The Senate assembled at 11 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, in that treatise we know as the Sermon on the Mount we read in Matthew five (v.6):
"Blessed are they which hunger
and thirst after righteousness:
For they shall be filled."
Let us pray.
We know, O Lord, that the disciples of Jesus were common men and women, such as we are: plodding, working, hoping, dreaming! Sometimes misunderstanding and sometimes misunderstood! Ambitious! Sometimes wavering and faltering! Enthusiastic! Fearful!
But then we hunger to do the right things! We thirst after the water that sustains life and character!
Help us to hunger and thirst after loyalty, courage, faith and the willingness to take up any burden that is for the good of our people... or of all mankind.
If we can't always win, help us always to try!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
June 19, 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, State Board of Social Work Examiners, with term to commence November 27, 1992, and to expire November 27, 1996:
Master:
Mr. John R. Kennedy, 917 Rolling View Lane, Columbia, S.C. 29210 VICE William Deemer/Charles Abercrombie
Referred to the General Committee.
MESSAGE FROM THE GOVERNOR
July 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, Director of the Department of Insurance, with term to commence July 1, 1995, and to expire at the pleasure of the Governor:
Mr. Lee P. Jedziniak, Director, Department of Insurance, 1612 Marion Street, Columbia, S.C. 29201
Referred to the Committee on Banking and Insurance.
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, Director of the Department of Public Safety, with term to commence February 1, 1996, and to expire February 1, 2000:
Mr. B. Boykin Rose, Director, Department of Public Safety, 5400 Broad River Road, Columbia, S.C. 29210
Referred to the Committee on Judiciary.
Senator COURTNEY introduced Dr. Carol S. Nicholes of Spartanburg, S.C., Doctor of the Day.
On motion of Senator J. VERNE SMITH, at 11:00 A.M., Senator DRUMMOND was granted a leave of absence for today.
Columbia, S.C., January 10, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained veto #60 by the Governor on H. 3362, by a vote of 59 to 61 and all remaining vetoes were continued.
Very respectfully,
Speaker of the House
Received as information.
The following were introduced:
S. 1013 -- Senator McConnell: 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.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1014 -- Senators McConnell, Passailaigue, Courson and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED THEREIN REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS.
Read the first time and referred to the Committee on Judiciary.
S. 1015 -- Senator Reese: A BILL TO ELIMINATE THE DEPARTMENT OF PUBLIC SAFETY'S OFFICE OF PROFESSIONAL RESPONSIBILITY AND TO PLACE UNEXPENDED FUNDS USED FOR THE OPERATION OF THIS OFFICE IN THE GENERAL FUND OF THE STATE.
Read the first time and referred to the Committee on Judiciary.
S. 1016 -- Senator Martin: A BILL TO AMEND SECTION 16-11-620 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES OF ENTERING THE PREMISES OF ANOTHER PERSON AFTER WARNING AND REFUSING TO LEAVE THE PREMISES OF ANOTHER PERSON ON REQUEST, SO AS TO DELETE THE REQUIREMENT THAT THE WARNING REQUIRED BY THIS SECTION FOR THE OFFENSE OF ENTERING THE PREMISES OF ANOTHER PERSON AFTER WARNING MUST HAVE BEEN MADE WITHIN THE PRECEDING SIX MONTHS.
Read the first time and referred to the Committee on Judiciary.
S. 1017 -- Senator Bryan: A BILL TO AMEND SECTION 42-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION COMMISSION, SO AS TO INCREASE THE NUMBER OF COMMISSIONERS COMPRISING THE COMMISSION FROM SEVEN TO TEN.
Read the first time and referred to the Committee on Judiciary.
S. 1018 -- Senators Hayes and Giese: A BILL TO AMEND SECTION 27-40-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENTIAL LANDLORD AND TENANT ACT AND THE REQUIREMENT THAT A TENANT SHALL OCCUPY HIS DWELLING UNIT ONLY AS A DWELLING UNIT AND SHALL NOT CONDUCT OR PERMIT ANY ILLEGAL ACTIVITIES IN HIS DWELLING UNIT, SO AS TO ADD PROVISIONS COMPELLING EVICTION UNDER CERTAIN CIRCUMSTANCES.
Read the first time and referred to the Committee on Judiciary.
S. 1019 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-215 SO AS TO PROHIBIT A HEALTH BENEFIT POLICY FROM REQUIRING AS A CONDITION FOR THE COVERAGE OF DERMATOLOGICAL SERVICES THAT THE INSURED FIRST OBTAIN A REFERRAL FROM A PRIMARY CARE PHYSICIAN.
Read the first time and referred to the Committee on Medical Affairs.
S. 1020 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-273 SO AS TO PROVIDE THAT A HEALTH BENEFIT POLICY OF INSURANCE MAY NOT REQUIRE AS A CONDITION TO THE COVERAGE OF DERMATOLOGICAL SERVICES THAT AN ENROLLEE, SUBSCRIBER, OR INSURED FIRST OBTAIN A REFERRAL FROM A PRIMARY CARE PHYSICIAN.
Read the first time and referred to the Committee on Medical Affairs.
S. 1021 -- Senators Courson and Giese: A CONCURRENT RESOLUTION TO RECOGNIZE THE WORK AND CONTRIBUTIONS OF THE STAFF AND PATIENTS OF THE ADOLESCENT CANCER SUPPORT GROUP "LASTING IMPRESSIONS" DURING THEIR TEN YEAR ANNIVERSARY CELEBRATION AND TO ACKNOWLEDGE THE YOUNG PEOPLE WHO HAVE PARTICIPATED IN THE LASTING IMPRESSIONS PROGRAM DURING THE PAST TEN YEARS AND TO DESIGNATE SATURDAY, JANUARY 27, 1996, AS "LASTING IMPRESSIONS DAY".
Whereas, the number of young South Carolinians affected by cancer necessitates the need for continuing development of support groups and therapy programs to assist these young patients in coping with a difficult situation; and
Whereas, the crisis caused by a diagnosis of cancer can be lessened through therapeutic activities and support from other cancer patients; and
Whereas, The Children's Center for Cancer and Blood Disorders of Richland Memorial Hospital is responsible for the treatment and care of adolescents with cancer and realizes that the problems and uncertainties of youth are further compounded by a diagnosis of cancer; and
Whereas, The LASTING IMPRESSIONS Support Group was developed by the center and designed to provide an environment where adolescents can face the crisis of a cancer diagnosis and help each other deal with the problems and fears associated with cancer as well as discuss the other issues ordinarily faced by adolescents; and
Whereas, since its inception in November 1985, adolescents have received assistance in crisis resolution, community reentry, and support for long term adjustment; and
Whereas, both current and former members of The LASTING IMPRESSIONS Support Group personify the spirit of altruism, hope, and courage which should be emulated by all South Carolinians. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That Saturday, January 27, 1996, is designated as "LASTING IMPRESSIONS Day" in South Carolina.
Be it further resolved that the General Assembly extends to the members and supporters of The LASTING IMPRESSIONS Support Group its sincere wishes for continued success in its constructive and compassionate efforts on behalf of adolescents with cancer.
Be it further resolved that a copy of this resolution be forwarded to The Children's Center for Cancer and Blood Disorders of Richland Memorial Hospital.
Referred to the Committee on Invitations.
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.
Read the first time and on motion of Senator McCONNELL, with unanimous consent, ordered placed on the Calendar without reference.
H. 4310 -- Reps. McElveen, G. Brown, Canty, Neal, J. Young, Harvin, Baxley, T. Brown and Kennedy: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE DAVID F. MCINNIS OF SUMTER COUNTY FOR HIS OUTSTANDING SERVICE AS JUDGE OF THE THIRD JUDICIAL CIRCUIT AND EXTENDING JUDGE MCINNIS OUR BEST WISHES FOR HAPPINESS FOLLOWING HIS RETIREMENT FROM THE CIRCUIT BENCH.
The Concurrent Resolution was adopted, ordered returned to the House.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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. 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.
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 third reading of the Bill.
Senator BRYAN proposed the following amendment (PFM\7789AC.96), which was adopted:
Amend the bill, as and if amended, beginning on page 8, line 28, SECTION 9, by striking Section 44-7-70 and inserting:
/"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.
(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.
(C) Any A 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."/
Renumber sections to conform.
Amend totals and title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
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.
On motion of Senator ROSE, S. 1003 was ordered to receive a third reading on Friday, January 12, 1996.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator McCONNELL moved that it be the Sense of the Senate regarding the provisions of Rule 48 when first reading is refused in the initial year of a two-year session to provide that the legislation should be reintroduced in the second year and considered as is the case with other legislation received from the House and that this motion shall apply retroactively to 1995.
The motion was adopted.
H. 3652 -- Reps. Keegan, Meacham, A. Young, Cobb-Hunter, Wofford, Bailey, Delleney, Worley, Whatley, Kelley, Thomas, Gamble, Koon, Seithel, Wells, Huff, Witherspoon, Riser, Martin, Spearman, McTeer and Fulmer: A BILL TO AMEND SECTION 22-5-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPUNGEMENT OF A CRIMINAL RECORD, SO AS TO PROHIBIT THE EXPUNGEMENT OF A CRIMINAL RECORD FOR A CRIME CONTAINED IN CHAPTER 25 OF TITLE 16.
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. 3765 -- Reps. Meacham, Elliott, Herdklotz, Allison, Mason, Simrill, Wells, Moody-Lawrence, Littlejohn, Easterday, A. Young, Tripp, Rice, Fleming, Cato, Koon, Gamble and Riser: A BILL TO AMEND SECTION 16-25-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.
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. 3704 -- Reps. Knotts, Whatley, Limehouse, Askins, Delleney, H. Brown, G. Brown, Fleming, Easterday, Cotty, Haskins, Hallman, Cromer, Cobb-Hunter, Herdklotz, Rogers, Neilson, Inabinett, Allison, Wright, Thomas, Moody-Lawrence, Howard, Tripp, Harrison, Stille, Martin, Huff, Stoddard, Koon, Wilkins, Keyserling, Riser, Wells, Gamble, McCraw, Kirsh, Dantzler, Sandifer, Wilkes, Seithel, Shissias, Jennings, Boan, Sheheen, D. Smith, Littlejohn, McTeer, Harvin, Vaughn, Cato, Spearman, Kinon, Hutson, Mason, Baxley, Quinn, Lloyd, Davenport, J. Harris, T. Brown, Lanford, Harwell, Harrell, Cain, Wilder, Byrd, Beatty and J. Young: A BILL TO AMEND SECTIONS 47-3-610, 47-3-620, AND 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING THE TEASING, MALTREATING, AND INJURING OF POLICE DOGS AND PENALTIES ASSOCIATED WITH THESE ACTIVITIES, SO AS TO EXTEND THESE PROHIBITIONS TO POLICE HORSES AND TO INCREASE THE PENALTIES.
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.
S. 935 -- Senators Lander, Courson, Rose, Hayes, Alexander, Short, Wilson, Boan, Washington, Elliott, Drummond, J. Verne Smith, Holland, Leventis, Giese, O'Dell: A BILL TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1996 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5065 SO AS TO PROVIDE FOR A DESIGNATION ON STATE INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE GIFT OF LIFE TRUST FUND; BY ADDING ARTICLE 13 TO TITLE 44, CHAPTER 43 SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND, TO PROVIDE FOR ITS BOARD OF DIRECTORS, DUTIES, AND FOR EXPENDITURE OF FUNDS; AND BY ADDING SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO VOLUNTARILY CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE TRUST FUND.
Senator LANDER moved to recall the Bill from the Committee on Finance.
The motion was adopted.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator LANDER proposed the following amendment (PFM\7788AC.96), which was adopted:
Amend the bill, as and if amended, beginning on page 1, by deleting Section 12-6-5065(A) and inserting:
/(A) Each taxpayer required to file a state income tax return who desires to contribute to the Gift of Life Trust Fund of South Carolina as created by Section 44-43-1310 may designate the contribution on the appropriate state individual income tax form. The contribution may not increase or decrease the income tax liability of the taxpayer and may be made by reducing the income tax refund of a taxpayer by the amount designated or by accepting additional payment from the taxpayer by the amount designated, whichever is appropriate./
Amend further, page 4, beginning on line 16, by deleting Section 44-13-1370(2) and (3) and inserting:
/(2) development and promotion of organ and tissue donor public awareness educational programs in cooperation with the South Carolina Donor Network including, but not limited to, the American Red Cross Southeastern Tissues Services, the South Carolina Lions Eye Bank, the South Carolina Organ Procurement Agency, the Living Bank, and the United Network for Organ Sharing;
(3) encouraging the incorporation of organ and tissue donation education into the medical and nursing school curricula of the Medical University of South Carolina and the University of South Carolina; if funds are provided to a university for this educational purpose, the university annually shall conduct a survey to determine if attitudes of its students and graduates have been altered by the curriculum. The results of the survey must be submitted to the trust fund;/
Amend title to conform.
Senator LANDER explained the amendment.
The amendment was adopted.
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.
On motion of Senator LANDER, S. 935 was ordered to receive a third reading on Friday, January 12, 1996.
Having received a favorable report from the Union County Delegation, the following appointment was confirmed in open session:
Reappointment, Union County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Sarah M. Smith, Post Office Box 35, Carlisle, S.C. 29031
Having received a favorable report from the Fairfield County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Fairfield County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
The Honorable William M. Estes, III, Route 3, Box 60, Winnsboro, S.C. 29180 VICE Thelmer M. Cook
Having received a favorable report from the Lancaster County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Lancaster County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
The Honorable Jacqueline M. Pope, Post Office Box 66, Kershaw, S.C. 29067 VICE David Williams
Having received a favorable report from the Greenwood County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Greenwood County Board of Voter Registration, with term to commence March 15, 1994, and to expire March 15, 1996:
At-Large:
Mr. Robert M. Haynie, 304 Lodge Drive, Greenwood, S.C. 29646
Having received a favorable report from the Abbeville County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Abbeville County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
The Honorable Carolyn W. Brownlee, 134 Adams Drive, Abbeville, S.C. 29620 VICE John Simpson (retired)
On motion of Senators RICHTER, FORD, McCONNELL, PASSAILAIGUE, ROSE, GREG SMITH and WASHINGTON, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Paul A. Foster, Magistrate of Charleston County.
Senator MOORE moved that when the Senate adjourns on Friday, January 12, 1996, it stand adjourned to meet next Tuesday, January 16, 1996, at 12:00 Noon, which motion was adopted.
At 11:35 A.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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