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 reading from the Epistle of James (2:23):

"Thus the scripture was fulfilled that says,

'Abraham believed God, and it was reckoned to

him as righteousness,'

and he was called the friend of God."
Let us pray.

Our Father, You have not only taught us how to live, but You have also shown us how to live in the person of Jesus of Nazareth.

We thank You for the glorious narrative that runs like a golden cord through all the sacred scriptures that God is our FRIEND, and that His will for His children is that they shall be friends together in the "godly fellowship" of eternity.

We remember with gratitude the ancient patriarch Abraham who was called "a friend of God," and that Jesus said, "I have called you 'friends'."

Enrich our labors this day, with the blessed Spirit of friendship.

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

March 3, 1997
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, State Human Affairs Commission, with term to commence June 30, 1997, and to expire June 30, 2000:

5th Congressional District:

Ms. Gloria G. Rosemond, 1809 West Buford Street, Gaffney, S.C. 29341

Referred to the Committee on Judiciary.

March 6, 1997
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, Commission on Women, with term to commence October 18, 1997, and to expire October 18, 2001:

At-Large:

Ms. Clara Holland Heinsohn, 1740 Vassar Drive, Charleston, S.C. 29407

Referred to the General Committee.

Reappointment, Board of Health and Environmental Control, with term to commence June 30, 1997, and to expire June 30, 2001:

At-Large-Chairman:

Mr. John Hay Burriss, 130 Haywain Drive, Chapin, S.C. 29036

Referred to the Committee on Medical Affairs.

March 21, 1997
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1996, and to expire June 30, 1999:

At-Large:

Ms. Brenda L. Martin, 1031 Shiloh Road, Seneca, S.C. 29678 VICE Al Norris, Jr.

Referred to the Committee on Judiciary.

March 24, 1997
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, South Carolina Real Estate Appraisers Board, with term to commence May 31, 1997, and to expire May 31, 2000:

Appraiser-General:

Mr. Charles B. Stone, Stone & Associates, Inc., 308 West Stone Avenue, Greenville, S.C. 29609 VICE James H. Robinson

Referred to the Committee on Labor, Commerce and Industry.

March 25, 1997
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1993, and to expire August 15, 1997:

At-Large:

Mr. James J. Kerr, 2745 Canter Lane, Johns Island, S.C. 29455 VICE Nathaniel W. Rosenfeld (deceased)

Referred to the Committee on Labor, Commerce and Industry.

The following was received and referred to the appropriate committee for consideration:

Document No. 2177
Promulgated by Department of Social Services
Family Independence Program
Received by Lt. Governor April 8, 1997
Referred to Senate General Committee
120 day review expiration date August 6, 1997

The following was received:

Document No. 2168
Promulgated by Commission on Higher Education
Palmetto Fellows Scholarship
Received by Lt. Governor March 21, 1997
Referred to Senate Committee on Education
Withdrawn April 10, 1997

Senator HAYES introduced Dr. Terry Dodge of Rock Hill, S.C., Doctor of the Day.

Senator BRYAN rose for an Expression of Personal Interest.

The following were introduced:

S. 647 -- Senators Leventis, Peeler, Martin, Alexander, McConnell, Leatherman, Ryberg, O'Dell, Holland, Land, Setzler, Fair, Wilson, Ravenel, Gregory, McGill, Elliott, Giese and Rose: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE STATE SALES AND USE TAX, SO AS TO EXEMPT FROM THAT DEFINITION THE SALES PRICE ON SALES WHICH ARE UNCOLLECTIBLE, TO PROVIDE FOR CREDIT FOR TAXES PAID ON UNCOLLECTIBLE AMOUNTS, AND TO PROVIDE FOR LATER PAYMENT OF TAXES ON AMOUNTS SUBSEQUENTLY COLLECTED.

Senator LEVENTIS spoke on the Bill.

Read the first time and referred to the Committee on Finance.

S. 648 -- Senator Hutto: A BILL TO AMEND SECTION 20-7-1410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF FAMILY COURT JUDGES FOR EACH JUDICIAL CIRCUIT, SO AS TO PROVIDE THAT IN THOSE JUDICIAL CIRCUITS MADE UP OF FIVE COUNTIES, AT LEAST ONE FAMILY COURT JUDGE MUST BE A RESIDENT OF ONE OF THE THREE COUNTIES WITH THE SMALLEST POPULATION IN THE CIRCUIT AND TO PROVIDE THAT THE REQUIREMENT DOES NOT APPLY TO INCUMBENTS SEEKING REELECTION.

Read the first time and referred to the Committee on Judiciary.

S. 649 -- Senator Drummond: A BILL TO MAKE FINDINGS OF LEGISLATIVE INTENT OF THE GENERAL ASSEMBLY WITH RESPECT TO GOVERNMENTAL TORT LIABILITY UNDER THE SOUTH CAROLINA TORT CLAIMS ACT; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-78-200 SO AS TO PROVIDE THAT THE SOUTH CAROLINA TORT CLAIMS ACT IS THE EXCLUSIVE REMEDY FOR ANY TORT COMMITTED BY A GOVERNMENT EMPLOYEE ACTING WITHIN THE SCOPE OF THE EMPLOYEE'S OFFICIAL DUTY AND TO REQUIRE THIS PROVISION TO BE LIBERALLY CONSTRUED IN FAVOR OF LIMITED LIABILITY WITH AMBIGUITY TO BE RESOLVED AS A MATTER OF LAW IN FAVOR OF THE GOVERNMENT; TO REENACT THE PROVISIONS OF SECTION 15-78-120, AS CURRENTLY EXISTING, SO AS TO PROVIDE THE LIMITATIONS ON LIABILITY AND OTHER REQUIREMENTS UNDER THE SOUTH CAROLINA TORT CLAIMS ACT; AND TO AMEND SECTION 15-78-140, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD TO COVER LIABILITY RISKS FOR WHICH IMMUNITY HAS BEEN WAIVED, THE REQUIREMENT OF POLITICAL SUBDIVISIONS TO PROCURE INSURANCE FOR LIABILITY RISKS FOR WHICH IMMUNITY HAS BEEN WAIVED, AND THE EXCLUSIVITY OF REMEDIES FOR CLAIMS FILED PURSUANT TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO DELETE THE DUTY OF THE BOARD TO PURCHASE INSURANCE TO COVER RISKS FOR WHICH IMMUNITY HAS BEEN WAIVED.

Read the first time and referred to the Committee on Judiciary.

S. 650 -- Senator Reese: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND OPERATION OF THE PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT THE RESPONSIBILITIES HELD BY THE CIRCUIT COURT SOLICITORS ARE TRANSFERRED TO THE CHIEF JUSTICE OF THE SUPREME COURT.

Read the first time and referred to the Committee on Judiciary.

S. 651 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, MANUFACTURED HOUSING BOARD, RELATING TO MANUFACTURED HOMES; PRACTICES IN THE INDUSTRY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2176, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and ordered placed on the Calendar without reference.

S. 652 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF STATE FIRE MARSHAL, RELATING TO PROXIMATE AUDIENCE PYROTECHNICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2061, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and ordered placed on the Calendar without reference.

S. 653 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF COSMETOLOGY, RELATING TO QUALIFICATIONS AND PROVISIONS FOR LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2110, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and ordered placed on the Calendar without reference.

S. 654 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Mescher, Ravenel and Williams: A CONCURRENT RESOLUTION CONGRATULATING THE COLLEGE OF CHARLESTON COUGARS MEN'S BASKETBALL TEAM FOR AN EXCEPTIONAL SEASON AND FOR THEIR OUTSTANDING EFFORT IN THE 1997 NCAA TOURNAMENT.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 655 -- Senator Reese: A BILL TO AMEND ARTICLE 4, CHAPTER 31, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCEALED WEAPONS PERMITS BY ADDING SECTION 23-31-240 SO AS TO PROVIDE THAT A JUDGE OR MAGISTRATE MAY CARRY A CONCEALABLE WEAPON ANYWHERE WITHIN THE STATE AFTER COMPLETING A SLED FIREARMS TRAINING COURSE.

Read the first time and referred to the Committee on Judiciary.

S. 656 -- Senator McGill: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 76, SO AS TO ENACT THE "PROFESSIONAL ADDICTIONS COUNSELOR LICENSING ACT", TO PROVIDE FOR LICENSURE AND REGULATION BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO ESTABLISH LICENSE RENEWAL REQUIREMENTS FOR "PROFESSIONAL ADDICTIONS COUNSELORS AND PROFESSIONAL ADDICTIONS COUNSELOR SUPERVISORS"; TO DEFINE ACTS OF MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT, AND TO PROVIDE PENALTIES.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 657 -- Senators Setzler, Courson and Giese: A SENATE RESOLUTION INVITING THE UNIVERSITY OF SOUTH CAROLINA MEN'S BASKETBALL TEAM, SOUTHEASTERN CONFERENCE REGULAR SEASON CHAMPIONS FOR 1997, HEAD COACH EDDIE FOGLER AND THE ASSISTANT COACHES AND STAFF TO THE FLOOR OF THE SENATE ON WEDNESDAY, APRIL 30, 1997, TO BE RECOGNIZED FOR THEIR ACCOMPLISHMENTS DURING THE 1996-97 SEASON.

The Senate Resolution was introduced and referred to the Committee on Invitations.

S. 658 -- Senator Bryan: A BILL TO AMEND CHAPTER 1, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL PROVISIONS OF LABOR AND EMPLOYMENT LAW, BY ADDING SECTION 41-1-110 SO AS TO ESTABLISH FOR A PERSON EMPLOYED BY AN EMPLOYER DOING BUSINESS OR EMPLOYING RESIDENTS OF THIS STATE THE RIGHT TO EXAMINE AND OBTAIN COPIES OF ALL OF THE CONTENTS OF HIS PERSONNEL RECORD AS MAINTAINED BY THAT EMPLOYER, TO PROVIDE FOR THE TIME, PLACE, AND MANNER WHICH EMPLOYERS AND EMPLOYEES MUST FOLLOW RELATING TO ACCESS TO PERSONNEL RECORDS, TO PROVIDE FOR FEES FOR DEFRAYING THE COST OF GRANTING ACCESS TO SUCH PERSONNEL FILE OR MAKING COPIES, TO PROVIDE FOR CERTAIN FINES WHICH MAY BE LEVIED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE A CIVIL REMEDY FOR VIOLATIONS, AND TO PROVIDE FOR RELATED MATTERS.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 659 -- Senators Courtney, Bryan, Alexander, Washington, Wilson, Elliott, Ford, Glover, Hayes, Lander, McConnell, Mescher, O'Dell, Rankin, Ravenel, Reese, Rose, Russell, Saleeby and J. Verne Smith: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, CLARIFYING THE SCOPE OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING PROVISIONAL LICENSES AND BIENNIAL LICENSURE, REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY, AND INCREASING CRIMINAL PENALTIES.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 660 -- Senator McGill: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT EQUIPMENT AND OPERATION, SO AS TO PROHIBIT PERSONS OTHER THAN NATURAL RESOURCES OFFICIALS, LAW ENFORCEMENT OFFICIALS, AND OTHER GOVERNMENTAL OFFICIALS WHO ARE AUTHORIZED BY LAW TO CARRY FIREARMS FROM POSSESSING LOADED FIREARMS WHILE RIDING IN OR ON A MOVING BOAT OR OTHER WATERCRAFT.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 661 -- Senator Leventis: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE OVERPASS ON PINEWOOD ROAD IN SUMTER IN HONOR OF R.J. "CHIC" MATHIS AND TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.

Senator LEVENTIS spoke on the Resolution.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 662 -- Senator Anderson: A SENATE RESOLUTION TO RECOGNIZE THE DESCENDANTS OF LUCINDA AND JAMES HARRIS ON THE OCCASION OF THEIR REUNION JOINING MANY FRIENDS AND FAMILY, BEGINNING ON THURSDAY, JULY 10, 1997, AND ENDING ON MONDAY, JULY 14, 1997, IN GREENVILLE, SOUTH CAROLINA.

The Senate Resolution was adopted.

S. 663 -- Senators Drummond, Alexander, Anderson, Bryan, Cork, Courson, Courtney, 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, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE JAMES A. TIMMERMAN, JR., PH.D., UPON HIS RETIREMENT AS DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES, COMMENDING AND THANKING HIM FOR HIS MANY YEARS OF DISTINGUISHED SERVICE TO HIS COMMUNITY, TO THE STATE OF SOUTH CAROLINA, AND TO THE UNITED STATES OF AMERICA.

The Concurrent Resolution was adopted, ordered sent to the House.

H. 3710 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-1-175 AND 56-1-176 SO AS TO PROVIDE FOR THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE; BY ADDING SECTION 56-5-2953 SO AS TO PROVIDE THAT A DRIVER UNDER THE AGE OF TWENTY-ONE SHALL NOT OPERATE A MOTOR VEHICLE WITH ANY MEASURABLE AMOUNT OF ALCOHOL; BY ADDING SECTION 56-23-87 SO AS TO PROVIDE THAT A PERSON WHO SUCCESSFULLY COMPLETES CERTAIN DRIVER TRAINING COURSES MUST BE ISSUED A CERTIFICATE OF COMPLETION; TO AMEND SECTION 56-1-30, RELATING TO PERSONS EXEMPT FROM OBTAINING A DRIVER'S LICENSE, SO AS TO DEFINE "IMPLEMENTS OF HUSBANDRY"; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO A PERSON WHO MAY NOT OBTAIN A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE ISSUED A DRIVER'S LICENSE OR A SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE APPLICATION, PROCEDURE, ISSUANCE, AND RENEWAL OF, AND FEE FOR A BEGINNER'S PERMIT, SO AS TO REVISE THE CONDITIONS UNDER WHICH A PERSON HOLDING A BEGINNER'S PERMIT MAY OPERATE A MOTOR VEHICLE, TO PROVIDE THAT BEFORE OBTAINING FULL LICENSURE CERTAIN PERSONS MUST HOLD A BEGINNER'S PERMIT FOR NINETY DAYS, AND TO DEFINE "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO EXAMINATIONS FOR BASIC AND CLASSIFIED LICENSES, SO AS TO PROVIDE FOR THE CONDITIONS UPON WHICH THE HOLDER OF A PROVISIONAL OR SPECIAL RESTRICTED DRIVER'S LICENSE MAY OPERATE A FARM TRUCK; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE SPECIAL RESTRICTED DRIVER'S LICENSE FOR MINORS, SO AS TO REVISE THE AGE OF A PERSON THAT MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO DELETE A REFERENCE TO AN INSTRUCTION PERMIT, TO REVISE THE CIRCUMSTANCES UPON WHICH A PERSON MAY OPERATE A VEHICLE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE CONDITIONS UPON WHICH A WAIVER OR MODIFICATION OF THE LICENSE RESTRICTIONS MAY BE GRANTED AND THE CONTENTS OF THE STATEMENT THAT MUST BE INCLUDED IN AN APPLICATION FOR WAIVER OR MODIFICATION OF THE RESTRICTIONS, AND TO DEFINE "DAYLIGHT HOURS"; AND TO AMEND SECTION 56-1-185, RELATING TO THE POSTPONEMENT OF THE REMOVAL OF RESTRICTIONS FROM A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A HOLDER OF A BEGINNER'S PERMIT, PROVISIONAL OR SPECIAL RESTRICTED DRIVER'S LICENSE WHO IS CONVICTED OF CERTAIN TRAFFIC OFFENSES SHALL HAVE HIS LICENSE SUSPENDED FOR SIX MONTHS.

Read the first time and referred to the Committee on Judiciary.

H. 3823 -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.

Read the first time and referred to the Committee on Transportation.

H. 3946 -- Reps. Stoddard, Phillips, Littlejohn and Inabinett: A CONCURRENT RESOLUTION TO FIX 11:00 A.M. ON WEDNESDAY, APRIL 23, 1997, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, COASTAL CAROLINA UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1997 OR WHOSE OFFICES OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

Be it resolved by the House of Representatives, the Senate concurring:

(1)   That the House of Representatives and the Senate meet in joint session in the Hall of the House of Representatives at 11:00 A.M. on Wednesday, April 23, 1997, for the purpose of electing members of the boards of trustees of South Carolina State University, Coastal Carolina University, and the Wil Lou Gray Opportunity School to succeed those members whose terms expire in 1997, or whose positions otherwise must be filled.

(2)   That all nominations be made by the chairman of the joint legislative committee which screened the candidates for the above offices and that no further nominating nor any seconding speeches be made during the joint session by members of the General Assembly on behalf of any of the candidates.

Introduced and referred to the Committee on Invitations.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

S. 75 -- Senators Drummond and Holland: A BILL TO RATIFY AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, SO AS TO PROVIDE FOR THE "VICTIM'S BILL OF RIGHTS" BY ADDING SECTION 24; AND ALSO TO RATIFY AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.

On motion of Senator HOLLAND, with unanimous consent, the Bill was recommitted to the Committee on Judiciary, retaining its place on the Calendar.

There was no objection.

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

S. 616 -- Senators Holland, Lander, McConnell and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1350 SO AS TO PROVIDE FOR MEDICAL EXAMINATIONS OF VICTIMS OF SEXUAL ASSAULTS; TO AMEND SECTION 16-3-1210, AS AMENDED, RELATING TO PERSONS ELIGIBLE FOR AWARDS FROM THE VICTIM'S COMPENSATION FUND, SO AS TO DELETE THE PROVISIONS THAT MAKE CERTAIN HEALTH CARE AND MEDICAL FACILITIES ELIGIBLE FOR AWARDS TO COVER CERTAIN COSTS; TO AMEND ARTICLE 15, CHAPTER 3, TITLE 16, RELATING TO THE VICTIM'S AND WITNESS'S BILL OF RIGHTS, SO AS TO DELETE THE PROVISIONS OF THIS ARTICLE AND REPLACE IT WITH PROVISIONS PROVIDING FOR VICTIM AND WITNESS SERVICES; AND TO PROVIDE A SEVERABILITY PROVISION.

On motion of Senator HOLLAND, with unanimous consent, the Bill was recommitted to the Committee on Judiciary, retaining its place on the Calendar.

There was no objection.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 624 -- Senators Setzler, Ryberg, Lander, Wilson and Drummond: A BILL TO AMEND SECTIONS 6-25-100, AS AMENDED, 6-25-110, AND 6-25-111, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF JOINT MUNICIPAL WATER SYSTEMS AND THE AUTHORITY OF SUCH SYSTEMS TO INCUR DEBT, SO AS TO DELETE THE REQUIREMENT FOR UNANIMOUS APPROVAL BY THE GOVERNING BODY OF EACH MEMBER OF THE SYSTEM TO INCUR DEBT AND INSTEAD REQUIRE APPROVAL BY AT LEAST TWO-THIRDS OF THE GOVERNING BODIES OF THE MEMBERS OF THE SYSTEM.

Senator SETZLER explained the Bill.

S. 89 -- Senator Holland: A BILL TO AMEND SECTION 20-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF AN ORDER OF PROTECTION, SO AS TO PROVIDE THAT AN ORDER OF PROTECTION BE ISSUED FOR A MINIMUM PERIOD OF SIX MONTHS.

S. 378 -- Senators Wilson and Giese: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION SHALL SUBMIT RECOMMENDATIONS CONCERNING FOSTER CARE POLICIES, PROCEDURES, AND DEFICIENCIES OF AGENCIES TO THE GOVERNOR RATHER THAN TO THE GENERAL ASSEMBLY.

S. 397 -- Senators J. Verne Smith, Fair, Thomas and Bryan: A BILL TO AMEND SECTION 4-1-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MULTI-COUNTY INDUSTRIAL AND BUSINESS PARKS, SO AS TO REQUIRE THE PRIOR CONSENT OF A MUNICIPALITY ALL OR A PORTION OF WHICH IS TO BE INCLUDED IN THE PARK.

S. 446 -- Senator McConnell: A BILL TO AMEND SECTIONS 58-25-30, 58-25-35, 58-25-40, AND 58-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO CHANGE EACH REFERENCE OF "CITY" TO "MUNICIPALITY".

S. 482 -- Senator Ryberg: A BILL TO AMEND SECTION 17-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC DEFENDERS, SO AS TO PROVIDE THAT ASSISTANT PUBLIC DEFENDERS MAY RESIDE OUTSIDE OF THE COUNTY OR THE DEFENDER CORPORATION AREA IN WHICH THEY SERVE.

S. 591 -- Senator Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-20-25 SO AS TO REQUIRE A PERSON SERVING IN AN OFFICE ELECTED BY THE GENERAL ASSEMBLY, OTHER THAN A JUDICIAL OFFICE, WHO IS NOT SEEKING REELECTION TO GIVE WRITTEN NOTICE OF SUCH TO THE JOINT COMMITTEE FOR THE REVIEW OF CANDIDATES.

S. 278 -- Senators Leventis, Reese, Glover, Ravenel, O'Dell, Gregory, McConnell, Land, McGill, Russell, Jackson, Courson, Thomas, Waldrep, Rose, Passailaigue, Hutto and Ryberg: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD LONGER THAN TWENTY-FOUR CONSECUTIVE HOURS UNLESS CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO DELETE LANGUAGE AND PROVISIONS REGARDING CERTAIN VEHICLES; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED PROPERLY FOR BY THE PERSON MAKING THE ARREST UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST PURSUANT TO SECTION 47-1-150; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON AN ANIMAL CRUELLY USED SO AS TO DELETE THE CURRENT PROVISIONS AND REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator BRYAN proposed the following amendment (S-AGI\278003.JEB), which was adopted:

Amend the bill, as and if amended, by striking SECTION 9 of Section 47-1-150 of the 1976 Code in its entirety and adding a new SECTION 9 of Section 47-1-150 on page 6, line 20 to read:

/"Section 47-1-150.(A)   When complaint is made on oath or affirmation to any magistrate authorized to issue warrants in criminal cases that the complainant believes and has reasonable cause to believe that the laws in relation to cruelty to animals have been or are being violated in any particular building or place, such magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search warrant authorizing any sheriff, deputy sheriff, deputy state constable, constable or police officer to search such building or place; but no search shall be made after sunset, unless specially authorized by the magistrate upon satisfactory cause shown. If an animal is seized pursuant to this section and the South Carolina S.P.C.A. or other society incorporated for that purpose is involved with the seizure, the animal may be held pending criminal disposition of the case at a facility maintained or contracted by that agency.

(B)   The purpose of the following section is to provide a means by which a neglected or mistreated animal can be:

(1)   removed from its present custody, or

(2)   made the subject of an order to provide care, issued to its owner by the magistrate or municipal judge, any law enforcement officer, or any agent of the county or of the South Carolina Society for the Prevention of Cruelty to Animals, or any society incorporated for that purpose and given protection and an appropriate and humane disposition made.

(C)   Any law enforcement officer or any agent of any county or of the South Carolina Society for the Prevention of Cruelty to Animals, or any society incorporated for that purpose may move before a magistrate for an order to:

(1)   lawfully take custody of any animal found neglected or cruelly treated by removing the animal from its present location if deemed by the court that removal is necessary to prevent further suffering or ill-treatment, or

(2)   order the owner of any animal found neglected or cruelly treated to provide certain care to the animal at the owner's expense without removal of the animal from its present location, and shall forthwith petition the magistrate or municipal judge of the county or municipality wherein the animal is found for a hearing, to be set within twenty-four hours after the date of seizure of the animal or issuance of the order to provide care and held not more than two days after the setting of such date, to determine whether the owner, if known, is able to provide adequately for the animal and is fit to have custody of the animal. The hearing shall be concluded and the court order entered the date the hearing is commenced. No fee shall be charged for the filing of the petition.. Nothing herein is intended to require court action for the taking into custody and making proper disposition of stray or abandoned animals as lawfully performed by animal control agents.

(D)   The officer or agent of any county or of the South Carolina Society for the Prevention of Cruelty to Animals, or of any society incorporated for that purpose, taking charge of any animal pursuant to the provisions of this section shall have written notice served prior to the hearing set forth in subsection (C)(2), upon the owner of the animal, if he is known and is residing in the county where the animal was taken. The sheriff of the county shall not charge a fee for service of such notice. If the owner of the animal is known but is residing outside of the county wherein the animal was taken, notice of the hearing shall be by publication.

(E)   If any seized animal held by court order at the owner's premises is removed without notification to the investigating agency, or if an animal becomes sick or dies and the owner or custodian fails to immediately notify the investigating agency, the owner must be held in contempt of court and find up to the penalties provided by law.

(F)   The officer or agent of any county or of the South Carolina Society for the Prevention of Cruelty to Animals, or of any society incorporated for that purpose, taking charge of an animal as provided for in this section shall provide for the animal until either:

(1)   The owner is adjudged by the court to be able to provide adequately for, and have custody of, the animal, in which case the animal shall be returned to the owner upon payment for the care and provision of the animal while in the agent's or officer's custody; or

(2)   The animal is turned over to the officer or agent as provided in Section 47-1-170 and a humane disposition of the animal is made.

(G)   If the court determines that the owner is able to provide adequately for, and have custody of the animal, the order shall provide that the animal in possession of the officer or agent be claimed and removed by the owner within seven days after the date of the order."/

Amend title to conform.

Senator BRYAN explained the amendment.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

S. 357 -- Senators Saleeby and Wilson: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATEMENTS OF INTENTION OF CANDIDACY, SO AS TO PROVIDE THAT IF A FILING DATE FALLS ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THESE DATES SHALL BEGIN OR END, AS APPROPRIATE, ON THE NEXT DAY WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, AND TO FURTHER PROVIDE FOR THE FILING REPOSITORY FOR THESE STATEMENTS; TO AMEND SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO CHANGE THE FILING REPOSITORIES FOR THESE ITEMS; TO AMEND SECTION 7-13-40, RELATING TO CERTIFICATION OF CANDIDATES, SO AS TO REQUIRE THAT PARTIES NOMINATING CANDIDATES BY PARTY PRIMARY MUST VERIFY QUALIFICATIONS OF THOSE CANDIDATES PRIOR TO CERTIFICATION; TO AMEND SECTION 7-13-45, RELATING TO FILING AS A CANDIDATE, SO AS TO PROVIDE WHERE PERSONS MAY FILE AS CANDIDATES; AND TO AMEND SECTION 7-13-350, RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO PROVIDE THAT POLITICAL PARTIES NOMINATING CANDIDATES BY PRIMARY OR CONVENTION MUST VERIFY THE QUALIFICATIONS OF THOSE CANDIDATES PRIOR TO CERTIFICATION TO THE AUTHORITY CHARGED BY LAW WITH PREPARING THE BALLOT.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senators MOORE, WILSON and ALEXANDER proposed the following amendment (JUD0357.007), which was adopted:

Amend the bill, as and if amended, page 7, line 33, in Section 7-13-351(B), as contained in SECTION 6, by inserting the following after /greater./ :

/However, if the total salary for the term of the office is less than one hundred dollars, the filing fee is one percent of the salary./

Amend the bill further, page 8, line 28, in Section 7-13-352, as contained in SECTION 7, by inserting the following after /greater./:

/However, if the total salary for the term of the office is less than one hundred dollars, the filing fee is one percent of the salary./

Amend the bill further, as and if amended, page 9, line 18, in Section 7-11-30(B), as contained in SECTION 8, by inserting the following after /greater./:

/However, if the total salary for the term of the office is less than one hundred dollars, the filing fee is one percent of the salary./

Amend title to conform.

Senator MOORE explained the amendment.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

S. 83 -- Senator Rose: A BILL TO AMEND ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF CASES BEFORE THE FAMILY COURT, BY ADDING SECTION 20-7-1530, SO AS TO PROVIDE FACTORS WHICH MUST BE CONSIDERED IN DETERMINING THE CUSTODY OF MINOR CHILDREN; AND TO ADD SUBARTICLE 2, SO AS TO PROVIDE FOR SPECIAL VISITATION PROVISIONS WHICH A COURT MAY ORDER WHEN AWARDING VISITATION IN CASES INVOLVING DOMESTIC AND FAMILY VIOLENCE.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator COURTNEY explained the Bill.

Senator HOLLAND proposed the following amendment (JUD0083.003), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION   ____.   Section 24-21-645 of the 1976 Code is amended to read:

"Section 24-21-645.   The board may issue an order authorizing the parole which must be signed either by a majority of its members or by all three members meeting as a parole panel on the case ninety days prior to the effective date of the parole; provided, that however, at least two-thirds of the members of the board must authorize and sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. A provisional parole order shall include the terms and conditions, if any, to be met by the prisoner during the provisional period and terms and conditions, if any, to be met upon parole. Upon satisfactory completion of the provisional period, the director or one lawfully acting for him must issue an order which, if accepted by the prisoner, shall provide for his release from custody. Provided, that However, upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their cases reviewed every two years for the purpose of a determination of parole., except that prisoners who are eligible for parole pursuant to Section 16-25-90, and who are subsequently denied parole must have their cases reviewed every twelve months for the purpose of a determination of parole. This section applies retroactively to a prisoner who has had a parole hearing pursuant to Section 16-25-90 prior to the effective date of this act."/

Renumber sections to conform.

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

Senator MARTIN assumed the Chair at 12:34 P.M.

The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:

S. 484 -- Senators Leventis, Patterson, Peeler, J. Verne Smith and Drummond: A JOINT RESOLUTION TO REAUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S HEALTH SERVICES.

On motion of Senator MOORE, with unanimous consent, S. 484 was ordered to receive a third reading on Wednesday, April 16, 1997.

H. 3420 -- Rep. Rhoad: A BILL TO AMEND SECTION 47-6-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPORTATION OF SWINE, SO AS TO PROVIDE FOR RELIANCE ON PSEUDORABIES ERADICATION PROGRAM STANDARDS WHEN IMPORTING SWINE FOR FEEDING OR OTHER THAN FEEDING PURPOSES.

On motion of Senator LEVENTIS, with unanimous consent, H. 3420 was ordered to receive a third reading on Wednesday, April 16, 1997.

H. 3522 -- Reps. Sharpe, Riser, Witherspoon, Webb and Barfield: A BILL TO AMEND SECTION 39-22-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR WAREHOUSE RECEIPT FORMS DESIGNED OR APPROVED BY THE COMMISSIONER OF AGRICULTURE, SO AS TO AUTHORIZE THE USE OF ELECTRONIC WAREHOUSE RECEIPTS.

Senator LEVENTIS explained the Bill.

On motion of Senator LEVENTIS, with unanimous consent, H. 3522 was ordered to receive a third reading on Wednesday, April 16, 1997.

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.

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.

H. 3679 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2105, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator LEVENTIS explained the Resolution.

On motion of Senator LEVENTIS, with unanimous consent, H. 3679 was ordered to receive a third reading on Wednesday, April 16, 1997.

H. 3680 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO IMPORTED FIRE ANT QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2112, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator LEVENTIS explained the Resolution.

On motion of Senator LEVENTIS, with unanimous consent, H. 3680 was ordered to receive a third reading on Wednesday, April 16, 1997.

H. 3681 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO TOBACCO PLANT CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2113, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator LEVENTIS explained the Resolution.

On motion of Senator LEVENTIS, with unanimous consent, H. 3681 was ordered to receive a third reading on Wednesday, April 16, 1997.

H. 3704 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF DENTISTRY, RELATING TO EXPANDED DUTY DENTAL ASSISTANTS, MONITOR NITROUS OXIDE ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2154, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator MOORE explained the Resolution.

On motion of Senator MOORE, with unanimous consent, H. 3704 was ordered to receive a third reading on Wednesday, April 16, 1997.

H. 3705 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO ADMINISTRATOR-IN-TRAINING PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2142, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator MOORE explained the Resolution.

On motion of Senator MOORE, with unanimous consent, H. 3705 was ordered to receive a third reading on Wednesday, April 16, 1997.

S. 645 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CONTROLLED SUBSTANCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2162, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator MOORE explained the Resolution.

On motion of Senator MOORE, with unanimous consent, S. 645 was ordered to receive a third reading on Wednesday, April 16, 1997.

S. 133 -- Senator Hayes: A BILL TO AMEND SECTION 44-20-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVOLUNTARY ADMISSION OF A PERSON TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO PROVIDE THAT A SOLICITOR OR AN ASSISTANT SOLICITOR MAY INITIATE A PROCEEDING FOR INVOLUNTARY ADMISSION OF A PERSON IN PROBATE OR FAMILY COURT AND TO AMEND SECTION 44-23-430, RELATING TO A HEARING ON FITNESS TO STAND TRIAL, SO AS TO CHANGE A REFERENCE IN THE SECTION PERTAINING TO JUDICIAL ADMISSION PROCEEDINGS.

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 (KGH\15086CM.97), which was adopted:

Amend the bill, as and if amended, SECTION 1, page 1, by striking SECTION 1 and inserting:

/SECTION   1.   Section 44-20-450(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(A)   Proceedings for the involuntary admission of a person with mental retardation or a related disability to the services of the department may be initiated by the filing of a verified petition with the probate or the family court by:

(1)   the spouse,;

(2)   a relative,;

(3)   the parents,;

(4)   a parent with legal custody,; or

(5)   the legal guardian of the person,;

(6)   by the person in charge of a public or private institution in which the individual is residing at the time,;

(7)   or by the director of the county department of social services of the county in which the person resides.; or

(8)   a solicitor or an assistant solicitor pursuant to Section 44-23-430(2).

Upon filing of the petition, the judge shall set a date for a hearing on it and ensure that the client has an attorney who represents him. The parents, parent with legal custody, spouse, guardian, or nearest known relative of the person alleged to have mental retardation or a related disability and in whose behalf the petition has been made and in the discretion of the court, the individual alleged to have mental retardation or a related disability and the department must be served by the court with a written notice of the time and place of the hearing, together with a written statement of the matters stated in the petition. If no parent, spouse, legal guardian, or known relative of the person alleged to have mental retardation or a related disability is found, the court shall appoint a guardian ad litem to represent the person alleged to have mental retardation or a related disability, and the notice must be served upon the guardian. If the parent, spouse, guardian, or known relative of the person alleged to have mental retardation or a related disability is found, he must be notified of the right to an attorney at the hearing."/

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

S. 285 -- Senators Alexander and J. Verne Smith: A BILL TO AMEND CHAPTER 8, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "UNIFORM TRADE SECRETS ACT", SO AS TO, AMONG OTHER THINGS, CHANGE THE NAME AND SCOPE OF THE CHAPTER TO THE "SOUTH CAROLINA TRADE SECRETS ACT", CHANGE THE DEFINITION OF VARIOUS TERMS, ADD NEW DEFINITIONS, AND ADD CERTAIN PROVISIONS OF LAW.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.

The Committee on Labor, Commerce and Industry proposed the following amendment (BBM\9262JM.97), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION   1.   Chapter 8 of Title 39 of the 1976 Code, as added by Act 437 of 1992, is amended to read:

Section 39-8-1.As used in this chapter, unless the context requires otherwise:

(1)   "Improper" means includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.

(2)   "Misappropriation" means:

(i)   acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

(ii)   disclosure or use of a trade secret of another without express or implied consent by a person who

(A)   used improper means to acquire knowledge of the trade secret; or

(B)   at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was

(I)   derived from or through a person who had utilized improper means to acquire it;

(II)   acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

(III)   derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

(C)   before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

(3)   "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

(4)   "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process that:

(i)   derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and

(ii)   is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Section 39-8-2.   (a)   Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.

(b)   In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.

(c)   In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.

Section 39-8-3.   (a)   Except to the extent that a material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.

(b)   If wilful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a).

Section 39-8-4.   If (i) a claim of misappropriation is made in bad faith, (ii) a motion to terminate an injunction is made or resisted in bad faith, or (iii) wilful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.

Section 39-8-5.   In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding hearings in camera, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.

Section 39-8-6.   An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.

SECTION 39-8-7.   (a) Except as provided in subsection (b), this chapter displaces conflicting tort, restitutionary, and other law of this State providing civil remedies for misappropriation of a trade secret.

(b)   This chapter does not affect:

(1)   contractual remedies, whether or not based upon misappropriation of a trade secret;

(2)   other civil remedies that are not based upon misappropriation of a trade secret, including, but not limited to, any civil action brought in the state or federal courts alleging product liability;

(3)   criminal sanctions, whether or not based upon misappropriation of a trade secret; or

(4)   the provisions of Act 463 of 1986 (South Carolina Tort Claims Act).

Section 39-8-8.   This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

Section 39-8-9.   This chapter may be cited as the Uniform Trade Secrets Act.

Section 39-8-10.   If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are severable.

Section 39-8-11.   This chapter does not apply to a misappropriation occurring before the effective date. With respect to a continuing misappropriation that began before the effective date, the chapter also does not apply to the continuing misappropriation that occurs after the effective date.

Section 39-8-10.   This chapter may be cited as the 'South Carolina Trade Secrets Act'.

Section 39-8-20.   As used in this chapter, unless the context requires otherwise:

(1)   'Improper means' include theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, duties imposed by the common law, statute, contract, license, protective order, or other court or administrative order, or espionage through electronic or other means.

(2)   'Misappropriation' means:

(a)   acquisition of a trade secret of another by a person by improper means;

(b)   acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

(c)   disclosure or use of a trade secret of another without express or implied consent by a person who:

(i)   used improper means to acquire knowledge of the trade secret; or

(ii)   at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:

(A)   derived from or through a person who had utilized improper means to acquire it;

(B)   acquired by mistake or under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

(C)   derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

(iii)   before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

(3)   'Owner' means the person or entity in whom or in which rightful legal or equitable title to the trade secret is reposed.

(4)   'Person' means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

(5)   'Trade secret' means:

(a)   information including, but not limited to, a formula, pattern, compilation, program, device, method, technique, product, system, or process, design, prototype, procedure, or code that:

(i)   derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by the public or any other person who can obtain economic value from its disclosure or use, and

(ii)   is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

(b)   A trade secret may consist of a simple fact, item, or procedure, or a series or sequence of items or procedures which, although individually could be perceived as relatively minor or simple, collectively can make a substantial difference in the efficiency of a process or the production of a product, or may be the basis of a marketing or commercial strategy. The collective effect of the items and procedures must be considered in any analysis of whether a trade secret exists and not the general knowledge of each individual item or procedure.

Section 39-8-30.   (A)   A trade secret endures and is protectable and enforceable until it is disclosed or discovered by proper means.

(B)   Every employee who is informed of or should reasonably have known from the circumstances of the existence of any employer's trade secret has a duty to refrain from using or disclosing the trade secret without the employer's permission independently of and in addition to any written contract of employment, secrecy agreement, noncompete agreement, nondisclosure agreement, or other agreement between the employer and the employee.

(C)   A person aggrieved by a misappropriation, wrongful disclosure, or wrongful use of his trade secrets may bring a civil action to recover damages incurred as a result of the wrongful acts and to enjoin its appropriation, disclosure, use, or wrongful acts pertaining to the trade secrets.

(D)   A contractual duty not to disclose or divulge a trade secret, to maintain the secrecy of a trade secret, or to limit the use of a trade secret must not be considered void or unenforceable or against public policy for lack of a durational or geographical limitation.

(E)   This chapter applies to any and all civil remedies which are based upon misappropriation of a trade secret or upon protection of a trade secret except as provided in Section 39-8-110(B) and (C).

Section 39-8-40.   (A)   A complainant is entitled to recover actual damages for misappropriation of trade secrets. A material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation may render full monetary recovery inequitable and may form the basis for reducing monetary recovery.

(B)   Damages may include both the actual loss caused by misappropriation or the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.

(C)   Upon a finding of wilful, wanton, or reckless disregard of the plaintiff's rights, the court may award separate exemplary damages in an amount not exceeding twice any award made under subsection (A).

Section 39-8-50.   (A)   Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation. Such reasonable period of time shall take into account the average rate of business growth that would have been gained from nonmisappropriated use of the misappropriated trade secret.

(B)   In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.

(C)   In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.

Section 39-8-60.   (A)   In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding hearings in-camera, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.

(B)   In any civil action where discovery is sought of information designated by its holder as a trade secret, before ordering discovery a court shall first determine whether there is a substantial need by the party seeking discovery for the information.

'Substantial need' as used in this section means:

(1)   the allegations in the initial pleading setting forth the factual predicate for or against liability have been plead with particularity;

(2)   the information sought is directly relevant to the allegations plead with particularity in the initial pleading;

(3)   the information is such that the proponent of the discovery will be substantially prejudiced if not permitted access to the information; and

(4)   a good faith basis exists for the belief that testimony based on or evidence deriving from the trade secret information will be admissible at trial.

(C)   Direct access to computer databases containing trade secret information, so-called 'real time' discovery, shall not be ordered by the court unless the court finds that the proponent of the discovery cannot obtain this information by any other means and provided that the information sought is not subject to any privilege.

(D)   Upon motion of the holder of the trade secret information, a court may condition the production of trade secret information on the posting of an appropriate bond.

(E)   Information produced pursuant to this section must be governed by an appropriate written protective order of the court.

(F)   Information produced pursuant to this section may only be disclosed to persons identified in the written protective order of the court and may be used or disclosed only in the action in which it is produced. Litigation-sharing orders pertaining to trade secret information must not be entered by the court.

(G)   A person receiving trade secret information pursuant to this section is subject to the jurisdiction of the courts of this State.

(H)   When information produced pursuant to this section is discussed or otherwise disclosed at a trial or hearing, the owner of the produced trade secret information is allowed to obtain individually signed confidentiality agreements from all parties that are present in the courtroom or are party to any procedures where trade secret information is discussed, presented, or otherwise made known to any party not already under a confidentiality agreement with the trade secret owner.

(I)   All trade secret information and any copies, duplicates, or other writings which reflect or contain the trade secret information, or excerpts therefrom, must be returned to the holder of the trade secrets at the conclusion of the litigation.

(J)   This section applies to any civil action brought within or without this State where discovery is sought of trade secret information present in this State.

Section 39-8-70.   An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.

Section 39-8-80.   If (1) a claim of misappropriation is made in bad faith, (2) a motion to terminate an injunction is made or resisted in bad faith, or (3) wilful misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.

Section 39-8-90.   (A)   A person, with intent to or reason to believe that it will injure an owner and benefit a person other than the owner, shall be fined not more than $100,000 or imprisoned not more than ten years, or both, if he:

(1)   steals, wrongfully appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains trade secrets;

(2)   wrongfully copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys trade secrets;

(3)   receives, buys, or possesses trade secrets, knowing the trade secrets have been obtained by any means described in items (1) or (2);

(4)   attempts to commit any offense described in items (1) through (3);

(5)   wrongfully solicits another to commit any offense described in items (1) through (3); or

(6)   conspires with one or more other persons to commit any offense described in items (1) through (3), and where one of the conspirators performs an act to further the conspiracy.

(B)   In a prosecution for any violation of subsection (A) of this section the court must, pursuant to Section 39-8-100, preserve the secrecy of an alleged trade secret.

Section 39-8-100.   (A)   If the court finds that a trade secret may be disclosed during a criminal proceeding, the court must issue a protective order limiting the use and dissemination of the trade secret including, but not limited to, articles disclosing that secret, provided that the issuance of a protective order would not conceal fraud or work on injustice. The protective order may, in the court's discretion, include the following provisions:

(1)   that the information produced pursuant to this section may be disclosed only to persons identified in the written protective order of the court and may be used or disclosed only in the action in which it is produced;

(2)   that the defendant may view the secret only in the presence of his counsel or at counsel's office;

(3)   that a party seeking to show the trade secret, or articles containing the trade secret, to a person not designated by the protective order must first obtain court approval to do so.

(a)   The court must require that the person receiving the trade secret do so only in the presence of counsel for the party requesting protection.

(b)   The court must require the person receiving the trade secret to sign a copy of the protective order and a confidentiality agreement with the trade secret owner and to agree to be bound by its terms. The order may include a provision recognizing the owner of the trade secret to be a third-party beneficiary of that agreement.

(c)   The court shall require a party seeking disclosure to an expert to provide that expert's name, employment history, and any other relevant information to the court for examination. The court must evaluate the expert and determine whether the expert poses a significant risk of compromise.

(4)   that no articles disclosing the trade secret may be filed or otherwise made a part of the court record available to the public without approval of the court and prior notice to the owner of the secret. The owner of the secret may give permission to accept the notice on the owner's behalf;

(5)   other orders as the court considers necessary to protect the integrity of the trade secret.

(B)   During proceedings where trade secrets may be disclosed, the court may, in its discretion, take other appropriate measures to protect against disclosure of trade secrets.

Section 39-8-110.   (A) Except as provided in subsections (B) and (C), this chapter displaces conflicting tort, restitutionary, and other law of this State providing civil remedies for misappropriation of a trade secret.

(B)   This chapter does not affect:

(1)   contractual remedies, whether or not based upon misappropriation of a trade secret or protection of a trade secret;

(2)   the provisions of the South Carolina Tort Claims Act.

(C)   Any and all other civil remedies that are not based upon misappropriation of a trade secret or upon protection against misappropriation of a trade secret are governed by the rules of procedure, rules of evidence, regulations, and the common law applicable to the administrative law tribunal or court where the action is filed.

Section 39-8-120.   If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are severable.

Section 39-8-130.   This chapter does not apply to a misappropriation occurring before July 1, 1997, or a continuing misappropriation that began before July 1, 1997."

SECTION   2.   This act takes effect upon approval by the Governor./

Amend title to conform.

Senator LEATHERMAN explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

On motion of Senator LEATHERMAN, with unanimous consent, S. 285 was ordered to receive a third reading on Wednesday, April 16, 1997.

S. 472 -- Senators Land and Wilson: A BILL TO AMEND CHAPTER 36, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF OCCUPATIONAL THERAPY, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS TO INCREASE THE BOARD OF OCCUPATIONAL THERAPY FROM FIVE TO SEVEN; REVISE DEFINITIONS; TO AUTHORIZE SANCTIONS FOR PRACTICING WITHOUT A LICENSE; TO PROVIDE FOR A CIVIL PENALTY; TO INCREASE CRIMINAL PENALTIES; TO REQUIRE AN APPLICANT TO BE IN GOOD STANDING WITH THE NATIONAL CERTIFICATION BOARD; AND TO PROVIDE FOR BIENNIAL LICENSURE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.

The Committee on Labor, Commerce and Industry proposed the following amendment (472R001.JVS), which was adopted:

Amend the bill, as and if amended, Section 40-36-10(B), page 10, by deleting lines 29 and 30 and inserting:

/appointment for the unexpired portion of the term. The Governor may/

Amend the bill further, Section 40-36-30, page 12, by striking line 17, and inserting the following:

/assistant without being registered by the board and is guilty of a misdemeanor and, upon conviction for each offense, must be fined not less than one hundred dollars or more than five hundred dollars or be imprisoned for not less than thirty days or more than ninety days, or both. Each day's violation constitutes a separate offense./

Amend the bill further, Section 40-36-240(B)(1), page 16, by deleting lines 21-25 and inserting:

/(1)   examination scores from a board-approved testing service; or

(2)   verification of current certification status from NBCOT or other board-approved certification program if it has been six months or longer since the applicant passed the NBCOT or other board-approved certification program exam./

Amend the bill further, Section 40-36-240(D)(2), page 16, by deleting lines 39-40 and inserting:

/(2)   verification of current certification status from NBCOT or other board-approved certification program./

Amend the bill further, Section 40-36-270(B), page 19, line 38, by adding at the end:

/The fees for a temporary license must be established in regulation./

Amend title to conform.

Senator MOORE explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

On motion of Senator MOORE, with unanimous consent, S. 472 was ordered to receive a third reading on Wednesday, April 16, 1997.

The PRESIDENT assumed the Chair at 12:55 P.M.

S. 489 -- Senator Elliott: A BILL TO AMEND TITLE 40, CHAPTER 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTICIANS INCLUDING INCREASING CONTINUING EDUCATION REQUIREMENTS FROM THREE HOURS TO FOUR HOURS FOR A LICENSED OPTICIAN AND AN ADDITIONAL HOUR FOR AN OPTICIAN ALSO LICENSED TO DISPENSE CONTACT LENSES.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.

The Committee on Labor, Commerce and Industry proposed the following amendment (JIC\6004AC.97), which was adopted:

Amend the bill, as and if amended, Section 40-38-10(A), page 11, line 36 and page 12, line 7 after /Governor/ by inserting:

/with the advice and consent of the Senate/.

Amend further, Section 40-38-10(B), page 12, by deleting lines 9-12 and inserting:

/their successors are appointed and qualify./

Amend further, Section 40-38-20, page 12, by deleting items (2) and (3) contained on lines 27-32 and inserting:

/(2)   'Apprentice' means a qualified person registered by the board who is working under the supervision of a licensed optician, optometrist, or opthalmologist and who is being trained in the practice of opticianry;

(3)   'Board' means the South Carolina Board of Examiners in Opticianry; and

(4)   'Direct supervision' means, with regard to a supervisee, the licensed optician must be on the premises at all times./

Amend further, Section 40-38-280, page 18, by deleting lines 11 and 12 and inserting:

/optician maintains a written record. Contact lenses may be dispensed only in accordance with Section 40-38-270./

Amend further, Section 40-38-300, page 18, by deleting subsection (B) as contained on lines 24 through 30 and inserting:

/(B)   Notwithstanding any other provision of law, an optician may delegate tasks to assistants working under his direct supervision. However, under no circumstances may an assistant be allowed to perform a contact lens fitting. Nothing in this section precludes an optician who is supervising an assistant from being absent from the practice for reasonable periods during the working day including, but not limited to, lunch or other customary, practice-related absences; however, no contact lenses may be dispensed during the optician's absence./

Amend further, Section 40-38-310, page 18, lines 33 and 37, after /disseminated/ by inserting /any/.

Amend title to conform.

Senator MOORE explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

On motion of Senator LEVENTIS, with unanimous consent, S. 489 was ordered to receive a third reading on Wednesday, April 16, 1997.

S. 200 -- Senators Courtney, Holland, Land, Peeler, Rankin, Alexander, Martin, McGill, Waldrep, Lander, O'Dell, Reese, Rose, Glover, Ford, Thomas, Fair, Anderson, Washington and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-440 SO AS TO ENACT THE "PATIENT ACCESS TO OPTOMETRIC PRIMARY EYE CARE ACT" BY ESTABLISHING PARAMETERS WITHIN WHICH HEALTH CARE INSURERS THAT OFFER PRIMARY EYE CARE MUST PROVIDE THIS COVERAGE AND TO PROVIDE AN EQUITABLE REMEDY WHEN THERE ARE VIOLATIONS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.

Senator COURTNEY proposed the following amendment (200I001.CTC), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION   1.   This act may be cited as the "South Carolina Eye Care Services Act."

SECTION   2.   The 1976 Code is amended by adding:

"Section 38-71-440(A) As used in this section:

(1)   'Health benefit plan' means any public or private health plan implemented in this State that provides medical eye care and/or vision care benefits to covered persons including payments and reimbursements.

(2)   'Ophthalmologist" means a physician licensed pursuant to Title 40, Chapter 47 and who practices in South Carolina and who specializes in medical and surgical care of the eye and visual system and routine vision care.

(3)   'Optometrist' means a doctor of optometry licensed pursuant to Title 40, Chapter 37 who is engaged in the practice of optometry in South Carolina.

(B)   No health maintenance organization or health benefit plan which maintains or contracts with a network of ophthalmologists and/or optometrists to provide medical eye care and/or vision care benefits shall prohibit a participating optometrist from performing medical services within that optometrist's scope of practice as set forth in Title 40, Chapter 37, in accordance with the terms of the health maintenance organization or health benefit plan and in accordance with Subsections (C) and (I).

(C)   No health maintenance organization or health benefit plan which maintains or contracts with a network of ophthalmologists and/or optometrists to provide medical eye care and/or vision care benefits, excepting all self-funded health benefit plans as defined under the Federal Employee Retirement Income Security Act (ERISA) of 1974, shall discriminate against optometry, as a class, or ophthalmology, as a class, with respect to the terms, conditions, privileges and opportunity of participation or compensation for the same eye care services provided hereunder.

(D)   No health benefit plan or health maintenance organization shall impose on optometry, as a class, any condition or restriction which is not necessary for the delivery of services and/or materials in accordance with and subject to the Optometric Practice Act.

(E)   Any health maintenance organization or health benefit plan may contract for vision care benefits or medical eye care benefits or both. A health maintenance organization or health benefit plan my contract for surgery only services with ophthalmologists. A health maintenance organization or health benefit plan shall be authorized to contract with optometrists and ophthalmologists as either individual panelists or network panelists.

(F)   Nothing in this section shall be construed to limit, expand, or otherwise affect the Optometric Practice Act as to the scope of practice of optometrists and therapeutically certified optometrists.

(G)   Nothing in this section shall be construed to preclude a covered person from receiving emergency medical eye care or to preclude a primary care physician from providing treatment for covered services in accordance with the terms of a health maintenance organization or health benefit plan.

(H)   Nothing in this section shall be construed to mandate that any service be covered.

(I)   Nothing in this section shall be construed to prohibit a health maintenance organization or health benefit plan from professionally credentialing and evaluating all individual optometrists or ophthalmologists within a network or plan in a non-discriminatory manner. Nothing in this section shall be construed to prohibit any health maintenance organization or health benefit plan from limiting the number of optometrists or ophthalmologists in a non-discriminatory manner or to prohibit a health maintenance organization or health benefit plan from negotiating individually with optometrists or ophthalmologists for individual rates and eye care services in a non-discriminatory manner.

(J)   Any person aggrieved by a violation of this section may file a complaint with the Department of Insurance. After notice to the health maintenance organization or health benefit plan and an opportunity for it to submit a written response to the complaint, the Director of the Department must make a written determination regarding the complaint. Any party aggrieved by the director's determination is entitled to administrative and judicial review pursuant to Article 3, Chapter 23, Title 1. The director or the Administrative Law Judge, if a hearing before the Administrative Law Judge Division is requested, may impose such sanctions as are authorized under current insurance laws if a violation of this section is found to have occurred.

SECTION   3.   This act takes effect 180 days after signature by the Governor; provided, however, that existing contracts must comply with the requirements of this act at their next renewal date."

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

On motion of Senator COURTNEY, with unanimous consent, S. 200 was ordered to receive a third reading on Wednesday, April 16, 1997.

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.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3675 -- Reps. Cobb-Hunter, Stuart, Felder and Sharpe: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 301 IN ORANGEBURG COUNTY FROM INTERSTATE HIGHWAY 26 TO UNITED STATES HIGHWAY 178 BYPASS IN HONOR OF THE HONORABLE MARSHALL BURNS WILLIAMS.

Senator HUTTO explained the Resolution.

The question then was the adoption of the Concurrent Resolution.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Anderson                  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                    Ravenel
Reese                     Rose                      Russell
Ryberg                    Saleeby                   Setzler
Short                     J. Verne Smith            Thomas
Waldrep                   Washington                Williams
Wilson

The Concurrent Resolution was adopted, ordered returned to the House.

The following Bill was carried over:

S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.

On motion of Senator SALEEBY, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

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 THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY AND MUNICIPAL GOVERNMENTS TO RAISE AND EXPEND REVENUE SO AS TO SPECIFY THE PROCEDURES THAT MUST BE FOLLOWED. (ABBREVIATED TITLE)

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.

On motion of Senator DRUMMOND, the Bill was carried over with Senator LEVENTIS retaining the floor.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDER.

S. 47 -- Senators Holland and Giese: A BILL TO ENACT THE DRUG-INDUCED CRIME PREVENTION AND PUNISHMENT ACT OF 1997 BY AMENDING SECTION 44-53-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF CONTROLLED SUBSTANCES, SO AS TO RESCHEDULE FLUNITRAZEPAM, ALSO KNOWN AS ROHYPNOL OR "THE DATE RAPE DRUG", AS A SCHEDULE III CONTROLLED SUBSTANCE; BY AMENDING SECTION 44-53-370, AS RELATING TO DRUG OFFENSES, SO AS TO CREATE THE OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A CRIME AGAINST THAT INDIVIDUAL AND ESTABLISH APPROPRIATE PENALTIES; AND BY AMENDING SECTION 16-1-90, RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THIS OFFENSE AS A FELONY.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator McCONNELL spoke on the Bill.

On motion of Senator DRUMMOND, with unanimous consent, consideration was interrupted by adjournment with Senator McCONNELL retaining the floor.

On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Louise Tarrer Connelly of Irmo, S.C.

At 1:43 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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