Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:25 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, the prophet Isaiah spoke to his generation more than 700 years before Christ (49:6):
"I (Jehovah) will give you
as a light to the nations,
That my salvation may reach to
the end of the earth."
Let us pray.
O God, Who led the Hebrew children out of Egyptian bondage into the Promised Land, You are our hope in every age!
Lord, we believe that we are living in a transition period on this planet.
Never, in the history of mankind, has the world been so small and so interconnected, by air travel and highways, television, the computer, internet and telephone.
What a burden is laid upon us all for the welfare not only of our own people but of all the earth.
Help us all, who are really serious about life, to hear the voice of God Almighty,
"I will give you as a light to the nations,
That my salvation may reach to the end of
the earth."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 29, 1996
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, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1996, and to expire April 1, 2000:
Midlands - Recipient/Donor/Family:
Lawrence F. McManus, M.D., 1463 Circle H Woods, Prosperity, S.C. 29127
Referred to the Committee on Finance.
Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1996, and to expire April 1, 1998:
Eye Bank:
Ms. Brenda S. Horn, Executive Director, South Carolina Lions Eye Bank, Inc., Storm Eye Institute, 171 Ashley Avenue, Charleston, S.C. 29425
Referred to the Committee on Finance.
April 30, 1996
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, Board of Directors of the Gift of Life Trust Fund, with terms to commence April 1, 1996, and to expire April 1, 1998:
Interested Party:
Donna A. Hollis, RN, Piedmont Medical Center, Post Office Box 2524 CRR, Rock Hill, S.C. 29731
Piedmont - Recipient/Donor/Family:
Mr. Jack D. Leard, 106 Moore Court, Simpsonville, S.C. 29681
Referred to the Committee on Finance.
Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1996, and to expire April 1, 1999:
Low Country - Recipient/Donor/Family:
Ms. Deborah E. O'Brien, 103 Kings Way, Summerville, S.C. 29485
Referred to the Committee on Finance.
Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1996, and to expire April 1, 2000:
Organ Procurement Organization:
Ms. Nancy A. Kay, Executive Director, South Carolina Organ Procurement Agency, Inc., 1064 Gardner Road, Suite 105, Charleston, S.C. 29407
Referred to the Committee on Finance.
May 7, 1996
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, Horry County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:
Mr. Matthew S. Rhue, 1207 Granger Road, Conway, S.C. 29527
Received as information.
May 13, 1996
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, Charleston County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable James A. Turner, 13 Sheridan Road, Charleston, S.C. 29407
Received as information.
Senator GREGORY introduced Dr. Roger Gaddy of Winnsboro, S.C., Doctor of the Day.
On motion of Senator BRYAN, at 11:35 A.M., Senator THOMAS was granted a leave of absence for today.
At 11:35 A.M., Senator GIESE requested a leave of absence from 5:00 - 6:15 P.M.
At 11:35 A.M., Senator COURSON requested a leave of absence beginning at 1:00 P.M., for the balance of the day.
At 12:20 P.M., Senator ROSE requested a leave of absence for himself and Senator MESCHER until 1:20 P.M.
At 12:20 P.M., Senator SALEEBY requested a leave of absence beginning at 1:30 P.M. until Tuesday, May 21, 1996, at 12:00 Noon.
Columbia, S.C., May 14, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Rep. Felder in lieu of Rep. Harrison of the Committee of Conference on the part of the House on:
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.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 14, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4737 -- Reps. Chamblee, Lanford, Kirsh, Harrison, Wofford and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO PROVIDE REQUIREMENTS THAT THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION MUST SATISFY TO COMPLY WITH SUNSET REVIEW RECOMMENDATIONS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 14, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
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.
asks for a Committee of Conference, and has appointed Reps. Jaskwhich, Gamble and McMahand of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators PEELER, MATTHEWS and HAYES of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.
The House of Representatives nonconcurred in the Senate amendments on May 2, 1996.
On motion of Senator COURTNEY, the Senate insisted upon its amendments to H. 3228 and asked for a Committee of Conference.
Whereupon, the PRESIDENT appointed Senators BRYAN, WASHINGTON and MESCHER of the Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 14, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.
asks for a Committee of Conference, and has appointed Reps. Delleney, D. Smith and Fleming of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators McCONNELL, MOORE and COURSON of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 14, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
asks for a Committee of Conference, and has appointed Reps. Delleney, D. Smith and Fleming of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators McCONNELL, MOORE and COURSON of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
H. 4649 -- Reps. Shissias, Neal, Howard, Jennings, Hutson, J. Harris, Walker, Limehouse, White, Wright, Stille, Keyserling, Koon, McElveen, Davenport, Waldrop, McMahand, Gamble, Worley, Thomas, Richardson and Riser: A BILL TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO PROVIDE FOR ITS PURPOSE, REPORTING REQUIREMENTS, AND CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID TO ANY CANCER PATIENT RATHER THAN TO INDIGENT PATIENTS; AND TO ESTABLISH THE CANCER CONTROL ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND DUTIES.
Senator WILSON asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
The following were introduced:
S. 1415 -- Senator Leventis: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 83 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF PSYCHOLOGIST-MASTERS.
Read the first time and referred to the Committee on Medical Affairs.
S. 1416 -- Senator Gregory: A BILL TO AMEND SECTION 7-7-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS MAINTAINED AND KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE POLLING PLACES FOR THE PRECINCTS IN LANCASTER COUNTY BE ESTABLISHED BY THE COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION SUBJECT TO THE APPROVAL BY A MAJORITY OF THE LANCASTER COUNTY LEGISLATIVE DELEGATION.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1417 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE CAROLINA PLAZA AND AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 5, 1996, AND FRIDAY, DECEMBER 6, 1996, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODIES TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, AND TO PROVIDE FOR ASSISTANCE BY APPROPRIATE HOUSE AND SENATE STAFF.
Whereas, the YMCA Youth in Government high school program of South Carolina is designed to provide first-hand experience in the state legislature and governmental matters for high school students; and
Whereas, students participating in the program will run for statewide office, pass legislation, and organize their own government; and
Whereas, the purpose of the YMCA's Youth in Government high school program is to encourage the state's high school students to develop enthusiasm and appreciation for governmental and community matters. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the YMCA Youth in Government high school program is authorized to use the facilities of the House and Senate, as designated by the respective clerks of the House and Senate, on Thursday, December 5, 1996, and Friday, December 6, 1996, from 8:30 A.M. until 5:00 P.M. on both days, to conduct a Youth in Government high school program, provided that the House of Representatives and the Senate are not in statewide session on those days.
Be it further resolved that the clerks of the House and Senate shall provide such assistance and access as appropriate for this meeting in accordance with applicable procedures and rules.
Referred to the Committee on Invitations.
S. 1418 -- Senator Peeler: A CONCURRENT RESOLUTION HONORING THE MEMORY OF FRANKLIN DOUGLAS PITTMAN OF GAFFNEY WHO DIED SUNDAY, MAY 21, 1995, WHILE ATTEMPTING TO SAVE THE LIFE OF A TWELVE-YEAR-OLD BOY WHO DROWNED.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1419 -- Senators Rose, McConnell, Matthews, Washington and Mescher: A SENATE RESOLUTION TO COMMEMORATE MR. WAYNE P. VAN VRANKEN AS RECIPIENT OF THE 1996 OUTSTANDING OLDER SOUTH CAROLINIAN AWARD BY THE OFFICE OF THE GOVERNOR, DIVISION ON AGING.
The Senate Resolution was adopted.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN 1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE THE MONTHS IN WHICH THE LIST IS COMPILED AND FURNISHED.
Ordered for consideration tomorrow.
Senator LANDER from the Committee on Judiciary submitted a favorable report on:
H. 4277 -- Reps. Walker, Baxley and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-85 SO AS TO INCLUDE IN UNLAWFUL EMPLOYMENT PRACTICES THE CONDUCTING OF MEDICAL EXAMINATIONS AND INQUIRIES AND TO PROVIDE CONDITIONS UNDER WHICH THEY MAY BE CONDUCTED; TO AMEND SECTIONS 1-13-20, 1-13-30, AS AMENDED, 1-13-70, 1-13-80, AS AMENDED, 1-13-90, AND 1-13-100, RELATING TO THE STATE HUMAN AFFAIRS COMMISSION AND UNLAWFUL EMPLOYMENT PRACTICES AND THE PROHIBITION AGAINST DISCRIMINATION IN EMPLOYMENT BASED ON RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AND AGE, SO AS TO ALSO PROHIBIT DISCRIMINATION BASED ON DISABILITY AND TO DEFINE "DISABILITY" AND TO FURTHER PROVIDE HOW DISCRIMINATION BASED ON A DISABILITY IS AN UNLAWFUL EMPLOYMENT PRACTICE; TO AMEND SECTIONS 43-33-520, 43-33-530, 43-33-560, AND 43-33-570, RELATING TO THE BILL OF RIGHTS FOR HANDICAPPED PERSONS, SO AS TO DELETE PROVISIONS RELATING TO EMPLOYMENT; TO REPEAL SECTION 43-33-550 RELATING TO THE JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION OVER COMPLAINTS OF EMPLOYMENT DISCRIMINATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS AND SUBCONTRACTORS FROM STATE DISCRIMINATION LAWS WHEN THEY ARE SUBJECT TO SUCH FEDERAL LAWS.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a majority favorable and Senator FORD a minority unfavorable report on:
H. 4343 -- Reps. D. Smith, Littlejohn, Walker, Allison, Haskins, Jennings, Hutson, Cain, Harrison, Vaughn, Wilder, Law, Simrill, Herdklotz, Kirsh, Limbaugh, Gamble, Richardson and Meacham: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICES BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE ON JULY 1, 1997, AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Judiciary submitted a majority favorable with amendment and Senator GLOVER a minority unfavorable report on:
H. 4472 -- Reps. Klauber, Hallman, Seithel, H. Brown, Sandifer, Cain, Kirsh, Richardson, R. Smith, Bailey, Fulmer, Wofford, Young-Brickell, Dantzler, Koon, Wilkins, J. Young, Cato, Limbaugh, Carnell, J. Harris, Wells, Allison, Spearman, Waldrop and Phillips: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS AND PRISONERS, BY ADDING CHAPTER 27 SO AS TO REQUIRE SPECIFIED PAYMENTS OF FILING FEES AND COURT COSTS REGARDING INMATE LITIGATION, TO PROVIDE FOR THE LOSS OF EARNED WORK, EDUCATION, AND GOOD-TIME CREDITS BY A PRISONER IF THE COURT FINDS HE ENGAGED IN CERTAIN IMPROPER ACTIONS REGARDING LEGAL OR ADMINISTRATIVE PROCEEDINGS, AND TO PREVENT A PRISONER FROM BRINGING CERTAIN CIVIL ACTIONS OR APPEALS IF HE HAS BEEN FOUND ON THREE OR MORE PRIOR OCCASIONS OF HAVING INSTITUTED FRIVOLOUS LITIGATION.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable report on:
H. 4526 -- Reps. Wilkins, Sharpe, H. Brown, Harrison, Sheheen, Jennings, Martin, Cato, Cromer, Wright, Hodges and Spearman: A BILL TO AMEND SECTION 10-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF UNAUTHORIZED ENTRY INTO THE CAPITOL BUILDING, SO AS TO MAKE THE CRIME APPLY TO ANY OTHER BUILDING IN WHICH THE GENERAL ASSEMBLY IS MEETING.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4344 -- Reps. Jennings, Inabinett, Allison, Haskins, Harrison, Vaughn, Simrill, Herdklotz, Delleney, Kirsh, Richardson and McElveen: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A COURT MAY ORDER A JUVENILE TO PAY, TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION, AND TO PROVIDE FACTORS TO BE CONSIDERED IN ESTABLISHING THIS AMOUNT.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable report on:
H. 4372 -- Reps. Lanford, Herdklotz, Bailey and Clyburn: A BILL TO AMEND SECTIONS 49-11-10 AND 49-11-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS AGAINST OVERFLOWING OR KEEPING WATER UPON THE LAND OF ANOTHER PERSON, SO AS TO PROVIDE THAT RELEASING RESERVED WATER MAY NOT INJURE THE PROPERTY OF ANOTHER AND TO AUTHORIZE A CIVIL ACTION FOR INJUNCTIVE RELIEF AND MONETARY DAMAGES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a majority favorable with amendment and Senator GLOVER a minority unfavorable report on:
H. 4469 -- Reps. Wilkins, Sharpe, Haskins, Cato, D. Smith, Townsend, J. Brown and Harrison: A BILL TO ENACT THE "SOUTH CAROLINA EFFECTIVE DEATH PENALTY ACT OF 1996" INCLUDING PROVISIONS TO ADD SECTION 16-3-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROHIBIT, WITHOUT PRIOR COURT APPROVAL, CONTACT WITH JURORS WHO SENTENCED AN INDIVIDUAL TO DEATH BY ATTORNEYS OR AGENTS OF THAT INDIVIDUAL; BY ADDING SECTION 17-25-375 SO AS TO FURTHER PROVIDE FOR PROCEDURES FOR THE SETTING OF EXECUTION DATES; BY AMENDING SECTION 17-25-380, RELATING TO NOTICES OF THE INTENT TO EXECUTE A DEATH SENTENCE, SO AS TO FURTHER PROVIDE FOR THESE NOTICE REQUIREMENTS; BY ADDING SECTION 17-27-130 SO AS TO CLARIFY THE CIRCUMSTANCES WHEN THE ATTORNEY-CLIENT PRIVILEGE IS WAIVED IN STATE POST-CONVICTION PROCEEDINGS, AND TO PROVIDE FOR CERTAIN ACCESS OF NEW COUNSEL TO THE FILES OF PRIOR COUNSEL IN CASES OF DEFENDANTS SENTENCED TO DEATH; BY ADDING SECTION 17-27-140 SO AS TO REQUIRE THE SENTENCING TRIAL JUDGE IN CAPITAL CASES TO PRESIDE OVER COLLATERAL REVIEW PROCEEDINGS UNLESS ACTUAL BIAS OR PREJUDICE IS FOUND TO EXIST; BY ADDING SECTION 17-27-150 SO AS TO PROVIDE THAT DISCOVERY PROCESSES ARE ONLY AVAILABLE TO THE PARTIES IN A STATE POST-CONVICTION RELIEF CASE UPON A SHOWING OF GOOD CAUSE; AND BY ADDING SECTION 17-27-160 SO AS TO PROVIDE FOR TIME LIMITS IN CERTAIN MATTERS IN STATE POST-CONVICTION RELIEF CASES INVOLVING A SENTENCE OF DEATH FOR THE PURPOSE OF EXPEDITING REVIEW OF SUCH CASES, AND TO FURTHER PROVIDE FOR THE APPOINTMENT AND COMPENSATION OF COUNSEL IN THESE CASES.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable report on:
H. 4568 -- Reps. Hutson, Mason, Bailey, Cain, S. Whipper, Knotts, Lloyd, Meacham, Fulmer, Whatley, Harrison, Rhoad, Lee, Wofford, Sharpe, Cotty, Quinn, Littlejohn, J. Harris, Riser, Davenport, Simrill, Felder, Wells and Spearman: A BILL TO AMEND SECTION 44-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT, PURPOSE, AND ADMISSIONS TO SOUTH CAROLINA VETERANS HOMES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA MENTAL HEALTH COMMISSION SHALL CONSULT WITH THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, CONCERNING THE POLICIES, MANAGEMENT, AND OPERATION OF VETERANS HOMES.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable report on:
H. 4584 -- Reps. Cooper, H. Brown, Fulmer, Knotts, Young-Brickell, Wofford, Hallman, Quinn, Cato, P. Harris, Harrell and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB OR INTERFERE OR REMOVE MONUMENTS OR MEMORIALS FOR WAR VETERANS AND PROVIDE A PENALTY.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable with amendment report on:
S. 543 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-22 SO AS TO REQUIRE THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES TO PREPARE A FAMILY IMPACT STATEMENT ON BILLS AND RESOLUTIONS THAT MAY HAVE A SIGNIFICANT IMPACT ON THE FAMILY AND TO REQUIRE STATE AGENCIES TO PREPARE A FAMILY IMPACT STATEMENT ON AGENCY POLICIES AND ON REGULATIONS AND TO REQUIRE THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES TO REPORT TO THE GOVERNOR AND TO THE GENERAL ASSEMBLY RECOMMENDATIONS TO STRENGTHEN THE INSTITUTIONS OF MARRIAGE AND THE FAMILY IN THIS STATE.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable with amendment report on:
S. 941 -- Senators Wilson, Lander, Leventis and Reese: A BILL TO AMEND SECTION 25-1-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT OF OFFICERS AND ENLISTED PERSONNEL FROM THE NATIONAL GUARD OF SOUTH CAROLINA, SO AS TO DELETE THE LIMITATIONS ON RETIREMENT PROMOTION FOR COMMISSIONED OFFICERS HOLDING THE GRADE OF MAJOR GENERAL.
Ordered for consideration tomorrow.
S. 1414 -- Senators J. Verne Smith and Thomas: A CONCURRENT RESOLUTION TO EXPRESS DEEP CONCERN OF THE GENERAL ASSEMBLY REGARDING RECENT MIDDLE EASTERN TERRORIST THREATS AND DEMANDS AND TO CONDEMN THESE TYPES OF TERRORIST ACTIONS WHICH UNDERMINE THE PEACEFUL EXISTENCE OF PEOPLES OF ALL RACES, FAITHS, AND NATIONALITIES THROUGHOUT THE WORLD.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
H. 4803 -- Reps. Harrison and Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES, SO AS TO PERMIT THE SUPREME COURT TO REMOVE ANY JUDGE WITHIN THE UNIFIED JUDICIAL SYSTEM FROM OFFICE FOR MISCONDUCT, BREACH OF ANY ETHICAL OBLIGATION, HABITUAL INTEMPERANCE, OR PERSISTENT FAILURE TO PERFORM THE DUTIES OF THE OFFICE, AND ALSO TO PERMIT THE SUPREME COURT TO REMOVE OR RETIRE ANY JUDGE FROM OFFICE UPON A FINDING OF MENTAL OR PHYSICAL INCAPACITY RATHER THAN DISABILITY WHICH SERIOUSLY INTERFERES WITH THE PERFORMANCE OF HIS DUTIES WHICH IS OR IS LIKELY TO BECOME PERMANENT.
On motion of Senator BRYAN, with unanimous consent, the Resolution was taken up for immediate consideration.
The Senate proceeded to a consideration of the Resolution. The question being the third reading of the Joint Resolution.
Senator BRYAN proposed the following Amendment No. 1 (4803R002.JEB), which was adopted:
Amend the joint resolution, as and if amended, page 1, line 34, by striking /any ethical obligation/ and inserting in lieu thereof the following:
/judicial code of conduct/.
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senator BRYAN moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Resolution be ordered to receive a third reading.
H. 4803 -- Reps. Harrison and Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES, SO AS TO PERMIT THE SUPREME COURT TO REMOVE ANY JUDGE WITHIN THE UNIFIED JUDICIAL SYSTEM FROM OFFICE FOR MISCONDUCT, BREACH OF ANY ETHICAL OBLIGATION, HABITUAL INTEMPERANCE, OR PERSISTENT FAILURE TO PERFORM THE DUTIES OF THE OFFICE, AND ALSO TO PERMIT THE SUPREME COURT TO REMOVE OR RETIRE ANY JUDGE FROM OFFICE UPON A FINDING OF MENTAL OR PHYSICAL INCAPACITY RATHER THAN DISABILITY WHICH SERIOUSLY INTERFERES WITH THE PERFORMANCE OF HIS DUTIES WHICH IS OR IS LIKELY TO BECOME PERMANENT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 17, Article V of the Constitution of South Carolina, 1895, is amended to read:
"Section 17. Within the unified court judicial system, the Supreme Court shall have the power, after a hearing, to remove any judge from office for misconduct, breach of judicial code of conduct, or persistent failure to perform the duties of the office, or to remove or retire any judge from office upon a finding of disability a mental or physical incapacity seriously interfering with the performance of his judicial duties which is, or is likely to become, of a permanent character. A justice shall not sit in any hearing involving his own that justice's removal or retirement. Implementation and enforcement of this section may be by rule or order of the Supreme Court. The provisions of this section shall not be construed as precluding the removal of a judge by impeachment or any other method provided by this Constitution nor is the General Assembly, in a judicial impeachment proceeding, bound by the Supreme Court's findings of fact or conclusions of law made in a removal proceeding under this section."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Section 17, Article V, of the Constitution of South Carolina, 1895, relating to the removal or retirement of judges be amended so as to permit the Supreme Court to remove any judge within the unified judicial system from office for misconduct, breach of any ethical obligation, habitual intemperance, or persistent failure to perform the duties of the office, and also to permit the Supreme Court to remove or retire any judge from office upon a finding of mental or physical incapacity rather than disability which seriously interferes with the performance of his duties which is or is likely to become permanent?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The question then was the third reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Hutto 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 Smith, G. Smith, J.V. Waldrep Washington Wilson
The Resolution was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3785 -- Reps. Sharpe, Knotts, Hutson, Limehouse, Littlejohn, A. Young, Whatley, Fleming, Bailey, Fair, Easterday, Allison, Meacham, Walker, Moody-Lawrence, R. Smith, Neal, Tripp, Neilson, Stille, Davenport, Witherspoon, Hines, Vaughn, Rice, Cato, Haskins, Sandifer, Shissias, Mason, Riser, J. Brown, Wright, Wofford, Richardson, J. Harris, Dantzler and Harrison: A BILL TO AMEND TITLE 40, CHAPTER 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASSEURS AND MASSEUSES, TO ENACT THE MASSAGE PRACTICE ACT SO AS TO CREATE THE BOARD OF MASSAGE AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH LICENSURE AND RENEWAL REQUIREMENTS FOR MASSAGE THERAPISTS; TO DEFINE ACTS OF MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT, AND TO PROVIDE PENALTIES.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator ROSE proposed the following amendment (3785R005.MTR), which was adopted:
Amend the bill, as and if amended, page 16, line 5, by striking / five hundred / and inserting in lieu thereof the following:
/one hundred twenty-five/.
Amend the bill further, as and if amended, page 16, line 7, by striking / four-year / and inserting in lieu thereof the following:
/one-year/.
Amend the bill further, as and if amended, page 16, by striking lines 17 through 22 and inserting in lieu thereof the following:
/must submit evidence of compliance with continuing education requirements prescribed by the department in accordance with Section 40-30-190 to be granted a renewed license./.
Renumber sections to conform.
Amend 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.
H. 4541 -- Reps. Simrill, Moody-Lawrence and Kirsh: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE MONETARY PENALTIES FOR CERTAIN VIOLATIONS.
Senator ALEXANDER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator ALEXANDER proposed the following amendment (4541R008.TCA), which was adopted:
Amend the bill, as and if amended, page 24, line 16, after /State./, by inserting the following:
/Notwithstanding any other provision of law, all funds deposited in the merchandise account must be held in trust for the benefit of the purchaser of the merchandise./
Amend the bill further, as and if amended, page 24, line 26, by striking /one hundred percent of the actual costs/ and inserting in lieu thereof the following:
/seventy-five percent of the purchase price paid/.
Amend title to conform.
Senator ALEXANDER explained the amendment.
Senator ALEXANDER proposed the following amendment (4541R007.TCA), which was adopted:
Amend the bill, as and if amended, page 18, line 36, before the /./, by inserting the following:
/and the Governor may select a nominee from the list provided or appoint another suitable candidate of his choice/
Amend title to conform.
Senator ALEXANDER 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 House Bills were read the third time and ordered returned to the House with amendments:
H. 3905 -- Reps. Wright, Quinn and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-45 SO AS TO PROVIDE A PROCEDURE FOR REIMBURSING A SCHOOL DISTRICT FOR COSTS TO THE DISTRICT OF EDUCATING A CHILD NOT A RESIDENT OF THE SCHOOL DISTRICT HE ATTENDS.
(By prior motion of Senator COURSON, with unanimous consent)
H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.
H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.
Having voted on the prevailing side, Senator RANKIN asked unanimous consent to make a motion to reconsider the vote whereby the Senate gave the Bill third reading and returned the Bill to the House with amendments.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator RANKIN objected to further consideration of the Bill.
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
H. 4795 -- Rep. Gamble: A BILL TO AMEND SECTION 37-10-102, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO PROVIDE THAT THE ATTORNEY'S PREFERENCE AND THE INSURANCE AGENT'S PREFERENCE OF THE BORROWER REQUIRED TO BE ASCERTAINED BY THE CREDITOR IN CONNECTION WITH THESE LOANS ARE INDEPENDENT OF EACH OTHER AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE CREDITOR SHALL COMPLY WITH THIS REQUIREMENT; TO AMEND SECTION 37-10-105, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE CONSUMER PROTECTION CODE, SO AS TO PROVIDE THAT VIOLATIONS OF SECTION 37-10-102 ABOVE RELATING TO THE ASCERTAINING OF THE ATTORNEY'S PREFERENCE AND THE INSURANCE AGENT'S PREFERENCE OF A BORROWER SHALL BE PUNISHED AS PROVIDED IN SECTION 37-5-202 BELOW; AND TO AMEND SECTION 37-5-202, RELATING TO VIOLATIONS OF THE CONSUMER PROTECTION CODE AND THE RIGHTS OF THE PARTIES IN REGARD THERETO INCLUDING THE RIGHT TO RECOVER DAMAGES, SO AS TO INCLUDE THEREIN VIOLATIONS OF SECTION 37-10-102 IN REGARD TO ATTORNEY AND INSURANCE AGENT PREFERENCES.
Senator SALEEBY explained the Bill.
H. 3987 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE THAT THE FEES APPLY TO THE GROSS VEHICLE WEIGHT AND TO REVISE THE FEES.
H. 4627 -- Reps. Cato, J. Brown, H. Brown, Boan, Vaughn, Wright, Tripp and Lanford: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 SO AS TO REENACT THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS, SO AS TO DELETE ALL PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR THE POWERS AND DUTIES COMMON TO ALL OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 73, TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION.
Senator PATTERSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Labor, Commerce and Industry Committee proposed the following amendment (PFM\9269AC.96), which was adopted:
Amend the bill, as and if amended, page 55, by striking Section 40-1-120 and inserting:
/Section 40-1-120. (A) Upon a determination by a board that one or more of the grounds for discipline exist, in addition to the actions the board is authorized to take pursuant to its respective licensing act, the board may:
(1) issue a public reprimand;
(2) impose a fine not to exceed five hundred dollars unless otherwise specified by statute or regulation of the board;
(3) place a licensee on probation or restrict or suspend the individual's license for a definite or indefinite time and prescribe conditions to be met during probation, restriction, or suspension including, but not limited to, satisfactory completion of additional education, of a supervisory period, or of continuing education programs;
(4) permanently revoke the license.
(B) A decision by a board to discipline a licensee as authorized under this section must be by a majority vote of the total membership of the board serving at the time the vote is taken.
(C) A final order of a board disciplining a licensee under this section is public information.
(D) Upon a determination by a board that discipline is not appropriate, the board may issue a nondisciplinary letter of caution.
(E) A board may establish a procedure to allow a licensee who has been issued a public reprimand to petition the board for expungement of the reprimand from the licensee's record./
Amend further, page 57, Section 40-1-180(B), by striking lines 26 through 32 and inserting:
/this article./
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
Senator J. VERNE SMITH proposed the following amendment (S-LCI\4627.003), which was adopted:
Amend the bill, as and if amended, page 51, Section 40-1-50, by adding on line 40 the following:
/It is the duty of the director to notify and seek approval of the board or commission at least thirty days in advance of filing with Legislative Council as required by Section 1-23-30 of any proposed changes in any rules or regulations which may affect the practice or service of the respective licensing board or commission./
Amend the bill further, as and if amended, page 52, by striking item (9) on lines 38 and 39 and inserting in lieu thereof the following:
/(9) promulgating regulations which have been submitted to the director, at least thirty days in advance of filing with Legislative Council as required by Section 1-23-30./
Amend title to conform.
Senator J. VERNE SMITH 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.
H. 4501 -- Reps. Fleming, Mason, G. Brown, Seithel, Clyburn, S. Whipper, Sandifer, Stoddard, L. Whipper, Vaughn, Littlejohn, Cato, Elliott and R. Smith: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXCLUDE FROM THE DEFINITION OF "DELINQUENT DEBT" SUMS OWED A COUNTY HOSPITAL WHEN THE HOSPITAL AND THE DEBTOR HAVE ENTERED INTO A WRITTEN PAYMENT AGREEMENT AND THE DEBTOR IS CURRENT IN MEETING THE OBLIGATIONS OF THE AGREEMENT.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HOLLAND proposed the following amendment (JUD4501.001), which was adopted:
Amend the bill, as and if amended, page 1, line 26, Section 12-56-20(4), as contained in SECTION 1, by striking the word /liquidated/ and interting therein /liquidated/.
Amend title to conform.
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.
H. 4012 -- Reps. Townsend, Trotter and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST PRODUCT HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING AND LICENSING VEHICLES, SO AS TO EXEMPT CERTAIN KNUCKLEBOOM LOADERS FROM REGISTRATION AND LICENSING; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO DELETE RESTRICTIONS TO THE HOURS CERTAIN VEHICLES CAN TRAVEL ON THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-4630, RELATING TO THE ATTACHMENT OF A LAMP OR FLAG ON LOADS EXTENDING CERTAIN LENGTHS BEYOND THE BED OR BODY OF A MOTOR VEHICLE, SO AS TO REVISE THE DIMENSIONS OF THE FLAG THAT MUST BE ATTACHED TO THE LOAD; AND TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO EXEMPT THE TRANSPORTATION OF LOGS FROM COMMISSION REGULATION.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators PEELER and SETZLER proposed the following amendment (4012R001.HSP), which was adopted:
Amend the bill, as and if amended, by adding at the end an appropriately numbered new SECTION to read:
/SECTION ___. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7860. The department may issue special motor vehicle license plates to members of the Shriners for private motor vehicles registered in their names. The fee for the issuance of this special plate must be the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue and Taxation. The department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly every five years. Only one plate may be issued to a Shriner."/.
Renumber sections to conform.
Amend title to conform.
Senator PEELER 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.
H. 4994 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT AT LARGE, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2000; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, 13TH CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Concurrent Resolution.
Senator McCONNELL proposed the following amendment (JUD4994.001), which was adopted:
Amend the Concurrent Resolution, as and if amended, page 1, line 25 by striking /29/ and inserting therein the following:
/22/.
Amend title to conform.
There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House with amendments.
H. 4818 -- Reps. Harrison, Sheheen, Whatley, Tucker, Spearman, Rice, Herdklotz, Seithel, Young-Brickell, Stuart, Wilkins, Knotts, Klauber, Wofford, Fleming, Chamblee, D. Smith, Sandifer, Cain, Riser, Meacham, Cato, Robinson, H. Brown and Wright: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators ROSE and MESCHER proposed the following Amendment No. 1 (4818R001.MTR), which was withdrawn:
Amend the bill, as and if amended, page 5, by striking lines 1 and 2 and inserting in lieu thereof the following:
/SECTION 5. Title 20 of the 1976 Code is amended by adding:
"CHAPTER 6
Assessment and Intervention in the
Section 20-6-10. It is the policy of this State that:
(1) Prevention of harm to the fetus is the primary objective of this State and its subdivisions in formulating programs and policies to address the use of alcohol or other drugs during pregnancy.
(2) Programs and policies to address the use of alcohol or other drugs during pregnancy should concentrate on measures that improve the individual's ability to act responsibly. Punitive or coercive measures should be used only as a last resort.
(3) Prenatal harm can be caused by exposure to various drugs, including alcohol, and is often a result of multiple exposures as well as other influences, such as poor maternal health, malnutrition, and lack of prenatal care. The most effective way to prevent this harm is to improve the overall well-being and the self-esteem of women. Efforts to prevent prenatal harm should utilize innovative strategies aimed at the broad range of factors contributing to harm associated with prenatal substance abuse. New models of service delivery should be developed to increase the utilization of available services, using outreach and community-based services as means for identifying and serving the target population.
(4) The use of alcohol and other drugs by women places them at risk for the development of numerous physical and psychological problems. Women whose physical or psychological health is compromised have diminished capacity to care for themselves and their families as well as to participate meaningfully in the community in which they live. Alcohol and other drug abuse isolates women from the institutions of society which support the building and maintenance of self-respect and healthy relationships. Progress and policies of the State and its subdivisions should seek to promote health-enhancing behaviors in women and to develop treatment programs which improve the capacity of women to function fully within their communities.
(5) Prevention, treatment, rehabilitation, and support services for alcohol and other drug abuse, which reflect the unique needs of pregnant women, should be accessible and available to these women. Public and private funds and resources should be identified to implement model intervention programs. Providers of alcohol or drug treatment services must not discriminate against pregnant women or women of childbearing age in providing these services. Pregnant women should be given priority access to treatment services for alcohol or drug dependency.
(6) Adequate prenatal care, through the public and private sectors, should be available and accessible for every pregnant woman. In order to avoid deterring pregnant substance abusers from obtaining prenatal care at the earliest possible time, the privacy of the physician-patient relationship should be protected.
(7) All men and women of childbearing age should be educated about the physical, emotional, and medical effects of alcohol and other drug use during pregnancy. Appropriate educational materials and programs should be developed for use in schools. Educational efforts should emphasize prevention.
(8) All agencies with functions related to use of alcohol or other drugs by pregnant women, including health, social services, corrections, and law enforcement agencies, shall develop plans and interagency policies for coordination of services and resources. These plans and policies should provide for a continuum of services to prevent harm caused by prenatal exposure to alcohol or other drugs. They should include innovative strategies that take into consideration social conditions likely to affect the success of prevention or treatment initiatives, including housing, child care, transportation, and job training specific to women's needs.
(9) Health, social services, and educational agencies shall develop plans and interagency policies for coordination of services and resources to meet the special needs of children who have been harmed by prenatal exposure to alcohol and other drugs.
(10) Statutes, including statutes defining the authority of state or local agencies or providers of services, must be broadly construed to accomplish the policies set forth in this act.
(11) The policies provided for in this act shall be implemented through the cooperative efforts of state, county, and municipal legislative, judicial, and executive branches, as well as other public and private resources. Where resources are limited, services must be targeted to have the greatest impact on preventing harm associated with prenatal exposure to alcohol or other drugs.
Section 20-6-20. A physician licensed in South Carolina who provides obstetrical or gynecological care to a patient who is pregnant shall counsel the patient on the perinatal effects of smoking cigarettes, the use of alcohol, and the use of a controlled substance as defined in Section 44-53-110, as well as other risk factors appearing to be present in the patient's life. A physician may fulfill this obligation by causing a nurse, social worker, or other allied health professional to provide the required counseling. A statement evidencing that this counseling has been provided and signed by the patient or by the person giving this counseling must be maintained as part of that patient's medical records.
Section 20-6-30. The South Carolina Department of Health and Environmental Control, in cooperation with the South Carolina Commission on Alcohol and Drug Abuse, shall develop and provide educational programs and materials to physicians who provide obstetrical or gynecological care, to other health care providers who provide services for pregnant women, to hospitals, and to other appropriate persons and entities. This information must include, but is not limited to:
(1) the effects of cigarettes, alcohol, and controlled substances on pregnancy and fetal outcome;
(2) how other aspects of a woman's life, such as poor nutrition and domestic violence, interact with substance abuse to affect fetal outcome;
(3) what services are available for addicted or substance-abusing women and their families;
(4) the harm done to fetuses from drug use by the mother; and
(5) the law relating to drug use during pregnancy-including the provisions of this chapter.
Section 20-6-40. The South Carolina Commission on Alcohol and Drug Abuse shall establish and maintain a toll-free information line to provide information on resources for substance abuse and to assist with referral for substance-abusing pregnant women.
Section 20-6-50. A pregnant woman referred for substance abuse treatment must receive first priority for use of available treatment. All records and reports regarding the pregnant woman are confidential. The South Carolina Commission on Alcohol and Drug Abuse shall ensure that family-oriented substance abuse treatment is available, as appropriations allow. Substance abuse treatment facilities that receive public funds may not refuse to treat a woman solely because she is pregnant.
Section 20-6-60. (A) A physician or health care provider, upon identification of a woman with a high risk pregnancy due to the abuse of alcohol or a controlled substance or whose newborn child reasonably appears to have been exposed to alcohol or controlled substances in utero, shall inform the woman of the availability of services offered by substance abuse programs and the option of referral to the South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services.
(B) Upon consent by a woman identified in accordance with subsection (A) the physician or health care provider shall within seventy-two hours of making the identification make a referral to the South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services. The commission's toll-free information line and any other reasonable means may be used for this purpose.
(C) Any individual providing a government service to a woman identified in accordance with subsection (A) may refer the woman, with the woman's consent, to the South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services. The commission's toll-free information line and any other reasonable means may be used for this purpose.
(D) The South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services promptly must refer each woman referred in accordance with subsections (B) or (C) to a substance abuse program licensed by the Department of Health and Environmental Control and chosen by the woman, or if the woman does not choose a substance abuse program licensed by the Department of Health and Environmental Control, to the county drug and alcohol abuse authority in the county in which the woman resides. This substance abuse program or county drug and alcohol abuse authority must provide assessment and interdisciplinary treatment to each woman for whom a referral is made in accordance with subsections (B) or (C), and must report to a physician or other health care provider treating the woman the failure of the woman to comply with any reasonable plan of assessment or treatment prescribed by the substance abuse program or the county drug and alcohol abuse authority.
(E) Nothing in this section shall preclude a physician or other mandated reporter from reporting abuse or neglect of a child as required pursuant to Section 20-7-510. Nothing in this section shall preclude or interfere with voluntary admission to a drug treatment facility or emergency drug treatment pursuant to Chapter 52 of Title 44.
(F) A physician, health care provider, or other individual providing a government service who in good faith substantially complies with this section is immune from any civil liability that otherwise might result by reason of this compliance.
(G) Referral and associated documentation resulting from compliance with this section is confidential and may not be used in any criminal prosecution.
(H) The consent required by subsections (B) and (C) is considered a waiver of confidentiality solely for the purpose of making the report pursuant to subsections (B) and (C)."
SECTION 6. Section 20-7-290 of the 1976 Code is amended to read:
"Section 20-7-290. (A) Health services of any kind may be rendered to minors a minor of any age without the consent of a parent or legal guardian when, in the judgment of a person authorized by law to render a particular health service, such the services are deemed considered necessary unless such involves the services involve an operation which shall may be performed only if such it is essential to the health or life of such child the minor in the opinion of the performing physician and a consultant physician if one is available.
(B) A physician providing care for a newborn child may order testing for alcohol and other drugs without the consent of a parent or legal guardian if the testing is medically necessary to protect the health of the newborn child in the opinion of the performing physician. Consent from the mother should be sought before testing, if practicable.
(C) Information obtained from the drug or alcohol testing performed on a newborn must not be disclosed in a manner that would identify the child or parents to anyone other than the child's parents or guardian, except:
(1) to make a report pursuant to Section 20-7-510 and to cooperate with an investigation pursuant to such report;
(2) to obtain treatment or other services or benefits for the child or the child's family;
(3) as may be permitted by Section 44-53-140 pursuant to Chapter 52 of Title 44; or
(4) upon consent of a custodial parent or legal guardian.
Any person who discloses such information except as authorized in this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both."
SECTION 7. Section 20-7-510 of the 1976 Code is amended by adding:
"(D) A person is not required to report based on positive results of drug or alcohol testing performed on a newborn unless the test results combine with one or more other factors, such as the infant's home or family situation or condition, to give the reporter reason to believe that a child's physical or mental health or welfare may be affected adversely by abuse or neglect while in the care of a parent, legal guardian, or custodian."
SECTION 8. Section 44-7-260 of the 1976 Code is amended by adding:
"(F) No facility or service that provides diagnostic, treatment, or rehabilitative services related to the abuse of alcohol or other drugs may refuse to provide these services to a woman solely because the woman is pregnant. Pregnant women must be given priority access to these services. Diagnostic, treatment, or rehabilitative services must be provided in accordance with accepted professional standards applicable to the treatment of abuse of alcohol or other drugs in pregnant women. All treatment providers must ensure that family-oriented substance abuse treatment is available, as resources may allow."
SECTION 9. Section 44-49-40(c) of the 1976 Code is amended by adding:
"(11) Coordinate these matters relating to prenatal substance abuse:
(a) study of issues related to prenatal substance abuse;
(b) development of prevention and treatment strategies;
(c) education of policymakers and other relevant professionals;
(d) identification of grants and other private funding sources and the coordination of efforts to obtain these funds; and
(e) provision of interagency communications and actions relating to the use of alcohol and other drugs during pregnancy."
SECTION 10. Section 44-53-140 of the 1976 Code is amended to read:
"Section 44-53-140. (A) Whenever When a holder of the privilege shall seek seeks counselling, treatment, or therapy for any a drug problem from a confidant, no statement made by such the holder and no observation or conclusion derived from such by the confidant shall be is admissible against such the holder in any proceeding. The results of any an examination to determine the existence of illegal or prohibited drugs in a holder's body shall are not be admissible in any proceeding against such the holder. The privilege belongs to the holder and if he the holder waives the right to claim the privilege the communication between the holder of the privilege and the confidant shall be is admissible in evidence in any proceeding. There is no privilege if the services of a confidant are sought to enable the holder of the privilege to commit or plan to commit a crime or a tort.
(B) When a person seeks prenatal care from a licensed health care provider, no statement made by the person and no observation or conclusion of the health care provider is admissible against the person in any proceeding. The results of an examination to determine the existence of alcohol or other drugs in the person's body or in the body of the newborn child of the person are not admissible in any proceeding against the person. However, the provider may release that information necessary to bring about the commitment of the person for alcohol or drug treatment pursuant to Section 44-52-110, where the release is consistent with professional standards of care. The provider also may release information necessary to judicial proceedings that are initiated by the Department of Social Services following a report under Section 20-7-510. The privilege belongs to the person and may be waived by the person."
SECTION 11. Section 59-32-20 of the 1976 Code is amended by adding a new paragraph at the end of the section to read:
"All school districts shall develop and include in their drug and alcohol education programs in grades one through twelve, age appropriate drug education curricula concerning the physiological effects and problems before and after birth caused by the use of cigarettes, alcohol, and controlled substances."
SECTION 12. Section 59-32-30(A) of the 1976 Code is amended by adding at the end:
"(7) Where appropriate to the students' age group, a program of instruction in reproductive health education or substance use or abuse must include instruction concerning the effects of the use and abuse of cigarettes, alcohol, and controlled substances on persons of reproductive age, pregnant women, and fetuses."
SECTION 13. The South Carolina Commission on Alcohol and Drug Abuse shall ensure that a staff position is designated to carry out the functions required by Section 44-49-40(c)(11) of the 1976 Code as added by Section 9 of this act.
SECTION 14. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator ROSE explained the amendment.
Senator CORK raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT overruled the Point of Order.
Senator ROSE continued speaking on the amendment.
Senator ROSE moved that the amendment be adopted.
Senator COURTNEY argued contra to the adoption of the amendment.
On motion of Senator ROSE, with unanimous consent, the amendment was withdrawn.
Senator ROSE objected to further consideration of the Bill.
H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HOLLAND proposed the following amendment (JUD4434.003):
Amend the bill, as and if amended, page 1, beginning on line 35, in Section 56-5-2990, as contained in SECTION 1, by striking lines 35 and 36 in their entirety and inserting therein the following:
/contendere, or forfeiture of bail, two years for the third offense, three years for the fourth offense, and a permanent revocation of the/.
Amend title to conform.
On motion of Senator HOLLAND, the Bill was carried over.
H. 4782 -- Rep. Easterday: A BILL TO AMEND SECTION 37-5-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, DEBTORS' REMEDIES, AND CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF THIS SUBSECTION SHALL NOT BE CONSTRUED TO IMPOSE CIVIL LIABILITY OR PENALTIES ON AN ARRANGER OF CREDIT WHEN DISCLOSURE CONSTITUTING A VIOLATION OF THE FEDERAL TRUTH IN LENDING ACT IS ACTUALLY COMMITTED BY ANOTHER PERSON AND THE ARRANGER OF THE CREDIT HAS NO KNOWLEDGE OF THE VIOLATION WHEN IT OCCURRED, AND TO REQUIRE THE CREDITOR TO PROVIDE A COPY OF THE FINAL CLOSING DOCUMENTS TO THE ARRANGER OF CREDIT; TO AMEND SECTION 40-58-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE PROVISIONS OF LAW ON THE REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO DEFINE "REGULAR BUSINESS HOURS", "SATELLITE OFFICE", AND "TABLE-FUNDED TRANSACTION", AND TO MAKE CERTAIN CHANGES TO THE DEFINITION OF "EXEMPT PERSON OR ORGANIZATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 40-58-35 SO AS TO PROVIDE THAT A MORTGAGE LOAN BROKER MAY CONTRACT FOR AND RECEIVE A LOAN BROKER'S FEE AS SET FORTH IN THE BROKER'S FEE AGREEMENT WITH THE APPLICANT, AND PERMIT THE AGREEMENT TO INCLUDE A NONREFUNDABLE APPLICATION FEE; TO AMEND SECTION 40-58-65, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, RECORDS, CONFIDENTIALITY, THE PHYSICAL PRESENCE OF A MORTGAGE BROKER IN THE STATE, AND OFFICIAL PLACE OF BUSINESS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A REGISTERED MORTGAGE LOAN BROKER WITH AN OFFICIAL PLACE OF BUSINESS WITHIN SOUTH CAROLINA ALSO MAY MAINTAIN ONE OR MORE SATELLITE OFFICES UNDER CERTAIN CONDITIONS; TO AMEND SECTION 40-58-110, AS AMENDED, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, FIRST TIME REGISTRANTS' PROCESSING FEES, AND ANNUAL RENEWAL OF REGISTRATION, SO AS TO PROVIDE THAT A BROKER SHALL PAY AN INITIAL FEE OF FIFTY DOLLARS WHEN REGISTERING EACH SATELLITE LOCATION AND THAT THERE SHALL BE NO RENEWAL FEE CHARGED A SATELLITE OFFICE, REQUIRE THE BROKER TO GIVE WRITTEN NOTICE OF TEN DAYS BEFORE THE OPENING OF A NEW, OFFICIAL BRANCH OR SATELLITE LOCATION, AND PROVIDE THAT NO FEE IS REQUIRED WHEN THE REGISTRANT GIVES NOTICE OF A CHANGE OF ADDRESS FOR AN OFFICIAL BRANCH OR SATELLITE LOCATION; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, MISCELLANEOUS LOAN PROVISIONS, AND ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE INSTEAD THAT AN ATTORNEY LICENSED TO PRACTICE LAW IN SOUTH CAROLINA MUST BE INVOLVED IN THE CLOSING OF THE LOAN FOR CERTAIN PURPOSES, AND TO PROVIDE THAT THE TITLE INSURANCE MUST BE ISSUED THROUGH A TITLE INSURANCE COMPANY LICENSED TO CONDUCT BUSINESS IN SOUTH CAROLINA AND MUST BE ACCEPTABLE TO THE LENDER; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, LOANS, MAXIMUM CHARGES, AND THE LOAN FINANCE CHARGE FOR CONSUMER LOANS OTHER THAN SUPERVISED LOANS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A MORTGAGE LOAN BROKER AS DEFINED IN SECTION 40-58-20.
On motion of Senator McCONNELL, the Bill was carried over.
H. 4825 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON GASOLINE AND DIESEL FUEL, SO AS TO PROVIDE THAT THE LICENSE TAX IMPOSED BY THIS SECTION IS IN LIEU OF ALL SALES, USE, OR OTHER EXCISE TAX WHICH MAY OTHERWISE BE IMPOSED BY ANY MUNICIPALITY, COUNTY, OR OTHER LOCAL POLITICAL SUBDIVISION; TO AMEND SECTION 12-28-720, RELATING TO THE TAX ON MOTOR FUELS AND PERFECTION OF THE EXEMPTION FOR IMPORTS, SO AS TO PROVIDE THE EXEMPTION FOR EXPORTS, RATHER THAN IMPORTS; TO AMEND SECTION 12-28-740, RELATING TO THE TAX ON MOTOR FUELS AND PERFECTION OF THE EXEMPTION FOR THE FEDERAL GOVERNMENT AND STATE-OWNED BUSES AND VEHICLES USED IN AN EDUCATIONAL PROGRAM, SO AS TO CHANGE A STATUTORY REFERENCE REGARDING A VENDOR'S MAKING APPLICATION FOR A PERMIT PROVIDED FOR BY THIS SECTION; TO AMEND SECTION 12-28-795, RELATING TO THE TAX ON MOTOR FUELS AND INTEREST ON REFUND CLAIMS NOT ISSUED WITHIN THIRTY DAYS OF FILING, SO AS TO DELETE THE EXISTING PROVISIONS OF THIS SECTION AND PROVIDE THAT INTEREST ON A CLAIM FOR A REFUND MUST BE PAID AT THE RATE AND IN THE MANNER PROVIDED FOR IN SECTION 12-54-25; TO AMEND SECTION 12-28-905, RELATING TO THE TIME FOR PAYMENT OF THE MOTOR FUEL TAX ON GALLONS OF MOTOR FUEL IMPORTED FROM ANOTHER STATE, SO AS TO CHANGE CERTAIN STATUTORY REFERENCES WITHIN THIS SECTION; TO AMEND SECTION 12-28-915, RELATING TO THE TAX ON MOTOR FUELS, THE TAX COLLECTED AND REMITTED BY THE SUPPLIER, DUE DATE, AND LATE TAXES, SO AS TO PROVIDE THAT A SUPPLIER SHALL "GIVE NOTIFICATION OF", RATHER THAN "REMIT", LATE TAXES REMITTED TO THE SUPPLIER BY AN ELIGIBLE PURCHASER; TO AMEND SECTION 12-28-925, RELATING TO THE COLLECTION OF MOTOR FUEL TAX FROM A PURCHASER AND THE ELECTION TO DEFER THE TAX PAYMENT, SO AS TO DELETE CERTAIN PROVISIONS, AND TO PROVIDE THAT FAILURE OF A SUPPLIER OR BONDED IMPORTER TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY RESULT IN SUSPENSION OR REVOCATION OF LICENSE; TO AMEND SECTION 12-28-935, RELATING TO RECISION OF A PURCHASER'S ELIGIBILITY AND ELECTION TO DEFER PAYMENT OF THE TAX ON MOTOR FUELS, SO AS TO CHANGE A STATUTORY REFERENCE WITHIN THE CODE SECTION; TO AMEND SECTION 12-28-940, RELATING TO COMPUTING THE AMOUNT OF THE MOTOR FUEL TAX DUE, SO AS TO CHANGE A STATUTORY REFERENCE WITHIN THIS SECTION, AND TO SUBSTITUTE "CREDIT" FOR "DEDUCTION" IN ONE INSTANCE; TO AMEND SECTION 12-28-970, RELATING TO THE IMPOSITION OF A BACKUP TAX EQUAL TO THE TAX IMPOSED BY SECTION 12-28-310, SO AS TO PROVIDE FOR AN EXEMPTION FROM THE BACKUP TAX UPON THE DELIVERY IN THIS STATE INTO THE FUEL SUPPLY TANK OF A HIGHWAY VEHICLE OF "ALTERNATIVE FUELS"; TO AMEND SECTION 12-28-1130, RELATING TO THE TAX ON MOTOR FUELS AND THE TANK WAGON OPERATOR-IMPORTER LICENSE AND FEE, SO AS TO PROVIDE THAT "OPERATORS OF TANK WAGONS DELIVERING PRODUCTS", RATHER THAN "OPERATORS OF TANK WAGON DELIVERY PRODUCT", INTO THIS STATE MORE THAN TWENTY-FIVE MILES FROM THE BORDER SHALL APPLY FOR AN IMPORTER'S LICENSE UNDER SECTION 12-28-1125; TO AMEND SECTION 12-28-1135, RELATING TO THE FUEL VENDOR LICENSE AND FEE, SO AS TO, AMONG OTHER THINGS, SUBSTITUTE "TRANSPORTER" FOR "CARRIER" IN ONE INSTANCE AND CHANGE A STATUTORY REFERENCE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-28-1139 SO AS TO REQUIRE EACH PERSON LIABLE FOR THE TAX IMPOSED BY SECTIONS 12-28-970 AND 12-28-990(C) WHO IS NOT LICENSED UNDER SECTIONS 12-28-1100 THROUGH 12-28-1135 TO OBTAIN A MISCELLANEOUS FUEL TAX LICENSE, AND TO PROVIDE THAT THERE IS NO REGISTRATION FEE FOR THIS LICENSE; TO AMEND SECTION 12-28-1150, RELATING TO THE TAX ON MOTOR FUELS, FINGERPRINTING, AND EXEMPTIONS, SO AS TO CHANGE A REFERENCE TO THE TITLE OF AN AGENCY HEAD; TO AMEND SECTION 12-28-1155, RELATING TO THE REQUIREMENT THAT AN APPLICATION FOR A LICENSE UNDER CHAPTER 28, TITLE 12, MUST BE FILED WITH A SURETY BOND OR CASH DEPOSIT, SO AS TO ADD LANGUAGE TO A PROVISION OF THIS SECTION TO THE EFFECT THAT FUEL VENDORS DEFINED IN SECTION 12-28-1135, OTHER THAN PERSONS REQUIRED TO BE LICENSED UNDER PROVISIONS OTHER THAN IN THOSE SECTIONS, AND MISCELLANEOUS FUEL TAX LICENSEES DEFINED IN SECTION 12-28-1139, ARE EXEMPT FROM THE BONDING REQUIREMENTS; TO AMEND SECTION 12-28-1180, RELATING TO THE TAX ON MOTOR FUELS, NOTICE OF PROPOSED DENIAL OF APPLICATION FOR A LICENSE NOTICE OF SUSPENSION OR REVOCATION OF LICENSE, AND CERTAIN HEARINGS, SO AS TO PROVIDE FOR THE SUSPENSION OR REVOCATION OF A LICENSE FOR FAILURE TO COMPLY WITH CHAPTER 28, TITLE 12, AFTER AT LEAST THIRTY DAYS' NOTICE, RATHER THAN TEN DAYS' NOTICE, TO THE LICENSEE AND A HEARING, IF REQUESTED, PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 12-28-1300, RELATING TO THE TAX ON MOTOR FUELS, VERIFIED STATEMENT BY A SUPPLIER, AND REPORTING OF INFORMATION, SO AS TO PROVIDE THAT THE REPORTS REQUIRED BY ARTICLE 13 OF CHAPTER 28, TITLE 12, RATHER THAN BY SECTION 12-28-1300, MUST BE FILED WITH RESPECT TO INFORMATION FOR THE PRECEDING CALENDAR MONTH "ON OR BEFORE", RATHER THAN "BEFORE", THE TWENTY-SECOND DAY OF THE CURRENT MONTH, AND TO CHANGE A STATUTORY REFERENCE WITHIN THIS SECTION; TO AMEND SECTION 12-28-1320, RELATING TO THE TAX ON MOTOR FUELS AND THE REQUIREMENT THAT A LICENSED TANK IMPORTER MUST FILE A MONTHLY VERIFIED SWORN STATEMENT OF OPERATIONS, SO AS TO REFER TO AND IMPOSE THE REQUIREMENT OF THIS SECTION UPON, A "LICENSED TANK WAGON OPERATOR IMPORTER", RATHER THAN A "LICENSED TANK IMPORTER"; TO AMEND SECTION 12-28-1390, RELATING TO THE TAX ON MOTOR FUELS AND A FUEL VENDOR'S REPORTS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE FUEL VENDOR'S ANNUAL REPORT MUST BE FILED BEFORE FEBRUARY TWENTY-EIGHTH, RATHER THAN "BEFORE JANUARY TWENTY-FIRST", ANNUALLY FOR THE PRECEDING CALENDAR YEAR; TO AMEND THE 1976 CODE BY ADDING SECTION 12-28-1395 SO AS TO PROVIDE THAT A PERSON LICENSED AS A MISCELLANEOUS FUEL TAX LICENSEE IN SOUTH CAROLINA SHALL FILE MONTHLY A SWORN STATEMENT ON PRESCRIBED FORMS AND FURNISH ANY INFORMATION CONSIDERED NECESSARY BY THE ADMINISTERING AGENCY FOR THE ENFORCEMENT OF CHAPTER 28, TITLE 12; TO AMEND SECTION 12-28-1505, RELATING TO THE TAX ON MOTOR FUELS AND REQUIREMENTS RELATING TO SHIPPING DOCUMENTS, SO AS TO DELETE A CERTAIN REFERENCE TO "THE SECRETARY OF STATE" AND SUBSTITUTE "THE DEPARTMENT OF REVENUE AND TAXATION OR ITS AGENT"; TO AMEND SECTION 12-28-2110, RELATING TO SPECIALIZED COMPENSATING FUEL TAXES AND THE FUEL REPLACEMENT TAX, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO REQUIRE THE COLLECTION OF THE TAX IMPOSED BY CHAPTER 28, TITLE 12; TO AMEND SECTION 12-28-2360, RELATING TO THE TAX ON MOTOR FUELS AND REFUND OF THE INSPECTION FEE ON PETROLEUM PRODUCTS, SO AS TO PROVIDE FOR PROOF OF CLAIM BEING SUBMITTED WITHIN THE TIME PERIOD PROVIDED FOR IN SECTION 12-54-85, RATHER THAN WITHIN SIX MONTHS FROM THE DATE SHOWN ON THE DELIVERY MANIFEST; TO AMEND SECTION 12-28-2380, RELATING TO THE TAX ON MOTOR VEHICLES, THE PROVISION THAT MOTOR FUELS USED IN THE OPERATION OF A MOTOR VEHICLE ARE TAXABLE, AND THE EXEMPTION FOR THE SELLER-USER OF LIQUEFIED PETROLEUM GAS, SO AS TO PROVIDE THAT ALL MOTOR FUELS PLACED INTO MOTOR VEHICLES FOR USE IN THEIR OPERATION OR FOR THE OPERATION OF THEIR PARTS OR ATTACHMENTS ARE SUBJECT TO THE "FEES", RATHER THAN THE "TAX", PROVIDED FOR IN ARTICLE 23 OF CHAPTER 28, TITLE 12, RATHER THAN "PROVIDED FOR IN CHAPTER 28, TITLE 12"; TO AMEND SECTION 12-28-2520, RELATING TO THE TAX ON MOTOR FUELS, REPORTS AND BOND REQUIREMENTS, AND OIL COMPANY BOND EXEMPTION BASED ON STATEMENT OF ASSETS AND LIABILITIES, SO AS TO PROVIDE THAT "A MOTOR FUEL LICENSEE", RATHER THAN "AN OIL COMPANY", MAY FURNISH A STATEMENT OF ASSETS AND LIABILITIES AND THAT IF IN THE JUDGMENT OF THE ADMINISTERING AGENCY, THE PROPERTY OWNED BY THE "MOTOR FUEL LICENSEE", RATHER THAN "THE OIL COMPANY", IS SUFFICIENT TO PROTECT THE STATE IN THE PAYMENT OF ALL "MOTOR FUEL TAXES", RATHER THAN "GASOLINE TAXES", DUE, A BOND IS NOT REQUIRED; AND TO REPEAL SECTION 12-28-2510, RELATING TO THE TAX ON MOTOR FUELS AND THE ANNUAL REPORTING REQUIREMENT OF GALLONS SOLD THROUGH RETAIL OUTLETS.
On motion of Senator PATTERSON, the Bill was carried over.
H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, AS AMENDED, 12-36-120, AS AMENDED, 12-36-1710, AS AMENDED, 12-36-2110, AS AMENDED, AND 12-36-2120, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO REVISE THE DEFINITIONS OF "RETAIL SALE" AND "WHOLESALE SALE", CLARIFY A REFERENCE IN AN EXEMPTION UNDER THE CASUAL EXCISE TAX, REQUIRE LEASES TO BE IN WRITING FOR PURPOSES OF OBTAINING THE THREE HUNDRED DOLLARS MAXIMUM SALES TAX ON CERTAIN ITEMS, CLARIFY THE SALES TAX EXEMPTION FOR SUPPLIES REQUIRED BY DIABETICS, AND TO EXEMPT GOODS PROVIDED TO THE FEDERAL GOVERNMENT WHEN CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 12-39-260, RELATING TO THE DUTIES OF THE COUNTY AUDITOR, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO APPROVE OTHER MEANS OF ACCOUNTING FOR AND REPORTING OF REAL ESTATE SALES; TO AMEND SECTION 12-54-35, RELATING TO THE INNOCENT SPOUSE RULE, SO AS TO PROVIDE THOSE INSTANCES WHEN THE RULE DOES NOT APPLY; TO AMEND SECTION 12-54-50, AS AMENDED, RELATING TO THE PENALTY ON A RETURNED CHECK FOR TAXES, SO AS TO EXTEND THE PENALTY TO ELECTRONIC PAYMENTS AND CLARIFY THIS PENALTY AS AN ADDITION TO ALL OTHER PENALTIES; TO AMEND SECTION 12-54-90, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REVOKE LICENSES ISSUED TAXPAYERS FOR VIOLATIONS OR OMISSIONS, SO AS TO PROVIDE NOTICE BY FIRST CLASS RATHER THAN CERTIFIED MAIL; TO AMEND SECTION 12-54-210, AS AMENDED, RELATING TO THE REQUIREMENT TO MAINTAIN RECORDS FOR TAX PURPOSES, SO AS TO EXTEND THE REQUIREMENT TO LICENSES, FEES, AND SURCHARGES AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH MICROFILM RECORDS ARE ADEQUATE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO CONTRACT WITH PRIVATE PARTIES TO COLLECT TAXES, SO AS TO ALLOW THE NOTICE TO TAXPAYERS TO BE MADE BY FIRST CLASS RATHER THAN CERTIFIED OR REGISTERED MAIL; AND TO REPEAL SECTION 12-6-5040, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REQUIRE COPIES OF FEDERAL TAX RETURNS.
On motion of Senator PATTERSON, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. P-3 (S-LCI\3624.002) proposed by Senators MOORE, J. VERNE SMITH and FORD and previously printed in the Journal of Tuesday, May 14, 1996.
Senator MOORE explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senators J. VERNE SMITH and MOORE proposed the following Amendment No. P-4 (S-LCI\3624.003), which was adopted:
Amend the Committee Report, as and if amended, SECTION 2, page [3624-2], by striking lines 7 through 18 and inserting in lieu thereof the following:
/(2) 'Environmental audit' means a voluntary, internal evaluation or review of one or more facilities or an activity at one or more facilities regulated under federal, state, regional, or local environmental law, or of compliance programs, or management systems related to the facility or activity if designed to identify and prevent noncompliance and to improve compliance with these laws. For the purposes of this act, an environmental audit does not include an environmental site assessment of a facility conducted solely in anticipation of the purchase, sale, or transfer of the business or facility. An environmental audit may be conducted by the owner or operator, the parent corporation of the owner or operator or by their officers or employees, or by independent contractors. An environmental audit must be a discrete activity with a specified beginning date and scheduled ending date reflecting the auditor's bona fide intended completion schedule./
Amend title to conform.
Senator MOORE explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE proposed the following Amendment No. P-6 (3624R001.MTR), which was adopted:
Amend the committee report, as and if amended, page 3624-3, by adding the following new item after line 17:
/(___) information which is knowingly misrepresented or misstated or which is knowingly deleted or withheld from an environmental audit report, whether or not included in a subsequent environmental audit report. /.
Renumber items to conform.
Amend title to conform.
Senator MOORE explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. P-9 (S-LCI\3624.007), which was adopted:
Amend the Committee Report of the Labor, Commerce and Industry Committee, as and if amended, Section 48-57-10, page [3624-2], immediately after line 3, by adding:
/(_) Notwithstanding any other provision of law, any privilege granted by this chapter shall apply only to those communications, oral or written, pertaining to and made in connection with the self-audit and shall not apply to the facts relating to the violation itself./
Amend the report further, as and if amended, Section 48-57-30, page 3624-3, immediately after line 37, by adding:
/(D) In a criminal proceeding, any information in the audit report not otherwise available shall be made available to circuit solicitors and the Attorney General upon request but shall not be disclosed to the department, third parties, or their attorneys if the privilege otherwise applies. This disclosure does not waive a party's right to assert the privilege under Section 48-57-60. The privilege shall continue to apply and is not waived in civil and administrative proceedings, and shall not be discoverable or admissible in civil or administrative proceedings even if disclosed during a criminal proceeding. If the circuit solicitor, the Attorney General or any member of their offices divulges or disseminates all or any part of the information contained in the environmental audit report for which the privilege has not been revoked by a court, the disclosing party shall be subject to the remedies available to the aggrieved party under common law, including but not limited to, civil contempt./
Amend the Committee Report further, as and if amended, page 3624-4, by inserting immediately after line 21 the following:
/Section 48-57-45. In order to assert the privilege established in Section 48-57-30, the facility coordinating the environmental audit shall, within ten days of commencing the audit, notify the department that an audit is being conducted, and shall include in that notification the beginning date of the audit and the scheduled completion date./
Amend the Committee Report further, as and if amended, Section 48-57-100(C), page 3624-6, immediately after line 13, by adding:
/(6) the violation occurred within one year of a similar prior violation at the same facility and immunity from civil and administrative penalties was granted by the department for the prior violation./
Amend the Committee Report further, as and if amended, Section 48-57-100, page 3624-6, immediately after line 37, by adding:
/(F) Final waiver of penalties and fines is not granted until full compliance has been certified by the department as occurring in a reasonable time. If full compliance is not certified by the department, the department shall retain discretion to assess penalties based on the department's Uniform Enforcement Policy./
Amend title to conform.
Senator MOORE explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator RICHTER spoke on the amendment.
At 1:05 P.M., the PRESIDENT assumed the Chair.
Senator RICHTER continued speaking on the amendment.
Senator LEVENTIS proposed the following Amendment No. P-10 (3624R014.PPL), which was later withdrawn:
Amend the committee amendment, as and if amended, page 3624-7, by striking lines 1 through 4 and inserting in lieu thereof the following:
Section 48-57-510. As used in this article:
(1) 'Agricultural facility' means a lot, building, or structure which is used for the commercial production of swine in an animal feeding operation.
(2) 'Animal' means a domesticated animal belonging to the porcine species.
(3) 'Animal feeding operation' means an agricultural facility where animals are confined and fed or maintained for a total of forty-five days or more in a twelve-month period and crops, vegetative, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Structures used for the storage of animal waste from animals in the operation also are part of the animal feeding operation. Two or more animal feeding operations under common ownership or management are considered to be a single animal feeding operation if they are adjacent or utilize a common system for animal waste storage.
(4) 'Animal waste' means animal excreta or other commonly associated organic animal wastes including, but not limited to, bedding, litter, feed losses, or water mixed with the waste.
(5) 'Annual pollutant loading rate' means the maximum amount of a pollutant that can be applied to a unit area of a waste utilization area during a three hundred sixty-five-day period.
(6) 'Cumulative pollutant loading rate' means the maximum amount of a pollutant that can be applied to an area of land.
(7) 'Department' means the South Carolina Department of Health and Environmental Control.
(8) 'Ephemeral stream' means a stream that flows only in direct response to rainfall or snowmelt in which discrete periods of flow persist no more than twenty-nine consecutive days per event.
(9) 'Intermittent stream' means a stream that generally has a defined natural water course which does not flow year-round but flows beyond periods of rainfall or snowmelt.
(10) 'Lagoon' means an impoundment used in conjunction with an animal feeding operation, the primary function of which is to store or stabilize, or both, organic wastes, wastewater, and contaminated runoff.
(11) 'Vector' means a carrier that is capable of transmitting a pathogen from one organism to another including, but not limited to, flies and other insects, rodents, birds, and vermin.
(12) 'Waste storage pond' means a structure used for impounding or storing manure, wastewater, and contaminated runoff as a component of an agricultural waste management system. Waste is stored for a specified period of time, one year or less, and then the pond is emptied.
(13) 'Waste Utilization area' means land on which animal waste is spread as a fertilizer.
(14) 'Watershed' means a drainage area contributing to a river, lake, or stream.
(15) 'Waters of the State' means lakes, bays, sounds, ponds, impounding reservoirs, springs, artesian wells, rivers, perennial and navigable streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State, and all other bodies of water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction. This definition does not include ephemeral or intermittent streams. This definition includes wetlands as defined in this section.
(16) 'Wetlands' means lands that have a predominance of hydric soil, are inundated or saturated by water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions, and, under normal circumstances, do support a prevalence of hydrophytic vegetation. Normal circumstances refer to the soil and hydrologic conditions that are normally present without regard to whether the vegetation has been removed. Wetlands must be identified through the confirmation of the three wetlands criteria: hydric soil, hydrology, and hydrophytic vegetation. All three criteria must be met for an area to be identified as wetlands.
Section 48-57-520. (A) All siting requirements for animal feeding operations must be measured from property lines.
(B) After June 30, 1996, these setback limits for new or expanded animal feeding operations which utilize a lagoon or a waste storage pond, or both, apply:
(1) For an animal feeding operation with a capacity of 160,000 to 480,000 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,000 feet. The minimum separation distance required between an agricultural facility and real property owned by another person is 500 feet.
(2) For an animal feeding operation with a capacity of 480,001 to 960,000 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,250 feet. The minimum separation distance required between an agricultural facility and real property owned by another person is 625 feet.
(3) For an animal feeding operation with a capacity of 960,001 to 1,440,000 pounds of normal production live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,500 feet. The minimum separation distance required between an agricultural facility and real property owned by another person is 750 feet.
(4) For animal feeding operations with a capacity of more than 1,440,001 pounds of normal production animal live weight at any one time, the minimum separation distance required between a lagoon and a waste storage pond and real property owned by another person is 1,750 feet. The minimum separation distance between an agricultural facility and real property owned by another person is 875 feet.
(5) The minimum separation distance between a lagoon and a waste storage pond and a public or private drinking water well is 500 feet.
(6) The minimum separation distance required between a lagoon and a waste storage pond and waters of the State is 1,320 feet (1/4 mile). If the waters of the State are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the minimum separation distance required between a lagoon and a waste storage pond and waters of the State is 2,640 feet (1/2 mile). A minimum 100-foot vegetative buffer of plants and trees is required. However, if an owner or operator of an animal feeding operation has a Natural Resource Conservation Service employee or a state-certified engineer create a waste management plan design to control the discharge from a failed lagoon so that it will not enter waters of the State and certify that the plan has been implemented as specified, then the minimum separation distance between a lagoon and a waste storage pond and waters of the State is 500 feet.
(7) The minimum separation distance between a lagoon and a waste storage pond constructed of concrete to standards outlined in department regulations and waters of the State is 500 feet. If the waters are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the minimum separation distance required between a lagoon and a waste storage pond constructed of concrete to standards outlined in department regulations and waters of the State is 1,000 feet. A minimum 100-foot vegetative buffer of plants and trees is required.
(8) If an animal feeding operation established as of July 1, 1996, wishes to expand and cannot feasibly do so under the requirements set forth in this section as determined by the department, the operation may be allowed to expand one time to 160,000 pounds of normal production animal live weight above its permitted number as of July 1, 1996, even if the operation cannot meet the requirements of this section.
(9) If a lagoon or waste storage pond, or both, breaches or fails in any way, the owner or operator of the animal feeding operation immediately must notify the department and the appropriate local government officials.
(C) The minimum separation distance in feet required between a ditch or swale which drains directly into waters of the State and all animal feeding operations is 100 feet.
(D) No new animal feeding operation or expansion of an established animal feeding operation may be located in the 100-year floodplain unless protected from flooding as provided for in regulations of the Federal Emergency Management Agency and the National Flood Insurance Program on Floodplain Management. Such construction or expansion must be certified by the department.
(E) Streams or rivers used as surface intake for potable water supply may not be used as a receiving stream outflow from animal feeding operations, and there may not be any direct water linkage or flood facility drainage linkage between the animal feeding operation and a stream or river utilized as a supply of drinking water unless waste is treated to state water quality standards.
(F) The setback limits are minimum siting requirements. The department shall promulgate regulations specifying factors that the department shall evaluate in determining whether additional separation distances are required under certain circumstances. These factors include, at a minimum:
(1) proximity to 100-year flood plain;
(2) soil type;
(3) location in watershed;
(4) nutrient sensitivity of receiving waters;
(5) proximity to a State Designated Focus Area; Outstanding Resource Water; Heritage Corridor; Historic Preservation District; state or national park or forest; state or federal research area; and privately-owned wildlife refuge, park, or trust property;
(6) proximity to other point and nonpoint sources; and
(7) slope of the land.
Section 48-57-530. A separation distance requirement as provided in Section 48-57-520(B)(1)-(4) does not apply to an animal feeding operation which is constructed or expanded, if the titleholder of adjoining land to the animal feeding operation executes a written waiver with the title holder of the land where the animal feeding operation is established or proposed to be located, under terms and conditions that the parties negotiate. The written waiver becomes effective only upon the recording of the waiver in the office of the Register of Mesne Conveyances of the county in which the benefitted land is located. The filed waiver precludes enforcement by the State of Section 48-57-520 (B)(1) - (4) as it relates to the animal feeding operation and to real property owned by another person.
Section 48-57-540. (A) The department shall promulgate regulations relating to land application rates for animal waste for animal feeding operations of a capacity for more than 160,000 pounds of normal production animal live weight at any one time. These rates must be based on the waste's impact on the environment, animals, and people living in the environment. In developing annual pollutant loading rates and cumulative pollutant loading rates, the department shall consider:
(1) soil type;
(2) type of vegetation growing in land-applied area;
(3) proximity to 100-year flood plain;
(4) location in watershed;
(5) nutrient sensitivity of receiving land and waters;
(6) soil and sediment tests of receiving land and waters;
(7) nutrient, heavy metal, and pollutant content of the waste being applied;
(8) proximity to a State Designated Focus Area; Outstanding Resource Water; Heritage Corridor; Historic Preservation District; state or national park or forest; state or federal research area; and privately owned wildlife refuge, park, or trust property;
(9) proximity to other point and nonpoint sources;
(10) slope of land;
(11) distance to water table or ground water aquifer;
(12) timing of waste application to coincide with vegetative cover growth cycle;
(13) timing of harvest of vegetative cover;
(14) hydraulic loading limitations; and
(15) soil assimilative capacity;
(16) type of vegetative cover and its nutrient uptake ability;
(17) method of land application.
(B) The department shall require calibration of spray irrigation equipment.
(C) Waste must not be applied to or discharged onto land surface when the vertical separation between the waste and the water table is less than 1 1/2 feet.
(D) The department shall ensure that owners or operators adhere to land application rates.
Section 48-57-550. The following application rates shall only apply to animal feeding operations with a capacity of more than 160,000 pounds of normal production animal live weight at any one time.
(A) The minimum separation distance in feet required between a waste utilization area and real property owned by another person on which a residence is located is 200 feet from property lines that are within 1,000 feet of the residence. The 200-foot setback is waived with the consent of the owner of the residence; however, the owner may not agree to less than 100 feet from the residence.
(B) The minimum separation distance in feet required between a waste utilization area and waters of the State, ditches, and swales that drain directly into waters of the State is 100 feet.
(C) The minimum separation distance in feet required between a waste utilization area and a public and private drinking water well is 200 feet.
Section 48-57-560. (A) The department shall promulgate regulations governing maximum lagoon size and minimum lagoon size, based on the permitted number of animal units to be maintained at the animal feeding operation. However, no single lagoon may exceed four acres.
(B) Lagoons and waste storage ponds for animal feeding operations with a capacity for more than 160,000 pounds of normal production animal live weight at any one time must be lined with a combination of natural and synthetic material which results in a permeability rating equal to or more protective than that required for human waste lagoons.
(C) The owner or operator of an animal feeding operation shall obtain certification from a licensed engineer or an appropriate Natural Resource Conservation Service employee that the operation's lagoon and waste storage pond were designed, constructed, and installed in accordance with regulatory specifications.
(D) Before the construction of a lagoon and a waste storage pond, the owner or operator shall remove all under-drains that exist from previous agricultural operations.
(E) Waste must not be placed directly in or allowed to come into contact with groundwater. Additionally, the minimum separation distance between the lowest point of the lagoon and a waste storage pond and the highest point of the water table beneath the lagoon is 2 feet, unless adequate provisions have been taken and meet the standards established in regulations promulgated by the department.
(F) The department shall conduct a study of alternative technologies for the treatment of animal waste from animal feeding operations and promulgate regulations governing the use of these alternative treatment technologies. Every five years the department shall review changing technologies relating to the treatment of animal waste and promulgate appropriate regulations as needed. The department shall determine which animal feeding operations are required to use aerobic lagoons or other treatment technology.
(G) The department shall consider the cumulative impacts including, but not limited to, impacts from evaporation, storm water, and other potential and actual point and nonpoint sources of pollution runoff, levels of nutrients or other elements in the soils and nearby waterways, ground water or aquifer contamination, pathogens or other elements, and the pollution assimilative capacity of the receiving water body before permitting new or expanded animal feeding operations. The department may require alternative waste treatment in watersheds which are nutrient-sensitive.
(H) Disposal of animal carcasses or body parts into waste lagoons is prohibited.
Section 48-57-570. (A) No person may cause, allow, or permit emission into the ambient air of any substance or combination of substances in quantities that an undesirable level of odor is determined to result unless preventive measures of the type set out below are taken to abate or control the emission to the satisfaction of the department. When an odor problem comes to the attention of the department through field surveillance or specific complaints, the department shall determine if the odor is at an undesirable level by considering the character and degree of injury or interference to:
(1) the health or welfare of the people;
(2) plant, animal, or marine life;
(3) property;
(4) enjoyment of life or use of affected property.
(B) The department may require these abatement or control practices:
(1) removal or disposal of odorous materials;
(2) methods in handling and storage of odorous materials that minimize emissions;
(3) prescribed standards in the maintenance of premises to reduce odorous emissions;
(4) best available control technology to reduce odorous emissions.
(C) After determining an undesirable level of odor exists, the department shall require remediation of the undesirable level of odor.
(D) Nothing in this section prohibits an individual or group of persons from bringing a complaint against an animal feeding operation.
Section 48-57-580. (A) The department, in consultation with the State Veterinarian, shall promulgate regulations relating to the control of vectors.
(B) All animal feeding operations shall utilize Best Management Practices as appropriate for the control of vectors and department regulations in order to maximize vector control.
Section 48-57-590. (A) The department shall act on all permits to prevent, so far as reasonably possible considering relevant standards under state and federal laws, an increase in pollution of the waters and air of the State from any new or enlarged sources.
(B) The department also shall act on all permits so as to prevent degradation of water quality due to the cumulative and secondary effects of permit decisions. Cumulative and secondary effects are impacts attributable to the collective effects of a number of animal feeding operations in a defined area and include the effects of additional projects similar to the requested permit in areas available for development in the vicinity. All permit decisions shall ensure that the waste treatment and utilization alternative with the least adverse impact on the environment be utilized. Cumulative and secondary effects shall include, but are not limited to, runoff from land application of animal waste and an animal feeding operation, evaporation and atmospheric deposition of elements, ground water or aquifer contamination, buildup of elements in the soil, and other potential and actual point and nonpoint sources of pollution in the vicinity.
(C) All owners or operators are subject to all enforcement procedures and remedies applicable under the Pollution Control Act unless specifically prescribed in this article. The department shall:
(1) grant a permit with conditions attached as the department believes necessary to achieve the purposes of this article;
(2) require that an applicant of an animal feeding operation with more than 160,000 pounds of normal production animal live weight at any one time satisfy to the department that the applicant or any parent, subsidiary, or other affiliate of the applicant or parent has substantially complied with effluent standards, limitations, or waste management treatment practices applicable to any activity for which the applicant has previously engaged and has been in substantial compliance with other federal and state laws, regulations, and rules for the protection of the environment. The department shall contact state and local regulating departments in the states where the applicant has previously been permitted to ensure information supplied by the applicant is accurate.
As used in this subsection, the words 'affiliate', 'parent', and 'subsidiary' have the same meaning as in 17 Code of Federal Regulations 240.12b-2 (1 April 1995 Edition).
Section 48-57-600. The department shall establish the amount of an application and annual operation fee in accordance with the Environmental Protection Fund Act, Section 48-2-10 of the 1976 Code, to cover, at a minimum, an annual inspection of all animal feeding operations in the State with a capacity for more than 160,000 pounds of normal production animal live weight at any one time. The annual inspection must include, but is not limited to, an on-site visit, review of the implementation of a waste management plan, review of results of monitoring analysis, annual pollutant loading rates, cumulative pollutant loading rates, and review of all records required by this article.
Section 48-57-610. (A) All animal feeding operations established after the effective date of this article which require the use of a lagoon and a waste storage pond and which have a capacity for more than 160,000 pounds of normal production animal live weight at any one time are required to install at least one up-gradient and two down-gradient monitoring wells at a depth which the department considers appropriate around the lagoon in order to monitor seepage of waste from the lagoon.
(B) Each monitoring well installed must be analyzed at least once annually. However, the department may conduct routine and random visits to the animal feeding operation to sample the monitoring wells.
(C) Records must be kept by the owner or operator of the animal feeding operation according to regulations promulgated by the department.
(D) If leakage is discovered beyond an acceptable level as determined by the department, the lagoon must be repaired at the owner or operator's expense.
Section 48-57-620. (A) No waste may be released from the premises of an animal feeding operation to waters of the State unless the owner or operator is properly permitted by the department and waste is treated to state water quality standards.
(B) Water that is completely surrounded by land owned by the applicant and has no connection to other water is excluded from the setback requirements outlined in this article.
Section 48-57-630. (A) Clemson University, in conjunction with the South Carolina Department of Agriculture and the department, shall create a training and certification program for owners or operators of animal feeding operations which shall include, but is not limited to, understanding relevant regulations, issues, standards, principles, and practices regarding siting and management of an animal feeding operation and land application of animal waste; testing for toxic metals, organic materials, and other elements; use of antibiotics; implementing emergency procedures; and spill prevention protocols including testing and inspection of dikes.
(B) An operator of an animal feeding operation and waste utilization area must be certified on the operation of animal waste management under the program created in subsection (A).
Section 48-57-640. (A) For an animal feeding operation which has the capacity of more than 160,000 pounds of normal production animal live weight at any one time and is seeking to construct or expand an established animal feeding operation, the department shall publish a notice of intent to construct or to expand an established animal feeding operation governed by this article in a local newspaper of general circulation, notify persons residing on adjoining property, and notify the relevant county commission and water supply district at the expense of the animal feeding operation applicant. Proof of notification of neighboring land owners and residents must be supplied by the applicant. This notice shall contain instructions for public review and comment to the department on the proposed construction and operation of the facility. The notice shall allow for a minimum thirty-day comment period.
(B) The department shall conduct a public hearing and shall provide notice of the public hearing in accordance with the notice requirements provided for in subsection (A) in any case in which the department receives at least twenty letters requesting a public hearing.
Section 48-57-650. (A) Permits for animal feeding operations covered under this article must be renewed every seven years. However, subsequent to the issuance of a permit, if the animal feeding operation is not in operation or production for two consecutive years, the permit is not valid and a new permit must be obtained.
(B) The department shall determine the appropriate fee for permit renewals.
Section 48-57-660. (A) The department shall promulgate regulations for this act by January 1, 1998, and submit a report on its progress by January 1, 1997, in consultation with representatives from: the South Carolina Poultry Federation, South Carolina Pork Producer's Association, South Carolina Dairyman's Association, South Carolina Cattlemen's Association, South Carolina Farm Bureau Federation, South Carolina Wildlife Federation, South Carolina Chapter of the Sierra Club, South Carolina Coastal Conservation League, League of Women Voters, Clemson University, South Carolina State University, Natural Resource Conservation Service, South Carolina Department of Agriculture, South Carolina Shrimpers' Association, South Carolina Department of Natural Resources, Land Resources Division, and the South Carolina Association of Conservation Districts. Each organization may appoint one member to consult with the department regarding this article, regulations promulgated pursuant to this article, and the article's implementation. The department shall consult with representatives in meetings which must be conducted by the department, upon the call of the director of the department or the director's designee or upon request to the department of any three members. Representatives from these organizations may not receive mileage, per diem, or subsistence.
(B) The department shall promulgate regulations for siting and managing animal feeding operations with a capacity of 160,000 pounds of normal production of animal live weight or less at any one time, including land application of waste. The regulations must be at a minimum as protective as the department's current guidelines.
(C) The department shall promulgate regulations for siting and managing animal feeding operations, including land application of animal waste, for the bovine, ovine, caprine, equine, and avian species. The regulations must be at a minimum as protective as the department's current guidelines.
Section 48-57-670. Any violation of the provisions of this article is punishable as under the Pollution Control Act."
SECTION ___. Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:
"Section 46-45-30. (A) No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of This section do does not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation."
SECTION ___. This act takes effect upon approval by the Governor, except that the provisions of Article 5 of Chapter 57 of Title 48 and the amendments to Section 46-45-30 take effect July 1, 1996. The audit privilege contained within this act does not apply to any administrative, civil, or criminal proceedings pending before the effective date of this act./.
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by recess, with Senator LEVENTIS retaining the floor.
At 1:25 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 3:00 P.M.
The Senate reassembled at 3:00 P.M. and was called to order by the PRESIDENT.
At 3:07 P.M., Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courson Fair Ford Giese Glover Gregory Hayes Holland Hutto Jackson Land Lander Leventis Martin Matthews McConnell Mescher Moore Passailaigue Patterson Peeler Rankin Rose Russell Ryberg Setzler Short Smith, G. Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senators McGILL, ELLIOTT, O'DELL, LEATHERMAN and REESE recorded their presence subsequent to the Call of the Senate.
May 15, 1996
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
Reappointment, Laurens County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable James A. Davis, Post Office Box 925, Laurens, S.C. 29360
Initial Appointment, Clarendon County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable William T. Geddings, Sr., Route 7, Box 12, Manning, S.C. 29102 VICE Edward M. Stuckey (resigned)
Initial Appointment, Lancaster County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Mr. William Van Hegler, 2501 Robert H. Kirk Road, Lancaster, S.C. 29720 VICE Lee R. Deese (resigned)
Received as information.
The following was received and referred to the appropriate committee for consideration:
Document No. 1911
Promulgated by Department of Labor, Licensing and Regulation Board of Pharmacy
99-43. Definitions
Received by Lt. Governor May 10, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date September 7, 1996
(Subject to Sine Die Revision)
Senator COURSON from the Committee on Invitations polled out S. 1417 favorable:
S. 1417 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE CAROLINA PLAZA AND AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 5, 1996, AND FRIDAY, DECEMBER 6, 1996, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODIES TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, AND TO PROVIDE FOR ASSISTANCE BY APPROPRIATE HOUSE AND SENATE STAFF.
Courson Peeler Wilson Matthews Patterson Russell O'Dell Passailaigue Rose McGill
Ordered for consideration tomorrow.
H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.
The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. P-10 (3624R014.PPL) proposed by Senator LEVENTIS.
Senator LEVENTIS argued in favor of the adoption of the amendment.
At 3:27 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was present.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator LEVENTIS moved that the amendment be adopted.
At 5:00 P.M., Senator ROSE requested a leave of absence for the balance of the day.
Senator LANDER argued contra to the adoption of the amendment.
At 5:10 P.M., Senator MARTIN assumed the Chair.
Senator LANDER continued arguing contra to the adoption of the amendment.
At 5:25 P.M., on motion of Senator LAND, with unanimous consent, with Senator LANDER retaining the floor, the Senate receded from business not to exceed ten minutes.
At 5:36 P.M., the Senate resumed.
At 5:36 P.M., the PRESIDENT assumed the Chair.
On motion of Senator WALDREP, at 5:36 P.M., Senator RICHTER was granted a leave of absence for the balance of the day.
Senator LANDER argued contra to the adoption of the amendment.
At 6:20 P.M., on motion of Senator MOORE, with unanimous consent, with Senator LANDER retaining the floor, the Senate receded from business not to exceed ten minutes.
At 6:34 P.M., the Senate resumed.
Senator LANDER continued arguing contra to the adoption of the amendment.
At 6:46 P.M., on motion of Senator PEELER, with unanimous consent, with Senator LANDER retaining the floor, the Senate receded from business not to exceed ten minutes.
At 6:56 P.M., the Senate resumed.
Senator LANDER continued arguing contra to the adoption of the amendment.
On motion of Senator PEELER, with unanimous consent, consideration of H. 3624 was interrupted.
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 PEELER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator LEVENTIS asked unanimous consent to make a motion to lay the amendment proposed by the Committee on Agriculture and Natural Resources on the table.
Senator BRYAN objected.
On motion of Senator LEVENTIS, with unanimous consent, the amendment (PFM\8093AC.96) proposed by the Committee on Agriculture and Natural Resources was laid on the table.
Senators PEELER, LEVENTIS, SHORT and LANDER proposed the following Amendment No. 1 (3446R011.HSP), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. (A) No application for a new or expanded swine feeding facility involving more than three thousand swine per square mile may be permitted prior to approval of DHEC regulations relating to the siting and management of swine feeding operations including waste management.
(B) The department shall promulgate regulations for siting and managing animal feeding operations. In the promulgation of regulations, DHEC will consider the following, including, but not limited to, waste management, lagoon construction, odor control, vector control, permit renewals, application and annual operation fees, monitoring wells, qualifications for operators of animal feeding operations, and public notice requirements for the porcine, bovine, ovine, caprine, equine, and avian species. The regulations must be at a minimum as protective as the department's current guidelines.
(C) All permits issued under (A) will be no less restrictive than current DHEC guidelines.
SECTION 2. This act takes effect upon approval by the Governor./.
Renumber sections to conform.
Amend title to conform.
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.
On motion of Senator LEVENTIS, with unanimous consent, H. 3446 was ordered to receive a third reading on Thursday, May 16, 1996.
H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.
The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. P-10 (3624R014.PPL) proposed by Senator LEVENTIS.
On motion of Senator LEVENTIS, with unanimous consent, Amendment No. P-10 was withdrawn from consideration.
The question then was the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Labor, Commerce and Industry Committee proposed the following amendment (3624R029.JVS), which was adopted, as perfected:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. This section may be cited as the "South Carolina Environmental Audit Privilege and Voluntary Disclosure Act of 1996".
SECTION 2. Title 48 of the 1976 Code is amended by adding:
Section 48-57-10. (A) The General Assembly finds that the protection of the environment rests principally on the public's voluntary compliance with environmental laws; that voluntary compliance is most effectively achieved through the implementation of regular self-evaluative activities such as audits of compliance status and management systems to assure compliance; and that it is in the public's interest to encourage these activities by assuring limited protection of audit findings and of fair treatment of those who report an environmental compliance violation or audit findings to regulatory authorities in accordance with Section 48-57-100. In order to encourage owners and operators of facilities and persons conducting other activities regulated under federal, state, regional, or local laws to conduct voluntary internal environmental audits of compliance programs or management systems and to assess and improve compliance with these laws, an environmental audit privilege is established and recognized to protect the confidentiality of communications relating to voluntary internal environmental audits and a limited protection from penalties is established for those who disclose an environmental compliance violation or audit findings to regulatory authorities.
(B) Notwithstanding any other provisions of law, nothing in this chapter shall be construed to protect individuals, entities, or facilities from a criminal investigation and/or prosecution carried out by any appropriate governmental entity.
(C) Notwithstanding any other provision of law, any privilege granted by this chapter shall apply only to those communications, oral or written, pertaining to and made in connection with the self-audit and shall not apply to the facts relating to the violation itself.
Section 48-57-20. As used in this chapter:
(1) 'Department' means the South Carolina Department of Health and Environmental Control.
(2) 'Environmental audit' means a voluntary, internal evaluation or review of one or more facilities or an activity at one or more facilities regulated under federal, state, regional, or local environmental law, or of compliance programs, or management systems related to the facility or activity if designed to identify and prevent noncompliance and to improve compliance with these laws. For the purposes of this act, an environmental audit does not include an environmental site assessment of a facility conducted solely in anticipation of the purchase, sale, or transfer of the business or facility. An environmental audit may be conducted by the owner or operator, the parent corporation of the owner or operator or by their officers or employees, or by independent contractors. An environmental audit must be a discrete activity with a specified beginning date and scheduled ending date reflecting the auditor's bona fide intended completion schedule.
(3) 'Environmental audit report' means a document marked or identified as such with a completion date existing either individually or as a compilation prepared in connection with an environmental audit. An environmental audit report may include, but is not limited to, field notes and records of observations, findings, opinions, suggestions, recommendations, conclusions, drafts, memoranda, drawings, photographs, computer-generated or electronically-recorded information, maps, charts, graphs, and surveys, provided the supporting information is collected or developed for the primary purpose and in the course of an environmental audit. An environmental audit report, when completed, may have these components:
(a) an audit report prepared by an auditor, which may include the scope and date of the audit and the information gained in the audit, together with exhibits and appendices and may include conclusions and recommendations;
(b) memoranda and documents analyzing the report and discussing implementation issues;
(c) an audit implementation plan that addresses correcting past noncompliance, improving current compliance, and preventing future noncompliance.
(4) 'Environmental laws' means all provisions of federal, state, regional, and local laws, regulations, and ordinances pertaining to environmental matters.
Section 48-57-30. (A) An environmental audit report or any part of an environmental audit report is privileged and, therefore, immune from discovery and is not admissible as evidence in a legal action, except as provided in Sections 48-57-40, 48-57-50, and 48-57-60. These documents are not entitled to the privilege:
(1) information obtained by observation by a regulatory agency;
(2) information obtained from a source independent of the environmental audit;
(3) information obtained pursuant to specific permit conditions that require monitoring or sampling records and reports or assessment plans and management plans required to be maintained or submitted to the department pursuant to an established schedule or pursuant to specific permit conditions, final departmental orders, or environmental laws that require notification of releases to the environment;
(4) documents prepared either prior to the beginning of the environmental audit or subsequent to the completion date of the audit report, and in all cases, any documents prepared independent of the audit or audit report;
(5) documents prepared as a result of multiple or continuous self auditing conducted in an effort to intentionally avoid liability for violations; or
(6) information which is knowingly misrepresented or misstated or which is knowingly deleted or withheld from an environmental audit report, whether or not included in a subsequent environmental audit report.
(B) If an environmental audit report or any part of an environmental audit report is subject to the privilege provided for in subsection (A), no person who conducted or participated in the audit or who significantly reviewed the audit report may be compelled to testify regarding the audit report or a privileged part of the audit report except as provided for in Sections 48-57-40, 48-57-50, and 48-57-60.
(C) Nothing contained in this chapter may restrict a party in a proceeding before the South Carolina Workers' Compensation Commission from obtaining or discovering any evidence necessary or appropriate for the proof of any issue pending in the case, regardless of whether evidence is privileged pursuant to this chapter. Further, nothing contained in this chapter may prevent the admissibility of evidence which is otherwise relevant and admissible in a proceeding before the South Carolina Workers' Compensation Commission, regardless of whether the evidence is privileged pursuant to this chapter. However, the commission, upon motion made by a party to the proceeding, may issue appropriate protective orders preventing disclosure of information outside of the workers' compensation proceeding.
(D) In a criminal proceeding, any information in the audit report not otherwise available shall be made available to circuit solicitors and the Attorney General upon request but shall not be disclosed to the department, third parties, or their attorneys if the privilege otherwise applies. This disclosure does not waive a party's right to assert the privilege under Section 48-57-60. The privilege shall continue to apply and is not waived in civil and administrative proceedings, and shall not be discoverable or admissible in civil or administrative proceedings even if disclosed during a criminal proceeding. If the circuit solicitor, the Attorney General, or any member of their offices divulges or disseminates all or any part of the information contained in the environmental audit report for which the privilege has not been revoked by a court, the disclosing party shall be subject to the remedies available to the aggrieved party under common law including, but not limited to, civil contempt.
Section 48-57-40. (A) The privilege provided for in Section 48-57-30 does not apply to the extent that it is expressly waived in writing by the owner or operator of a facility at which an environmental audit was conducted and who prepared or caused to be prepared the audit report as a result of the audit.
(B) The audit report and information generated by the audit may be disclosed without waiving the privilege in Section 48-57-30 to:
(1) a person employed by the owner or operator or the parent corporation of the audited facility;
(2) a legal representative of the owner or operator or parent corporation; or
(3) an independent contractor retained by the owner or operator or parent corporation to conduct an audit on or to address an issue or issues raised by the audit.
(C) Disclosure of an audit report or information generated by the audit under these circumstances does not waive the privilege in Section 48-57-30:
(1) disclosure made under the terms of a confidentiality agreement between the owner or operator of the facility audited and a potential purchaser of the business or facility audited;
(2) disclosure made under the terms of a confidentiality agreement between governmental officials and the owner or operator of the facility audited;
(3) disclosure made under the terms of a confidentiality agreement between a customer, lending institution, or insurance company with an existing or proposed relationship with the facility.
Section 48-57-45. In order to assert the privilege established in Section 48-57-30, the facility coordinating the environmental audit shall, within ten days of commencing the audit, notify the department that an audit is being conducted, and shall include in that notification the beginning date of the audit and the scheduled completion date.
Section 48-57-50. In an administrative proceeding before an Administrative Law Judge, the department may seek by motion a declaratory ruling on the issue of whether an environmental audit report is privileged. The Administrative Law Judge may revoke the privilege granted in Section 48-57-30 to an audit report if the factors set forth in this section apply. In a civil proceeding, the court, after an in-camera review, may revoke the privilege provided for in Section 48-57-30 if the court determines that disclosure of the environmental audit report was sought after the effective date of this chapter, and:
(1) the privilege is asserted for purposes of deception or evasion; or
(2) even if subject to the privilege provided for in Section 48-57-30:
(a) the material shows evidence of significant noncompliance with applicable environmental laws.
(b) the owner or operator of the facility has not promptly initiated and pursued with diligence appropriate action to achieve compliance with these environmental laws or has not made reasonable efforts to complete any necessary permit application; and
(c) as a result, the owner or operator of the facility did not or will not achieve compliance with applicable environmental laws or did not or will not complete the necessary permit application within a reasonable period of time.
Section 48-57-60. In a criminal proceeding the court, after an in camera review, may revoke the privilege provided for in Section 48-57-30 if the court determines that disclosure of the environmental audit report was sought after the effective date of this act, and:
(1) the privilege is asserted for purposes of deception or evasion; or
(2) even if subject to the privilege provided for in Section 48-57-30;
(a) the material shows evidence of wilful noncompliance with applicable environmental laws;
(b) the owner or operator of the facility has not promptly initiated and pursued with diligence appropriate action to achieve compliance with these environmental laws or has not made reasonable efforts to complete any necessary permit application; and
(c) as a result, the owner or operator of the facility did not or will not achieve compliance with applicable environmental laws or did not or will not complete the necessary permit application within a reasonable period of time.
Section 48-57-70. A party asserting the privilege provided for in Section 48-57-30 has the burden of proving that the materials claimed as privileged constitute an environmental audit report as defined by Section 48-57-20 and of proving diligence toward compliance. A party seeking disclosure under Section 48-57-50 has the burden of proving the condition for disclosure set forth in that section. A solicitor or the Attorney General seeking disclosure under Section 48-57-60 has the burden of proving the conditions for disclosure set forth in that section.
Section 48-57-80. The parties may at any time stipulate to entry of an order directing that specific information contained in an environmental audit report is or is not subject to the privilege. In the absence of an on-going proceeding, where the parties are not in agreement, the department may seek a declaratory ruling from the circuit court on the issue of whether the materials are privileged under Section 48-57-30 and whether the privilege, if existing, should be revoked pursuant to Section 48-57-50 or Section 48-57-60.
Section 48-57-90. Nothing in this chapter limits, waives, or abrogates the scope or nature of any statutory or common law privilege, including the work-product privilege or the attorney-client privilege.
Section 48-57-100. (A) If a person or entity makes a voluntary disclosure of an environmental compliance violation of the state's laws, or the federal, regional, or local counterpart or extension of these laws, there is a rebuttable presumption that the disclosure is voluntary, and the person or entity is immune from any administrative or civil penalties associated with the issues disclosed. Nothing in this section shall be construed to provide immunity from criminal penalties.
(B) For purposes of this section, disclosure is voluntary if:
(1) the disclosure is made within fourteen days following a reasonable investigation;
(2) the disclosure is made to an agency having regulatory authority with regard to the violation disclosed;
(3) the person or entity making the disclosure initiates an action to resolve the violation identified in the disclosure in a diligent manner;
(4) the person or entity making the disclosure cooperates with the appropriate agency in connection with investigation of the issues identified in the disclosure; and
(5) the person or entity making the disclosure diligently pursues compliance.
(C) A disclosure is not voluntary for purposes of this section if:
(1) specific permit conditions require monitoring or sampling records and reports or assessment plans and management plans to be maintained or submitted to the department pursuant to an established schedule;
(2) specific permit conditions, final departmental orders, or environmental laws require notification of releases to the environment;
(3) the violation was committed intentionally and wilfully by the person or entity making the disclosure;
(4) the violation was not corrected in a diligent manner;
(5) significant environmental harm or a public health threat was caused by the violation; or
(6) the violation occurred within one year of a similar prior violation at the same facility and immunity from civil and administrative penalties was granted by the department for the prior violation.
(D) To rebut the presumption that a disclosure is voluntary, the governmental entity shall show to the satisfaction of the court or the Administrative Law Judge presiding over the enforcement action that the disclosure was not voluntary, based upon the factors set forth in this section. No state or local governmental agency may include an administrative or civil penalty or fine for acts in a notice of violation or in a cease and desist order based upon an environmental compliance violation immune from penalties under this section, absent a finding by the court that the state or local governmental agency has rebutted the presumption of voluntariness of the disclosure.
(E) A voluntary disclosure made pursuant to this section is subject to disclosure by the agency pursuant to the South Carolina Freedom of Information Act.
(F) Final waiver of penalties and fines is not granted until full compliance has been certified by the department as occurring in a reasonable time. If full compliance is not certified by the department, the department shall retain discretion to assess penalties based on the department's Uniform Enforcement Policy.
Section 48-57-110. No state or local governmental rule, regulation, guidance, policy, or permit condition may circumvent or limit the privileges established by this chapter or the exercise of the privileges or the presumption and immunity established by this chapter."
SECTION 3. This act takes effect upon approval by the Governor. The audit report privilege contained within this chapter does not apply to any administrative, civil, or criminal proceedings pending or any violations which were known or discovered by the owner or operator before the effective date of this act./
Renumber sections to conform.
Amend title to conform.
The question then was the third reading of the Bill.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senators PASSAILAIGUE, COURSON and CORK desired to be recorded as voting against the third reading of the Bill.
I wish to be recorded as voting "no" on the bill because it is not perfected. There is still insufficient reason demonstrated by proponents that there is any need to do this. DHEC has been made a second class citizen in the regulation of industry regarding protecting the environment.
H. 4444 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PRE-PAID LEGAL INSURANCE.
On motion of Senator COURSON, with unanimous consent, the Minority Report was withdrawn from the Bill.
Having received a favorable report from the Charleston County Delegation, the following appointment was confirmed in open session:
Reappointment, Charleston County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable James A. Turner, 13 Sheridan Road, Charleston, S.C. 29407
Having received a favorable report from the Horry County Delegation, the following appointment was confirmed in open session:
Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:
Mr. Matthew S. Rhue, 1207 Granger Road, Conway, S.C. 29527
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 April 30, 1994, and to expire April 30, 1998:
Honorable William T. Geddings, Sr., Route 7, Box 12, Manning, S.C. 29102 VICE Edward M. Stuckey (resigned)
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:
Mr. William Van Hegler, 2501 Robert H. Kirk Road, Lancaster, S.C. 29720 VICE Lee R. Deese (resigned)
Having received a favorable report from the Laurens County Delegation, the following appointment was confirmed in open session:
Reappointment, Laurens County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable James A. Davis, Post Office Box 925, Laurens, S.C. 29360
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. James Lee Jefferson, Jr. of Charleston, S.C.
At 7:09 P.M., on motion of Senator BRYAN, the Senate adjourned to meet tomorrow at 11:00 A.M.
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