arms to the side areas of the Chamber adjacent to the east and west walls as designated by the Clerk of the Senate for the purpose of executing their duties and when completed, exiting the Senate Chamber.

b.   Video photographers representing the media are authorized to be admitted by the Sgt.-at-Arms to the side areas of the Chamber adjacent to the east and west walls as designated by the Clerk of the Senate, to include one fixed camera position on each side and also, the admission of one additional photographer with portable video on each side for the purpose of executing their duties in the designated areas and when completed, exiting the Senate Chamber. Video photographers occupying the fixed positions on either side of the Chamber must have placed necessary equipment in the Chamber at least fifteen (15) minutes prior to the convening of the Senate.

c.   None more than four reporters at any time are authorized to be admitted to be seated in the Chamber by the Sgt.-at-Arms in such seating as designated for such purpose by the Clerk of the Senate. In addition, three seats shall be reserved in the Senate Gallery for the exclusive use of reporters.

d.   Immediate family members of Senators, authorized former members of the Senate and House of Representatives, the Governor or his representative, Constitutional Officers, Justices of the Supreme Court, President and Vice President of the United States, Members of Congress, Governors of States and Territories, and the Lt. Governor's staff are authorized to be admitted to the Chamber in seating adjacent to the west wall when escorted by the Sgt.-at-Arms and when space is available. Senate staff are authorized admission to the Senate Chamber and may be seated when and where space is available.

Senator McCONNELL moved further that it be the Sense of the Senate that introduction of visitors and guests as provided in Rules 7B and 36B shall be confined to the time limitation set forth in Rule 7B and strictly limited to visitors and guests occupying the Senate Gallery or designated locations in the Gressette Building when viewing video broadcasts of the Senate proceedings.

The Sense of the Senate motions were adopted.

Senator ELLIOTT rose to a Point of Personal Interest.

Senator J. VERNE SMITH rose to a Point of Personal Interest.

Columbia, S.C., January 9, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment of:

Reappointment, Aiken County Master-in-Equity, with term to commence June 30, 1995, and to expire June 30, 2001:

The Honorable Robert A. Smoak, Jr., Post Office Box 1397, Aiken, S.C. 29802-1397

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., January 9, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment of:

Reappointment, Lexington County Master-in-Equity, with term to commence January 1, 1995, and to expire January 1, 2001:

The Honorable George William Jefferson, 221 Barmount Drive, Columbia, S.C. 29210

Very respectfully,
Speaker of the House

Received as information.

S. 964 -- Senators Thomas, Richter and Rose: A BILL TO AMEND SECTIONS 56-1-40 AND 56-1-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DRIVER'S LICENSES AND BEGINNER'S PERMITS, SO AS TO INCREASE THE AGE FROM FIFTEEN TO SIXTEEN WHEN A PERSON MAY RECEIVE A LICENSE OR PERMIT; TO AMEND SECTION 59-39-320, RELATING TO HIGH SCHOOL DRIVER EDUCATION AND TRAINING COURSES, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REQUIRE A HIGH SCHOOL STUDENT TO COMPLETE SUCCESSFULLY A DRIVER EDUCATION COURSE BEFORE RECEIVING A DIPLOMA AND TO PROVIDE THAT THIS COURSE SHALL COST TWENTY DOLLARS WHICH MUST BE DIVIDED EQUALLY BETWEEN THE STATE AND THE SCHOOL DISTRICT; AND TO REPEAL SECTION 56-1-180 RELATING TO SPECIAL RESTRICTED DRIVER'S LICENSES FOR CERTAIN MINORS.

Senator THOMAS asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

On motion of Senator THOMAS, with unanimous consent, the Bill was referred to the Committee on Transportation.

The following were introduced:

S. 991 -- Senator Saleeby: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", SO AS TO DELETE REFERENCE TO "DIVISION OF MOTOR VEHICLES" IN THE DEFINITION OF "AUTHORIZED AGENCY", ADD THE SPECIFIC NAMES OF CERTAIN STATE AGENCIES, AND INCLUDE ALL OTHER STATE BOARDS, COMMISSIONS, AND AGENCIES IN THAT DEFINITION; AND TO AMEND SECTION 38-55-570, AS AMENDED, RELATING TO THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT" AND NOTIFICATION TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE STATE ATTORNEY GENERAL OF KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO DELETE REFERENCE TO THE "MOTOR VEHICLE DIVISION".

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

S. 992 -- Senator Bryan: A JOINT RESOLUTION TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO CONDUCT A STUDY TO DETERMINE THE ACTUAL OPERATING COSTS OF THE DEPARTMENT OF JUVENILE JUSTICE INCURRED DUE TO THE HOUSING OF JUVENILES AWAITING ADJUDICATION OF CRIMINAL CHARGES; TO DIRECT THE BOARD, AT THE COMPLETION OF THE STUDY, TO DERIVE A FIGURE ENTITLED "THE PER DIEM FOR JUVENILE PRE-ADJUDICATION DETENTION"; AND TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL ASSESS A COUNTY AN AMOUNT EQUAL TO ONE HALF OF "THE PER DIEM FOR JUVENILE PRE-ADJUDICATION DETENTION" FOR EACH JUVENILE THAT THE DEPARTMENT HOUSES ON BEHALF OF THE COUNTY FOR EACH DAY THAT THE CHILD IS HOUSED WITH THE DEPARTMENT.

Read the first time and referred to the Committee on Corrections and Penology.

S. 993 -- Senator Greg Smith: A BILL TO AMEND SECTION 59-1-130 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "TEACHER", SO AS TO REVISE THE DEFINITION FROM ANY PERSON WHO IS EMPLOYED EITHER FULL-TIME OR PART-TIME BY ANY SCHOOL DISTRICT EITHER TO TEACH OR TO SUPERVISE TEACHING TO MEAN ANY CERTIFICATED EMPLOYEE WHO IS PAID ON THE TEACHER SALARY SCHEDULE OF ANY PUBLIC SCHOOL DISTRICT; AND TO AMEND SECTION 59-25-410 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL NOTIFICATION OF ASSIGNMENT GIVEN BY SCHOOL DISTRICTS TO TEACHERS, SO AS TO REVISE THE DEFINITION OF "TEACHER" FOR PURPOSES OF THIS SECTION TO INCLUDE, IN ADDITION TO ALL EMPLOYEES POSSESSING A PROFESSIONAL CERTIFICATE ISSUED BY THE STATE DEPARTMENT OF EDUCATION, ALL EMPLOYEES BEING PAID ON THE TEACHER SALARY SCHEDULE OF THE SCHOOL DISTRICT.

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

S. 994 -- Senators Greg Smith and McGill: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF SEPTEMBER 26, 1995, MISSED BY THE STUDENTS OF ANDREWS HIGH SCHOOL IN THE GEORGETOWN COUNTY SCHOOL DISTRICT WHEN THIS SCHOOL WAS CLOSED DUE TO FIRE AND SMOKE DAMAGE IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES MUST BE MADE UP.

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

S. 995 -- Senators Setzler, Giese, Bryan, Lander, Washington, Drummond, Land, Mescher, Hayes, Elliott, Leatherman, Waldrep, Holland, Moore and Martin: 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.

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

S. 996 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS, SO AS TO REVISE THE DEFINITION OF VACANT LAND.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 997 -- Senators Elliott and Giese: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEDICAL TECHNICIAN CERTIFICATES, SO AS TO PROHIBIT DENYING A FIREFIGHTER ENTRY INTO AN EMERGENCY MEDICAL TECHNICIAN COURSE BASED ON WHETHER OR NOT THE FIREFIGHTER'S DEPARTMENT HAS AN AMBULANCE.

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

S. 998 -- Senators Giese, Passailaigue, Glover, Wilson, Washington, Lander, Leatherman and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-36-325 SO AS TO DIRECT THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER TO DEVELOP A GRANT PROGRAM TO ASSIST WITH PROBLEMS RELATIVE TO THIS DISEASE AND TO REQUIRE THE GRANT RECIPIENT TO PROVIDE MATCHING FUNDS OR IN-KIND CONTRIBUTIONS.

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

S. 999 -- Senator Reese: 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 75 SO AS TO PROVIDE FOR THE ISSUANCE OF GIRL SCOUT LICENSE PLATES.

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

S. 1000 -- Senator Reese: A BILL TO AMEND SECTION 56-1-790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF A DRIVING CONVICTION IN ANOTHER STATE OR A FEDERAL CONVICTION ON A PERSON'S DRIVING RECORD BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO ALLOW THE DEPARTMENT TO RECORD CONVICTIONS THAT IT RECEIVES WITHIN ONE HUNDRED EIGHTY DAYS OF THE FINAL ADJUDICATION OF THE OFFENSE.

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

S. 1001 -- Senator Giese: A BILL TO AMEND SECTION 56-1-2100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMERCIAL DRIVER LICENSE, SO AS TO ALLOW A COMMERCIAL DRIVER LICENSE HOLDER TO DRIVE ALL VEHICLES IN THE CLASS FOR WHICH THE LICENSE IS ISSUED AND ALL LESSER CLASSES OF VEHICLES.

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

S. 1002 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 69 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR ISSUANCE OF SPECIAL LICENSE PLATES FOR VIETNAM VETERANS; TO AMEND SECTION 56-3-20, AS AMENDED, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING DEFINITIONS, SO AS TO PROVIDE A DEFINITION FOR "PRIVATE MOTOR VEHICLE OR PRIVATE PASSENGER MOTOR VEHICLE".

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

S. 1003 -- Senators Rose, McConnell, Mescher and Matthews: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

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

S. 1004 -- Senators Giese, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE THOSE LAW ENFORCEMENT AGENCIES IN SOUTH CAROLINA INCLUDING THE GREENVILLE SHERIFF'S DEPARTMENT, MT. PLEASANT POLICE DEPARTMENT, CHARLESTON POLICE DEPARTMENT, SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED), GREENVILLE POLICE DEPARTMENT, IRMO POLICE DEPARTMENT, SUMTER POLICE DEPARTMENT, AND THE SAVANNAH RIVER SITE LAW ENFORCEMENT DEPARTMENT WHICH HAVE BEEN ACCREDITED NATIONALLY BY THE COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES, INC. (C.A.L.E.A.) OR WHICH ARE IN THE PROCESS OF BECOMING SO ACCREDITED, AND TO COMMEND THE SOUTH CAROLINA POLICE ACCREDITATION COALITION TO WHICH THESE AGENCIES BELONG FOR ITS EFFORTS IN IMPROVING LAW ENFORCEMENT IN OUR STATE.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 1005 -- Senators Wilson, Russell, O'Dell and Gregory: A CONCURRENT RESOLUTION CREATING A COMMITTEE FOR THE PURPOSE OF SELECTING AN APPROPRIATE SITE AND ERECTING A SUITABLE MONUMENT ON THE STATE HOUSE GROUNDS RECOGNIZING THE ACHIEVEMENTS OF CITIZENS OF SOUTH CAROLINA IN THE WORLD OF SCIENCE AND EDUCATION.

Whereas, many South Carolinians have made valuable, outstanding contributions to science and education, bringing recognition and acclaim to our State and to our Nation; and

Whereas, it is proper and fitting to recognize these South Carolinians, their accomplishments, and contributions. Now, therefore,

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

That there is created a committee whose purpose is to select an appropriate site and to cause to be erected a suitable monument on the State House grounds. All matters associated with site selection and erection of the monument are vested in the committee; however, the committee should consider:

(1)   recognizing South Carolina inventors and inventions, possibly labelling a portion of the monument "First in South Carolina";

(2)   commemorating South Carolina's Nobel Prize winners;

(3)   dedicating a portion of the monument to South Carolina's astronauts, possibly including a statue or bust of Ron McNair.

Additionally, the committee shall consult the Division of General Services on the matter of the site and the division shall advise and render necessary service to the committee on this matter.

The committee is composed of nine members as follows: three members of the Senate appointed by the President of the Senate; three members of the House of Representatives appointed by the Speaker of the House; and three nonlegislator citizens of the State appointed by a majority of the committee's six legislative members. The committee members shall elect a chairman and other officers they consider necessary. The committee shall meet at times and places as indicated by the chairman or by any five other members of the committee.

No member of the committee may receive subsistence, per diem, or mileage in connection with his committee service.

Once the monument has been erected, the committee is dissolved.

Referred to the General Committee.

S. 1006 -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JANUARY 31, 1996, AS THE TIME FOR ELECTING SUCCESSORS TO THE THREE COMMISSIONERS FOR THE EMPLOYMENT SECURITY COMMISSION, WHOSE CURRENT TERMS EXPIRE JUNE 30, 1996.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 1007 -- Senators Courson and Giese: A CONCURRENT RESOLUTION TO COMMEND THE EPWORTH CHILDREN'S HOME OF COLUMBIA FOR ITS OUTSTANDING SERVICE TO MANY THOUSANDS OF CHILDREN AND FAMILIES OF SOUTH CAROLINA UPON THE OCCASION OF ITS ONE HUNDREDTH YEAR OF CHILD CARE, AND TO REQUEST THE GOVERNOR TO DECLARE THE MONTH OF JANUARY 1996 AS EPWORTH CHILDREN'S HOME MONTH IN SOUTH CAROLINA IN HONOR OF THIS EXEMPLARY CHILD CARE FACILITY.

Whereas, Epworth Orphanage was established in Columbia in 1895 by the South Carolina Annual Conference of the Methodist Church; and

Whereas, the first two children came to live at Epworth Orphanage on January 20, 1896, which was the first day of operation of the child care facility; and

Whereas, Epworth Orphanage was chartered by the General Assembly in 1896 to care for dependent and neglected children in the State of South Carolina; and

Whereas, its name was changed to Epworth Children's Home in 1951; and

Whereas, more than eight thousand children have been cared for at Epworth Children's Home during the past one hundred years; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and thank this outstanding child care facility for a century of outstanding services to children, youth, and families. Now, therefore,

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

That the members of the General Assembly hereby commend the Epworth Children's Home of Columbia for its outstanding service to many thousands of children and families of South Carolina upon the occasion of its one hundredth year of child care.

Be it further resolved that the members of the General Assembly hereby request the Governor to declare the month of January 1996 as Epworth Children's Home Month throughout South Carolina in honor of this exemplary child care facility.

Be it further resolved that a copy of this resolution be forwarded to Epworth Children's Home.

Referred to the Committee on Invitations.

S. 1008 -- Senator Jackson: A CONCURRENT RESOLUTION TO DESIGNATE THE YEAR 1996 AS THE "YEAR OF RACIAL HARMONY" IN SOUTH CAROLINA.

Whereas, on June 20, 1995, the 1995 Southern Baptist Convention adopted a resolution apologizing for its past support of slavery and racial discrimination; and

Whereas, this historic resolution was adopted during the 150th anniversary of the Southern Baptist Convention; and

Whereas, the Southern Baptist Convention reportedly has more than 15 million members nationwide, making it the nation's largest Protestant religious denomination; and

Whereas, the South Carolina affiliate of the Southern Baptist Convention, the South Carolina Baptist Convention, has 1,866 member churches, with approximately 725,000 church members, making it the state's largest religious denomination; and

Whereas, the Southern Baptist resolution is symbolic of the kinds of actions which should be periodically taken to perpetuate the healing of past wounds and to promote present and future racial harmony; and

Whereas, the Southern Baptist resolution encourages a spirit of unity in society rather than a spirit of division in society; and

Whereas, it is fitting that the Southern Baptist resolution serve as the impetus for a statewide rededication and recommitment to the principle of racial harmony. Now, therefore,

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

That the General Assembly of the State of South Carolina hereby endorses the resolution adopted by the 1995 Southern Baptist Convention apologizing for the past support of slavery and racially discriminatory policies and practices.

Be it further resolved that the year 1996 is designated as the Year of Racial Harmony in South Carolina.

Be it further resolved that a Legislative Task Force on Racial Harmony is created for the purpose of planning, organizing, and coordinating events and activities throughout the State commemorating the Year of Racial Harmony.

Be it further resolved that the task force must consist of four members appointed by the President Pro Tempore; four members appointed by the Speaker; and two members appointed by the Governor.

Be it further resolved that the task force shall elect a chairperson from among its membership.

Referred to the Committee on Invitations.

S. 1009 -- Senator McConnell: A CONCURRENT RESOLUTION PETITIONING THE CONGRESS OF THE UNITED STATES TO PROPOSE A GOVERNMENT OF THE PEOPLE AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES FOR SUBMISSION TO THE STATES TO ESTABLISH A MECHANISM FOR NULLIFICATION OF FEDERAL LAWS AND REGULATIONS WHERE THE STATES DETERMINE THAT THESE LAWS OR REGULATIONS EXCEED THE AUTHORITY OF THE FEDERAL GOVERNMENT UNDER THE CONSTITUTION OF THE UNITED STATES.

Whereas, the federal government was established by the states through ratification of the Constitution of the United States; and

Whereas, the federal government was granted certain limited powers under the Constitution of the United States to act as the agent of the states and of the people; and

Whereas, the Constitution of the United States requires under the Tenth Amendment that: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people"; and

Whereas, by the actions of Congress, the federal government has usurped powers reserved to the states and to the people; and

Whereas, by the actions of the Executive, the federal government has usurped powers reserved to the states and to the people; and

Whereas, by the actions of the Judiciary, the federal government has usurped powers reserved to the states and to the people; and

Whereas, by the combined actions of the Congress, the Executive and the Judiciary, the principal-agent relationship established by the Constitution of the United States has been effectively reversed, as the federal government has arrogated to itself the role of principal; and

Whereas, it has become customary for the federal Judiciary to possess the ultimate authority to interpret the meaning of the Constitution of the United States; and

Whereas, reliance upon the federal Judiciary, itself a branch of the federal government, has inappropriately delegated ultimate interpretation of the Constitution of the United States to the agent, rather than to the principal; and

Whereas, only the principal in a principal-agent relationship can ultimately interpret the intention of the principal; and

Whereas, the federal government is more distant from the people than state governments and is thereby less efficient and effective in providing for functions that, under the Constitution of the United States, were to have been reserved to the states and to the people; and

Whereas, to achieve government of the people, by the people, and for the people, government must become closer to the people; and

Whereas, there is a need for an effective mechanism by which the states may provide ultimate interpretation of their intentions under the Constitution of the United States.

Now, therefore, be it resolved by the Senate, the House of Representatives concurring, that the Congress of the United States, by this resolution, is petitioned to propose the Government of the People Amendment to the Constitution of the United States, for submittal to the states for ratification, providing for the states to nullify federal laws and regulations, in such cases as the states consider that the federal government has exceeded the limits of its authority.

Be it further resolved that to achieve the purpose expressed above that the Government of the People Amendment shall provide that:

(1)   Any act of Congress, or provision of it is void upon the adoption of a Resolution of Disapproval by the legislatures of two-thirds of the states providing that no more than five years has passed from the adoption of the first Resolution of Disapproval by a state and the requisite number of adoptions.

(2)   Any regulations, administrative directive or provision thereof is void upon the adoption of a Resolution of Disapproval by the legislatures of two-thirds of the states where no more than five years has passed from the adoption of the first Resolution of Disapproval by a state and the requisite number of adoptions.

Be it further resolved that the Government of the People Amendment shall require a Resolution of Disapproval to declare the causes that impel the resolution.

Be it further resolved that the Government of the People Amendment shall contain reasonable limitations on the use of Resolutions of Disapproval with respect to issues of national security.

Be it further resolved that the Government of the People Amendment shall prohibit judicial review of any matter with respect to the Government of the People Amendment or its implementation or operation.

Be it further resolved that the Clerks of the South Carolina Senate and the South Carolina House of Representatives transmit copies of this concurrent resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the President of the Senate and the Speaker of the House of Representatives of each state's legislature of the United States of America, and the South Carolina Congressional Delegation.

Referred to the Committee on Judiciary.

S. 1010 -- Senator McConnell: A CONCURRENT RESOLUTION PETITIONING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN INITIATIVE AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES FOR SUBMISSION TO THE STATES TO PROVIDE THE STATES A METHOD OF OFFERING AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES.

Whereas, the ratification of the Constitution of the United States by the states created a balance of power between the federal government and the states; and

Whereas, the federal government was granted certain limited powers under the Constitution of the United States; and

Whereas, the Constitution of the United States requires, under the Tenth Amendment that: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people"; and

Whereas, by the combined actions of the Congress, the Executive and the Judiciary, today, power is concentrated in the federal government; and

Whereas, the original checks and balances created by the founders have been eroded and the national government has consolidated power and authority; and

Whereas, the federal government is more distant from the people than state governments; and

Whereas, to achieve government of the people, by the people, and for the people, government must become closer to the people; and

Whereas, there is a need for an effective mechanism by which the states can offer amendments to the Constitution of the United States. Now, therefore,

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

That the Congress of the United States, by this resolution, is petitioned to propose the States' Initiative Resolution as an amendment to the Constitution of the United States for ratification by state legislatures. This resolution must be submitted to the states for ratification, providing for the states a method through which they may amend the Constitution of the United States.

Be it further resolved that to achieve the purpose expressed above, the States' Initiative Amendment shall provide that: Whenever three-fourths of the legislatures of the states deem it necessary, they shall propose amendments to this Constitution. These proposed amendments are valid for all intents and purposes two years after they are submitted to Congress. These amendments will be invalid if both houses of Congress, by two-thirds vote, disapprove them within two years after their submission.

Be it further resolved that the Clerks of the South Carolina Senate and the South Carolina House of Representatives transmit copies of this concurrent resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the President of the Senate, and the Speaker of the House of Representatives of each state's legislature of the United States of America, and the South Carolina Congressional Delegation.

Referred to the Committee on Judiciary.

S. 1011 -- Senators Courtney, Thomas, J. Verne Smith and Russell: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE ABNER CREEK BRIDGE ON BENNETT'S BRIDGE ROAD IN SPARTANBURG COUNTY THE "VICTORIA BRIDGE" IN MEMORY OF VICTORIA MARIE CORDLE AND TO ERECT APPROPRIATE SIGNS OR MARKERS ON OR NEAR THE BRIDGE REFLECTING THIS DESIGNATION.

Whereas, Victoria Marie Cordle of Spartanburg County drowned in a tragic accident in August, 1995, when the car in which she was riding plunged into a flooded Abner Creek in Spartanburg County upon hitting a dip in Bennett's Bridge Road where water had swept over the roadway; and

Whereas, Ms. Cordle, who died at the age of twenty, was a 1993 graduate of James F. Byrnes High School and had been a resident of the area since 1986; and

Whereas, she was a sweet, caring, fun-loving young woman who thoroughly enjoyed boating and swimming; and

Whereas, she loved adventure and life, was always happy and smiling, and was an inspiration to all who knew her; and

Whereas, it is entirely fitting that the bridge where she met her tragic and untimely death should be named for her. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to name the Abner Creek Bridge on Bennett's Bridge Road in Spartanburg County the "Victoria Bridge" in memory of Victoria Marie Cordle and to erect appropriate signs or markers on or near the bridge reflecting this designation.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to the family of the late Victoria Marie Cordle.

Referred to the Committee on Transportation.

S. 1012 -- Senator Greg Smith: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO TAKE THE NECESSARY STEPS TO RENAME THE SAMPIT RIVER BRIDGE IN HONOR OF MR. SYLVAN L. ROSEN.

Whereas, Sylvan Rosen's selfless devotion to duty and charitable service to the citizens of Georgetown County is unparalleled; and

Whereas, he served as Mayor of Georgetown from 1948 to 1961 and it was during this administration that the town of Georgetown experienced unprecedented growth and implemented programs which still serve the citizens of Georgetown; and

Whereas, he served as county attorney for many years generously providing the citizens of Georgetown County valuable legal services without giving consideration to billing the county for these services even though he was entitled to compensation; and

Whereas, he served as attorney for the Georgetown County Water and Sewer District and District Highway Commissioner for many years; and

Whereas, he is truly a distinguished South Carolinian who has given most generously of his time and talents to the Georgetown community for many years, and it would be appropriate that his services be recognized by renaming the Sampit River Bridge in his honor. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to take the necessary steps to rename the Sampit River Bridge the Sylvan L. Rosen Bridge.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

Referred to the Committee on Transportation.

H. 4415 -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE DOUGLAS HUGH MCFADDIN, CLERK OF COURT OF CLARENDON COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4417 -- Rep. R. Smith: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE CITIZENS OF SOUTH CAROLINA TO ALAN B. WHITEHOUSE, M. D., OF THE DEPARTMENT OF SURGERY OF THE UNIVERSITY HOSPITAL, AUGUSTA, GEORGIA, FOR HIS DISTINGUISHED SERVICE TO THE MEDICAL PROFESSION.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4418 -- Reps. Wilder, Stoddard and Carnell: A CONCURRENT RESOLUTION HONORING THE THORNWELL HIGH SCHOOL "BIG DOG" FOOTBALL TEAM ON A MEMORABLE UNDEFEATED STATE CHAMPIONSHIP SEASON FOR 1995.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3864 -- Rep. Quinn: A BILL TO AMEND SECTION 15-41-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS, SO AS TO REVISE A REFERENCE TO CITED PROVISIONS OF THE FEDERAL BANKRUPTCY REFORM ACT.

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

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

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4037 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ADD FORMER COUNTY COUNCIL MEMBERS WHO SERVED AT LEAST TWELVE YEARS ON COUNTY COUNCIL AND TO REQUIRE THESE MEMBERS TO PAY THE EMPLOYER AND EMPLOYEE CONTRIBUTIONS UNDER THE PLAN.

H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO ALLOW RECIPROCAL LICENSING WITHOUT TAKING AN EXAMINATION; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSES WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; AND TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS.

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

The Medical Affairs Committee proposed the following amendment (BR1\18492AC.95), which was tabled:

Amend the bill, as and if amended, Section 40-51-30, page 2, line 24, by inserting after /Governor,/ /with the advice and consent of the Senate,/.

Amend further, Section 40-51-80, page 4, line 16, by inserting after /such/ /may use/.

Amend further by deleting Section 3 and inserting:

/SECTION   3.   Section 40-51-110 of the 1976 Code is amended to read:

"Section 40-51-110.   Upon payment of a fee to be determined by regulation of the board, a license may be issued without examination to podiatrists a podiatrist or chiropodists a chiropodist removing moving to this State from other states a state maintaining requirements for the practice of podiatry or chiropody equal to the standard in this State and extending the same reciprocal privileges to podiatrists or chiropodists in this State. Any podiatrist or chiropodist who has been practicing his profession in any state for a period of one year or more, who has been duly licensed by a state board and who has enjoyed during such time good professional repute, may upon presentation of proper credentials be issued a license without examination./"

Amend further, Section 40-51-130, page 5, line 11, by deleting /issued under this chapter/.

Amend further, Section 40-51-160(A) and (B), page 5, by deleting lines 16-31 and inserting:

/"Section 40-51-160.   (A)   The State Board of Podiatry, if it has reason to believe grounds exist, shall notify a licensee not less than thirty days before a scheduled hearing of its intention to suspend or revoke the license of the licensee. The notice must specify the alleged grounds for suspension or revocation and offer the licensee reasonable opportunity to be heard in answer to the allegations. The decision to suspend or revoke the license must be by majority vote of the total membership of the board. When there is reason to believe that there has been a violation of this chapter or a regulation promulgated under this chapter, the Department of Labor, Licensing, and Regulation may investigate the alleged violation by a podiatrist or chiropodist or by a person who has practiced or attempted to practice podiatry or chiropody without a license. Upon notice and an opportunity for a hearing in accordance with the Administrative Procedures Act, the board may deny the issuance of a license or suspend, revoke, or restrict a license or fine a person found to have violated a provision of this chapter or a regulation promulgated under this chapter. Any A decision of the board to revoke or suspend a license made pursuant to this section is subject to review by an Administrative Law Judge as provided under Article 5 of Chapter 23 of Title 1.

(B)   A decision by the board to deny the issuance of a license or suspend, or revoke, or restrict a license by the board or impose a fine is effective upon delivery of a copy of the decision to the licensee and a petition for review by an Administrative Law Judge is not a supersedeas. The grounds for denying issuance of a license or for revocation, or suspension, or restriction of a license or for imposition of a fine are is a satisfactory showing to the board of any of the following that a person:/.

Amend further, Section 40-51-160(B)(11), page 6, by deleting lines 20-21 and inserting: /violation, or conspiring to violate, any provisions a provision or terms of the podiatry practice laws this chapter or a regulation promulgated under this chapter./

Amend further, Section 40-51-160, page 7, by deleting /medicine/ on lines 1 and 23 and inserting /podiatry/.

Amend further, Section 40-51-160, page 7, by inserting before the quotes at the end of line 23: /The board may impose a fine under this section up to five hundred dollars for each violation of this chapter or of a regulation promulgated under this chapter, but the total fine may not exceed five thousand dollars. All fines must be remitted to the State Treasurer and deposited in a special fund from which the board must be reimbursed upon the approval of the State Budget and Control Board for administrative costs associated with each complaint or alleged violation. At any time the revenue in this fund exceeds twenty thousand dollars, all funds in excess of twenty thousand dollars must be remitted to the general fund. Fines are payable immediately upon the effective date of the board's action imposing the fine. Interest accrues after fines are due at the maximum rate allowed by law. The license of a person against whom a fine is imposed may not be reinstated until the fine has been paid in full./

Amend further by adding appropriately numbered sections to read:

/SECTION   __.   Section 40-51-40 of the 1976 Code is amended to read:

"Section 40-51-40.   The Board of Podiatry Examiners may formulate promulgate regulations to carry out the terms of this chapter including, but not limited to, regulations establishing continuing education requirements."

SECTION   __.   The 1976 Code is amended by adding:

"Section 40-51-57.   In addition to all licensing requirements provided for in this chapter, an applicant for licensure must have completed a one-year post-podiatric medical formal preceptorship or residency program approved by the American Association of Podiatric Physicians and Surgeons or the American Podiatric Medical Association."/

Renumber sections to conform.

Amend title to conform.

Senator BRYAN spoke on the amendment and moved to table the committee amendment.

There was no objection and the amendment was tabled.

Senators BRYAN and GIESE proposed the following amendment (PT\2124AC.96), which was adopted:

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

/SECTION   1.   The 1976 Code is amended by adding:

"Section 40-51-57.   (A)   In addition to all licensing requirements provided for in this chapter, an applicant for licensure must have completed a one-year post-podiatric medical formal preceptorship or residency program approved by the American Association of Podiatric Physicians and Surgeons or the American Podiatric Medical Association.

(B)   The board may issue limited licenses to podiatrists participating in approved preceptorship or residency programs."

SECTION   2.   Section 40-51-30 of the 1976 Code, as last amended by Act 28 of 1993, is further amended to read:

"Section   40-51-30.   For the purpose of carrying out this chapter, the Governor shall appoint a Board of Podiatry Examiners, to consist of four podiatrists, actually engaged in this practice in the State and one consumer member. All members of the board must be residents of South Carolina. Nominations of the podiatrists for appointment to the board must be received by the Governor from the South Carolina Board of Podiatry Examiners with all licensed active practicing podiatrists residing in this State having an opportunity to vote and being eligible to be candidates during a pre-announced election. The Governor shall appoint the consumer member from the State at large. The Governor may reject any or all of the nominees upon satisfactory showing as to 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. The members of the board must be appointed by the Governor for terms of two years. The Governor may remove from office members of the Board of Podiatry Examiners for neglect of duties as required by this chapter or for malfeasance in office for unprofessional conduct. The State Board of Medical Examiners shall designate one medical doctor as a consultant to the board. The Attorney General of South Carolina is the legal advisor to the board with power to prosecute any violation of this chapter.

(A)   There is created the Board of Podiatry Examiners to be composed of five members, appointed by the Governor with the advice and consent of the Senate, one of whom must be a lay member from the State at large, one of whom must be a podiatrist from the State at large who shall serve as chairman, and three of whom must be podiatrists, one from each of these districts:

(1)   the Upper District comprised of Oconee, Pickens, Anderson, Greenville, Spartanburg, Cherokee, Union, York, Chester, Fairfield, Lancaster, Newberry, Saluda, Edgefield, McCormick, Greenwood, Laurens, and Abbeville counties;

(2)   the Central District comprised of Kershaw, Chesterfield, Marlboro, Darlington, Lee, Sumter, Clarendon, Richland, Calhoun, Orangeburg, Lexington, Aiken, Barnwell, and Allendale counties; and

(3)   the Lower District comprised of Hampton, Jasper, Beaufort, Colleton, Charleston, Dorchester, Bamberg, Berkeley, Williamsburg, Georgetown, Florence, Horry, Marion, and Dillon counties.

(B)   The podiatrist at large and the lay member serve coterminously with the appointing Governor and until their successors are appointed and qualify. The board shall conduct an election to nominate three podiatrists from each district to be submitted to the Governor for consideration for appointment. The Governor shall appoint one podiatrist to represent each district from among the nominees submitted for that district. The election shall provide for participation by all podiatrists currently licensed. The podiatrists elected must be residents of the district they represent, licensed, and in good standing to practice podiatry in this State and actively engaged in the practice of podiatry in this State. The elected members of the board representing the three districts shall serve a four-year term. No member may serve more than one term of office; however, a person appointed to fill an unexpired portion of a term if reelected and reappointed may serve one full term.

(C)   Before January sixteenth in the year in which the term expires for a member representing a district, a qualified podiatrist desiring to be a candidate for the board must submit to the secretary of the board a biography and a statement indicating a desire to be a candidate for the board. The secretary shall prepare ballots for mailing to all licensed podiatrists. The ballots must be in a form that makes tabulation quick and easy and shall contain the names of the nominees in alphabetical order. Enclosures to accompany the ballots shall include the envelope in which the ballot is to be sealed and an envelope addressed to the secretary of the board.

(D)   Ballots must be mailed by the secretary before April second to the last known mailing address of all licensed podiatrists and must be returned to the secretary postmarked before May second and received by the office before May eleventh. The secretary of the board shall certify in the presence of an employee of the Department of Labor, Licensing, and Regulation who is not employed by the board that these ballots are true and valid.

(E)   Before June second the board shall certify in writing to the Governor the names of the three persons winning the election and the name of the person on the board the nominees are being considered to replace. The member, when appointed by the Governor, takes office the first of July of that year.

(F)   Notwithstanding subsection (B), if a nominee is judged unfit by the Governor, the board must be informed and other nominees must be submitted in like manner.

(G)   Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.

(H)   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."

SECTION   3.   Section 40-51-40 of the 1976 Code is amended to read:

"Section 40-51-40.   The Board of Podiatry Examiners may formulate promulgate regulations to carry out the terms of this chapter including, but not limited to, regulations establishing continuing education requirements."

SECTION   4.   Section 40-51-80 of the 1976 Code is amended to read:

"Section 40-51-80.   For the purposes of examination the board shall use the National Board of Podiatry Examination and such may use other practical written or oral or written and oral examination examinations as the board deems considers necessary. The board shall offer the required examinations at least twice annually. Each A successful applicant if he who has completed all requirements shall be is eligible for a certificate to practice podiatric medicine."

SECTION   5.   Section 40-51-110 of the 1976 Code is amended to read:

"Section 40-51-110.   Upon payment of a fee to be determined by regulation of the board, a license may be issued to podiatrists a podiatrist or chiropodists a chiropodist removing moving to this State from other states a state maintaining requirements for the practice of podiatry or chiropody equal to the standard in this State and extending the same reciprocal privileges to podiatrists or chiropodists in this State. Any podiatrist or chiropodist who has been practicing his profession in any state for a period of one year or more, who has been duly licensed by a state board and who has enjoyed during such time good professional repute, may upon presentation of proper credentials may be issued a license without examination."

SECTION   6.   Section 40-51-130 of the 1976 Code is amended to read:

"Section 40-51-130.   Every A license shall must be conspicuously displayed at the place of practice and must be recorded in the office of the clerk of court of each county wherein the licensee practices within thirty days of its issue."

SECTION   7.   Section 40-51-140 of the 1976 Code is amended to read:

"Section 40-51-140.   Every A person licensed to practice podiatry or chiropody must pay an annual renewal license fee which shall must be established by in regulation of by the board and must submit documentation of having completed twelve hours of continuing medical education through a program approved by the South Carolina Board of Podiatry Examiners. If the renewal fee is not accompanied with the appropriate continuing education documentation, the license may not be renewed and is considered late and subject to the penalties promulgated by the board in regulation. This continuing education requirement takes effect and applies to licenses being renewed beginning in 1997. If such the renewal fee is not paid within three two months after the date of notification by the secretary that such the fee is due, the license of the person so failing to pay shall be considered late and a penalty imposed as determined by regulation. After an additional sixty days a nonrenewed license must be suspended or revoked and shall must be reissued only by a majority vote of the Board of Podiatry Examiners and upon payment of a late fee and penalties established by the board."

SECTION   8.   Section 40-51-160 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 40-51-160.   (A)   The State Board of Podiatry, if it has reason to believe grounds exist just cause, shall notify a licensee not less than thirty days before a scheduled hearing of its intention to suspend or revoke the license of the licensee. The notice must specify the alleged grounds for suspension or revocation and offer the licensee reasonable opportunity to be heard in answer to the allegations. The decision to suspend or revoke the license must be by majority vote of the total membership of the board. Any A decision of the board to revoke or suspend a license is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1.

(B)   A decision to suspend or revoke a license by the board is effective upon delivery of a copy of the decision to the licensee, and a petition for review by an administrative law judge is not a supersedeas. The grounds for revocation or suspension of a license are a satisfactory showing to the board of any of the following that a holder of a license:

(1)   that any used a false, fraudulent, or forged statement or document has been used or any practiced a fraudulent, deceitful, or dishonest act has been practiced by the holder of a license in connection with any of the a licensing requirements requirement;

(2)   that the holder of a license has been convicted of a felony or any other crime involving moral turpitude, drugs, or gross immorality;

(3)   that the holder of a license is addicted to alcohol or drugs to such a degree as to render the podiatrist unfit to practice podiatry;

(4)   that the holder of a license has been convicted of the illegal or unauthorized practice of podiatry;

(5)   that the holder of a license has knowingly performed any an act which in any way assists an unlicensed person to practice podiatry;

(6)   that the holder of a license has sustained any a physical or mental disability which renders further practice by the podiatrist dangerous to the public;

(7)   that the holder of a license has engaged in advertising for the practice of podiatry in a manner that is deceptive or untruthful;

(8)   that the holder of a license is guilty of the performance of any dishonorable, unethical, or unprofessional conduct that is likely to deceive, defraud, or harm the public;

(9)   that the holder of a license is guilty of the use of any a false or fraudulent statement in any a document connected with the practice of podiatry;

(10)   that the holder of a license is guilty of obtaining fees or assisting in obtaining fees under dishonorable, false, or fraudulent circumstances; or

(11)   that the holder of a license has violated or attempted to violate, directly or indirectly, or is assisting in or abetting the violation, or conspiring to violate, any provisions a provision or terms term of the podiatry practice laws this chapter or a regulation promulgated under this chapter.

(C)   In addition to all other remedies and actions incorporated in this article chapter, the license of any a person adjudged mentally incompetent by any a court of competent jurisdiction is automatically suspended by the board until he the person is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.

(D)   In enforcing subsections (B)(3) and (6), the board upon just cause may require a licensee or applicant to submit to a mental or physical examination by a physician mutually agreed to by the licensee or applicant and the board. If agreement is not reached, an administrative law judge may appoint a physician to conduct the examination. The results of an examination are admissible in a hearing before the board, notwithstanding a claim of privilege under any other provision of law. A person who accepts the privilege of practicing podiatry in this State or who files an application for a license to practice podiatry in this State is deemed to have consented to submit to a mental or physical examination and to have waived all objections to the admissibility of the results in a hearing before the board upon the grounds of a privileged communication. If a licensee or applicant fails to submit to an examination when properly directed by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing podiatry under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of podiatry with reasonable skill and safety to patients.

(E)   In enforcing subsections (B)(3) and (6), the board upon just cause may obtain records relating to the mental or physical condition of a licensee or applicant including, but not limited to, psychiatric records. These records are admissible in a hearing before the board, notwithstanding any other provision of law, if there is a prior showing that the past mental or physical condition of the licensee or applicant relates to a condition which may render the licensee or applicant unfit to practice podiatry. A person who accepts the privilege of practicing podiatry in this State or who files an application to practice podiatry in this State is deemed to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds of a privileged communication. If a licensee or applicant refuses to sign a written consent for the board to obtain these records when properly requested by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing podiatry under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of podiatry with reasonable skill and safety to patients.

(F)   The board may impose a fine of up to five hundred dollars for each violation of this chapter or of a regulation promulgated under this chapter; however, the total fine may not exceed five thousand dollars. All fines must be remitted to the State Treasurer and deposited in a special fund from which the board must be reimbursed upon the approval of the State Budget and Control Board for administrative costs associated with each complaint or alleged violation. At any time the revenue in this fund exceeds twenty thousand dollars, all funds in excess of twenty thousand dollars must be remitted to the general fund. Fines are payable immediately upon the effective date of the board's action imposing the fine. Interest accrues after fines are due at the maximum rate allowed by law. The license of a person against whom a fine is imposed may not be reinstated until the fine has been paid in full."

SECTION   9.   Section 44-7-70 of the 1976 Code is amended to read:

"Section 44-7-70.   (A)   The medical staff chief or medical director of every a health care facility, as defined in Section 44-7-130, shall report in writing to the State Board of Medical Examiners the results of, and the circumstances concerning, any an action resulting in the revocation or suspension of, or other limitation upon, a physician's privileges to practice in that health care facility. This report is not required in the case of any of the following:

(1)   a nondisciplinary resignation by the physician; however, any a resignation occurring after an incident or occurrence which could result in the revocation or suspension of, or other limitation upon, the physician's privileges must be reported;

(2)   a minor disciplinary action regarding the physician's privileges in that health care facility when the action taken does not involve the revocation or suspension of, or other limitation upon, the physician's privileges to practice there;

(3)   a disciplinary action resulting from the physician's failure to meet recordkeeping standards;

(4)   a disciplinary action resulting from the physician's failure to attend meetings; or

(5)   other disciplinary actions as defined by regulation promulgated by the State Board of Medical Examiners.

Any person making the a report required by this section is immune from criminal and civil liability in making the report, if the report is made in good faith and without malice.

(B)   The medical staff chief or medical director of a health care facility, as defined in Section 44-7-130, shall report in writing to the State Board of Medical Examiners and to the Board of Podiatry Examiners the results of and the circumstances concerning an action resulting in the revocation or suspension of or other limitation upon, a podiatrist's privileges to practice in that health care facility. This report is not required in the case of:

(1)   a nondisciplinary resignation by the podiatrist; however, a resignation occurring after an incident or occurrence which could result in the revocation or suspension of or other limitation upon the podiatrist's privileges must be reported;

(2)   a minor disciplinary action regarding the podiatrist's privileges in that health care facility when the action taken does not involve the revocation or suspension of or other limitation upon the podiatrist's privileges to practice there;

(3)   a disciplinary action resulting from the podiatrist's failure to meet recordkeeping standards;

(4)   a disciplinary action resulting from the podiatrist's failure to attend meetings; or

(5)   other disciplinary actions as defined by regulation promulgated by the Board of Podiatry Examiners."

SECTION   10.   Section 44-51-90 of the 1976 Code is repealed.

SECTION   11.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

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

The following Bill having been read the second time was ordered placed on the third reading Calendar:

H. 4217 -- Reps. Baxley, J. Harris, Jennings and Neilson: A BILL TO REPEAL ACT 467 OF 1969 RELATING TO EXTENDING THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY TO INCLUDE CERTAIN AREAS OUTSIDE THE CORPORATE LIMITS OF JEFFERSON.

S. 250 -- Senators Martin, Courtney, Courson, Rose, Gregory, Leventis and Richter: A BILL TO AMEND SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROVIDE THAT THE SENTENCE FOR A PERSON CONVICTED OF MURDER MUST BE LIFE IMPRISONMENT WITHOUT ELIGIBILITY FOR PAROLE WHEN AN AGGRAVATING CIRCUMSTANCE IS FOUND AND WHEN THE IMPOSITION OF THE DEATH PENALTY IS NOT RECOMMENDED.

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

There was no objection.

On motion of Senator HOLLAND, the Bill was recommitted to the Committee on Judiciary.

H. 3238 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-435 SO AS TO ALLOW LOCAL GOVERNMENTS, SCHOOL DISTRICTS, AND CHARITABLE ORGANIZATIONS TO USE INMATES TO PERFORM CONSTRUCTION, REPAIR, AND MAINTENANCE SERVICES; BY ADDING SECTION 24-13-100 SO AS TO PROVIDE THE CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE; BY ADDING SECTION 24-13-150 SO AS TO PROVIDE THE CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE; BY ADDING SECTION 24-13-175 SO AS TO PROVIDE THAT SENTENCES IMPOSED AND TIME SERVED BE COMPUTED BASED UPON A THREE HUNDRED AND SIXTY-FIVE DAY YEAR; BY ADDING SECTION 24-21-560 SO AS TO PROVIDE A PERSON WHO COMMITS A CRIME SATISFACTORILY COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO NOTIFY THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION OF AN INMATE'S PROJECTED RELEASE DATE, AND TO REQUIRE THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION TO NOTIFY VICTIMS AND THE LOCAL SHERIFF'S OFFICE OF THE PLACE WHERE THE INMATE IS TO BE RELEASED WHEN HE IS PLACED IN COMMUNITY SUPERVISION; TO AMEND SECTIONS 1-30-10 AND 1-30-85, RELATING TO DEPARTMENTS RESTRUCTURED WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF PROBATION, PARDON, AND PAROLE TO THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION, RESPECTIVELY; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE SEPARATE SENTENCING PROCEEDING TO DETERMINE WHETHER A SENTENCE SHOULD BE DEATH OR LIFE IMPRISONMENT FOR A PERSON CONVICTED OF MURDER, SO AS TO REVISE THE TERMS OF IMPRISONMENT THAT MAY BE IMPOSED DURING THIS PROCEEDING; TO AMEND SECTION 16-3-625, RELATING TO RESISTING ARREST WITH A DEADLY WEAPON, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE CHARGED WITH THE CRIME, REVISE THE PENALTY, AND TO REVISE THE DEFINITION OF "DEADLY WEAPON"; TO AMEND SECTION 16-3-1180, AS AMENDED, RELATING TO THE COMPENSATION OF CRIME VICTIMS, SO AS TO REVISE THE MAXIMUM AWARD A CRIME VICTIM MAY RECEIVE; TO AMEND SECTION 16-3-1260, RELATING TO THE REIMBURSEMENT OF THE STATE BY A CONVICTED PERSON FOR PAYMENT FROM THE VICTIM'S COMPENSATION FUND, SO AS TO ELIMINATE THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS' RIGHT TO MAKE PAYMENT OF THE DEBT OR A PORTION OF THE DEBT A CONDITION OF PAROLE, TO SUBSTITUTE "STATE OFFICE OF VICTIM ASSISTANCE" FOR "VICTIM'S COMPENSATION FUND" AND TO SUBSTITUTE "SOUTH CAROLINA DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "SOUTH CAROLINA BOARD OF PAROLE AND COMMUNITY CORRECTIONS"; TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", TO ALLOW THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND THE DEPARTMENT OF CORRECTIONS TO DISCLOSE BETWEEN THE TWO DEPARTMENTS INFORMATION PROVIDED TO VICTIMS AND WITNESSES, AND TO ELIMINATE RESTITUTION AS A CONDITION OF PAROLE; TO AMEND SECTION 16-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO SUBSTITUTE THE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR THE "PAROLE AND COMMUNITY CORRECTIONS BOARD"; TO AMEND SECTION 16-11-311, RELATING TO BURGLARY IN THE FIRST DEGREE, SO AS TO ELIMINATE PAROLE FOR THE COMMISSION OF THE CRIME; TO AMEND SECTION 17-25-45, RELATING TO A SOLICITOR'S DISCRETION TO INVOKE A LIFE SENTENCE UPON A PERSON CONVICTED THREE TIMES FOR CERTAIN CRIMES, SO AS TO REDUCE THE NUMBER OF PRIOR CONVICTIONS TO TWO BEFORE A LIFE SENTENCE MAY BE IMPOSED, EXCEPT FOR A CRIME FOR WHICH A SENTENCE OF DEATH HAS BEEN IMPOSED, TO DEFINE "LIFE IMPRISONMENT", AND REQUIRE THE SOLICITOR TO GIVE WRITTEN NOTICE OF HIS DECISIONS TO INVOKE SENTENCING UNDER THIS PROVISION BEFORE TRIAL; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO A PRISONER'S PLACE OF CONFINEMENT, SO AS TO SUBSTITUTE "STATE CORRECTIONAL FACILITY" FOR "STATE PENITENTIARY"; TO ALLOW AN INMATE'S SENTENCE TO RUN CONCURRENTLY WITH A SENTENCE RENDERED IN ANOTHER STATE OR A SENTENCE RENDERED ON THE FEDERAL LEVEL, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO NOTIFY THE SOLICITOR, SHERIFF, JUDGE, AND REGISTERED VICTIMS BEFORE RELEASING INMATES ON WORK RELEASE, TO ALLOW THE DEPARTMENT TO DENY WORK RELEASE BASED ON OPINIONS RECEIVED FROM THESE INDIVIDUALS, AND TO ALLOW INMATES TO PARTICIPATE IN THE DEPARTMENT OF CORRECTIONS RESTITUTION PROGRAM; TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE SALE OF PRISON-MADE PRODUCTS, SO AS TO ADD THE TERM "COMMUNITY SUPERVISION"; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO REDUCTION OF A SENTENCE FOR GOOD BEHAVIOR, SO AS TO MODIFY THE PROCEDURE FOR COMPUTING GOOD BEHAVIOR CREDITS, TO ELIMINATE AN INMATE'S ABILITY TO HAVE SERVED A FULL SENTENCE WHEN HE HAS SERVED THE TERM FOR WHICH HE WAS SENTENCED, LESS CREDIT FOR GOOD BEHAVIOR, AND TO PROVIDE THAT CREDITS EARNED UNDER THIS SECTION MAY NOT BE APPLIED TO PREVENT FULL PARTICIPATION IN A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO REDUCTION OF A SENTENCE FOR PARTICIPATION IN AN ACADEMIC, TECHNICAL, OR VOCATIONAL TRAINING PROGRAM, SO AS TO MODIFY THE PROCEDURE FOR COMPUTING ACADEMIC AND WORK CREDITS, TO REDUCE THE MAXIMUM ANNUAL CREDIT FOR BOTH WORK CREDIT AND ACADEMIC CREDIT, TO NOT ALLOW A REDUCTION IN SENTENCE BELOW CERTAIN MINIMUMS, AND TO PROVIDE NO CREDIT EARNED UNDER THIS SECTION MAY BE APPLIED TO PREVENT FULL PARTICIPATION IN A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-1320, AS AMENDED, RELATING TO THE SHOCK INCARCERATION SELECTION COMMITTEE, SO AS TO SUBSTITUTE "DIRECTOR" FOR "COMMISSIONER" AND SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; AND TO AMEND SECTION 24-13-1330, AS AMENDED, RELATING TO AN INMATE'S PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO MODIFY THE PROCEDURE AN INMATE IS CONSIDERED FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, TO SUBSTITUTE "DIRECTOR" FOR "COMMISSIONER", TO ELIMINATE PAROLE FOR INMATES WHO COMPLETE THE SHOCK INCARCERATION PROGRAM, BUT REQUIRE THEM TO BE RELEASED TO COMMUNITY SUPERVISION AND TO PAY RESTITUTION IF APPLICABLE; TO AMEND SECTION 24-13-1520, AS AMENDED, RELATING TO DEFINITIONS UNDER "HOME DETENTION ACT", SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SERVICES" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE PROVISION THAT PROBATION AND PAROLE AUTHORITY IS NOT DIMINISHED BY ANY PROVISION OF THE "HOME DETENTION ACT", SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", AND TO NOT DIMINISH THE AUTHORITY OF THE COURTS, THE DEPARTMENT OF JUVENILE JUSTICE, OR THE DEPARTMENT OF PROBATION AND COMMUNITY SERVICES TO REGULATE OR IMPOSE CONDITIONS ON COMMUNITY SUPERVISION; TO AMEND SECTION 24-19-160, AS AMENDED, RELATING TO THE PROVISIONS THAT THE COURTS' POWERS AND THE JURISDICTION OF THE PROBATION, PAROLE, AND PARDON BOARD ARE NOT AFFECTED BY THE DEPARTMENT OF CORRECTION'S TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SERVICES" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES" AND TO ELIMINATE THE PROVISION THAT MAKES FOR PAROLE PURPOSES A SENTENCE PURSUANT TO SECTION 24-19-5, SIX YEARS; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE STRUCTURE OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES AND THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES" AND SUBSTITUTE "BOARD OF PARDONS" FOR "BOARD OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-21-13, AS AMENDED, RELATING TO THE DUTIES OF THE DIRECTOR AND BOARD OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO REQUIRE THE DIRECTOR TO DEVELOP POLICIES AND PROCEDURE TO PLACE AND SUPERVISE OFFENDERS ON COMMUNITY SUPERVISION, TO DEFINE COMMUNITY SUPERVISION AND AN INMATE'S RIGHT TO BE PLACED IN THIS PROGRAM, AND TO LIMIT THE CASES THE BOARD MUST CONSIDER; TO AMEND SECTION 24-21-30, RELATING TO THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES MEETINGS, SO AS TO ELIMINATE GRANTING PAROLE TO INMATES WHO COMMIT A CRIME AFTER JUNE 30, 1996, AND TO MODIFY THE PROCEDURE FOR GRANTING PAROLES; TO AMEND SECTION 24-21-50, RELATING TO HEARINGS, ARGUMENTS, AND APPEARANCES BEFORE THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO LIMIT THE BOARD TO CONSIDER ONLY HEARINGS FOR PAROLE OR PARDONS AND NOT TO ALLOW AN INMATE THE RIGHT TO CONFRONTATION DURING THESE HEARINGS; TO AMEND SECTION 24-21-60, AS AMENDED, RELATING TO PUBLIC AGENCY AND OFFICIALS COOPERATING WITH THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO ELIMINATE THE DIRECTOR OF THE BOARD'S ABILITY TO CONDUCT SURVEYS OF CORRECTIONAL FACILITIES; TO AMEND SECTION 24-21-80, AS AMENDED, RELATING TO SUPERVISION FEES PAID BY PROBATIONERS AND PAROLEES, SO AS TO INCLUDE COMMUNITY SUPERVISION IN THE PROGRAMS COVERED BY SUPERVISION FEES, TO GRANT THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION THE AUTHORITY TO DETERMINE SUPERVISION FEES, TO MAKE PAYMENT OF A SUPERVISION FEE A CONDITION OF PROBATION, PAROLE, OR COMMUNITY SUPERVISION, TO SUBSTITUTE "DEPARTMENT" FOR "BOARD" AND "COMMUNITY SUPERVISION PROGRAM" FOR "SUPERVISED FURLOUGH PROGRAM", AND TO REVISE THE CONDITIONS FOR WHICH A PERSON MAY BE EXEMPTED FROM PAYING SUPERVISION FEES; TO AMEND SECTION 24-21-220, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO INCLUDE COMMUNITY SUPERVISION AMONG THE PROGRAMS HE MUST EMPLOY STAFF TO CARRY OUT HIS DUTIES; TO AMEND SECTION 24-21-230, AS AMENDED, RELATING TO THE EMPLOYMENT AND TRAINING AND EXAMINING OF PROBATION AGENTS AND CLERICAL ASSISTANTS, SO AS TO FURTHER PROVIDE FOR THE TRAINING AND EXAMINATION OF CERTAIN AGENTS; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO REQUIRE PROBATION AGENTS TO PROVIDE PERSONS RELEASED ON PAROLE OR COMMUNITY SUPERVISION A WRITTEN STATEMENT OF THE TERMS OF THEIR RELEASE AND MAINTAIN CONTACT WITH AND ENCOURAGE THOSE IN COMMUNITY SUPERVISION TO IMPROVE THEIR CONDUCT AND CONDITION, AND TO MAKE PROBATION AGENTS OFFICIAL REPRESENTATIVES OF THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND THE BOARD OF PARDONS; TO AMEND SECTION 24-21-300, RELATING TO THE ISSUING OF A CITATION AND AFFIDAVIT THAT A PERSON RELEASED PURSUANT TO THE PRISON OVERCROWDING ACT IS IN VIOLATION OF HIS TERMS OF RELEASE, SO AS TO ALLOW PROBATION AGENTS TO ISSUE CITATIONS AND AFFIDAVITS TO COMMUNITY SUPERVISION RELEASEES, TO SUBSTITUTE "OFFENDER MANAGEMENT SYSTEMS ACT" FOR "PRISON OVERCROWDING POWERS ACT", AND TO ALLOW A CERTIFICATE OF SERVICE TO BE SUFFICIENT PROOF OF SERVICE THAT A CITATION HAS BEEN SERVED; TO AMEND SECTION 24-21-910, RELATING TO THE DUTY OF THE PROBATION, PAROLE, AND PARDON SERVICES BOARD WITH RESPECT TO REPRIEVES OR COMMUTATION OF DEATH SENTENCES, SO AS TO SUBSTITUTE "BOARD OF PARDONS" FOR "PROBATION, PAROLE, AND PARDON SERVICES BOARD"; TO AMEND SECTION 24-21-950, RELATING TO GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDONS, SO AS TO ALLOW A CRIME VICTIM OR A MEMBER OF A CONVICTED PERSON'S FAMILY TO PETITION FOR A PARDON FOR A PERSON WHO HAS COMPLETED COMMUNITY SUPERVISION OR HAS BEEN DISCHARGED FROM A SENTENCE AND TO ALLOW PERSONS DISCHARGED FROM A SENTENCE WITHOUT BENEFIT OF SUPERVISION BE CONSIDERED FOR A PARDON UPON THE REQUEST OF THE INDIVIDUAL ANYTIME AFTER DISCHARGE; TO AMEND SECTION 24-23-20, RELATING TO THE CASE CLASSIFICATION SYSTEM, SO AS TO MAKE TECHNICAL REVISIONS; TO AMEND SECTION 24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO SUBSTITUTE "SUPERVISED PRISONERS" FOR "PAROLEES", TO INCLUDE COMMUNITY SUPERVISION PROGRAMS IN THE COMMUNITY CORRECTIONS PLAN, SUBSTITUTE "STATE PROBATION AGENTS" FOR "STATE PROBATION AND PAROLE AGENTS", AND TO SUBSTITUTE "COMMUNITY SUPERVISION" FOR "PAROLE"; TO AMEND SECTION 24-23-40, AS AMENDED, RELATING TO THE DEVELOPMENT OF A COMMUNITY CORRECTIONS PLAN, SO AS TO INCLUDE COMMUNITY SUPERVISION RELEASEES AMONG INDIVIDUALS OBTAINING TREATMENT UNDER THE PLAN AND TO ELIMINATE THE CONDUCT OF RESEARCH AND SPECIAL STUDIES ON THE ISSUE OF PAROLE OUTCOMES BY THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES; TO AMEND SECTION 24-23-115, AS AMENDED, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-23-130, AS AMENDED, RELATING TO THE TERMINATION OF SUPERVISION OF A PROBATIONER UPON RECOMMENDATION OF THE RESPONSIBLE COUNTY PROBATION OFFICE, SO AS TO ELIMINATE THE TWO-YEAR PERIOD A PROBATIONER OR SUPERVISED PRISONER MUST WAIT AFTER SATISFACTORILY COMPLETING THE CONDITIONS OF HIS PROBATION OR COMMUNITY SUPERVISION TO BECOME ELIGIBLE FOR TERMINATION OF SUPERVISION; TO AMEND SECTION 24-23-220, AS AMENDED, RELATING TO THE PAYMENT OF ASSESSMENTS AS A CONDITION OF PROBATION AND SUPERVISION FROM RELEASE FROM PRISON, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", AND TO SUBSTITUTE "TREASURER" FOR "TREASURY"; TO REPEAL SECTION 24-1-200, RELATING TO THE DIRECTOR OF THE DEPARTMENT OF CORRECTION'S ABILITY TO INQUIRE INTO INMATE'S SENTENCES, THE CONDITIONS UNDER WHICH INMATES ARE CONFINED AND RECOMMENDATIONS FOR CLEMENCY; SECTION 24-13-60, RELATING TO THE REQUIREMENT THAT CLERKS OF COURT MUST NOTIFY THE DEPARTMENT OF CORRECTIONS OF THE NUMBER OF PERSONS CONVICTED EACH TERM; SECTION 24-13-270, RELATING TO THE PREMATURE RELEASE OF PRISONERS; SECTION 24-13-610, RELATING TO THE EXTENDED WORK RELEASE PROGRAM; SECTION 24-13-620, RELATING TO THE REQUIREMENTS OF EXTENDED WORK RELEASE PROGRAM PARTICIPANTS; SECTION 24-13-630, RELATING TO THE DUTIES OF THE DEPARTMENT OF CORRECTIONS REGARDING THE EXTENDED WORK RELEASE PROGRAM; SECTION 24-13-710, RELATING TO THE IMPLEMENTATION OF GUIDELINES AND ELIGIBILITY CRITERIA FOR THE SUPERVISED FURLOUGH PROGRAM; AND SECTION 24-13-720, RELATING TO INMATES WHO MAY BE PLACED IN A SUPERVISED FURLOUGH PROGRAM; TO DIRECT THE CODE COMMISSIONER TO MAKE APPROPRIATE REVISIONS TO THE CODE; AND TO SAVE PENDING MATTERS.

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

There was no objection.

On motion of Senator HOLLAND, the Bill was recommitted to the Committee on Judiciary.

H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.

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

There was no objection.

On motion of Senator LEVENTIS, the Bill was recommitted to the Committee on Agriculture and Natural Resources, retaining its place on the Calendar.

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

H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 5 (BBM\10332HTC.95) previously proposed by Senators WILSON and THOMAS on June 1, 1995.

Senator LEATHERMAN asked unanimous consent, with Senator WILSON retaining the floor, to make a motion to carry over the Bill until January 24, 1996.

Senator PASSAILAIGUE objected.

Senator WILSON spoke on the amendment.

Senator LEATHERMAN asked unanimous consent, with Senator WILSON retaining the floor, to make a motion to carry over the Bill until January 17, 1996.

There was no objection.

The Bill was carried over until January 17, 1996, with Senator WILSON retaining the floor.

Senator BRYAN, with unanimous consent, spoke on the Bill.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.

Having received a favorable report from the Aiken County Delegation, the following appointment was confirmed in open session:

Reappointment, Aiken County Master-in-Equity, with term to commence June 30, 1995, and to expire June 30, 2001:

The Honorable Robert A. Smoak, Jr., P.O. Box 1397, Aiken, S.C. 29802-1397

Having received a favorable report from the Beaufort County Delegation, the following appointment was confirmed in open session:

Reappointment, Beaufort County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Honorable Delores L. Washington, P.O. Box 845, Lobeco, S.C. 29931-0845

Having received a favorable report from the Cherokee County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Cherokee County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

The Honorable Timothy Scott Ramsey, P.O. Box 2267, Gaffney, S.C. 29341 VICE Tina M. McSwain (resigned)

Having received a favorable report from the Chesterfield County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Chesterfield County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

The Honorable Ronnie L. Simpson, Route 1, Box 385, Patrick, S.C. 29584 VICE Glenn M. McLain (resigned)

Having received a favorable report from the Clarendon County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Clarendon County Magistrate, with term to commence August 29, 1995, and to expire April 30, 1998:

The Honorable Edward M. Stuckey, Route 2, Box 1726, Summerton, S.C. 29148 VICE New Seat

Having received a favorable report from the Colleton County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Colleton County Board of Voter Registration, with term to commence March 15, 1994, and to expire March 15, 1996:

At-Large:

Mrs. Mildred W. Smith, Route 1, Box 241, Islandton, S.C. 29929 VICE Annie S. Strickland (retired)

Having received a favorable report from the Lexington County Delegation, the following appointment was confirmed in open session:

Reappointment, Lexington County Master-in-Equity, with term to commence January 1, 1995, and to expire January 1, 2001:

The Honorable George William Jefferson, 221 Barmount Drive, Columbia, S.C. 29210

Having received a favorable report from the Newberry County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Newberry County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Arthur L. Jayroe, Jr., P.O. Box 95, Little Mountain, S.C. 29075 VICE Emily E. Clements (resigned effective July 31, 1995)

On motion of Senators WILSON, DRUMMOND, ALEXANDER, BOAN, BRYAN, CORK, COURSON, COURTNEY, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, HAYES, HOLLAND, JACKSON, LAND, LANDER, LEATHERMAN, LEVENTIS, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PASSAILAIGUE, PATTERSON, PEELER, RANKIN, REESE, ROSE, RUSSELL, RYBERG, SALEEBY, SETZLER, SHORT, GREG SMITH, J. VERNE SMITH, THOMAS, WALDREP and WASHINGTON with unanimous consent, the Senate stood adjourned out of respect to the memory of Annette Richter, beloved sister of Senator RICHTER.

At 12:15 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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