Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index
| Printed Page 3690, June 13 | Printed Page 3710, June 13 |
Printed Page 3700 . . . . . Thursday, June 13, 1996
(R506) H. 3201 -- Rep. Simrill: AN ACT TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO REVISE THE AREAS IN WHICH A PERSON MAY SMOKE IN PUBLIC SCHOOLS AND PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE; BY ADDING SECTIONS 16-17-501, 16-17-502, 16-17-503, AND 16-17-504 SO AS TO PROVIDE DEFINITIONS RELATING TO THE DISTRIBUTION OF TOBACCO PRODUCTS, TO MAKE IT UNLAWFUL TO DISTRIBUTE A TOBACCO SAMPLE TO A MINOR, TO PROVIDE A PROCEDURE TO ENFORCE THE PROVISION MAKING IT ILLEGAL TO DISTRIBUTE A TOBACCO PRODUCT SAMPLE TO A MINOR, TO AMEND SECTION 16-17-500, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO REVISE THE PENALTIES.

(R507) H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: AN ACT 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 UNLESS PROHIBITED BY COURT ORDER.

(R508) H. 3273 -- Rep. Townsend: AN ACT TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO REVISE THE BIENNIAL FEE FOR THE LICENSE PLATE AND TO PROVIDE THAT THE PLATE MUST BE PERMANENT; BY ADDING SECTION 56-3-7610 SO AS TO PROVIDE SQUARE DANCE

Printed Page 3701 . . . . . Thursday, June 13, 1996
COMMEMORATIVE LICENSE PLATES; TO AMEND SECTION 56-3-1820, AS AMENDED, RELATING TO NATIONAL GUARD LICENSE PLATES, SO AS TO REVISE THE BIENNIAL FEE; AND BY ADDING SECTION 56-3-7100 SO AS TO PROVIDE FOR SHRINERS LICENSE PLATES.

(R509) H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland, J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson, Herdklotz, Davenport, Mason, Thomas and Byrd: AN ACT TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT OR DIVIDED CUSTODY TO PROVIDE THAT THE COURT MAY NOT PROHIBIT A CUSTODIAL PARENT FROM MOVING HIS RESIDENCE TO A LOCATION WITHIN THE STATE UNLESS THE COURT FINDS A COMPELLING REASON OR UNLESS THE PARTIES AGREE.

(R510) H. 3314 -- Rep. Rogers: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-75 SO AS TO PROHIBIT A MEMBER OF A COUNTY OR MUNICIPAL ELECTION COMMISSION, VOTER, REGISTRATION BOARD, OR COMBINED ELECTION AND VOTER REGISTRATION COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION OR BOARD FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION; AND TO AMEND SECTION 7-3-10, AS AMENDED, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT A MEMBER OF THE COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION.

Printed Page 3702 . . . . . Thursday, June 13, 1996
(R511) H. 3838 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES", SO AS TO REVISE THE DEFINITION; TO AMEND SECTION 42-1-160, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY", SO AS TO REVISE THE DEFINITIONS; TO AMEND SECTIONS 42-1-310 AND 42-1-320, RELATING TO THE APPLICATION AND EFFECT OF WORKERS' COMPENSATION PROVISIONS, SO AS TO PROVIDE THAT AN EMPLOYER OR EMPLOYEE MAY NOT ELECT TO NOT BE BOUND BY CERTAIN WORKERS' COMPENSATION PROVISIONS AND THAT THE STATE, ITS POLITICAL SUBDIVISIONS, ITS EMPLOYEES AND THE EMPLOYEES OF ITS SUBDIVISIONS ARE SUBJECT TO THE WORKERS' COMPENSATION PROVISIONS; TO AMEND SECTION 42-1-460, RELATING TO CONTRACTS SUBJECT TO THE WORKERS' COMPENSATION PROVISIONS, SO AS TO REVISE THE CONDITIONS UPON WHICH A CONTRACT IS SUBJECT TO THESE PROVISIONS; TO AMEND SECTION 42-9-260, AS AMENDED, RELATING TO THE NOTICE AN EMPLOYER MUST PROVIDE THE WORKERS' COMPENSATION COMMISSION WHEN CERTAIN PAYMENTS HAVE BEGUN AND THE SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE FOR THE CONDITIONS UPON WHICH TEMPORARY DISABILITY PAYMENTS MAY BE GRANTED; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF COMPENSATION, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT UNDER CERTAIN CIRCUMSTANCES, PROVIDE PENALTIES FOR PERSONS RECEIVING CERTAIN ILLEGAL PAYMENTS AND THE PROCEDURE IN WHICH A HEALTH CARE PROVIDER MUST BE PAID; TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO REVISE THE RECORDKEEPING PROCEDURE; BY ADDING SECTION 38-73-515 SO AS TO PROVIDE THAT AN INSURER ISSUING WORKERS' COMPENSATION INSURANCE SHALL OFFER DEDUCTIBLES OPTIONAL TO THE POLICYHOLDER FOR CERTAIN BENEFITS PAYABLE; TO REPEAL SECTIONS 42-1-330, 42-1-340, 42-1-510, AND 42-1-530, RELATING TO THE WAIVER OF CERTAIN EXEMPTIONS, THE EFFECTIVE DATE OF AND MANNER OF GIVING NOTICE OF
Printed Page 3703 . . . . . Thursday, June 13, 1996
NONACCEPTANCE OR WAIVER DEFENSES THAT ARE NOT AVAILABLE TO AN EMPLOYER UNDER THE WORKERS' COMPENSATION PROVISIONS, AND DEFENSES THAT ARE NOT AVAILABLE TO AN EMPLOYER WHEN NEITHER HE NOR AN EMPLOYEE IS COVERED BY THE WORKERS' COMPENSATION PROVISIONS; AND TO AMEND SECTION 42-1-520, RELATING TO DEFENSES AVAILABLE TO AN EMPLOYER OPERATING UNDER THE WORKERS' COMPENSATION PROVISIONS WHEN AN EMPLOYEE IS NOT OPERATING UNDER THESE PROVISIONS, SO AS TO SUBSTITUTE "OFFICER OF A CORPORATION" FOR "EMPLOYEE".

(R512) H. 4012 -- Reps. Townsend, Trotter and Stille: AN ACT 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 56-5-765, AS AMENDED, RELATING TO THE INVESTIGATION OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OF A LAW ENFORCEMENT AGENCY OR THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REVISE THE TYPE OF COLLISIONS THAT MAY BE INVESTIGATED AND TO PROVIDE PENALTIES; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO REVISE 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; TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO REVISE THE EXEMPTION OF TRANSPORTATION OF CERTAIN ITEMS FROM COMMISSION REGULATION; BY ADDING SECTION 56-3-7860 SO AS TO PROVIDE FOR SHRINERS LICENSE PLATES; TO REQUIRE THE

Printed Page 3704 . . . . . Thursday, June 13, 1996
DEPARTMENT OF TRANSPORTATION TO STUDY TOLLS ON FEDERAL HIGHWAYS; AND TO AMEND SECTION 56-3-1820, AS AMENDED, RELATING TO NATIONAL GUARD LICENSE PLATES, SO AS TO REVISE THE BIENNIAL FEE.

(R513) H. 4277 -- Reps. Walker, Baxley and Fleming: AN ACT 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, ALL 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; 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; TO ADD SECTION 58-9-2550 SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO ESTABLISH A DISTRIBUTION SYSTEM FOR TELECOMMUNICATIONS DEVICES FOR THE DEAF; TO AMEND SECTION 58-9-2510, RELATING TO DEFINITIONS REGARDING TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS, SO AS TO ADD A DEFINITION FOR "DUAL SENSORY IMPAIRED PERSON" AND REVISE THE DEFINITION OF "TELECOMMUNICATIONS DEVICE"; TO AMEND SECTION 58-9-2520, RELATING TO STATEWIDE TELEPHONE ACCESS PROGRAMS FOR PERSONS SPEECH OR HEARING IMPAIRED, SO AS TO REVISE THE CONTENTS OF THE PROGRAM; TO AMEND

Printed Page 3705 . . . . . Thursday, June 13, 1996
SECTION 58-9-2530, RELATING TO CHANGES FOR A DUAL PARTY RELAY TELEPHONE SYSTEM, SO AS TO INCLUDE IN THIS FUNDING THE DISTRIBUTION SYSTEM FOR TELECOMMUNICATIONS DEVICES FOR THE DEAF; AND TO REAUTHORIZE THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION UNTIL JULY 1, 2003.

(R514) H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: AN ACT TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES, ON PRIVATE LAND, BETWEEN OCTOBER 11 AND JANUARY 1, MUST NOT ESTABLISH MORE THAN TWO CONSECUTIVE DAYS WHERE DEER MAY NOT BE HUNTED OR TAKEN WITH MODERN FIREARMS.

(R515) H. 4344 -- Reps. Jennings, Inabinett, Allison, Haskins, Harrison, Vaughn, Simrill, Herdklotz, Delleney, Kirsh, Richardson and McElveen: AN ACT 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; AND TO AMEND SECTION 20-7-1335, RELATING TO DESTRUCTION OF RECORDS, SO AS TO CHANGE THE TERM "JUVENILE" TO "CHILD".

(R516) H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: AN ACT TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD PUPILS WITH AUTISM UNDER THE HANDICAPPED CLASSIFICATION; TO AMEND SECTION 59-21-510, RELATING TO DEFINITIONS IN REGARD TO THE EDUCATION OF PHYSICALLY AND MENTALLY HANDICAPPED CHILDREN, SO AS TO DEFINE "PUPILS WITH AUTISM"; TO PROVIDE THAT THE DEPARTMENT OF

Printed Page 3706 . . . . . Thursday, June 13, 1996
EDUCATION SHALL CONVENE A TASK FORCE TO REVIEW PROGRAMS TO SERVE STUDENTS WITH AUTISM AND TO RECOMMEND AN APPROPRIATE WEIGHT FOR THE EDUCATION FINANCE ACT; AND TO ADD SECTION 59-65-47 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH PARENTS OR GUARDIANS MAY TEACH THEIR CHILDREN AT HOME.

(R517) H. 4443 -- Reps. Wright, Richardson, Cooper, Townsend, Allison, Littlejohn, Kelley and Jaskwhich: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 40 SO AS TO ENACT THE "SOUTH CAROLINA CHARTER SCHOOLS ACT OF 1996" WHICH PROVIDES FOR THE MANNER IN WHICH A CHARTER SCHOOL SHALL BE FORMED, FUNDED, REGULATED, AND GOVERNED.

(R518) H. 4469 -- Reps. Wilkins, Sharpe, Haskins, Cato, D. Smith, Townsend, J. Brown and Harrison: AN ACT 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, SO AS TO PROVIDE FOR VERBAL INSTRUCTIONS TO THE JURY CONCERNING DISCUSSION OF THE VERDICT IN ALL CASES IN WHICH A DEFENDANT IS SENTENCED TO DEATH; TO AMEND SECTION 17-25-380, RELATING TO NOTICES OF THE INTENT TO EXECUTE A DEATH SENTENCE, SO AS TO FURTHER PROVIDE FOR THESE NOTICE REQUIREMENTS; TO ADD SECTION 17-27-130 SO AS TO PROVIDE FOR CIRCUMSTANCES WHEN THE ATTORNEY-CLIENT PRIVILEGE IS DEEMED WAIVED IN POST-CONVICTION PROCEEDINGS OR COLLATERAL RELIEF PROCEDURES, AND TO PROVIDE FOR CERTAIN ACCESS OF NEW COUNSEL TO THE FILES OF PRIOR COUNSEL IN CASES OF DEFENDANTS SENTENCED TO DEATH; TO ADD SECTION 17-27-150 SO AS TO PROVIDE THE CONDITIONS UNDER WHICH A PARTY IN CAPITAL AND NONCAPITAL POST-CONVICTION RELIEF PROCEEDINGS IS ENTITLED TO INVOKE THE PROCESS OF DISCOVERY; AND TO ADD SECTION 17-27-160 SO AS TO PROVIDE FOR THE MANNER IN WHICH DEFENDANTS SENTENCED TO DEATH MUST FILE APPLICATIONS FOR POST-CONVICTION RELIEF, TO PROVIDE FOR THE ASSIGNMENT OF JUDGES TO HANDLE THESE APPLICATIONS, TO FURTHER

Printed Page 3707 . . . . . Thursday, June 13, 1996
PROVIDE FOR THE APPOINTMENT AND COMPENSATION OF COUNSEL IN THESE PROCEEDINGS, AND TO PROVIDE FOR OTHER PROCEDURAL MATTERS INCLUDING THE CERTAIN TIME LIMITATIONS IN THESE CAPITAL POST-CONVICTION RELIEF PROCEEDINGS.

(R519) H. 4557 -- Rep. Kirsh: AN ACT TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.

(R520) H. 4600 -- Ways and Means Committee: AN ACT GENERAL APPROPRIATION BILL--(ABBREVIATED TITLE)

(R521) H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.

(R522) H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: AN ACT TO ENACT THE "CHILD PROTECTION REFORM ACT OF 1996" BY AMENDING SECTION 20-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL REPRESENTATION IN ABUSE AND NEGLECT PROCEEDINGS, SO AS TO CLARIFY A REFERENCE TO THE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SUBARTICLE 1, ARTICLE 7, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO GENERAL PROVISIONS CONCERNING ABUSE AND NEGLECT, SO AS TO SET FORTH GUIDING PRINCIPLES AND POLICIES CONCERNING STATE INTERVENTION IN FAMILY LIFE AND CHILD WELFARE AND TO REVISE DEFINITIONS; TO AMEND SUBARTICLE 3, ARTICLE 7, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO THE IDENTIFICATION AND REPORTING OF CHILD ABUSE, SO AS TO

Printed Page 3708 . . . . . Thursday, June 13, 1996
EXPAND PERSONS REQUIRED TO REPORT, TO EXPAND MEDICAL EXAMINATIONS AND TESTS AUTHORIZED TO PROVIDE IMMUNITY TO EMPLOYEES OF THE DEPARTMENT OF SOCIAL SERVICES IN PERFORMING CHILD PROTECTIVE SERVICES IN GOOD FAITH; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY, SO AS TO REVISE THESE PROCEDURES AND TO INCLUDE EMERGENCY PHYSICAL CUSTODY; TO ADD SECTION 20-7-612 SO AS TO ESTABLISH PROCEDURES FOR LAW ENFORCEMENT TO ASSIST THE DEPARTMENT IN TAKING A CHILD INTO EMERGENCY CUSTODY; TO ADD SECTION 20-7-616 SO AS TO REQUIRE AN AGENCY HAVING SEX OFFENDER REGISTRIES TO RELEASE INFORMATION TO THE DEPARTMENT WHEN AN ALLEGEDLY ABUSED CHILD IS RESIDING IN AN OFFENDER'S HOME; TO ADD SECTION 20-7-618 SO AS TO AUTHORIZE A PHYSICIAN OR HOSPITAL TO DETAIN A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SUBARTICLE 7, ARTICLE 7, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO INTERVENTION BY CHILD WELFARE AGENCIES, SO AS TO AUTHORIZE DEVELOPMENT OF TEMPORARY CRISIS PLACEMENT HOMES, TO AUTHORIZE THE DEPARTMENT TO CONTRACT FOR THE DELIVERY OF PROTECTIVE SERVICES, TO REVISE INTERVENTION, INVESTIGATION, REPORTING, AND RECORDKEEPING AND RELEASING PROCEDURES; TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO REMOVAL PROCEEDINGS AND PROCEDURES, SO AS TO REVISE AND CLARIFY THESE PROCEEDINGS AND PROCEDURES AND TO ESTABLISH A PRESUMPTION THAT A NEWBORN IS ABUSED IF CERTAIN EVIDENCE OF SUBSTANCE ABUSE IS PRESENT; TO AMEND SECTION 20-7-738, AS AMENDED, RELATING TO PROCEDURES TO PROVIDE SERVICES IN NONREMOVAL CASES, SO AS TO REVISE THESE PROCEDURES; TO AMEND SECTION 20-7-762, AS AMENDED, RELATING TO COURT APPROVAL AND REVIEW OF TREATMENT PLANS, SO AS TO REQUIRE THE INCLUSION OF TREATMENT GOALS; TO AMEND SECTION 20-7-764, AS AMENDED, RELATING TO COURT APPROVAL OF PLACEMENT PLAN FOLLOWING REMOVAL, SO AS TO REVISE CONTENTS OF THE PLAN AND TO PROVIDE FOR AMENDMENT OF OBJECTIONS TO THE PLAN; TO ADD SECTION 20-7-765 SO AS TO SPECIFY TREATMENT PLAN CONDITIONS WHEN SUBSTANCE ABUSE IS INCLUDED IN GROUNDS FOR REMOVAL;
Printed Page 3709 . . . . . Thursday, June 13, 1996
TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO COURT REVIEW OF CHILDREN REMOVED FROM THEIR HOMES, SO AS TO REQUIRE THE COURT TO REVIEW THE PERMANENCY PLAN AND TO REVISE THE STANDARDS AND CONTENT OF THE REVIEW; TO AMEND SUBARTICLE 3, ARTICLE 11, CHAPTER 7, TITLE 20, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO REVISE WHO IS ENTITLED TO LEGAL REPRESENTATION AND TO CLARIFY THE DISPOSITIONAL POWERS OF THE COURT; TO ADD SECTION 20-7-2377 SO AS TO AUTHORIZE THE FOSTER CARE REVIEW BOARD TO PARTICIPATE IN JUDICIAL REVIEWS OF ABUSED AND NEGLECTED CHILDREN; TO AMEND SECTION 20-7-2379, AS AMENDED, RELATING TO THE FOSTER CARE REVIEW BOARD, SO AS TO DELETE OBSOLETE PROVISIONS AND INCLUDE THAT REGULATIONS SHALL INCLUDE PARTICIPATION IN JUDICIAL REVIEWS; TO AMEND SECTION 20-7-50, AS AMENDED, RELATING TO UNLAWFUL NEGLECT, SO AS TO REVISE THE STANDARD FOR UNLAWFUL NEGLECT; TO AMEND SECTION 20-7-70, RELATING TO CRUELTY TO CHILDREN, SO AS TO INCREASE THE PENALTY FROM ONE HUNDRED TO TWO HUNDRED DOLLARS AND TO DELETE OBSOLETE REFERENCES; TO ADD SECTION 20-7-95 SO AS TO ESTABLISH CRIMINAL IMMUNITY FOR PARENTS OF INCORRIGIBLE SEVENTEEN-YEAR-OLDS; TO AMEND SUBARTICLE 4, AS AMENDED, ARTICLE 3, CHAPTER 7, TITLE 20, RELATING TO THE GUARDIAN AD LITEM PROGRAM, SO AS TO ESTABLISH CRITERIA FOR THE DISCLOSURE OF INFORMATION AND TO REVISE INTERNAL REFERENCES; AND TO REPEAL SECTION 20-7-60, RELATING TO ILL-TREATING CHILDREN; TO REPEAL SECTION 20-7-80, RELATING TO ABANDONMENT OF CHILDREN; AND TO REPEAL SECTION 20-7-128, RELATING TO THE GUARDIAN AD LITEM PROGRAM ADVISORY BOARD.

(R523) H. 4627 -- Reps. Cato, J. Brown, H. Brown, Boan, Vaughn, Wright, Tripp and Lanford: AN ACT 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, PUBLIC ACCOUNTANTS, AND ACCOUNTING PRACTITIONERS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE LICENSURE AND REGULATION OF

Printed Page 3710 . . . . . Thursday, June 13, 1996
CERTIFIED PUBLIC ACCOUNTANTS, PUBLIC ACCOUNTANTS, AND ACCOUNTING PRACTITIONERS 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.

| Printed Page 3690, June 13 | Printed Page 3710, June 13 |
Page Finder Index

This web page was last updated on Monday, June 29, 2009 at 1:59 P.M.