Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a word about the oracle that the prophet Habakkuk saw Chapter 2 (vv.1-2):
"I will stand at my watchpost, and
station myself on the rampart...
Then the Lord said 'Write the vision,
make it plain on tablets, so that a runner
may read it.'"
Let us pray.
Lord, we need a vision. Our people need a vision!
With all our technologies, Lord, we have a feeling that we are sinking.
Sustain the victims of man's inhumanity to man, and strengthen the hands and provide the resources for those who wish with all their hearts to be helpful.
Frustrate, O Lord, the ways of the peace-breakers, and prosper the efforts of the peace-makers that Your children, everywhere, may dwell together in safety, and in the unity of Your Spirit, and in the bonds of brotherhood, brothers and sisters all.
Give us a vision, Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
August 28, 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
Interim Appointment, Greenville County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable Harry H. Nelson, 414 Willow Springs Drive, Greenville, S.C. 29607 VICE Samuel Hunter Howard, Sr. (resigned)
S. 409 -- Senators Drummond, Bryan, Ford, Hayes, Holland, Hutto, Jackson, Land, Lander, Leventis, Martin, Matthews, McGill, O'Dell, Patterson, Rankin, Reese, Short, Waldrep, Williams, Peeler and Moore: A BILL TO AMEND SECTION 4-9-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENACTMENT OF GENERAL LAWS AFFECTING COUNTIES' EXPENDITURES AND REVENUE RAISING, SO AS TO DELETE PROVISIONS IN THE GENERAL AND SPECIAL APPROPRIATION BILLS AS EXEMPTIONS; TO DESIGNATE SECTIONS 4-10-10 THROUGH 4-10-100 AS ARTICLE 1, ENTITLED "LOCAL OPTION SALES TAX"; TO AMEND SECTION 4-10-10, 1976 CODE, SO AS TO DEFINE "POSITIVE MAJORITY"; TO ADD SECTION 4-10-16, SO AS TO PROVIDE THAT A COUNTY MAY NOT BE SUBJECT TO MORE THAN ONE PERCENT LOCAL OPTION SALES TAX AT THE SAME TIME; TO ADD SECTION 4-10-21 TO PROVIDE FOR LOCAL OPTION SALES TAX BY ORDINANCE OF ONE PERCENT ENACTED BY A POSITIVE MAJORITY; TO AMEND SECTION 4-10-25, RELATING TO APPLICATION OF TAX TO CONSTRUCTION CONTRACTS, SO AS TO PROVIDE THAT THESE PROVISIONS APPLY TO SECTION 4-10-21; TO AMEND CHAPTER 10, TITLE 4, BY ADDING ARTICLE 3, ENTITLED "CAPITAL PROJECT SALES TAX ACT" SO AS TO ALLOW FOR A ONE PERCENT LOCAL SALES TAX TO FUND CAPITAL PROJECTS BY REFERENDUM; ALLOW A COUNTY TO CREATE A COMMISSION TO CONSIDER PROPOSALS FOR FUNDING CAPITAL PROJECTS WITHIN THE COUNTY AREA; TO PROVIDE FOR THE COMPOSITION OF THE COMMISSION; AND TO AMEND TITLE 6, CHAPTER 1, RELATING TO LOCAL GOVERNMENTS, BY DESIGNATING SECTIONS 6-1-10 THROUGH 6-1-110 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS"; TO ADD SECTION 6-1-85 TO REQUIRE THE BUDGET AND CONTROL BOARD, DIVISION OF BUDGET AND ANALYSES TO MONITOR AND REVIEW THE RELATIVE PROPERTY TAX BURDEN ON EACH CLASS OF TAXABLE PROPERTY AND DEVELOP MODELS TO ESTIMATE THE SHIFT IN PROPERTY TAX BURDENS AMONG THE CLASSES; TO ADD ARTICLE 3, ENTITLED "AUTHORITY OF LOCAL GOVERNMENTS TO ASSESS TAXES AND FEES," SO AS TO PROVIDE THAT A LOCAL GOVERNING BODY MAY NOT IMPOSE A NEW TAX AFTER DECEMBER 31, 1996, UNLESS SPECIFICALLY AUTHORIZED BY THE GENERAL ASSEMBLY; TO PROVIDE THAT A POSITIVE MAJORITY WOULD BE REQUIRED TO IMPOSE OR INCREASE A BUSINESS LICENSE TAX; TO PROVIDE THAT MILLAGE RATES MAY ONLY BE INCREASED ABOVE THE CONSUMER PRICE INDEX BY A POSITIVE MAJORITY VOTE AND TO LIST EXCEPTIONS; TO PROVIDE THAT FEES MUST BE ENACTED BY A POSITIVE MAJORITY AND THAT REVENUE FROM FEES MUST BE KEPT SEPARATE FROM THE GENERAL FUND UNLESS IT IS LESS THAN FIVE PERCENT OF THE TOTAL BUDGET; TO PROVIDE FOR UTILITY FEES; TO ADD ARTICLE 5, ENTITLED "LOCAL ACCOMMODATIONS TAX", TO ALLOW FOR A FOUR PERCENT LOCAL ACCOMMODATIONS TAX, AND TO SPECIFY HOW THE REVENUE MUST BE HELD AND USED; TO ADD ARTICLE 7, ENTITLED "LOCAL HOSPITALITY TAX" SO AS TO ALLOW FOR A TWO PERCENT HOSPITALITY TAX AND TO SPECIFY HOW THE REVENUE MUST BE HELD AND USED; AND TO AMEND CHAPTER 11, TITLE 6, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING ARTICLE 15, SO AS TO PROVIDE FOR DISSOLUTION OF SPECIAL PURPOSE DISTRICTS BY PETITION AND REFERENDUM.
On motion of Senator SALEEBY, with unanimous consent, Senator SALEEBY's name was added as a co-sponsor to S. 409.
Senator COURSON introduced Dr. John L. Eady of Columbia, S.C., Doctor of the Day.
The following were introduced:
S. 542 -- Senators Fair and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-45 SO AS TO ESTABLISH A PROCEDURE FOR THE STATE BOARD OF EDUCATION TO ADD TEXTBOOKS TO THE LIST OF TEXTBOOKS APPROVED FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE UPON REQUEST OF A SPECIFIED NUMBER OF SCHOOL SUPERINTENDENTS.
Read the first time and referred to the Committee on Education.
S. 543 -- Senator McConnell: A BILL TO AMEND SECTION 12-37-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD TAX EXEMPTION, SO AS TO PROVIDE FOR TRANSFER OF THE HOMESTEAD TAX EXEMPTION UPON DISPOSAL OF A DWELLING PLACE AND ACQUISITION OF A NEW DWELLING PLACE BY A TAXPAYER.
Read the first time and referred to the Committee on Finance.
S. 544 -- Senator Wilson: A BILL TO AMEND SECTION 12-43-220(c)(1), AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FOUR PERCENT ASSESSMENT RATIO FOR PROPERTY TAXATION OF LEGAL RESIDENCES, SO AS TO INCLUDE ADDITIONAL DWELLINGS OCCUPIED BY IMMEDIATE FAMILY MEMBERS.
Read the first time and referred to the Committee on Finance.
S. 545 -- Senator J. Verne Smith: A SENATE RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE AT THE DEATH OF DR. LEWIS MARION DAVIS, ONE OF GREENVILLE COUNTY'S ABLEST AND MOST DISTINGUISHED LEADERS, AND EXTENDING DEEPEST SYMPATHY TO HIS WONDERFUL FAMILY AND MANY FRIENDS.
The Senate Resolution was adopted.
S. 546 -- Senator Courson: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ELIMINATE THE FEDERAL GASOLINE TAX OVER THE NEXT TWO YEARS IN ORDER TO PROMOTE EFFICIENCY OF HIGHWAY FUNDS AND TO ELIMINATE WASTE AND DUPLICATION SINCE THE NATIONAL HIGHWAY SYSTEM IS COMPLETE AND TO PROVIDE THAT THIS RESOLUTION BE KNOWN AS THE RESOLUTION ON FEDERAL GASOLINE TAX.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3108 -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-85 SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR LICENSURE AS A BAIL BONDSMAN, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3121 -- Reps. Kelley and Bauer: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 51 SO AS TO PROVIDE FOR THE ISSUANCE OF "SOUTH CAROLINA: FIRST IN GOLF" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.
Read the first time and referred to the Committee on Transportation.
H. 3145 -- Reps. Inabinett, Cromer, Vaughn, Sharpe, Beck, Wilkes, Haskins, Lloyd, Carnell, Altman, Young, Hinson, Rodgers, Miller, Campsen, Breeland, Webb, Bauer, R. Smith, Stuart and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-15 SO AS TO PROVIDE THAT THE TEACHING OF EBONICS, OTHERWISE REFERRED TO AS "BLACK ENGLISH", IS PROHIBITED IN THE PUBLIC ELEMENTARY AND SECONDARY SCHOOLS OF THIS STATE, AND IN THE STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, INCLUDING TECHNICAL COLLEGES; AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL NOT BE CONSTRUED AS INFRINGING UPON THE AUTHORITY OF SCHOOLS TO INSTRUCT STUDENTS IN BLACK HISTORY AS PERMITTED BY LAW.
Read the first time and referred to the Committee on Education.
H. 3286 -- Rep. Sharpe: A BILL TO AMEND SECTION 2 OF ACT 387 OF 1996 RELATING TO THE ONE-YEAR PERIOD WITHIN WHICH A PERMANENT WAIVER OF EDUCATIONAL REQUIREMENTS MAY BE GRANTED TO A MASSAGE/BODYWORK THERAPY APPLICANT FOR LICENSURE WHO MEETS CERTAIN OTHER REQUIREMENTS, SO AS TO REVISE THE AMOUNT OF TIME REQUIRED IN PROFESSIONAL PRACTICE AS A THERAPIST FROM FOUR YEARS TO ONE YEAR.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3388 -- Rep. Rice: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF US HIGHWAY 25 AND US HIGHWAY 123 IN GREENVILLE COUNTY IN HONOR OF THE LATE DR. HAROLD B. SIGHTLER, DISTINGUISHED PASTOR OF THE TABERNACLE BAPTIST CHURCH IN GREENVILLE FOR OVER FORTY YEARS.
Introduced and referred to the Committee on Transportation.
H. 3632 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR, RELATING TO CHILD LABOR, DESIGNATED AS REGULATION DOCUMENT NUMBER 2143, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3633 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR, RELATING TO AMUSEMENT RIDES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2155, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3634 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, RELATING TO PROCEDURES FOR MAKING WRITTEN MOTIONS, PETITIONS, AND APPLICATIONS TO THE BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 2156, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3636 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ACCOUNTANCY, RELATING TO LICENSING AND PRACTICE OF PUBLIC ACCOUNTANTS AND CERTIFIED PUBLIC ACCOUNTANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2141, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3643 -- Reps. Young-Brickell, Bailey, Cobb-Hunter, Chellis and Harrell: A BILL TO ESTABLISH THE DORCHESTER COUNTY BOARD OF ELECTIONS AND REGISTRATION AND PROVIDE FOR ITS MEMBERSHIP AND GOVERNANCE, AND TO ABOLISH THE DORCHESTER COUNTY ELECTION COMMISSION AND THE DORCHESTER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS POWERS AND DUTIES IN THE BOARD ESTABLISHED BY THIS ACT.
Read the first time and ordered placed on the local and uncontested Calendar.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3243 -- Reps. Sharpe and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-20-55 SO AS TO PROVIDE FOR THE GENERAL PERMITTING OF CERTAIN MINING ACTIVITIES; AND TO AMEND SECTIONS 48-20-160 AND 48-20-220, RELATING TO PENALTIES FOR VIOLATIONS OF MINING PERMITS, SO AS TO PROVIDE FOR CIVIL PENALTIES FOR NONCOMPLIANCE WITH THE GENERAL PERMIT.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 458 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL GROUP HEALTH INSURANCE, SO AS TO REVISE CERTAIN DEFINITIONS AND ADD NEW DEFINITIONS; TO AMEND SECTION 38-71-940, AS AMENDED, RELATING TO PREMIUM RATES AND RATING FACTORS FOR HEALTH INSURANCE PLANS AND THE PROHIBITION OF INVOLUNTARY BUSINESS CLASS TRANSFER, SO AS TO USE AN INDEX RATE VERSUS AN ACTUARIAL BASE RATE AS A MEASURE OF THE "AVERAGE RATE", TO STRENGTHEN ACTUARIAL CERTIFICATION REQUIREMENTS, TO ALLOW RATE VARIATION FROM THE INDEX RATE, TO LIMIT THE INDEX RATE VARIATION FOR A CLASS OF BUSINESS, TO CHANGE THE PROVISIONS FOR PREMIUM RATE INCREASES TO ALLOW AN ANNUAL ADJUSTMENT DUE TO CLAIM EXPERIENCE, HEALTH STATUS, OR DURATION OF COVERAGE, TO ADD GROUP SIZE AS A CASE CHARACTERISTIC AND DELETE IT AS MEANS OF CREATING A CLASS OF NEW BUSINESS; AND TO AMEND SECTION 38-71-960, AS AMENDED, RELATING TO DISCLOSURE TO SMALL EMPLOYERS IN SOLICITATION AND SALES MATERIAL FOR HEALTH INSURANCE, SO AS TO EXPAND INFORMATION REQUIRED TO BE DISCLOSED.
S. 6 -- Senator Rose: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54, SO AS TO CREATE THE "SOUTH CAROLINA DRUG IMPAIRED INFANTS ACT"; TO AMEND SECTION 20-7-290, RELATING TO THE RENDERING OF HEALTH SERVICES TO MINORS WITHOUT PARENTAL CONSENT, SO AS TO PROVIDE THAT A PHYSICIAN PROVIDING CARE FOR A NEWBORN CHILD MAY ORDER TESTING FOR ALCOHOL AND OTHER DRUGS WITHOUT THE CONSENT OF PARENTS UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 20-7-510, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS REPORT INSTANCES OF CHILD ABUSE OR NEGLECT, SO AS TO ADD SUBSECTION (D) TO PROVIDE THE CIRCUMSTANCES UNDER WHICH PERSONS ARE REQUIRED TO REPORT POSITIVE RESULTS OF DRUG OR ALCOHOL TESTING PERFORMED ON A NEWBORN; TO AMEND SECTION 44-7-260, RELATING TO HOSPITALS, ETC. AND REQUIREMENTS FOR LICENSURE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO FACILITY OR SERVICE THAT PROVIDES DIAGNOSTIC TREATMENT OR REHABILITATIVE SERVICES RELATED TO ALCOHOL OR OTHER DRUGS MAY REFUSE TO PROVIDE THESE SERVICES TO A WOMAN SOLELY BECAUSE THE WOMAN IS PREGNANT; TO AMEND SECTION 44-49-40, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO COORDINATE SERVICES OF THE DEPARTMENT RELATING TO PRENATAL SUBSTANCE ABUSE; TO AMEND SECTION 44-53-140, RELATING TO THE ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT EVIDENCE OBTAINED IN THE ADMINISTERING OF HEALTH CARE MAY NOT BE USED AGAINST THE PERSON SEEKING TREATMENT IN ANY PROCEEDING EXCEPT PROCEEDINGS INITIATED BY THE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND SECTIONS 59-32-20 AND 59-32-30, RELATING TO EDUCATION, SO AS TO PROVIDE FOR THE DEVELOPMENT AND INCLUSION OF APPROPRIATE DRUG EDUCATION CURRICULA CONCERNING THE EFFECTS OF ALCOHOL AND DRUG ABUSE.
S. 23 -- Senator Mescher: A BILL TO AMEND SECTION 29-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REDUCE FROM SIXTY TO FIVE DAYS THE TIME IN WHICH THE OWNER OF AN ANIMAL MUST SATISFY A LIEN PLACED UPON THE ANIMAL FOR EXPENSES RELATING TO COSTS ASSOCIATED WITH BOARDING OF THE ANIMAL FOR UPKEEP, REST, AND TRAINING; TO REDUCE FROM FIFTEEN TO SEVEN DAYS THE TIME PERIOD DURING WHICH THE OWNER OF THE BOARDING FACILITY MUST ADVERTISE THE SALE OF AN ANIMAL WHEN ITS OWNER FAILS TO SATISFY A LIEN FOR BOARDING AFTER NOTICE; AND TO PROVIDE THAT AN ANIMAL NOT PURCHASED AT THE ADVERTISED SALE BECOMES THE SOLE PROPERTY OF THE BOARDING FACILITY OWNER WITH ALL RIGHTS, PRIVILEGES, AND OBLIGATIONS OF OWNERSHIP.
S. 52 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 1, CHAPTER 9, TITLE 11 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-145 SO AS TO AUTHORIZE A STATE AGENCY TO CONTRACT BY THE COMPETITIVE BIDDING PROCESS, FOR THE SALE OF ADVERTISING SPACE, TO PROVIDE FOR THE DISTRIBUTION OF ADVERTISING REVENUE, TO PROVIDE THE REQUIREMENTS WHICH ADVERTISING AND THE SALE OF ADVERTISING MUST MEET, AND TO PROVIDE A PROCEDURE FOR WRITTEN OBJECTION TO ADVERTISING PLACED PURSUANT TO THE PROVISIONS OF THIS SECTION.
S. 72 -- Senator Rose: A BILL TO AMEND CHAPTER 1, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING SECTION 23-1-220, SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY WHICH EMPLOYS A LAW ENFORCEMENT OFFICER WHO SUCCESSFULLY COMPLETED THE TRAINING REQUIRED BY SECTION 23-6-430 WHILE EMPLOYED BY ANOTHER GOVERNMENTAL ENTITY MUST REIMBURSE THE GOVERNMENTAL ENTITY THAT EMPLOYED THE OFFICER DURING THE TRAINING PERIOD.
Senator COURTNEY explained the Bill.
S. 156 -- Senator Passailaigue: A BILL TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 62, SO AS TO PROVIDE FOR THE "PROPERTY TAX REDUCTION WORK ACT"; TO PERMIT TAXPAYERS TO REDUCE THEIR PROPERTY TAX DEBT UNDER CERTAIN CIRCUMSTANCES BY BECOMING "RESIDENT ASSOCIATES" WORKING PART-TIME FOR THE COUNTY IN LIMITED POSITIONS.
S. 360 -- Senators Drummond, Bryan, Giese and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-5-55 SO AS TO ESTABLISH THE DRINKING WATER REVOLVING LOAN FUND AND PROVIDE FOR THE MANNER IN WHICH IT MUST BE ADMINISTERED; TO AMEND ACT 513 OF 1992, RELATING TO THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO BRING THIS STATE'S LAWS INTO COMPLIANCE WITH THE 1996 AMENDMENTS TO THE SAFE DRINKING WATER ACT, TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT, SECTION 1452, TITLE 42, UNITED STATES CODE, AND BY ADDING AN APPROPRIATE LEGISLATIVE FINDING; TO AMEND SECTION 48-5-20, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO CHANGE THE DEFINITION OF "FUND" TO "CLEAN WATER FUND", ADD A DEFINITION FOR "DRINKING WATER FUND" AND "SAFE DRINKING WATER ACT", AND CHANGE THE DEFINITION OF "PROJECT"; TO AMEND SECTION 48-5-40, RELATING TO THE POWERS OF THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY, SO AS TO ADD ADDITIONAL POWERS INCLUDING THE AUTHORIZATION TO ESTABLISH ACCOUNTS FOR THE DEPOSIT OF PORTIONS OF GRANTS; TO AMEND SECTION 48-5-50, RELATING TO THE CONTINUED EXISTENCE OF THE FUND PREVIOUSLY CREATED PURSUANT TO CHAPTER 6 OF TITLE 48, SO AS TO CLARIFY THE NAME OF THE FUND AS BEING THE CLEAN WATER FUND; TO AMEND SECTION 48-5-60, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS UNDER THE ACT, SO AS TO ADD REFERENCE TO THE SAFE DRINKING WATER ACT AND AUTHORIZE THE ESTABLISHMENT OF ACCOUNTS AND THE DEPOSITING IN THEM PORTIONS OF FEDERAL GRANTS AUTHORIZED BY THE SAFE DRINKING WATER ACT; AND TO AMEND SECTION 48-5-160, RELATING TO REPORTING REQUIREMENTS OF THE AUTHORITY TO THE GOVERNOR, GENERAL ASSEMBLY, AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, SO AS TO ADD THE REQUIREMENT THAT A BIENNIAL REPORT BE MADE TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ON THE DRINKING WATER REVOLVING LOAN FUND.
S. 330 -- Senators Peeler, Gregory, Hayes and Short: A BILL TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USES OF "C" FUND GASOLINE TAX REVENUES, SO AS TO AUTHORIZE A COUNTY LEGISLATIVE DELEGATION BY RESOLUTION TO ABOLISH THE COUNTY TRANSPORTATION COMMITTEE AND DEVOLVE ITS FUNCTIONS ON THE GOVERNING BODY OF THE COUNTY AND TO PROVIDE THAT THIS DEVOLUTION MAY BE REVERSED AND THE COMMITTEE REESTABLISHED PURSUANT TO A SUBSEQUENT DELEGATION RESOLUTION.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator PEELER proposed the following amendment (330R001.HSP), which was adopted:
Amend the bill, as and if amended, page 1, line 35, by adding after / . / but before / " / the following:
/The exercise of county transportation committee powers and duties by a county governing body is not deemed to constitute dual office holding./
Amend title to conform.
Senator PEELER explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 25 -- Senator Mescher: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR REGISTRATION OF TATTOO ARTISTS AND TATTOO PARLORS BY PROVIDING FOR DEFINITIONS, REGISTRATION AND RENEWAL REQUIREMENTS AND FEES, MINIMAL STANDARDS, TATTOOING AND STERILIZING PROCEDURES, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INSPECTIONS, REGISTRATION DENIAL, REVOCATION, OR SUSPENSION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-17-700 OF THE 1976 CODE, RELATING TO TATTOOING, SO AS TO CHANGE THE CRIMINAL OFFENSE PROHIBITING ALL TATTOOING TO ALLOW TATTOOING OF THOSE EIGHTEEN YEARS OF AGE OR OVER.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Medical Affairs proposed the following amendment (25R001.TLM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 16-17-700 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-17-700. (A) It is unlawful for a person to tattoo:
(1) any part of the body of another person under the age of eighteen;
(2) part of the head, face, or neck of another person;
(3) a person without following the November 15, 1985, Centers for Disease Control document (MMWR Volume 34, Number 45) entitled 'Recommendations for Preventing Transmission of Infection with Human T-Lymphotropic Virus Type III/Lymphadenopathy-Associated Virus in the Workplace', the June 23, 1989, Centers for Disease Control document (MMWR Volume 38, Number S-6) entitled 'Guidelines for Prevention of Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Health-Care and Public Safety Workers' as these documents apply to personal service workers, or equivalent guidelines developed by the Department of Health and Environmental Control and appropriate supplements or revisions to these documents or these guidelines.
However, it is not unlawful for a licensed physician or surgeon to tattoo part of a patient's the body of a person of any age if in his the physician's or surgeon's medical opinion it is necessary when performing cosmetic or reconstructive surgery.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both.
(B) A tattoo artist shall conspicuously display a clearly legible notice to patrons informing them of any disqualification which tattooing may confer upon a prospective blood donor according to current and subsequent amendments to standards of the American Association of Blood Banks. This notice also must appear in any informed consent or release form which a tattoo artist uses."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
H. 3254 -- Reps. Boan and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-285 SO AS TO PROVIDE AN ALTERNATE METHOD FOR THE REDUCTION OF THE CORPORATE LIMITS WHEN THE AREA IS OWNED BY A MUNICIPALITY OR COUNTY.
On motion of Senator HOLLAND , with unanimous consent, H. 3254 was ordered to receive a third reading on Wednesday, March 19, 1997.
S. 487 -- Senators Leatherman and Giese: A JOINT RESOLUTION ESTABLISHING THE GENERAL FRANCIS MARION GRAVESITE COMMITTEE TO DETERMINE THE APPROPRIATENESS AND FEASIBILITY OF MOVING THE REMAINS OF GENERAL FRANCIS MARION, "SWAMPFOX OF THE AMERICAN REVOLUTION", AND HIS WIFE, MARY ESTHER VIDEAU MARION, FROM THE CURRENT BURIAL SITE NEAR BELLE ISLE PLANTATION IN BERKELEY COUNTY TO A SUITABLE SITE ON THE GROUNDS OF FRANCIS MARION UNIVERSITY, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND TO AUTHORIZE THE COMMITTEE TO IMPLEMENT THE MOVE IF DETERMINED FEASIBLE AND APPROPRIATE.
Senator MESCHER asked unanimous consent to commit the Resolution to the General Committee.
There was no objection.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 33, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSUREE IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator McCONNELL argued in favor of the second reading of the Bill and Senator RYBERG argued contra.
Senator MARTIN assumed the Chair at 12:37 P.M.
Senator RYBERG continued speaking on the Bill.
The PRESIDENT assumed the Chair at 12:57 P.M.
Senator RYBERG spoke on the Bill.
On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, with Senator RYBERG retaining the floor.
Interim Appointment, Greenville County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable Harry H. Nelson, 414 Willow Springs Drive, Greenville, S.C. 29607 VICE Samuel Hunter Howard, Sr. (resigned)
At 1:05 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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