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:
Beloved, hear the words of Psalm 97 (vv.1-2):
"The Lord is king! Let the earth rejoice;
Let the many coastlands be glad...
Righteousness and justice are the foundation
of His throne."
Let us pray.
Good Lord and Master, we thank You for the reminder that You are still in charge of the universe... and of our little earth!
May the ancient words of the Psalmist become our words of inspiration as we aspire to become humble servants of the God that reigns!
Hear, O Lord, the silent prayer of each heart as we pray, silently, our own personal prayer (only for the ear of God).
Our prayer for each other (silence).
Our prayer for ourselves (silence).
In the Lord's Holy Name!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator MARTIN introduced Dr. Boyce Tollison of Easley, S.C., Doctor of the Day.
At 11:00 A.M., the leave of absence granted to Senator WASHINGTON was rescinded beginning at 2:15 P.M. on Wednesday, February 7, 1996, through Thursday, February 8, 1996.
S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.
Senator GREG SMITH asked unanimous consent to make a motion to reconsider the vote whereby the Senate concurred in the House amendments and ordered the Bill enrolled for Ratification.
There was no objection.
On motion of Senator GREG SMITH, the Bill was carried over.
H. 4410 -- Reps. Hutson, G. Bailey, Cobb-Hunter, Harrell and Young-Brickell: 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.
Senator ROSE asked unanimous consent to make a motion to recall the Bill from the Dorchester County Delegation.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
The Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator ROSE, H. 4410 was ordered to receive a third reading on Friday, February 9, 1996.
The following were introduced:
S. 1110 -- Senator Fair: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 64 SO AS TO RECOGNIZE PARENTAL AUTHORITY AND CONTROL OVER CHILDREN'S EDUCATION, TO PROVIDE FOR WRITTEN PARENTAL CONSENT AND SCHOOL DISTRICT DISCLOSURE CONCERNING CERTAIN TYPES OF STUDENT ASSESSMENTS, TO PROVIDE FOR DISCLOSURE OF INFORMATION REGARDING STUDENT RECORDS, TO PROVIDE FOR SECURITY AND RESTRICTED RELEASE OF STUDENT RECORDS, TO LIMIT THE CONTENTS OF PERMANENT STUDENT RECORDS, TO PROVIDE FOR PARENTAL INSPECTION AND REVIEW OF STUDENT RECORDS, TO PROVIDE FOR CHALLENGES TO THE CONTENTS OF STUDENT RECORDS, TO REGULATE STUDENT EXPOSURE TO CERTAIN TYPES OF ASSESSMENTS, SURVEYS, AND RECORDED MATERIAL, TO PROVIDE FOR ADOPTION OF CERTAIN SCHOOL POLICIES AND PROCEDURES WITH REGARD TO STUDENTS AND PARENTS, TO PROVIDE FOR WITHHOLDING OF STATE FUNDS FROM A SCHOOL DISTRICT FOR NONCOMPLIANCE WITH THIS CHAPTER, AND TO AUTHORIZE PARENTS OR GUARDIANS TO INSTITUTE CIVIL ACTIONS FOR BREACH OF ANY DUTY IMPOSED BY THIS CHAPTER.
Read the first time and referred to the Committee on Education.
S. 1111 -- Senators Land, Moore, Wilson and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT A RECREATIONAL VEHICLE OR BOAT ON WHICH THE INTEREST PORTION OF ANY INDEBTEDNESS THEREON IS OR WOULD BE DEDUCTIBLE UNDER THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE IS ALSO DEEMED TO BE A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND AS SUCH IS CONSIDERED REAL RATHER THAN PERSONAL PROPERTY FOR THESE PURPOSES.
Read the first time and referred to the Committee on Finance.
S. 1112 -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-205 SO AS TO PROVIDE THAT CERTAIN AIRLINES AND RAILROAD COMPANIES MAY PURCHASE ALCOHOLIC LIQUOR AND BEVERAGES IN CASE LOTS AND TO PROVIDE THAT THEY ARE SUBJECT TO ONE-HALF OF THE CASE TAX AND EXEMPT FROM CERTAIN OTHER TAXES.
Read the first time and referred to the Committee on Judiciary.
S. 1113 -- Senators Jackson, Hayes and Waldrep: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS AN ALCOHOL CONCENTRATION IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
Read the first time and referred to the Committee on Judiciary.
S. 1114 -- Senator Greg Smith: A BILL TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.
Read the first time and referred to the Committee on Judiciary.
S. 1115 -- Senators Fair, Thomas and Hayes: A BILL TO AMEND TITLE 44, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABORTIONS, BY ADDING ARTICLE 7 SO AS TO PROHIBIT POST-VIABILITY ABORTIONS, TO PROVIDE EXCEPTIONS, TO PROVIDE PROCEDURES TO FOLLOW IN MAKING AN EXCEPTION, AND TO PROVIDE CRIMINAL PENALTIES.
Read the first time and referred to the Committee on Medical Affairs.
S. 1116 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING NONPUBLIC POSTSECONDARY INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1853, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
Read the first time and ordered placed on the Calendar without reference.
S. 1118 -- Education Committee: A BILL TO REVISE THE MANNER IN WHICH FUNDS OF THE EDUCATIONAL ASSISTANCE ENDOWMENT FUND ARE DISTRIBUTED FOR FISCAL YEAR 1995-96 BY DELETING A REQUIREMENT THAT A SPECIFIED DOLLAR AMOUNT BE USED FOR HIGHER EDUCATION SCHOLARSHIP GRANTS, AND TO REPEAL PARAGRAPH 72.71, SECTION 72, PART 1B OF ACT 145 OF 1995 WHICH SPECIFIES THE MANNER IN WHICH THESE FUNDS MUST BE DISTRIBUTED FOR FISCAL YEAR 1995-96.
Read the first time and ordered placed on the Calendar without reference.
S. 1119 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1995-96 SCHOOL YEAR, THE SCHOOL DISTRICT OF OCONEE COUNTY IS EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM SNOW OR ICE OR OTHER EXTREME WEATHER CONDITIONS.
Read the first time and on motion of Senator ALEXANDER referred to the Oconee County Delegation.
H. 4566 -- Rep. Anderson: A CONCURRENT RESOLUTION TO COMMEND ARTHUR C. NORZ OF GREENVILLE COUNTY FOR HIS LEADERSHIP IN IMPROVING THE LIVES OF THE PEOPLE OF GREENVILLE COUNTY AND THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4567 -- Rep. Keyserling: A CONCURRENT RESOLUTION TO RECOGNIZE THE TOWN OF PORT ROYAL FOR HOSTING THE 1996 PORT ROYAL GOLD CHALLENGE MISTRAL CLASS FOR WINDSURFING AND TO ENCOURAGE THE TOWN TO HAVE ATHLETIC EVENTS SIMILAR TO THE GOLD CHALLENGE IN THE FUTURE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4579 -- Reps. J. Hines, Neilson and Baxley: A CONCURRENT RESOLUTION TO COMMEND LEVON KIRKLAND OF THE TOWN OF LAMAR IN DARLINGTON COUNTY FOR HIS OUTSTANDING ACHIEVEMENTS AS A HIGH SCHOOL AND COLLEGE FOOTBALL PLAYER, ON BECOMING A PROFESSIONAL FOOTBALL PLAYER FOR THE NATIONAL FOOTBALL LEAGUE'S PITTSBURGH STEELERS, AND FOR HIS PERFORMANCE IN SUPER BOWL XXX.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, AND SECTION 50-11-390, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES WITH RESPECT TO GAME ZONES, SO AS TO AUTHORIZE SUNDAY HUNTING ON PRIVATE LAND IN GAME ZONES 1, 2, AND 4 UNDER CERTAIN CONDITIONS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4365 -- Reps. Lanford, Walker, Keyserling, Jennings, Cain, Bailey, Law, Simrill, Herdklotz and Seithel: 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.
H. 4398 -- Reps. Harrison, Cromer, Jennings, Hutson, Bailey and Allison: A BILL TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO DEFINE "RETAILER", TO REQUIRE A RETAILER TO KEEP A RECORD OF THE SOURCE OF NEW MERCHANDISE THAT THE RETAILER OFFERS FOR SALE, TO SPECIFY THE TYPE OF RECORD OR DOCUMENTATION THAT IS REQUIRED, TO PROVIDE THAT THE MERCHANDISE MAY BE CONFISCATED BY A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXEMPTIONS, AND TO PROVIDE A PENALTY FOR VIOLATION.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4478 -- Reps. Boan, Baxley, Fleming, Askins, Kennedy, J. Hines, Martin, Cooper, Law, Robinson, Limbaugh, Rhoad, Cato, Witherspoon, Jennings, Wilkins and T. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-785, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO ALTER THE RETURN AND PAYMENT SCHEDULE FOR THE TOBACCO PRODUCTS TAX; TO AMEND SECTION 12-21-620, RELATING TO THE SPECIFIC TAX RATES ON VARIOUS TOBACCO PRODUCTS, SO AS TO DELETE THE SEPARATE DEFINITION OF TOBACCO PRODUCTS AND IMPOSE A TAX EQUAL TO FIVE PERCENT OF THE MANUFACTURER'S PRICE ON ALL TOBACCO PRODUCTS EXCEPT CIGARETTES; TO AMEND SECTION 12-21-735, RELATING TO THE PAYMENT METHOD OF THE CIGARETTE TAX, SO AS TO AUTHORIZE A THREE AND ONE-HALF PERCENT DISCOUNT ON THE TAX FOR TIMELY FILED RETURNS AND PAYMENTS; TO AMEND SECTION 12-21-780, AS AMENDED, RELATING TO RETURNS AND PAYMENTS OF THE TOBACCO PRODUCTS TAX, SO AS TO INCREASE THE DISCOUNT FOR TIMELY FILED RETURNS AND PAYMENTS FOR THE TOBACCO PRODUCTS TAX FROM TWO TO THREE AND ONE-HALF PERCENT; AND TO AMEND SECTION 12-21-800, RELATING TO THE DEFINITION OF TOBACCO PRODUCTS, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT.
Read the first time and referred to the Committee on Finance.
H. 4490 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-775 SO AS TO REQUIRE THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY TO DEVELOP AND FILE PHYSICAL DAMAGE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTIONS 37-2-202 AND 37-3-202, BOTH AS AMENDED, RELATING TO ADDITIONAL CHARGES A CREDITOR AND CONSUMER LENDER, RESPECTIVELY, MAY CHARGE, SO AS TO REQUIRE THAT WHEN SINGLE INTEREST COLLISION COVERAGE IS WRITTEN IN CONNECTION WITH THE PURCHASE OF A MOTOR VEHICLE, NOTICE MUST BE GIVEN THAT THE COVERAGE IS FOR THE BENEFIT OF THE CREDITOR AND OF OTHER OPTIONS AVAILABLE TO THE BUYER; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE CHAPTER, SO AS TO CLARIFY THAT THE PURPOSES APPLY TO THE BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY AUTOMOBILE INSURANCE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER AUTOMOBILE INSURANCE, SO AS TO ADD THE DEFINITION OF "FACILITY PHYSICAL DAMAGE RATE"; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT TO WRITE AUTOMOBILE INSURANCE, SO AS TO CLARIFY THAT THIS REQUIREMENT APPLIES TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY COVERAGES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN COVERAGE REQUIREMENTS, TO ALLOW RATHER THAN REQUIRE INSURERS TO MAKE AVAILABLE COLLISION COVERAGE AND COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE, TO AUTHORIZE CEDING PHYSICAL DAMAGE INSURANCE COVERAGE TO THE FACILITY, TO PROHIBIT DISCRIMINATION ON CERTAIN GROUNDS IN DETERMINING RATES OR WHETHER TO WRITE OR RENEW COVERAGE, AND TO PROVIDE PENALTIES AND TO AMEND SECTION 38-77-920, AS AMENDED, RELATING TO DUTIES AND RIGHTS OF INSURERS AND AGENTS, SO AS TO CLARIFY THAT AUTOMOBILE INSURANCE REFERS TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4535 -- Reps. Kinon, Jennings and M. Hines: A BILL TO AMEND ACT 591 OF 1992, RELATING TO THE AUTHORIZATION FOR THE DILLON COUNTY BOARD OF EDUCATION TO BORROW A CERTAIN AMOUNT OF MONEY TO BE USED FOR SCHOOL CONSTRUCTION, SO AS TO, AMONG OTHER THINGS, CHANGE THE AMOUNT WHICH MAY BE BORROWED, AND PROVIDE THAT SUCH FUNDS MAY BE APPLIED TO RETIRE A LOAN FOR MONEY USED FOR SCHOOL CONSTRUCTION FOR DILLON COUNTY SCHOOL DISTRICTS 1, 2, AND 3, RATHER THAN SCHOOL DISTRICT 3 ALONE.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 506 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-415 SO AS TO PROVIDE THAT UPON GIVING THE WORKERS' COMPENSATION COMMISSION DOCUMENTATION THAT A SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A CONTRACTOR AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE SUBCONTRACTOR WAS ENGAGED BY THE CONTRACTOR TO PERFORM WORK, THE CONTRACTOR IS RELIEVED OF RESPONSIBILITY FOR ALL CLAIMS FILED BY EMPLOYEES OF AN UNINSURED SUBCONTRACTOR, PROVIDE FOR THE EXCLUSIVE REMEDY OF THOSE EMPLOYEES, AND PROVIDE FOR THE CIRCUMSTANCES AND PENALTIES FOLLOWING THE FILING OF FALSE DOCUMENTATION OF WORKERS' COMPENSATION INSURANCE BY A SUBCONTRACTOR TO A CONTRACTOR OR A HIGHER TIER SUBCONTRACTOR.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable report on:
S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:
S. 1044 -- Senator McConnell: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
H. 3544 -- Rep. McTeer: A BILL TO AMEND SECTION 59-39-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HIGH SCHOOL DIPLOMAS AND THE UNITS REQUIRED FOR GRADUATION, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998-99 SCHOOL YEAR, A MINIMUM OF FOUR UNITS IN MATHEMATICS RATHER THAN THREE AND A MINIMUM OF THREE UNITS IN SCIENCE RATHER THAN TWO, MUST BE EARNED.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a majority favorable with amendment and Senator BRYAN a minority unfavorable report on:
H. 3584 -- Reps. Allison and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 1995 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR SUCH OFFICES FROM REQUESTING OR ACCEPTING CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM SUGGESTING POLITICAL PARTY AFFILIATION ON CAMPAIGN LITERATURE.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out S. 1109 favorable:
S. 1109 -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 27, 1996, "YORK COUNTY DAY".
Courson Peeler Wilson Matthews Patterson O'Dell Passailaigue McGill
Russell Rose
Senator COURSON from the Committee on Invitations polled out H. 4484 favorable:
H. 4484 -- Rep. Keegan: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1996 FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 24, 1996, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
Courson Peeler Matthews Patterson Russell O'Dell Passailaigue McGill
Wilson Rose
S. 870 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE BRIDGE ON PINEWOOD ROAD AT ITS INTERSECTION WITH McCRAY'S MILL ROAD IN SUMTER IN HONOR OF R. J. CHIC MATHIS HIGHWAY.
The House returned the Resolution with amendments.
On motion of Senator LAND, the Senate concurred in the House amendments and a message was sent to the House accordingly.
S. 1107 -- Senator Matthews: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THE STATE'S MOST PROMINENT COLLEGE PRESIDENTS, DR. LEONARD E. DAWSON, UPON TEN YEARS OF OUTSTANDING SERVICE AND LEADERSHIP AT VOORHEES COLLEGE.
Returned with concurrence.
Received as information.
S. 1106 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON WEDNESDAY, FEBRUARY 14, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1996; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 7, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 8, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2000; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 9, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 11, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 12, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 13, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1996; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1996; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 5, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 5, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 3, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 6, WHOSE TERM EXPIRES 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 ordered sent to the House of Representatives:
S. 1105 -- Senators Martin and Alexander: A BILL TO AMEND SECTION 1A OF ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE NOTICE OF CANDIDACY REQUIRED TO BE FILED SHALL BE FILED NOT LATER THAN TWELVE O'CLOCK NOON ON SEPTEMBER FIRST OR, IF SEPTEMBER FIRST FALLS ON A SUNDAY, NOT LATER THAN TWELVE O'CLOCK NOON ON THE FOLLOWING MONDAY AND TO PROVIDE THAT THE NOTICE OF CANDIDACY SHALL NOT BE FILED EARLIER THAN AUGUST FIRST, OR IF AUGUST FIRST FALLS ON A SUNDAY, NOT EARLIER THAN THE FOLLOWING MONDAY.
(By prior motion of Senator MARTIN)
The following Bill having been read the second time was ordered placed on the third reading Calendar:
S. 799 -- Senators Bryan, Giese and Wilson: A BILL TO AMEND SECTION 20-7-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCURRENT JURISDICTION OF FAMILY COURTS AND MAGISTRATE AND MUNICIPAL COURTS FOR CERTAIN VIOLATIONS BY JUVENILES, SO AS TO INCLUDE VIOLATIONS OF LITTER LAWS.
Senator COURTNEY explained the Bill.
H. 3204 -- Reps. Limbaugh, McKay, Harrison and Huff: A BILL TO AMEND SECTION 15-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE STATUTE OF LIMITATIONS ON CIVIL ACTIONS FOR PERSONS UNDER DISABILITY, SO AS TO ELIMINATE THE EXCEPTION FOR PERSONS IMPRISONED FOR CERTAIN OFFENSES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD3204.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 15-3-40 of the 1976 Code, as last amended by Act 352 of 1988, is further amended to read:
"Section 15-3-40. If a person entitled to bring an action mentioned in Article 5 of this chapter or an action under Chapter 78 of this title, except for a penalty or forfeiture or against a sheriff or other officer for an escape, be is at the time the cause of action accrued either:
(1) within the age of eighteen years; or
(2) insane; or
(3) imprisoned on a criminal or civil charge or in execution under the sentence of a criminal court for a less term than his natural life;
The the time of such the disability is not a part of the time limited for the commencement of the action, except that the period within which the action must be brought cannot be extended:
(1)(a) more than five years by any such disability, except infancy; nor
(2)(b) in any case longer than one year after the disability ceases."
SECTION 2. Section 15-3-370 of the 1976 Code is amended to read:
"Section 15-3-370. If a person entitled to commence any action for the recovery of real property, or make an entry or defense founded on the title to real property or to rents or services out of the same be is, at the time such the title shall first descend or accrue, either:
(1) Within within the age of eighteen years; or
(2) Insane; or insane;
(3) Imprisoned on a criminal or civil charge or in execution upon conviction of a criminal offense for a term less than life;
The the time during which such the disability shall continue shall not be deemed considered any portion of the time in this article limited for the commencement of such the action or the making of such the entry or defense, but such the action may be commenced or entry or defense made after the period of ten years and within ten years after the disability shall cease or after the death of the person entitled who shall die under such the disability. But such the action shall not be commenced or entry or defense made after that period."
SECTION 3. This act takes effect upon approval by the Governor and applies to causes of action accruing on or after July 1, 1996./.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3954 -- Reps. A. Young, Knotts, Harrison, Chamblee, Haskins, Easterday, Bailey, Inabinett, Mason, Waldrop, Robinson, Witherspoon, Herdklotz, Littlejohn, Riser, Davenport and Vaughn: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT, SO AS TO FURTHER PROVIDE FOR SPECIFIC FINDINGS THE COURT MUST MAKE IN ALLOWING A NONRESIDENT TO ADOPT A CHILD IN SOUTH CAROLINA.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD3954.001), which was adopted:
Amend the bill, as and if amended, page 1, lines 29 and 32, in Section 20-7-1670, as contained in SECTION 1, by striking /(e)/ on both lines and inserting therein / (f) /.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator DRUMMOND, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.
H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator DRUMMOND, the Bill was carried over.
S. 66 -- Senators McConnell, Rose and Leventis: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; AND ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator McCONNELL proposed the following Amendment No. 2 (66R002.GFM), which was adopted:
Amend the bill, as and if amended, page 2, line 36 by adding the following:
/To the extent that federal regulations preempt state and local laws, nothing in this chapter shall conflict with the federal Department of Housing and Urban Development regulations regarding manufactured housing construction and installation./
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 3 (66R003.GFM), which was adopted:
Amend the bill, as and if amended, page 3, by striking lines 26 through 28 and inserting in lieu thereof the following:
/subdivisions as authorized in Section 6-9-20 so that the unincorporated area of the county is under the jurisdiction of a building official. Municipalities shall appoint a building official or contract for a building/
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
Senator BRYAN desired to be recorded as voting against the second reading of the Bill.
I voted against S. 66. I support building codes but feel like this should be decided on the local level and not mandated by the State.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JIC\5990HTC.95) previously proposed on May 11, 1995, by Senators LEATHERMAN, DRUMMOND, J. VERNE SMITH and JACKSON.
On motion of Senator DRUMMOND, the Bill was carried over.
S. 606 -- Senator Short: A BILL TO AMEND TITLE 59, CHAPTER 65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE OF PUPILS, BY ADDING ARTICLE 7 SO AS TO ENACT THE SCHOOL HEALTH ACT OF 1995 SO AS TO REQUIRE PRE-SCHOOL HEALTH ASSESSMENTS AS A PREREQUISITE TO ATTENDING KINDERGARTEN OR FIRST GRADE AND TO PROVIDE EXCEPTIONS; AND TO AMEND TITLE 20, CHAPTER 7, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 28 SO AS TO DIRECT EACH SCHOOL DISTRICT IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONVENE A SCHOOL HEALTH PLANNING COMMITTEE TO ASSESS THE HEALTH STATUS OF CHILDREN AND TO DEVELOP AND IMPLEMENT A SCHOOL-BASED HEALTH SERVICES PROGRAM TO COMPLEMENT EXISTING HEALTH CARE SERVICES TO BE PROVIDED FOR STUDENTS AT THE OPTION OF THE PARENTS AND TO PROVIDE FOR THE SERVICES TO BE PROVIDED, CONFIDENTIALITY OF RECORDS, AND BILLING AND PROGRAM REVIEW PROCEDURES.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator SHORT explained the Bill.
Senators SHORT and FAIR proposed the following Amendment No. 1 (606R005.LHS), which was adopted:
Amend the bill, as and if amended, beginning on page 1, line 32, by striking the bill in its entirety and inserting in lieu thereof the following:
/Whereas, South Carolina and the Nation are dependent upon the physical, educational, emotional, and social well-being of their children; and
Whereas, in order to attain the highest level of school attendance, to promote excellence of academic performance and achievement, and to significantly reduce school dropout rates, the State must act to inform parents about their responsibility in basic health care as well as inform them of options which are available to them in helping them to meet their child's physical, mental, and social needs; and
Whereas, children's poor health status, high-risk behaviors, family discord, inadequate health insurance coverage, inappropriate use of hospital emergency rooms, and poor use of existing health care services have prompted public policymakers to consider a broader role for school health services; and
Whereas, the school's ability to reach children, youth, and their families who are disenfranchised from the health care system and at highest risk for poor health and potentially health-threatening behaviors is unmatched; and
Whereas, the challenge of addressing the health care needs of children can be met by school-based health service programs provided through the relocation and co-location of public and private service providers on the school site; and
Whereas, it is an obligation of all state and local governmental entities, along with private sector providers, to cooperate and collaborate in order to ensure that all of this state's children's health care needs are met; and
Whereas, school health programs are designed to supplement rather than supplant the responsibility of the family for meeting the health needs of children and to only be delivered with informed consent by the child's parent or guardian; and
Whereas, the General Assembly finds that health services delivered as a part of the total school health program should be carried out to comprehensively appraise, protect, and promote the health of students and are designed to encourage parents to devote attention to their child's health, identify health problems, and encourage the use of their physicians, dentists, and other community health providers and agencies. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the School Health Act of 1996.
SECTION 2. Title 59, Chapter 65 of the 1976 Code is amended by adding:
Section 59-65-710. (A) Beginning with the 1998-1999 school year, except as provided for in subsection (B) or (C), before entering public school a student must have a health assessment conducted if the student has not previously been enrolled in a public school in this State and the student is:
(1) entering four-year-old kindergarten, kindergarten, or the first grade; or
(2) entering the second or a higher grade and is under nine years old.
(B) If a student has not had a health assessment, the student may obtain an extension and enter public school if the student's parent or guardian signs a statement on a form provided by the school district stating that a health assessment has been scheduled and the results of the assessment will be submitted to the district within ninety days of the student entering school.
(C) A health assessment is not required for a student who is an adherent of a religious denomination whose religious teachings are opposed to such assessments, and the student's parent or guardian, submits a statement to that effect.
(D) The health assessment must be conducted by a physician, physician assistant, nurse practitioner, or a registered nurse licensed in the State of South Carolina, and must include, but is not limited to, a health history, physical examination, and screening tests as are medically indicated to determine hearing ability, vision ability, nutrition adequacy, and appropriate growth and development. A standard form developed by the Department of Health and Environmental Control indicating that the assessment has been completed and indicating adequate health for public school attendance must be submitted to the school the student will be attending and must have been conducted within twelve months of being submitted. A similar form from another state, territory, or military branch of the United States satisfies this requirement.
Section 59-65-720. The school district shall exclude from attendance any student who has not submitted the results of a health assessment unless a statement is submitted as provided for in Section 59-65-710(B) or the student is exempt from having an assessment conducted pursuant to Section 59-65-710(C). If a student is excluded from attendance, the school district shall notify in writing the student's parent or guardian stating:
(1) the reason for the exclusion;
(2) that the student will continue to be excluded until the student has complied with the requirements of this article; and
(3) that upon written request the parent or guardian has the right to a hearing before the school board.
Section 59-65-730. Information contained in the health assessment and the results of the health assessment are confidential and must not be disclosed or made public except:
(1) to appropriate school district personnel to the extent necessary to administer this article and to protect the health of the student;
(2) if a medical emergency exists, to medical personnel to the extent necessary to protect the health of the student and the health care provider;
(3) if the parent or guardian of a student under eighteen years of age consents or if the student is eighteen years of age or older, if the student consents;
(4) if no person can be identified in the information to be disclosed and the disclosure is for statistical or research purposes.
Section 59-65-740. To assist parents and schools, the Department of Health and Environmental Control and the State Department of Education jointly shall promulgate regulations necessary to carry out this article. The regulations shall include, but are not limited to, tests to be included in the health assessment and procedures for taking corrective action and conducting follow-up on problems identified in the assessment."
SECTION 3. Title 20, Chapter 7 of the 1976 Code is amended by adding:
Section 20-7-6305. (A) Each school district in conjunction with the Department of Health and Environmental Control shall convene a district health planning committee which at a minimum, when possible, should be composed of representatives from the local departments of education, health, social services, mental health, alcohol and other drug abuse services, and juvenile justice and from the local school board, public and private health care providers, private nonprofit community-based child advocacy organizations and parents, teachers, and, where appropriate, students. Each committee shall conduct an assessment of the status of the health of the children and youth in the district, of the health needs of the district children and youth, and of the community resources available and needed to address these health needs.
(B) Based on the assessment, the committee shall develop by July 1, 1997, a school health services program which must:
(1) be an interagency multidisciplinary service delivery plan to meet the comprehensive health needs of the district's children and youth and which may be a multidistrict or multicounty plan;
(2) assign the responsibility for the provision of services and, to the extent possible, provide services by and through a coordinated referral system to existing resources available in schools and communities including, but not limited to, public and private health providers, health agencies, and social services agencies;
(3) identify the physical sites for the delivery of services and, whenever practical, deliver services on the school site;
(4) identify and maximize the use of all existing available federal, state, local, and private funding sources.
(C) A school health services program must include:
(1) Health and nursing services including, but not limited to, preventive services directed at eliminating destructive lifestyle behaviors; formulating individual student health care plans when needed, in consultation with students and their families about the student's plan and other health needs; coordinating student health care; assessing, evaluating, and treating minor illnesses and injuries; providing temporary emergency care pending other disposition; administering medications; referring for intervention and remediation of specific health problems; follow-up for illnesses and injuries; assisting families in obtaining medical, dental, and other health care; counseling and must include, but is not limited to, these health and nursing screening and assessment services:
(a) health assessments, as provided for in Section 59-65-710;
(b) oral health screenings;
(c) vision screenings;
(d) hearing screenings;
(e) scoliosis screenings;
(f) growth and development screenings.
Health and nursing services must be provided by or under the direction of a physician, physician assistant, nurse practitioner or a registered nurse licensed in the State of South Carolina.
For purposes of this item 'screening' means presumptive identification of unknown or unrecognized diseases or defects by application of tests that can be given with ease and rapidity to apparently healthy persons.
(2) Nutrition services including, but not limited to, nutrition assessment, intervention, and counseling for students with diseases or medical conditions that place the student at risk for nutritional problems or who require nutrition therapy; and programs that offer opportunities for students to experience learning through classroom nutrition and health education.
(3) Counseling and social work services including, but not limited to, services that are broad-based, comprehensive individual, family and group assessments, interventions and referrals which promote the mental, emotional, and social health of students.
(a) Social services including, but not limited to, services that are designed to enhance the economic and social well-being of students and their families;
(b) Mental health services including, but not limited to, mental health assessment and counseling of students and their families. Mental health services include those provided in, or accessible to, schools by community mental health centers administered by the Department of Mental Health.
(c) Alcohol and other drug abuse services including, but not limited to, services that educate students and their families about the health and social problems resulting from the use and abuse of alcohol, tobacco, and other drugs and services that prevent or treat use and abuse of alcohol, tobacco, and other drugs.
(4) Health education in a school setting that is planned and carried out with the purpose of maintaining, reinforcing, or enhancing the health, health-related skills, and health attitudes and practices that are conducive to their good health and that promote wellness, health maintenance, and disease prevention.
Section 20-7-6310. No school health services program may:
(1) provide abortion counseling or advocate abortion in any way or refer a student to an organization for abortion counseling or to an organization which performs abortion counseling;
(2) distribute at a public school a contraceptive or abortifacient drug or device or similar device.
Section 20-7-6315. In addition to the requirements for a school health services program as provided for in Section 20-7-6305, the program also may include, but is not limited to:
(1) healthy school environment component which addresses the physical and aesthetic surroundings and the psycho-social climate and culture of the school. Factors that influence the physical environment include, but are not limited to, the school building and the area surrounding it, biological or chemical agents that may be detrimental to health, and physical conditions including, but are not limited to, temperature, noise, and lighting;
(2) health promotion programs for school staff that provide health assessments, health education, and health related fitness activities.
Section 20-7-6320. The district health planning committee shall formulate charges and a sliding fee schedule for appropriate services under the program and also shall develop and implement procedures for billing third party providers.
Section 20-7-6325. Annually before the commencement of the school year, the school district shall notify parents of the services available to students and families under the district's school health services program. In order for a student to have access to or receive services under the program, the student's parent or guardian annually must sign a consent form provided by the district.
Section 20-7-6330. Services provided under the program must complement services provided by existing health care providers; however, if the student does not have a primary care provider, primary care services may be provided to the student under the program. When a student has a primary care provider and services are rendered at a school site or school-linked facility, to the extent it is necessary for continuity of care, as provided for in regulation, the student's primary care provider must be notified that the services were provided.
Section 20-7-6335. A student's health record and information obtained on a student, including records and information on or pertaining to the student's family, in connection with the school health services program or services rendered under the program are confidential and must not be disclosed or made public unless:
(1) to appropriate school district personnel to the extent necessary to administer the school health services program and to protect the health of the student;
(2) a medical emergency exists, to medical personnel to the extent necessary to protect the health of the student and the health of the medical personnel;
(3) the parent or guardian of a student under eighteen years of age consents or if the student is eighteen years of age or older, if the student consents; and
(4) no person can be identified in the information to be disclosed and the disclosure is for statistical or research purposes only.
Section 20-7-6340. For administrative purposes, the principal of each school has immediate supervisory authority over the health personnel working on the school site.
Section 20-7-6345. (A) The Department of Health and Environmental Control and the Department of Education shall convene an expanded school health services statewide committee of public and private sector representatives of the health and business communities. The committee shall develop a competitive grant process, solicit proposals, and award grants for expanded services under the school health services program to schools and school districts where there is a high incidence of medically underserved and high-risk children. Criteria for evaluating the incidence of medically underserved and high-risk children include, but are not limited to, rates of communicable diseases, inappropriate use of hospital emergency rooms, low birthweight babies, infant mortality, teenage pregnancy, teenage suicide, juvenile delinquency and crime, school dropout, child abuse and neglect, family violence, substance abuse, and enrollment in special education programs for handicapped children. Grant awards are dependent upon the availability of funding. Grants must be awarded to schools and school districts whose proposals are based on innovative, creative, and collaborative services and programs which have the greatest potential for promoting the health and well-being of medically underserved high-risk students; however, the awarding of grants is dependent upon the availability of funding.
(B) Expanded school health services funded under this section must not include the distribution of any contraceptive or abortifacient drug or device or similar device and must not include abortion counseling, abortion services, or referral to an organization for abortion counseling or abortion services and may not advocate abortion in any way.
Section 20-7-6350. (A) The Department of Health and Environmental Control and the Department of Education shall:
(1) oversee the delivery and coordination of school health services programs and periodically review and evaluate the effectiveness and adequacy of these programs;
(2) collect and compile budget and financial information on each school health services program;
(3) report on the development of the school health services programs and on the results of the periodic program reviews and submit district program budget and financial reports to the Governor, the Human Services Coordinating Council, and the Joint Legislative Committee on Children and Families.
(B) Upon review of the reports submitted by the Department of Health and Environmental Control and the Department of Education, the Human Services Coordinating Council shall develop in conjunction with these departments a joint budget request for expanded school health services programs. The council shall provide advisory assistance to the district health advisory committees as needed including, but are not limited to, recommendations for promoting coordination and collaboration in the planning process and in the delivery of services and for maximizing the use of federal funds. The council also shall develop a single form to capture basic referral information to be used by the member agencies and their respective local entities.
Section 20-7-6355. In the administration of services under a school health services program pursuant to this article, an employee is immune from liability for negligence as provided for in the Tort Claims Act.
Section 20-7-6360. The Department of Health and Environmental Control and the Department of Education jointly shall promulgate regulations to carry out this article."
SECTION 4. The school health services programs, as provided for in Section 20-7-6305 of the 1976 Code as added by Section 3 of this act, may be implemented in school year 1997-1998, following the completion of the program planning process but must be implemented no later than the first day of the 1998-1999 school year.
SECTION 5. This act takes effect upon approval by the Governor. /
Amend title to conform.
Senator SHORT explained the amendment.
Senator SHORT moved that the amendment be adopted.
The amendment was adopted.
Senator FAIR proposed the following Amendment No. 22 (606R003.MLF), which was adopted:
Amend the bill, as and if amended, page 6, by inserting before / . / on line 34, the following:
/or refer an individual to an organization for distribution of these drugs or devices/.
Amend title to conform.
Senator FAIR explained the amendment.
Senator FAIR moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 144 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (JUD0144.002), proposed by Senator McCONNELL and previously printed in the Journal of Tuesday, January 30, 1996.
Senator McCONNELL proposed the following Amendment No. 1 (JUD0144.002) which was adopted:
Amend the bill, as and if amended, page 1, line 26, in Section 7-5-30, as contained in SECTION 1, by striking line 26 in its entirety and inserting therein the following:
/shall must be at a building located in the county and at the county seat whenever possible and practical, and they shall must/.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
H. 3106 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION, OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator J. VERNE SMITH, the Bill was carried over.
H. 4005 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE SOUTH CAROLINA REINSURANCE FACILITY AND THE FACILITY'S DUTIES GENERALLY, SO AS TO PROVIDE THAT FOR MULTI-VEHICLE INSURANCE POLICIES, ONE OR MORE VEHICLES MAY BE CEDED TO THE FACILITY AS LONG AS THE INSURER IDENTIFIES TO THE FACILITY AND THE INSURED PRECISELY WHICH VEHICLES ARE RETAINED AND WHICH ARE CEDED AND THE RATE LEVEL FOR EACH VEHICLE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (S-INS-001) proposed by Senators LAND and SALEEBY and previously printed in the Journal of Wednesday, January 31, 1996.
On motion of Senator McCONNELL, the Bill was carried over.
S. 267 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGE FORECLOSURE, BY ADDING SECTION 29-3-800, SO AS TO PROVIDE THAT CONTRACTUAL PROVISIONS FOR ATTORNEY FEES IN THE AMOUNT OF A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT OF A MORTGAGE OR NOTE ARE UNCONSCIONABLE, THAT IN FORECLOSURE ACTIONS THE COURT MUST MAKE A FINDING AS TO THE REASONABLENESS OF ATTORNEY FEES NOTWITHSTANDING ANY CONTRACTUAL PROVISION THAT WOULD AWARD ATTORNEY FEES AS A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT, AND THAT PARTIES TO A FORECLOSURE ACTION MAY AGREE TO THE AMOUNT OF ATTORNEY FEES DUE, AND IN THE EVENT THE PARTIES REACH SUCH AN AGREEMENT, THE COURT IS NOT REQUIRED TO MAKE A FINDING AS TO THE REASONABLENESS OF THE ATTORNEY FEES.
Senator LAND asked unanimous consent to take up the Bill for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator PASSAILAIGUE explained the Bill.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 325 -- Senators Hayes and Wilson: A BILL TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOWED TO DEFENDANTS AND THE STATE IN CRIMINAL CASES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
On motion of Senator McCONNELL, the Bill was carried over.
S. 320 -- Senator Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-90, SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY BY ORDINANCE IMPOSE A FEE ON THE TRANSFER OF REAL PROPERTY, AND TO PROVIDE CERTAIN CONDITIONS UNDER WHICH THE FEE MAY BE IMPOSED.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
On motion of Senator DRUMMOND, the Bill was carried over.
S. 409 -- Senators McConnell, Drummond, Passailaigue and Mescher: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING CHAPTER 22 SO AS TO PROVIDE FOR CERTAIN KAYAKING AND CANOEING LIABILITY IMMUNITY WHEREBY A KAYAKING OR CANOEING ACTIVITY SPONSOR OR A KAYAKING OR CANOEING PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM AN INHERENT RISK OF KAYAKING OR CANOEING ACTIVITY ABSENT SPECIFIED FACTORS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator HAYES, the Bill was carried over.
S. 788 -- Senators Jackson, O'Dell, Patterson, Waldrep, Russell, McConnell, Drummond, Land, Ryberg and Matthews: A BILL TO AMEND ARTICLE 1, CHAPTER 25, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-30 SO AS TO PROVIDE THAT BUS SHELTERS MAY BE ERECTED AND MAINTAINED WITHIN THE RIGHTS-OF-WAY OF PUBLIC ROADS UPON AUTHORIZATION OF THE APPROPRIATE GOVERNMENTAL AUTHORITY, AND TO PROVIDE FOR THE MANNER IN WHICH ADVERTISING MAY BE PLACED IN THESE BUS SHELTERS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (JUD0788.001) proposed by Senator COURTNEY and previously printed in the Journal of Wednesday, January 24, 1996.
On motion of Senator JACKSON, the Bill, with all amendments, was committed to the Committee on Transportation.
H. 3091 -- Reps. Cromer, Keyserling, Kirsh, Knotts and Shissias: A BILL TO AMEND SECTION 30-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY BE CLOSED TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE MEETINGS OF A LEGISLATIVE CAUCUS MAY NOT BE CLOSED TO THE PUBLIC.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator BRYAN, the Bill was carried over.
H. 3101 -- Reps. Shissias, Cromer, Wells, Kelley, Spearman, Richardson, Gamble, Lloyd and Phillips: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE ORDERED WHEN A CHILD IS PAST AGE EIGHTEEN BUT BEFORE AGE NINETEEN WHEN THE CHILD IS IN HIGH SCHOOL AND MAKING PROGRESS TOWARD COMPLETING HIGH SCHOOL AND TO PROVIDE EXCEPTIONS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator THOMAS spoke on the Bill.
With Senator THOMAS retaining the floor, Senator PEELER asked unanimous consent to make a motion that the Senate stand adjourned.
Senator McCONNELL objected.
Senator THOMAS continued arguing contra to the second reading of the Bill.
On motion of Senator THOMAS, the Senate stood adjourned.
Having received a favorable report from the Charleston County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 1995, and to expire April 24, 1997:
Mr. James C. Bryan, Post Office Box 771, Summerville, S.C. 29484
VICE Arthur Ravenel, Jr.
Having received a favorable report from the Laurens County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Laurens County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999, service to commence April 1, 1996:
Mr. Harold Wayne Copeland, Route 2, Box 560, Clinton, S.C. 29325
VICE James R. Braswell (resigned)
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Louis K. Raad of Rock Hill, S.C.
Senator THOMAS moved that when the Senate adjourns on Friday, February 9, 1996, it stand adjourned to meet next Tuesday, February 13, 1996, at 12:00 Noon, which motion was adopted.
At 1:05 P.M., on motion of Senator THOMAS, 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.
Senators McCONNELL, DRUMMOND, PEELER, COURSON and GREG SMITH desired to be recorded as voting against the motion to adjourn.
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