Corrected--Not Reprinted 5/30/97
Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, the Phillips' translation of the words of St. Paul to the Corinthians gives us a vernacular rendering of the meaning of his words in plain English, II Corinthians, Chapter 9 (v.8):

"After all, God can give you everything that

you need, so that you may always have sufficient

both for yourselves and for giving

away to other people."
Let us pray.

O God, our Father, our people and You have entrusted the power to make far-reaching decisions and give guidance to many.

In the quiet of this prayer-period we lift up our hearts in gratitude for the limited victories to which You have brought us in our tortuous deliberations.

Help us to pursue our unfinished tasks with vigor and determination, and a kindly charity that enables us to help carry each others' burdens.

Do not let us falter on the way.

We remember the prayer of the man of God in olden times, "I will lift up my prayer in the morning."

Amen.

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

The following were received and referred to the appropriate committees for consideration:

Document No. 2171
Promulgated by Department of Health and Environmental Control
Standards of Performance for Asbestos Projects
Received by Lt. Governor May 21, 1997
Referred to Senate Committee on Medical Affairs
120 day review expiration date September 18, 1997

Document No. 2189
Promulgated by Department of Public Safety, Division of Motor Vehicles
Release of Licensing and Registration Information
Received by Lt. Governor May 21, 1997
Referred to Senate Committee on Judiciary
120 day review expiration date September 18, 1997

Document No. 2190
Promulgated by Department of Public Safety, Highway Patrol
Window Tinting
Received by Lt. Governor May 21, 1997
Referred to Senate Committee on Judiciary
120 day review expiration date September 18, 1997

Senator LEVENTIS introduced Dr. Clarence Coker, Jr. of Manning, S.C., Doctor of the Day.

At 12:15 P.M., Senator WASHINGTON requested a leave of absence for the balance of the day.

H. 4088 -- Rep. Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNS AT EXIT 68 ON INTERSTATE HIGHWAY 20 IN RICHLAND COUNTY THAT INFORM MOTORISTS THAT THE SOUTH CAROLINA FIRE ACADEMY MAY BE ACCESSED FROM THIS EXIT.

Senator O'DELL asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

On motion of Senator O'DELL, with unanimous consent, the Resolution was ordered placed on the Calendar.

H. 3663 -- Reps. Wilkins, Haskins, Harrison, J. Brown, Sharpe, Townsend, Cato, H. Brown and D. Smith: A BILL TO AMEND SECTION 10-1-163, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT ALL PORTRAITS, FLAGS, BANNERS, MONUMENTS, STATUES, AND PLAQUES WHICH MAY BE REMOVED FROM THE STATE HOUSE DURING RENOVATIONS BE RETURNED TO THEIR ORIGINAL LOCATIONS WHEN THE STATE HOUSE IS REOCCUPIED, SO AS TO AUTHORIZE THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE TO APPROVE THE LOCATION OF THESE ITEMS IN THEIR RESPECTIVE CHAMBERS AND PROVIDE THAT THE LOCATION OF THESE ITEMS LOCATED OUTSIDE OF THE RESPECTIVE CHAMBERS MUST NOT BE CHANGED UNLESS APPROVED BY AN ACT PASSED BY THE GENERAL ASSEMBLY.

Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

On motion of Senator HOLLAND, with unanimous consent, the Bill was ordered placed on the Calendar.

H. 3499 -- Reps. Knotts, Whatley, Cobb-Hunter, Neal, Kennedy, Govan, Lanford, Fleming, Simrill, Bailey, Altman, Stille, Harrell, Young, Sandifer, McCraw, Clyburn, Wilkins, Scott, Chellis, Davenport, Harrison, D. Smith, Riser, Webb, Barrett, Tripp, Klauber, J. Smith, Keegan, Delleney, Bauer, Campsen, Hawkins, McMaster and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-45 SO AS TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER RESPONDS TO A DISTRESS CALL IN A NEIGHBORING JURISDICTION, THE AUTHORITY, RIGHTS, PRIVILEGES, AND IMMUNITIES THAT APPLY TO AN OFFICER WITHIN THE JURISDICTION IN WHICH HE IS EMPLOYED, ARE EXTENDED TO AND INCLUDE THE NEIGHBORING JURISDICTION.

Senator BRYAN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

On motion of Senator BRYAN, with unanimous consent, the Bill was ordered placed on the Calendar.

H. 4184 -- Reps. Wilkins, Haskins, Harrison, J. Brown, H. Brown, Townsend, Sharpe and Cato: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 5, 1997, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 17, 1997, AND TO CONTINUE IF NECESSARY UNTIL WEDNESDAY, JUNE 18, 1997, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON WEDNESDAY, JUNE 18, 1997, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

Senator MOORE asked unanimous consent to make a motion to recall the Resolution from the Chairmen's Committee.

There was no objection.

Senator MOORE asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question being the adoption of the Resolution.

Senator MOORE explained the Resolution.

Senator MOORE proposed the following Amendment No. 1 (4184R002.GFM), which was adopted:

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

/Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory sine die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 5, 1997, under the following terms and conditions:

(A)   When each house adjourns on Thursday, June 5, 1997, to adjourn not later than 5:00 p.m., it shall stand adjourned to meet in statewide session at 11:00 a.m. on Tuesday, June 17, 1997, and to continue in statewide session, if necessary, not later than 5:00 p.m. on Wednesday, June 18, 1997, for consideration of the following matters:

(1)   a joint session of the General Assembly to be held at 12:00 noon on Tuesday, June 17, 1997, for the purpose of holding elections, if and only if a separate concurrent resolution for each election is adopted by the House and Senate scheduling an election for the specified date and time for each of the office(s) to be elected;

(2)   gubernatorial vetoes;

(3)   consideration and confirmation of appointments;

(4)   ratification of acts;

(5)   local legislation which has the unanimous consent of the affected delegation;

(6)   receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees and messages pertaining to such reports and appointments; and

(7)   resolutions expressing sympathy or congratulations; and

(8)   legislation to continue appropriation authorizations and necessary provisos of Act 458 of 1996 beyond June 30, 1997.

(B)   Each house may also provide for local session days during the period between June 5, 1997, and June 17, 1997, for consideration of local legislation which has the unanimous consent of the affected delegation.

(C)   Notwithstanding the first paragraph of Section (A) of this resolution, the President Pro Tempore and the Speaker of the House of Representatives, upon mutual agreement, are authorized to convene their respective bodies in statewide session on one or more of the days between June 5, 1997, and June 17, 1997, if deemed necessary to take up any of the matters which are authorized to be considered by Section (A) of this resolution.

(D)   The President Pro Tempore and the Speaker may ratify acts at a mutually convenient time between June 5, 1997, and June 17, 1997.

(E)   When each house adjourns not later than 5:00 p.m. on Wednesday, June 18, 1997, the General Assembly shall stand adjourned sine die./

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House of Representatives with amendments.

The following were introduced:

S. 795 -- Senators Saleeby and Leventis: A CONCURRENT RESOLUTION TO URGE THE FEDERAL RESERVE TO MAINTAIN ITS PROCESSING CENTER IN COLUMBIA, SOUTH CAROLINA, AND TO CONSOLIDATE SERVICES INTO THE COLUMBIA OFFICE BECAUSE OF ITS DEMONSTRATED EFFICIENT OPERATION AND ITS ESTABLISHED AND HIGHLY QUALIFIED EMPLOYEES RATHER THAN RELOCATING THE CENTER TO CHARLOTTE, NORTH CAROLINA.

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

S. 796 -- Senators Wilson, Setzler, Ryberg and Lander: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA SENATE FOR THE DISTINGUISHED CAREER OF SERVICE OF FOREST K. ABBOTT ON THE RICHLAND-LEXINGTON AIRPORT COMMISSION ON THE OCCASION OF HIS RETIREMENT.

The Senate Resolution was adopted.

S. 797 -- Senator Drummond: A SENATE RESOLUTION TO COMMEMORATE THE CENTENNIAL CELEBRATION OF GREENWOOD COUNTY AND EXTEND BEST WISHES TO THE CITIZENS OF THIS GREAT SOUTH CAROLINA COUNTY ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY ON JUNE 3, 1997.

The Senate Resolution was adopted.

S. 798 -- Senator Anderson: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND REVEREND STEPHEN SAMUEL LOMAX FOR HIS DEDICATION AND DEVOTION TO THE CHRISTIAN COMMUNITY IN GREENVILLE COUNTY ON THE OCCASION OF A CELEBRATION HONORING HIS TWENTY YEARS OF SERVICE IN THE MINISTRY.

The Senate Resolution was adopted.

S. 799 -- Senator Leventis: A CONCURRENT RESOLUTION CONGRATULATING LEROY A. THOMPSON, JR., OF SUMTER ON BEING SELECTED TO RECEIVE THE "OUTSTANDING STATE EMPLOYEE AWARD" FOR 1997 AND COMMENDING HIM FOR HIS DEDICATION AS A STATE WORKER AND FOR HIS OUTSTANDING ABILITIES.

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

S. 800 -- Senators Setzler, Lander, Ryberg and Wilson: A CONCURRENT RESOLUTION TO COMMEND MRS. BETTY BAIRD OF BATESBURG FOR HER MANY YEARS OF DISTINGUISHED SERVICE AS LEXINGTON COUNTY EXTENSION AGENT WITH CLEMSON EXTENSION SERVICE UPON THE OCCASION OF HER RETIREMENT.

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

H. 3591 -- Reps. Harrison, D. Smith, Limbaugh, Wilkins, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Bowers, G. Brown, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Harrell, Harvin, Haskins, Hawkins, Hinson, Jennings, Jordan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Maddox, Mason, McCraw, McKay, McMaster, Neilson, Phillips, Quinn, Rice, Riser, Robinson, Sandifer, Seithel, Sharpe, Simrill, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilkes, Witherspoon, Woodrum, Young, Young-Brickell and Martin: A BILL TO AMEND TITLE 28, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMINENT DOMAIN, BY ADDING CHAPTER 4 SO AS TO ENACT THE "SOUTH CAROLINA PROPERTY RIGHTS ACT".

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

H. 4150 -- Reps. Jennings and Kinon: A BILL TO REPEAL ACT 524 OF 1996 RELATING TO THE MARLBORO COUNTY ECONOMIC DEVELOPMENT BOARD.

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

H. 4197 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO AREA VOCATIONAL CENTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2128, 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.

H. 4198 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CHARTER SCHOOLS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2164, 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.

H. 4219 -- Rep. Klauber: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN GREENWOOD COUNTY SO AS TO REVISE CERTAIN PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE SHOWN.

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

H. 4236 -- Reps. McMahand and F. Smith: A CONCURRENT RESOLUTION COMMENDING DR. C. STEPHEN SANDERS OF GREENVILLE COUNTY FOR HIS OUTSTANDING AND DEDICATED TWO YEARS OF SERVICE AS PRESIDENT OF THE BAPTIST MINISTERS FELLOWSHIP OF GREENVILLE AND VICINITY.

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

H. 4238 -- Reps. Spearman, Allison, Byrd, Cobb-Hunter, Gamble, Hinson, Lee, Martin, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Parks, Rodgers, Seithel, Stuart and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING PHYLLIS O. BONANNO ON HER APPOINTMENT AS THE FIFTEENTH PRESIDENT OF COLUMBIA COLLEGE AND ON BECOMING THE FIRST WOMAN PRESIDENT IN THE COLLEGE'S HISTORY.

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

H. 4243 -- Reps. Wilkins, Haskins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young, Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. ANN B. MARTIN OF MCCORMICK UPON BEING NAMED FEMALE STATE EMPLOYEE OF THE YEAR BY THE SOUTH CAROLINA STATE EMPLOYEES ASSOCIATION.

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

H. 4253 -- Reps. Neilson, Stuart and Rhoad: A CONCURRENT RESOLUTION EXPRESSING THE GRATITUDE AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO KELLER H. BARRON FOR HER PIONEERING WORK IN BETTERING THE QUALITY OF LIFE FOR THE AGING AND ELDERLY DURING HER TENURE AS RESEARCH DIRECTOR FOR THE JOINT LEGISLATIVE COMMITTEE ON AGING.

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

H. 4257 -- Rep. Govan: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE CLASS OF 1947 OF WILKINSON HIGH SCHOOL FORMERLY OF ORANGEBURG COUNTY ON THE OCCASION OF THEIR FIFTIETH HIGH SCHOOL REUNION.

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

H. 4258 -- Reps. Wilkins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young, Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR ESTEEMED AND LEGENDARY UNITED STATES SENATOR, THE HONORABLE STROM THURMOND, ON SURPASSING ANOTHER LONGEVITY RECORD BY BECOMING THE LONGEST-SERVING SENATOR IN THE HISTORY OF THE UNITED STATES.

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

Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 345 -- Senators Leatherman and Giese: A BILL TO AMEND TITLE 48, CHAPTER 27, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF FORESTERS, 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 AMONG OTHER THINGS TO ESTABLISH MAXIMUM LIMITS ON FINES AND IMPRISONMENT FOR VIOLATIONS, TO REVISE EDUCATIONAL REQUIREMENTS FOR LICENSURE, AND TO REQUIRE A WRITTEN CONTRACT BE EXECUTED TO PERFORM SERVICES CONSIDERED THE PRACTICE OF FORESTRY.

Ordered for consideration tomorrow.

Columbia, S.C., May 29, 1997

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Klauber, McCraw and Bailey of the Committee of Conference on the part of the House on:
H. 3317 -- Reps. Bailey, Young-Brickell, Allison, Altman, Askins, Barfield, Barrett, Battle, Bauer, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Carnell, Cato, Chellis, Cobb-Hunter, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, Hinson, Inabinett, Jordan, Keegan, Kennedy, Kinon, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Limehouse, Littlejohn, Lloyd, Maddox, Martin, Mason, McCraw, McLeod, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Webb, Whatley, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-405 SO AS TO PROVIDE REIMBURSEMENT TO A MUNICIPALITY OR OTHER GOVERNMENTAL ENTITY FOR COSTS EXPENDED ON A LAW ENFORCEMENT OFFICER ATTENDING THE MANDATORY TRAINING PROGRAM REQUIRED PURSUANT TO THE PROVISIONS OF CHAPTER 6, TITLE 23.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 28, 1997

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3744 -- Rep. Wilkins: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER FOR FUTURE LEGISLATION CONCERNING DRUG IMPAIRED INFANTS AND THE TREATMENT METHODS, COMMITMENT PROCEDURES, AND THE PROSECUTION OF MOTHERS OF DRUG IMPAIRED INFANTS, AND ALL OTHER RELATED ISSUES CONCERNING DRUG IMPAIRED INFANTS AND THEIR MOTHERS.
Very respectfully,
Speaker of the House

On motion of Senator MOORE, the Senate insisted upon its amendments to H. 3744 and asked for a Committee of Conference.

Whereupon, the PRESIDENT Pro Tempore appointed Senators ROSE, SHORT and WASHINGTON of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Columbia, S.C., May 28, 1997

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 269 -- Senators Setzler and Moore: A BILL TO AMEND CHAPTER 7, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION AND LICENSURE OF BARBERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF BARBERS.
Very respectfully,
Speaker of the House

On motion of Senator SETZLER, the Senate insisted upon its amendments to S. 269 and asked for a Committee of Conference.

Whereupon, the PRESIDENT Pro Tempore appointed Senators SETZLER, MOORE and ALEXANDER of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator BRYAN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator BRYAN spoke on the report.

On motion of Senator BRYAN, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT Pro Tempore appointed Senators BRYAN, FAIR and RANKIN to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator BRYAN, the Report of the Committee of Free Conference to S. 483 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 483 -- Senators Fair and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-635 SO AS TO PROVIDE THAT A PERSON ASSAULTING AN EMERGENCY MEDICAL SERVICE WORKER OR A FIREMAN PERFORMING HIS PROFESSIONAL DUTIES IS GUILTY OF A MISDEMEANOR AND TO PROVIDE PENALTIES.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION   1.   The 1976 Code is amended by adding:

"Section 16-3-630.   (A)   As used in this section:

(1)   'Emergency medical service provider' means an individual or employee of a health care provider who provides medical or health care services in the course of his employment or training which includes, but is not limited to, emergency physicians, nurses, emergency medical technicians, paramedics, members of rescue squads, and anyone directed by these individuals.

(2)   'Firefighter' means an employee of a town, city, county, or state fire service including, but not limited to, firefighters, volunteer firefighters, fire investigators, fire inspectors, and any one directed by these individuals.

(3)   'Home healthcare worker' means a licensed nurse who provides health care in a home under the direction of a physician, county or state public health agency, or medical facility.

(B)   A person is guilty of the misdemeanor of assault and battery upon an emergency medical service provider, firefighter, or home healthcare worker and, upon conviction, must be fined not more than one thousand dollars or imprisoned not less than two months nor more than three years, or both, if he knowingly or wilfully resists or obstructs a person listed in subsection (A), or commits an assault on a person listed in subsection (A), in the lawful discharge of that person's official duties and the resistance, obstruction, or assault is unaccompanied by any of the circumstances of aggravation listed in subsection (C).

A person sentenced under this section for a second or subsequent offense shall not have his sentence suspended to less than six months' imprisonment nor shall the person be eligible for parole until after service of six months.

(C)   A person is guilty of the felony of assault and battery of a high and aggravated nature upon an emergency medical service provider, firefighter, or home healthcare worker and, upon conviction, must be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned not less than one year nor more than ten years, or both, if he knowingly or wilfully resists or obstructs a person listed in subsection (A), or commits an assault on a person listed in subsection (A), in the lawful discharge of that person's official duties and the resistance, obstruction, or assault is accompanied by at least one of the following circumstances of aggravation:

(1)   physical injury to a person listed in subsection (A);

(2)   the use of a deadly weapon;

(3)   great disparity in the physical conditions of the parties;

(4)   great disparity in the ages of the parties;

(5)   great disparity in the sizes of the parties; or

(6)   indecent liberties with a female.

As used in this section 'deadly weapon' means any instrument which can be used to inflict death or serious physical injury."

SECTION   2.   If any provision of this section or the application of this section to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this statute which can be given effect without the invalid provision or application, and to this end the provisions of this statute are severable.

SECTION   3.   This act takes effect upon approval by the Governor./

Amend title to conform.

/s/James E. Bryan, Jr.            /s/Stephen P. Lanford, Sr.
/s/Luke E. Rankin                 /s/John L. Scott, Jr.
/s/Michael L. Fair                /s/J.L.M. "Bubba" Cromer
On Part of the Senate.            On Part of the House.

Columbia, S.C., May 29, 1997

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers to:

S. 483 -- Senators Fair and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-635 SO AS TO PROVIDE THAT A PERSON ASSAULTING AN EMERGENCY MEDICAL SERVICE WORKER OR A FIREMAN PERFORMING HIS PROFESSIONAL DUTIES IS GUILTY OF A MISDEMEANOR AND TO PROVIDE PENALTIES.
asks for a Committee of Free Conference, and has appointed Representatives Cromer, Scott and Lanford of the Committee on the part of the House.

Very respectfully,
Speaker

Received as information.

Columbia, S.C., May 29, 1997

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following Bill:
S. 483 -- Senators Fair and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-635 SO AS TO PROVIDE THAT A PERSON ASSAULTING AN EMERGENCY MEDICAL SERVICE WORKER OR A FIREMAN PERFORMING HIS PROFESSIONAL DUTIES IS GUILTY OF A MISDEMEANOR AND TO PROVIDE PENALTIES.
Very respectfully,
Speaker of the House

Received as information.

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

On motion of Senator SETZLER, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator SETZLER spoke on the report.

On motion of Senator SETZLER, the Report of the Committee of Conference to S. 559 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 559 -- Senators Setzler and Bryan: A BILL TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTENT AND GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS, SO AS TO FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES; SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES; SECTION 59-26-30, AS AMENDED, RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH TEACHERS ARE ASSISTED, CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL SECTION 59-26-80 RELATING TO THE EDUCATION ENTRANCE EXAMINATION.
Beg leave to report that they have duly and carefully considered the same and recommend:

that the bill do pass amended as follows:

Strike all after the enacting words and insert therein:

/ SECTION   1.   Section 59-26-10 of the 1976 Code is amended to read:

"Section 59-26-10.   It is the intent of this chapter to provide for a fair, and cohesive, and comprehensive program system for the training, certification, initial employment, and evaluation, and continuous professional development of public educators in this State. The following guidelines, which further constitute the intent of this chapter shall must be adhered to by all state and local officials, agencies, and boards in interpreting and implementing the provisions of this chapter so that the program system provided for herein shall:

(a)   upgrade the standards for educators in this State in a fair, professional, and reasonable manner.;

(b)   assure that prospective teachers have basic reading, mathematics, and writing skills.;

(c)   improve the educator training programs and the evaluation procedures for those programs.;

(d)   insure assure that prospective teachers know and understand their teaching areas and are given assistance toward the achievement of their potential.;

(e)   Enable the use of evaluation standards that will aid in determining whether beginning teachers can apply fundamental teaching skills in the classroom assure that school districts implement a comprehensive system for assisting, developing, and evaluating teachers employed at all contract levels."

SECTION   2.   Section 59-26-20 of the 1976 Code, as last amended by Act 282 of 1992, is further amended to read:

"Section 59-26-20.   The State Board of Education, through the State Department of Education, and the Commission on Higher Education shall:

(a)   develop and implement a plan for the continuous evaluation and upgrading of standards for program approval of undergraduate and graduate education training programs of colleges and universities in this State.;

(b)   adopt policies and procedures which result in visiting teams with a balanced composition of teachers, administrators, and higher education faculties.;

(c)   establish program approval procedures which shall assure that all members of visiting teams to review and approve undergraduate and graduate education programs have attended training programs in program approval procedures within two years prior to service on such teams.;

(d)   render advice and aid to departments and colleges of education concerning their curricula, program approval standards, and results on the examinations provided for in this chapter.;

(e)   adopt program approval standards so that beginning with the 1982-83 school year all colleges and universities in this State that offer undergraduate degrees in education shall require that students successfully complete the basic skills examination that is developed in compliance with this act chapter before final admittance into the undergraduate teacher education program. These program approval standards shall include, but not be limited to, the following:

(1)   A student initially may initially take the basic skills examination during his first or second year in college.

(2)   Students may be allowed to take the examination no more than three four times.

(3)   If a student has not passed the examination, he may not be conditionally admitted to a teacher education program after December 1, 1996. Such admittance shall not exceed one year. If he has not passed the examination within one year of the conditional admittance he shall not continue in the teacher education program. After December 1, 1996, any person who has failed to achieve a passing score on all sections of the examination after two attempts may retake for a third time any test section not passed in the manner allowed by this section. The person shall first complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and provide satisfactory evidence of completion of this required remedial or developmental course to the State Superintendent of Education. A third administration of the examination then may be given to this person. If the person fails to pass the examination after the third attempt, after a period of three years, he may take the examination or any sections not passed for a fourth time under the same terms and conditions provided by this section of persons desiring to take the examination for a third time.

Provided, that in addition to the above approval standards, beginning in 1984-85, additional and upgraded approval standards must be developed, in consultation with the Commission on Higher Education, and promulgated by the State Board of Education for these teacher education programs.

(f)   administer the basic skills examination provided for in this section two three times per a year.;

(g)   report the results of the examination to the colleges, universities, and student in such form that he will be provided specific information about his strengths and weaknesses and given consultation to assist in improving his performance.;

(h)   adopt program approval standards so that beginning with the 1982-83 school year all colleges and universities in this State that offer undergraduate degrees in education shall require that students pursuing courses leading to teacher certification successfully complete one semester of student teaching and other field experiences and teacher development techniques directly related to practical classroom situations.;

(i)   adopt program approval standards whereby each student teacher shall must be evaluated and assisted at least three times by a representative or representatives of the college or university in which the practice student teacher is enrolled. The evaluation instrument to be used shall be the instrument developed for this purpose in compliance with Section 59-26-30 Evaluation and assistance processes shall be locally developed or selected by colleges or universities in accordance with State Board of Education regulations. Processes shall evaluate and assist student teachers based on the criteria for teaching effectiveness developed in accordance with this chapter. All observers college and university representatives who use are involved in the evaluation instrument and assistance process shall receive reliability appropriate training as defined by State Board of Education regulations. The college or university in which the practice student teacher is enrolled shall make available assistance, training, and counseling to the student teacher to overcome the any identified deficiencies.;

(j)   Cooperate with the special project and the Educator Improvement Task Force created by this chapter. the Commission on Higher Education, in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a loan program whereby talented and qualified state residents may be provided loans to attend public or private colleges and universities for the sole purpose and intent of becoming certified teachers employed in the State in areas of critical need. Areas of critical need shall include both rural areas and areas of teacher certification and must be defined annually for that purpose by the State Board of Education. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest canceled if he becomes certified and teaches in an area of critical need. The loan must be canceled at the rate of twenty percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in either an academic critical need area or in a geographic need area. Beginning July 1, 1989, the loan must be canceled at the rate of thirty-three and one-third percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area. In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation of deferment of the loan on time, or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program, if implemented, pursuant to the South Carolina Education Improvement Act, is to be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose that the funds were originally appropriated. Appropriations for loans and administrative costs incurred by the corporation are to be provided in annual amounts, recommended by the Commission on Higher Education, to the State Treasurer for use by the corporation. The select committee shall review the loan program annually and report to the General Assembly.;

(l)(k)   for special education in the area of vision, adopt program approval standards for initial certification and amend the approved program of specific course requirements for adding certification so that students receive appropriate training and can demonstrate competence in reading and writing braille.;

(m)(l)   adopt program approval standards so that beginning with the 1991-92 school year students, who are pursuing a program in a college or university in this State which leads to certification as instructional or administrative personnel, shall complete successfully training and teacher development experiences in teaching higher order thinking skills.;

(n)(m)   adopt program approval standards so that beginning with the 1991-92 school year, programs in a college or university in this State which lead to certification as administrative personnel, must include training in methods of making school improvement councils an active and effective force in improving schools.;

(o)(n)   the Commission on Higher Education in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a Governor's Teaching Scholarship Loan Program to provide talented and qualified state residents loans not to exceed five thousand dollars a year to attend public or private colleges and universities for the purpose of becoming certified teachers employed in the public schools of this State. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest on the loan canceled if he becomes certified and teaches in the public schools of this State for at least five years. The loan is canceled at the rate of twenty percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in a public school. However, beginning July 1, 1990, the loan is canceled at the rate of thirty-three and one-third percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area as defined annually by the State Board of Education. In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation or deferment of the loan on time, or noncompliance by a borrower with the purpose of the loan, the entire unpaid indebtedness plus interest is, at the option of the commission, immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program must be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose of making additional loans. Appropriations for loans and administrative costs must come from the Education Improvement Act of 1984 Fund, on the recommendation of the Commission on Higher Education to the State Treasurer, for use by the corporation. The select committee shall review this scholarship loan program annually and report its findings and recommendations to the General Assembly. For purposes of this item, a 'talented and qualified state resident' includes freshmen students who graduate in the top ten percentile of their high school class, or who receive a combined verbal plus mathematics Scholastic Aptitude Test score of at least eleven hundred and enrolled students who have completed one year (two semesters or the equivalent) of collegiate work and who have earned a cumulative grade point average of at least 3.5 on a 4.0 scale. To remain eligible for the loan while in college, the student must maintain at least a 3.0 grade point average on a 4.0 scale."

SECTION   3.   Section 59-26-30 of the 1976 Code, as last amended by Section 13, Part II, Act 194 of 1989, is further amended to read:

"Section 59-26-30.   The State Board of Education shall:

(a)   Establish a special project under the director who is employed by the Educator Improvement Task Force. Such employees and consultants may be employed by the director as he deems necessary to fulfill the mandates of this chapter. The salary and expenses of the director and other personnel shall be paid out of appropriations for the Department of Education. In considering employment of a director and other personnel, first consideration should be given to persons who have been involved in areas of the testing of teacher and prospective teacher competencies and identification and evaluation of teacher competencies.

(b)   Delegate responsibilities to the director that shall include but not be limited to:

(1)   Development of selection of a basic skills examination in reading, writing and mathematics that is suitable for determining whether students should be fully admitted into an undergraduate teacher education program. The examination shall be designed so that results can be reported in a form that will provide the colleges, universities and student with specific information about his strengths and weaknesses. Procedures, test questions and information from existing examinations shall be used to the maximum extent in the development of the examination. The examination shall be validated in accordance with current legal requirements. The passing score on the examination shall be set at a level that reflects the degree of competency in the basic skills that, in the judgment of the State Board and Task Force, a prospective school teacher reasonably should be expected to achieve.

(2)   Development or selection of South Carolina Teaching Examinations that can measure the cognitive teaching area competencies desired for initial job assignments in typical elementary and secondary schools in this State. The examinations shall contain a minimum amount of common or general knowledge questions. They shall be designed so that results can be reported in a form that will provide a student with specific information about his strengths and weaknesses. Procedures, test questions and information from existing examinations and lists of validated teacher competencies shall be used to the maximum extent in the development of the examinations. An examination that is completely developed by an organization other than the special project may be considered for use as a whole only if the project director and a majority of the members of the Educator Improvement Task Force conclude that the development and maintenance of a specific area test is impractical or would necessitate exorbitant expenses. The examinations shall be validated and ready for use as soon as practical but not later than July 1, 1982. The teaching examinations shall be developed or selected only for those areas in which area examinations of the National Teacher Examinations are not available.

(3)   Develop an observational instrument to be used by the local school district to evaluate a teacher during his provisional year of teaching in that form that the results of the evaluation can be used to inform a teacher of his strengths and weaknesses. The State Board of Education shall cause the instrument to be adapted by not later than the beginning of the 1993-94 school year to require specific performance demonstrations of teaching higher order thinking skills in those subject areas and contexts where the use of these skills is determined to be appropriate. Demonstrations of teaching higher order thinking skills may not be excluded as inappropriate for a subject area or context only on the basis that the students with whom the demonstrations are to be made are at risk of school failure. The instrument including the additional observation statements for teaching higher order thinking skills must be validated in accordance with current legal requirements.

(4)   Report at least once each month to the Educator Improvement Task Force and provide advice and assistance to the Task Force when it is requested.

(5)   Submit all major questions to the Task Force for a decision on each question. When it is impractical to submit a question to the entire Task Force, the director shall consult with the chairman who may provide guidance in the matter.

(6)   Develop a training program for observer reliability in using the instrument developed in subsection (b)(3) and develop policies and procedures to insure that all observers who use the instrument have had the reliability training prior to use of the evaluation instrument.

(7)   Develop an evaluation instrument to be used by colleges and universities to evaluate all student teachers. The instrument must be developed on the basis of acceptable criteria for teaching effectiveness. The instrument must be designed to provide feedback and assistance to the student teacher regarding any identified deficiencies. Not later than the beginning of the 1993-94 school year, the State Board of Education shall adapt the instrument to include observation statements for teaching of higher order thinking skills in those subject areas and contexts where the use of these skills is determined to be appropriate. Demonstrations of teaching higher order thinking skills may not be excluded as inappropriate for a subject area or context only on the basis that the students with whom the demonstrations are to be made are at risk of school failure.

(c)   Cause the basic skills examination, the teacher evaluation instrument and the teaching examinations to be administered on or before July 1, 1982.

(d)   Report the results of the teaching examinations to the student in such form that he will be provided specific information about his strengths and weaknesses. Every effort shall be made to report the results of the area examinations and common examinations to the student in such a form that he will be provided specific information about his strengths and weaknesses.

(e)   Report to each teacher training institution in the State the performance of the institution's graduates on the teaching examinations. The report to the institution shall be in a form that will assist the institution in further identifying strengths and weaknesses in its teacher training programs.

(f)   Award a teaching certificate to any person who successfully completes the scholastic requirements for teaching at an approved college or university and the examination he is required to take for certification purposes.

(g)(1)   Establish procedures whereby all persons who teach with provisional contracts shall receive special assistance in carrying out their duties.

(2)   Establish a staff development program for persons who teach with provisional contracts.

(3)   Establish a procedure whereby each provisional teacher shall be evaluated at least three times each by a representative of the school district. The evaluation instrument to be used shall be the one developed in accordance with this section. All observers who use the instrument shall receive reliability training under the program developed in accordance with this section.

(h)   Establish criteria for an acceptable evaluation instrument to be used by school districts to evaluate persons who are teaching under annual and continuing contracts.

(i)   From the effective date of this chapter, use the specific teaching area examinations of the National Teacher Examinations for certification purposes. The qualifying scores on the area examinations shall be set at the same level at which they are now set. The qualifying scores may be adjusted if new legal requirements or validity studies indicate such adjustments are necessary.

(1)   In an area in which an area teaching examination of the National Teacher Examinations is not available, use the teaching examinations developed in accordance with this section for certification purposes as soon as those examinations are prepared, validated and ready for use.

(2)   From the effective date of this chapter until July 1, 1981, or as soon as the teaching examinations are prepared and validated, use the Common Examinations of the National Teacher Examination for certification in those areas in which area teaching examinations of the National Teacher Examinations are not available. The qualifying score on the common examinations shall be set at the same level at which it is now set. The qualifying score may be adjusted if new legal requirements or validity studies indicate such adjustments are necessary.

(3)   From the effective date of this act until July 1, 1982, or as soon as the teaching examinations are prepared and validated, use the Common Examinations of the National Teacher Examination for certification in those areas in which area teaching examinations of the National Teacher Examinations are not available. The qualifying score on the common examinations shall be set at the same level at which it is now set. The qualifying score may be adjusted if new legal requirements or validity studies indicate such adjustments are necessary.

(j)   Establish procedures whereby each school district shall evaluate periodically in the classroom all certified personnel whose duties include teaching in the classroom. The evaluation instrument to be used in the evaluations must be one that at least meets the criteria established by the State Board of Education as an acceptable instrument. By the beginning of the 1995-96 school year, the State Board of Education shall include in its criteria for an acceptable instrument a requirement that the instrument evaluate teaching higher order thinking skills and problem solving in those subject areas and contexts where the use of these skills is determined to be appropriate. Demonstrations of teaching higher order thinking skills may not be excluded as inappropriate for a subject area or context only on the basis that the students with whom the demonstrations are to be made are at risk of school failure. School districts shall give the results of a teacher's evaluation in writing to the teacher and counsel him concerning his strengths and weaknesses as a teacher. School districts shall use deficiencies identified by the evaluations as a guide to the establishment of individual or group staff development programs.

(k)   Establish and promulgate regulations and procedures whereby course credits that may be applied to the recertification requirements of all public school teachers are earned in courses that are relevant to the area in which the teacher is recertified.

(l)   Provide appropriate office space, equipment and supplies to the Educator Improvement Task Force.

(m)   Provide for the security and integrity of the tests that are administered under the certification program as currently provided by the State Department of Education.

(n)   The special project created by this section shall terminate July 1, 1982, and may not be extended except by a vote of two-thirds of the members of the House present and voting and two-thirds of the members of the Senate present and voting. If any of the implementation dates set forth in this chapter are extended by the General Assembly, the termination date of the special project may be extended for the same length of time by a majority vote of the members of the House and a majority vote of the members of the Senate.

(o)   Award a conditional teaching certificate to any person eligible to hold a teaching certificate who does not qualify for full certification under Item (f) of Section 59-26-30 provided the person has earned a bachelor's degree from an accredited college or university with a major in a certification area for which the Board has determined there exists a critical shortage of teachers and the person has passed the appropriate teaching examination. The Board may renew a conditional teaching certificate annually for a maximum of three years, if the holder of the certificate shows satisfactory progress toward completion of a teacher certification program prescribed by the Board. In part, satisfactory progress shall be such progress that the holder of a conditional certificate should complete the requirements for full certification within three years of being conditionally certified.

(p)   Any person issued a Warrant or Temporary teaching certificate prior to July 1, 1984, who teaches for a period of three years and is recommended for full certification by his most recent school district employer is exempt from all practice teaching requirements.

(A)   In the area of cognitive assessments for teachers and teacher certification, the State Board of Education, acting through the State Department of Education, shall:

(1)   adopt a basic skills examination in reading, writing, and mathematics that is suitable for determining whether students may be admitted fully into an undergraduate teacher education program. The examination must be designed so that results are reported in a form that shall provide colleges, universities, and students with specific information about his strengths and weaknesses. Procedures, test questions, and information from existing examinations must be validated in accordance with current legal requirements. The passing score on the examination shall be set at a level that reflects the degree of competency in the basic skills that, in the judgment of the State Board of Education, a prospective school teacher reasonably is expected to achieve;

(2)   adopt nationally recognized teaching examinations that measure the cognitive teaching area competencies desired for initial job assignments in typical elementary and secondary schools in this State. The examinations shall contain a minimum amount of common or general knowledge questions. They shall be designed so that results are reported in a form that provide a student with specific information about the student's strengths and weaknesses. Procedures, test questions, and information from existing examinations and lists of validated teacher competencies are used to the maximum extent in the development of the examinations. An examination that is completely developed by an organization other than the special project may be considered for use as a whole only if the State Board of Education concludes that the development and maintenance of a specific area test is impractical or would necessitate exorbitant expenses. The examinations must be validated. The teaching examinations must be developed or selected only for those areas in which State Board of Education approved area examinations are not available;

(3)   use nationally recognized specific teaching area examinations approved by the State Board of Education for certification purposes. The qualifying scores on the area examinations shall be set at the same level at which they are now set. The State Board of Education shall examine these levels to determine if adjustments are required. Periodic examinations shall be made to assure the validity of qualifying scores. The qualifying scores may be adjusted if new legal requirements or validity studies indicate the adjustments are necessary. In an area in which an area teaching examination approved by the State Board of Education is not available, the state board shall use the teaching examinations developed in accordance with this section for certification purposes as soon as those examinations are prepared, validated, and ready for use;

(4)   report the results of the teaching examinations to the student in written form that provides specific information about the student's strengths and weaknesses. Every effort must be made to report the results of the area examinations and common examinations in written form that provides specific information about the student's strengths and weaknesses;

(5)   report to each teacher training institution in the State the performance of the institution's graduates on the teaching examinations. The report to the institution must be in a form that assists the institution in further identifying strengths and weaknesses in its teacher training programs;

(6)   provide for the security and integrity of the tests that are administered under the certification program as currently provided by the State Department of Education;

(7)   award a teaching certificate to a person who successfully completes the scholastic requirements for teaching at an approved college or university and the examination he is required to take for certification purposes;

(8)   award a conditional teaching certificate to a person eligible to hold a teaching certificate who does not qualify for full certification under item (7) above provided the person has earned a bachelor's degree from an accredited college or university with a major in a certification area for which the board has determined there exists a critical shortage of teachers, and the person has passed the appropriate teaching examination. The board may renew a conditional teaching certificate annually for a maximum of three years, if the holder of the certificate shows satisfactory progress toward completion of a teacher certification program prescribed by the board. In part, satisfactory progress is the progress that the holder of a conditional certificate should complete the requirements for full certification within three years of being conditionally certified;

(9)   promulgate regulations and procedures whereby course credits that may be applied to the recertification requirements of all public school teachers are earned in courses that are relevant to the area in which the teacher is recertified.

(B)   For purposes of assisting, developing, and evaluating professional teaching, the State Board of Education, acting through the State Department of Education shall:

(1)   adopt a set of state standards for teaching effectiveness which shall serve as a foundation for all processes used for assisting, developing, and evaluating student teachers, as well as teachers employed under induction, provisional, annual, or continuing contracts;

(2)   promulgate regulations to be used by colleges and universities no later than the 1998-99 school year for evaluating and assisting student teachers. Evaluation and assistance programs developed or adopted by colleges or universities shall include appropriate training for all personnel involved in the process. Student teachers shall be provided with guidance and assistance throughout the student teaching assignment, as well as provided with formal written feedback on their performance with respect to state standards for teaching effectiveness;

(3)   promulgate regulations to be used by local school districts no later than the 1998-99 school year for providing formalized induction programs for teachers employed under induction contracts. Induction programs developed or adopted by school districts shall provide teachers with comprehensive guidance and assistance throughout the school year, as well as provide teachers with formal written feedback on their strengths and weaknesses relative to all state standards for teaching effectiveness;

(4)   promulgate regulations to be used by local school districts no later than the 1998-99 school year for conducting formal evaluations of teachers employed under provisional contracts. Formal evaluation processes developed or adopted by school districts shall address legal and technical requirements for teacher evaluation and shall assess typical teaching performance relative to all state standards for teaching effectiveness. Evaluation results must be provided in writing and appropriate assistance must be provided when weaknesses in performance are identified;

(5)   promulgate regulations to be used by local school districts no later than the 1998-99 school year for conducting formal evaluations of teachers employed under annual contracts. Formal evaluation processes developed or adopted by school districts shall address legal and technical requirements for teacher evaluation and shall assess typical teaching performance relative to all state standards for teaching effectiveness. Evaluation results must be provided in writing and appropriate assistance must be provided when weaknesses in performance are identified;

(6)   promulgate regulations to be used by local school districts no later than the 1998-99 school year for conducting evaluations of teachers employed under continuing contracts. Continuing contract teachers must be evaluated at least once every three years. At the discretion of the local school district, evaluations for individual teachers may be formal or informal. Formal evaluation processes developed or adopted by school districts shall address legal and technical requirements for teacher evaluation and shall assess typical teaching performance relative to all state standards for teaching effectiveness. Evaluation results must be provided in writing and appropriate assistance must be provided when weaknesses in performance are identified. Informal evaluations shall be conducted with a goals-based process which requires teachers to accomplish individualized professional development goals. Goals shall be established by the teacher, in consultation with a building administrator and shall be supportive of district strategic plans and school renewal plans;

(7)   promulgate regulations so that, beginning with the 1998-99 school year, all college, university, and school district strategies, programs, and processes for assisting, developing, and evaluating teachers pursuant to this section, must be approved by the State Board of Education. Regulations also shall establish procedures for conducting periodic evaluations of the quality of the strategies, programs, and processes adopted by school districts and institutions of higher education in implementing the provisions of this chapter in order to provide a basis for refining and improving the programs for assisting, developing, and evaluating student teachers and teachers on induction, provisional, annual and continuing contracts; planning technical assistance; and reporting to the General Assembly on the impact of the comprehensive system for training, certification, initial employment, evaluation and continuous professional development of public educators in this State;

(8)   promulgate regulations which establish procedures for the State Department of Education to provide colleges, universities, and school districts with ongoing technical assistance for assisting, developing, and evaluating teachers pursuant to this section;

(9)   promulgate regulations and procedures so that, beginning with the 1998-99 school year or until such time as regulations required by this section become effective and, thereafter, school districts shall report to the State Department of Education teacher evaluation results and teaching contract decisions on an annual basis. The State Department of Education shall maintain this information and make it available to colleges, universities, and school districts upon request;

(10)   beginning with the 1997-98 school year, the Assessments of Performance in Teaching (APT) shall no longer be used to evaluate student teachers. Until such time as regulations pursuant to this section become effective, colleges and universities shall evaluate and assist student teachers in accordance with State Board of Education guidelines; and

(11)   during the 1997-98 school year, the APT shall no longer be required for evaluating induction contract teachers. During this year, if school districts are ready to implement a formal induction program for induction contract teachers, as required by this section, they may do so. If school districts are not ready to implement such a program, they must progress toward developing or adopting a program to be implemented beginning with the 1998-99 school year. In this circumstance, school districts may use the APT. Beginning with the 1998-99 school year, no school district shall use the APT for evaluating induction contract teachers. Until such time as regulations pursuant to this section become effective, school district strategies, programs, and processes for assisting, developing, and evaluating teachers shall be developed, adopted, and implemented in accordance with State Board of Education guidelines."

SECTION   4.   Section 59-26-40 of the 1976 Code is amended to read:

"Section 59-26-40.   A person who receives a teaching certificate as provided in Section 59-26-30 may be employed by any school district under a nonrenewable provisional contract. All school districts shall comply with procedures and requirements promulgated by the Board of Education relating to aid, supervision, and evaluation of persons teaching under a provisional contract. All teachers working under a provisional contract must be paid at least the beginning salary on the state minimum salary schedule.

Each school district shall use the evaluation instrument developed in accordance with Section 59-26-30 to observe all provisional teachers at least three times. The results of the observations must be compiled to constitute an evaluation and must be provided to the teacher in writing. Each school district shall give provisional teachers appropriate advice and assistance to help remedy any deficiencies that are detected by the three required observations. The advice and assistance includes, but is not limited to, state procedures and programs developed in accordance with Section 59-26-30. Following this remediation, those teachers who do not initially perform at the level required by the evaluation instrument must be observed three more times and the results of the observations must be compiled to constitute a second evaluation.

At the end of a one-year provisional contract period, the evaluation must be reviewed by the school district to determine if the provisional teacher has performed at the level required by the evaluation instrument. If the evaluation indicates that the provisional teacher has performed in an adequate manner, the teacher is eligible for an annual contract. If the evaluation indicates that the provisional teacher is deficient in teaching ability, the school district may employ the teacher for an additional year under a provisional contract or the district may terminate his employment. If employment is terminated, another school district may employ him under a new one-year provisional contract. No person may be employed as a provisional teacher for more than two years. This paragraph does not preclude his employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education. During the one-year provisional contract period the employment dismissal provisions of Article 3, Chapter 19, and Article 5, Chapter 25, of Title 59 of the 1976 Code do not apply.

After successful completion of the one-year provisional period, a teacher who is fully certified may be employed by any school district under a one-year annual contract. The decision by the school district to continue a teacher's employment beyond an annual contract must be based on written evaluations conducted at least two times annually using an evaluation instrument that at least meets the criteria established by the State Board of Education for an acceptable instrument. Evaluators shall complete a program of reliability training. School districts shall give the results of a teacher's evaluation in writing to the teacher and counsel him concerning his strengths and weaknesses as a teacher. School districts shall use deficiencies identified by the evaluations of teachers on annual contracts as a guide to the establishment of staff development programs.

A teacher may be employed for a maximum of two years under annual contracts. This paragraph does not preclude his employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education.

The teacher failing to receive the annual or continuing contract must not be employed as a classroom teacher in any public school in this State for a minimum of two years. Prior to reentry as a provisional or annual contract teacher, he must complete six units of credit for certificate renewal and six units of credit for remediation in areas of identified deficiencies. The teacher shall reenter at the contract level which he had attained before dismissal and continue toward the next contract level. The provisions of this paragraph granting an opportunity for reentry into the profession are available to a teacher once, and only once.

A person who receives a conditional teaching certificate as provided in Section 59-26-30 may be employed by a school district under a provisional contract or an annual contract in accordance with the provisions of this section. The holder of a conditional teaching certificate must be employed to teach at least a majority of his instructional time in the subject area for which he has received conditional certification.

After the successful completion of a provisional year and one annual contract, a teacher shall receive a continuing contract and have full procedural rights that currently exist under law relating to employment and dismissal. The provisions of Article 5, Chapter 25, of Title 59 of the 1976 Code and Article 3, Chapter 19, of Title 59 do not apply to teachers working under one-year annual contracts. Teachers working under a one-year annual contract who are not recommended for reemployment at the end of the year may have an informal hearing before the district superintendent. The superintendent shall schedule the hearing no sooner than seven nor later than thirty working days after he receives a request from the teacher for a hearing. At the hearing all of the evidence must be reviewed by the superintendent. The teacher may provide such information, testimony, or witnesses as the teacher considers necessary. The decision by the superintendent must be given in writing within twenty days of the hearing. The teacher may appeal the superintendent's decision to the school district board of trustees. Any appeal shall include a brief statement (1) of the questions to be presented to the board, and (2) wherein the teacher believes the superintendent to have erred in his judgment. Failure to file such an appeal with the board within ten days of the receipt of the superintendent's decision shall cause the decision of the superintendent to become final judgment in the matter. The board of trustees shall review all the materials presented at the earlier hearing and, after examining these materials, the board may or may not grant the request for a board hearing of the matter. Written notice of the board's decision on whether or not to grant the request must be rendered within thirty-five calendar days of the receipt of the request. If the board determines that hearing by the board is warranted, the teacher must be given written notice of the time and place of the hearing which must be set not sooner than seven nor later than fifteen days from the time of the board's determination to hear the matter. The decision of the board is final.

If a person has completed an approved teacher training program at a college or university outside this State and has no teaching experience, he must have the same status as a person who has completed such program at a college or university in this State. If a person has completed an approved teacher training program at a college or university in this State, has passed the examination he is required to take for certification purposes, and has one year of teaching experience, he may be employed by a school district as a provisional teacher. If a person has completed an approved teacher training program at a college or university outside this State, has passed the examination he is required to take for certification purposes, and has more than one year of teaching experience, he may be employed by a school district as one who has completed the one-year provisional period.

When a teacher has been awarded a continuing contract in one district of the State the continuing status is transferable to any other district in the State where the teacher is employed.

Teachers certified under the trades and industrial education certification process are exempt from the provisions of the South Carolina Education Improvement Act of 1984 which require the completion of scholastic requirements for teaching at an approved college or university and a provisional contract period. The teachers may be employed by a school district for a maximum of five years under annual contracts prior to being employed under a continuing contract. Before being employed under a continuing contract these teachers shall pass the Basic Skills Examination developed in accordance with Section 59-26-30(b)(1) the state approved skill examination in their area which is currently required, the teaching examination developed in accordance with Section 59-26-30(b)(2), and successfully complete the performance evaluations as required for all teachers who are employed under provisional contracts. Certification renewal requirements for such teachers are those which are promulgated by the State Board of Education.

Prior to the initial employment of a teacher, the local school district shall request a criminal record history from the South Carolina Law-Enforcement Division for past convictions of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, any crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for the crime of contributing to the delinquency of a minor, contained in Section 16-17-490.

(A)   A person who receives a teaching certificate as provided in Section 59-26-30 may be employed by a school district under a nonrenewable induction contract. All school districts shall comply with procedures and requirements promulgated by the State Board of Education relating to aid, supervision, and evaluation of persons teaching under an induction contract. All teachers working under an induction contract must be paid at least the beginning salary on the state minimum salary schedule.

(B)   Each school district shall provide teachers employed under induction contracts with a formalized induction program developed or adopted in accordance with State Board of Education regulations.

(C)   At the end of the one-year induction contract period, a teacher who successfully completes the induction year, as determined by the local school district, shall become eligible for employment at the annual contract level. A teacher who, in the opinion of the local school district, is not ready for employment at the annual contract level, shall become eligible for employment under a one-year provisional contract. At the discretion of the local school district in which the induction teacher was employed, the district may employ the teacher eligible for an annual contract under a one-year annual contract and may employ the teacher eligible for a provisional contract under a one-year provisional contract or the district may terminate his employment. If employment is terminated, the teacher may seek employment in another school district at the contract level for which the teacher is eligible. No person may be employed as an induction teacher or as a provisional teacher for more than one year. This subsection does not preclude his employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education. During the induction and provisional contract periods, the employment dismissal provisions of Article 3, Chapter 19, and Article 5, Chapter 25 of this title do not apply.

(D)   Provisional contract teachers must be evaluated and assisted with a process developed or adopted by the local school district in accordance with State Board of Education regulations. Teachers employed under a provisional contract must also complete an individualized professional growth plan established by the school or district. Professional growth plans shall be supportive of district strategic plans and school renewal plans. At the end of the provisional contract year if a teacher has successfully completed the formal evaluation process and the professional growth plan, the teacher becomes eligible for employment at the annual contract level. At the discretion of the school district in which the teacher was employed, the district may employ the teacher under an annual contract or terminate his employment. If employment is terminated, the teacher may seek employment in another school district at the annual contract level. If a teacher did not successfully complete the formal evaluation process or the professional growth plan, the teacher shall not be eligible for re-employed as a classroom teacher in any public school in this State until the teacher completes six units of credit for certificate renewal and six units of credit for remediation of identified deficiencies. Upon completion of these requirements, the teacher is eligible for employment under a provisional contract for one more year. This subsection does not preclude his employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education.

(E)   Annual contract teachers must be evaluated and assisted with a process developed or adopted by the local school district in accordance with State Board of Education regulations. Teachers employed under an annual contract must also complete an individualized professional growth plan established by the school or district. Professional growth plans shall be supportive of district strategic plans and school renewal plans.

(F)   At the end of a first annual contract year, if a teacher has successfully completed the evaluation process and it is the opinion of the school district that the teacher's performance during the first annual contract year was sufficiently high based on criteria established by the State Department of Education and the local board of trustees, the teacher becomes eligible for employment at the continuing contract level. At the discretion of the school district in which the teacher is employed, the district may employ the teacher under a continuing contract or terminate the teacher's employment. If employment is terminated, the teacher may seek employment in another school district. At the discretion of the next hiring district, the teacher may be employed at the annual or continuing contract level. If at the end of the first annual contract year a teacher did not successfully complete the evaluation process or if it is the opinion of the school district that the teacher's performance during the first annual contract year was not sufficiently high based on criteria established by the local board of trustees, the teacher is eligible for employment under a second annual contract. At the discretion of the school district, the district may employ the teacher under a second annual contract or terminate his employment. If employment is terminated, the teacher may seek employment in another school district at the annual contract level.

(G)   At the end of a second annual contract year, if a teacher has successfully completed the evaluation process and the professional growth plan, the teacher becomes eligible for employment at the continuing contract level. At the discretion of the school district in which the teacher was employed, the district may employ the teacher under a continuing contract or terminate his employment. If employment is terminated, the teacher may seek employment in another school district at the continuing contract level. If at the end of the second annual contract year a teacher did not successfully complete the evaluation process or the professional growth plan, the teacher may not be employed as a classroom teacher in any public school in this State for a minimum of two years. Prior to reentry as an annual contract teacher, he must complete six units of credit for certificate renewal and six units of credit for remediation in areas of identified deficiencies. Upon completion of these requirements, the teacher is eligible for employment under annual contracts for up to two additional years to continue toward the next contract level. The provisions of this subsection granting an opportunity for reentry into the profession are available to a teacher only once. This subsection does not preclude the teacher's employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education.

(H)   During the annual contract period the employment dismissal provisions of Article 3, Chapter 19 and Article 5, Chapter 25 of this title do not apply. Teachers working under a one-year annual contract who are not recommended for reemployment at the end of the year may have an informal hearing before the district superintendent. The superintendent shall schedule the hearing no sooner than seven nor later than thirty working days after he receives a request from the teacher for a hearing. At the hearing all of the evidence must be reviewed by the superintendent. The teacher may provide such information, testimony, or witnesses as the teacher considers necessary. The decision by the superintendent must be given in writing within twenty days of the hearing. The teacher may appeal the superintendent's decision to the school district board of trustees.

An appeal shall include:

(1)   a brief statement of the questions to be presented to the board; and

(2)   a brief statement in which the teacher states his belief about how the superintendent erred in his judgment.

Failure to file an appeal with the board within ten days of the receipt of the superintendent's decision shall cause the decision of the superintendent to become the final judgment in the matter. The board of trustees shall review all the materials presented at the earlier hearing, and after examining these materials, the board may or may not grant the request for a board hearing of the matter. Written notice of the board's decision on whether or not to grant the request must be rendered within thirty-five calendar days of the receipt of the request. If the board determines that a hearing by the board is warranted, the teacher must be given written notice of the time and place of the hearing which must be set not sooner than seven nor later than fifteen days from the time of the board's determination to hear the matter. The decision of the board is final.

(I)   A person who receives a conditional teaching certificate as provided in Section 59-26-30 may be employed by a school district under a provisional contract or an annual contract in accordance with the provisions of this section. The holder of a conditional teaching certificate must be employed to teach at least a majority of his instructional time in the subject area for which he has received conditional certification.

(J)   After successfully completing an induction contract year, and an annual contract period, a teacher shall become eligible for employment at the continuing contract level. This contract status is transferable to any district in this State. Continuing contract teachers shall have full procedural rights that currently exist under law relating to employment and dismissal. Teachers employed under continuing contracts shall be evaluated at least once every three years. At the discretion of the local district and based on an individual teacher's needs and past performance, the evaluation may be formal or informal. Formal evaluations shall be conducted with a process developed or adopted by the local district in accordance with State Board of Education regulations. The formal process shall also include an individualized professional growth plan established by the school or district. Professional growth plans shall be supportive of district strategic plans and school renewal plans. Informal evaluations which should be conducted for accomplished teachers who have consistently performed at levels required by state standards, shall be conducted with a goals-based process in accordance with State Board of Education regulations. The professional development goals shall be established by the teacher in consultation with a building administrator and shall be supportive of district strategic plans and school renewal plans.

(K)   If a person has completed an approved teacher training program at a college or university outside this State, has met all requirements for certification in this State, and has less than one year of teaching experience, he may be employed by a school district under an induction contract. If he has one or more years of teaching experience, he may be employed by a district under an annual contract.

(L)   Teachers certified under the trades and industrial education certification process are exempt from the provisions of the South Carolina Education Improvement Act of 1984 which require the completion of scholastic requirements for teaching at an approved college or university. After completing an induction contract year, the teachers may be employed for a maximum of one year under a provisional contract and three years under an annual contract or for four years under annual contracts to establish their eligibility for employment as continuing contract teachers. Before being eligible for a continuing contract, these teachers shall pass a basic skills examination developed in accordance with Section 59-26-30, a state approved skill assessment in their area, the teaching examination developed in accordance with Section 59-26-30, and successfully complete the performance evaluations as required for all teachers who are employed under annual contracts. Certification renewal requirements for such teachers are those which are promulgated by the State Board of Education.

(M)   Before the initial employment of a teacher, the local school district shall request a criminal record history from the South Carolina Law Enforcement Division for past convictions of any crime.

(N)   The State Department of Education shall ensure that colleges, universities, school districts, and schools comply with the provisions established in this chapter."

SECTION   5.   Section 59-26-80 of the 1976 Code is repealed.

SECTION   6.   This act takes effect upon approval by the Governor./

/s/Nikki G. Setzler               /s/Ronald Townsend
/s/James Bryan                    /s/Robert Walker
/s/Robert Hayes                   Jesse Hines
On Part of the Senate.            On Part of the House

Renumber sections to conform.

Amend title to conform.

, and a message was sent to the House accordingly.

Columbia, S.C., May 29, 1997

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 559 -- Senators Setzler and Bryan: A BILL TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTENT AND GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS, SO AS TO FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES; SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES; SECTION 59-26-30, AS AMENDED, RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH TEACHERS ARE ASSISTED, CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL SECTION 59-26-80 RELATING TO THE EDUCATION ENTRANCE EXAMINATION.
Very respectfully,
Speaker of the House

Received as information.

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

Columbia, S.C., May 29, 1997

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 207 -- Senators Hayes, Short, Gregory, Thomas, Martin, Russell, Fair, Holland, Lander, Drummond, J. Verne Smith, Wilson, Ryberg and Moore: A BILL TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT REGULATION OF THESE MACHINES, INCLUDING THEIR PROHIBITION, PURSUANT TO THE VIDEO GAMES MACHINES ACT AND ITS COUNTY OPTION PROVISIONS; TO AMEND SECTION 12-21-2791, RELATING TO LIMITATIONS ON PAYOUTS ON MACHINES AS DEFINED UNDER THE VIDEO GAMES MACHINES ACT, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS AND CLARIFY THAT THIS PROVISION IS DIRECTED AT A PERSON; TO AMEND SECTION 12-21-2804, RELATING TO REGULATION OF VIDEO MACHINES, SO AS TO PROVIDE CIVIL PENALTIES FOR MACHINES LOCATED IN COUNTIES WHERE PAYOUTS ARE PROHIBITED, INCLUDING MONETARY PENALTIES, LICENSE REVOCATION, AND SEIZURE OF MACHINES, PROVIDE FOR THESE PENALTIES TO APPLY IMMEDIATELY AND PROVIDE THE SOLE REMEDY FOR THESE PENALTIES; TO AMEND SECTION 12-21-2808, RELATING TO REFERENDUMS ALLOWED IN COUNTIES ON CONTINUING OR PROHIBITING CASH PAYOUTS, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS, DELETE OBSOLETE PROVISIONS, AND MAKE OTHER TECHNICAL REVISIONS; TO AMEND SECTION 12-21-2809, RELATING TO THE PROHIBITIONS ON LICENSING AND LOCATING MACHINES IN NONPAYOUT COUNTIES, SO AS TO DELETE CRIMINAL PENALTIES FOR VIOLATIONS AND SUBJECT VIOLATORS TO THE CIVIL PENALTIES PROVIDED BY THIS ACT AND TO PROVIDE THAT THE PENALTY EXTENDS TO OWNING OR POSSESSING THESE MACHINES; TO PROVIDE THAT COUNTIES IN WHICH A MAJORITY "NO" VOTE WAS CERTIFIED IN THE REFERENDUM PROVIDED PURSUANT TO SECTION 12-21-2806 ARE DEEMED TO HAVE MADE THAT CHOICE PURSUANT TO SECTION 12-21-2808, AS AMENDED BY THIS ACT, WITH AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE PRORATED REFUNDS FOR MACHINES LICENSED IN SUCH COUNTIES; AND TO REPEAL SECTION 12-21-2806, RELATING TO THE INITIAL REFERENDUM ON CONTINUING CASH PAYOUTS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 29, 1997

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3641 -- Rep. Harvin: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 5 AND 6, 1996, BY THE STUDENTS OF CLARENDON COUNTY SCHOOL DISTRICTS 1, 2, AND 3 IN CLARENDON COUNTY FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
and has ordered the Joint Resolution Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

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 House returned the Bill with amendments.

On motion of Senator MOORE, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

H. 3945 -- Reps. Young-Brickell, Cato, Barrett, Woodrum, Seithel, Sandifer, Sheheen, H. Brown, Law, Meacham, Harrell, Chellis, Hamilton, Kinon, Sharpe, Bailey, Witherspoon, Hinson, Littlejohn, Keegan, Harrison and Haskins: A BILL TO AMEND SECTION 38-73-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MERIT RATING SYSTEM FOR WORKERS' COMPENSATION INSURANCE, SO AS TO REQUIRE THE INCLUSION OF A CREDIT OF AT LEAST FIVE PERCENT FOR AN INSURED WHO PARTICIPATES IN A PROGRAM DESIGNED TO PREVENT THE USE OF DRUGS ON THE JOB BY EMPLOYEES OF THE INSURED, PROVIDE FURTHER FOR THE CREDIT TO BE ACTUARIALLY SOUND, PROVIDE FOR THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO ALLOW AND ORDER A CREDIT LESS THAN FIVE PERCENT WHEN THE CREDIT IS DETERMINED NOT TO BE ACTUARIALLY SOUND, PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS AND THE CERTIFICATION OF AN EMPLOYER DRUG PREVENTION PROGRAM, AND PROVIDE FOR RANDOM TESTING PROCEDURES; TO ADD SECTION 41-1-15, SO AS TO PROVIDE FOR WORKPLACE PROCEDURES DESIGNED TO PREVENT DRUGS ON THE JOB; AND PROVIDE THAT WORKERS' COMPENSATION POLICIES ISSUED OR RENEWED ON AND AFTER OCTOBER 1, 1997, SHALL BE GRANTED PREMIUM REDUCTION OF NOT LESS THAN FIVE PERCENT.

The House returned the Bill with amendments.

On motion of Senator McCONNELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

S. 774 -- Senator Washington: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT DIRECTIONAL SIGNS AT LOCATIONS WHICH ARE VISIBLE TO THE MOTORING PUBLIC READING "SUN CITY THIS EXIT" AND THAT THESE SIGNS MUST BE PLACED AT APPROPRIATE LOCATIONS ON INTERSTATE 95 NEAR THE INTERSECTION WITH HIGHWAY 278 IN JASPER COUNTY.

Returned with concurrence.

Received as information.

S. 236 -- Senators McConnell, Passailaigue and Giese: A BILL TO AMEND CHAPTER 9, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; BY ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.

The House returned the Bill with amendments.

Senator McCONNELL proposed the following amendment (JUD0236.004), which was adopted:

Amend the bill, as and if amended, page 4, line 10, in Section 6-9-30, as contained in SECTION 1, by adding a paragraph to read:

/Notwithstanding any provision of any nationally known code adopted pursuant to this chapter, all building officials, inspectors, and assistants appointed or employed to enforce or administer nationally known codes shall be employed at the will of the appointing county or municipality unless the county or municipality provides otherwise./

Amend the bill further, as and if amended, page 4, line 22, in Section 6-9-50, as contained in SECTION 1, by striking /(A)/ and inserting /(A)/.

Amend the bill further, as and if amended, page 4, beginning on line 39, in Section 6-9-50(A), as contained in SECTION 1, by striking line 39 through line 2 on page 5 and inserting therein the following:

/the provisions of the codes referenced in this section which concern the qualification, removal, dismissal, duties, responsibilities of, and administrative procedures for all building officials, deputy building officials, chief inspectors, other inspectors, and assistants do not apply unless they have been adopted by the municipal or county governing body./

Amend the bill further, as and if amended, page 5, line 15, in Section 6-9-50(C)(2), as contained in SECTION 1, by striking /panel/ and inserting /pane with/.

Amend the bill further, as and if amended, page 6, beginning on line 2, in Section 6-9-60(A), as contained in SECTION 1, by striking lines 2 through 6 and inserting therein the following:

/of the codes referenced in this section which concern the qualification, removal, dismissal, duties, responsibilities of, and administrative procedures for all building officials, deputy building officials, chief inspectors, other inspectors, and assistants do not apply unless they have been adopted by the municipal or county governing body. If a county or/.

Amend the bill further, as and if amended, page 6, line 18, in Section 6-9-60(B), as contained in SECTION 1, by striking /an (1)/ and inserting / (1) an/.

Amend the bill further, as and if amended, page 8, beginning on line 31, in Section 6-9-70(B), as contained in SECTION 1, by striking lines 31 through 39 and inserting therein the following:

/if in the opinion of the inspector or official it does not place the public in imminent danger or create an emergency situation. Each day a violation continues is a separate offense if the inspector or official determines the situation places the public in imminent danger or creates an emergency situation. In a situation which does not place the public in imminent danger or create an emergency situation, if in the opinion of the inspector or official no substantial progress is made toward correcting the violation by the end of the seventh calendar day, each day the violation continues thereafter is considered a separate offense./.

Amend the bill further, as and if amended, page 9, beginning on line 12, in Section 6-9-90, as contained in SECTION 1, by striking lines 12 through 14 and inserting therein the following:

/law, the governing body of a county or municipality may impose fees necessary to implement and continue the programs required by this chapter upon a vote of a simple majority of the governing body unless (1) a super majority vote is required by local ordinance, or (2) prior to December 1, 1998, the General Assembly specifically amends, repeals, or otherwise affects this law by direct reference to this section, or (3) after November 30, 1998, the General Assembly provides otherwise by law./

Amend the bill further, as and if amended, page 9, beginning on line 23, in Section 6-9-110, as contained in SECTION 1, by striking Section 6-9-110 in its entirety and inserting therein the following:

/Section 6-9-110.   (A)   In no event may any A county, municipal, or other local ordinance or regulation which requires the purchase or acquisition of a permit, license, or other device utilized to enforce any building standard be construed to does not apply to any a:

(1)   state department, institution, or agency permanent improvement project, construction project, renovation project, or property; or

(2)   school district facility, permanent improvement project, construction project, renovation project, or property which is reviewed and approved by the State Department of Education; except that the State Department of Education or a local school district may direct that the local ordinance or regulation apply to a particular facility, project, or property.

(B)   After successful completion of all requirements, the State Fire Marshal shall certify personnel of the State Engineer's Office of the Budget and Control Board designated by the State Engineer. The certified personnel and deputy state fire marshals, including resident state fire marshals, have exclusive jurisdiction over state buildings, excluding schools, in the exercise of the powers and jurisdictional authority of the State Fire Marshal under Sections 23-9-30, 23-9-40, and 23-9-50./.

Amend the bill further, as and if amended, page 9, beginning on line 42, in Section 6-9-130, as contained in SECTION 1, by striking line 42 through line 2 on page 10 and inserting therein the following:

/building permit."/.

Amend the bill further, as and if amended, beginning on page 12, by striking SECTIONS 4 through 7 in their entirety and inserting therein the following:

/SECTION   4.   The 1976 Code is amended by adding:

"Section 38-7-35.   (A)   Two hundred and fifty thousand dollars of the revenue collected annually pursuant to Section 38-7-30 must be transferred to the Department of Labor, Licensing and Regulation for the purpose of implementing the training, certification, and continuing education program for building codes enforcement officers as provided in Section 6-8-70 and otherwise by law.

(B)   The Department of Labor, Licensing and Regulation shall report annually to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee detailing actual program expenditures including, but not limited to, the number of instructors employed, the number of training sessions conducted, and the number of certifications issued. This report must be submitted to the respective chairmen no later than January fifteenth of each year.

(C)   One hundred thousand dollars of the revenue collected annually pursuant to Section 38-7-30 must be transferred to the Department of Insurance for the purpose of implementing the program as provided in Section 38-75-480.

(D)   Subsection C of this section ceases to be of any force or effect after June 30, 2002."

SECTION   5.   Chapter 75 of Title 38 of the 1976 Code is amended by adding:

Section 38-75-470.   The Director of Insurance shall appoint an advisory committee to the director and the South Carolina Building Codes Council to study issues associated with the development of strategies for reducing loss of life and mitigating property losses due to hurricane, earthquake, and fire. The advisory committee also must consider the costs associated with these strategies to individual property owners. The advisory committee must include:

(1)   one representative from Clemson University involved with wind engineering;

(2)   one representative from an academic institution involved with the study of earthquakes;

(3)   one representative from the Department of Insurance;

(4)   one representative from an insurer writing property insurance in South Carolina;

(5)   one representative from the Department of Commerce;

(6)   one representative from the Federal Emergency Management Association;

(7)   one representative from the Homebuilders Association;

(8)   one representative from the Manufactured Housing Institute of South Carolina;

(9)   one representative from the State Fire Marshal's office;

(10)   two at-large members appointed by the director; and

(11)   two at-large members appointed by the Governor.

Members shall serve for terms of two years and shall receive no per diem, mileage, or subsistence. Vacancies must be filled in the same manner as the original appointment.

Within thirty days after its appointment, the advisory committee shall meet at the call of the Director of Insurance. The advisory committee shall elect from its members a chairman and a secretary and shall adopt rules not inconsistent with this chapter. Meetings may be called by the chairman on his own initiative and must be called at the request of three or more members of the advisory committee. All members shall be notified by the chairman of the time and place of the meeting at least seven days in advance of the meeting. All meetings must be open to the public. At least two-thirds vote of those members in attendance at the meeting shall constitute an official decision of the advisory committee.

Section 38-75-480.   (A)   There is established within the Department of Insurance a loss mitigation grant program. Funds may be appropriated to the grant program, and any funds so appropriated shall be used for the purpose of making grants to local governments or for the study and development of strategies for reducing loss of life and mitigating property losses due to hurricane, earthquake, and fire. Grants to local governments shall be for the following purposes:

(1)   implementation of building code enforcement programs including preliminary training of inspectors; and

(2)   conducting assessments to determine need for and desirability of making agreements to provide enforcement services pursuant to Section 6-9-60.

Funds may be appropriated for a particular grant only after a majority affirmative vote on each grant by the advisory committee.

(B)   The Department of Insurance may make application and enter into contracts for and accept grants in aid from federal and state government and private sources for the purposes of:

(1)   implementation of building code enforcement programs including preliminary training of inspectors;

(2)   conducting assessments to determine need for and desirability of making agreements to provide enforcement services pursuant to Section 6-9-60; and

(3)   study and development of strategies for reducing loss of life and mitigating property losses due to hurricane, earthquake, and fire."

SECTION   6.   Chapter 10 of Title 6 of the 1976 Code is not applicable in counties or municipalities which have fully implemented building codes as required in Section 6-9-10, as amended by this act.

SECTION   7.   The public policy of South Carolina is to maintain reasonable standards of construction in buildings and other structures in the State consistent with the public health, safety, and welfare of its citizens. To secure these purposes, a person performing building codes enforcement must be certified by the South Carolina Building Codes Council, and this act is necessary to provide for certification.

To clarify the intent of the General Assembly and address questions which might arise or have arisen with respect to provisions of the nationally known codes which have been or are in place, only those portions or provisions of the nationally known building and safety codes which relate to building standards and safety are binding upon any state or local governmental entity or agency which adopts the building and safety codes authorized or required by Chapter 9 of Title 6 of the South Carolina Code of Laws.

SECTION   8.   This act takes effect upon approval by the Governor./

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

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

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

The following Bills and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3550 -- Rep. Boan: A BILL TO AMEND SECTION 12-54-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION OF DISCLOSURE OF INFORMATION FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW EXAMINATION OF INFORMATION BY PERSONS CONTRACTED WITH FOR AUDIT OF STATEWIDE FINANCIAL STATEMENTS OR COLLECTION OF DELINQUENT TAXES, AND TO SUBSTITUTE "DEPARTMENT" FOR "COMMISSION".

H. 3708 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RESIDENTIAL BUILDERS COMMISSION, RELATING TO LICENSING OF RESIDENTIAL BUILDERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2157, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4056 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2167, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4106 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, CONTRACTORS' LICENSING BOARD, RELATING TO APPLICATION FOR LICENSE; EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2152, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3340 -- Reps. Hawkins, Littlejohn, Altman, Bauer, Simrill, Davenport, McCraw, Trotter, Mullen, Barrett, Hinson, Maddox, Beck, Campsen, Webb, Tripp, Battle, Miller and Pinckney: A BILL TO AMEND SECTION 50-11-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF CERTAIN PROPERTY OF THE BELLE W. BARUCH FOUNDATION AS A BIRD AND GAME SANCTUARY, SO AS TO PERMIT EDUCATIONAL AND RESEARCH ACTIVITIES TO BE UNDERTAKEN IN SUCH SANCTUARY NOT ONLY BY THE UNIVERSITY OF SOUTH CAROLINA AND CLEMSON UNIVERSITY BUT ALSO BY ANY OTHER FULLY ACCREDITED, NOT-FOR-PROFIT PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY HEADQUARTERED IN THIS STATE OR UNDERTAKEN UNDER THE SUPERVISION OF SUCH COLLEGE OR UNIVERSITY.

H. 3771 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-2-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES AND USES OF THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY FUND SO AS TO CLARIFY THAT THE SUPERB FINANCIAL RESPONSIBILITY FUND CAN PAY CLAIMS DIRECTLY, TO REQUIRE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S INTERVENTION COSTS NOT AFFECT THE PER OCCURRENCE COVERAGE AMOUNTS, AND TO CLARIFY THAT, AS ACCOUNT AND FUND ADMINISTRATORS, THE STATE AND DEPARTMENT DO NOT ASSUME ADDITIONAL LIABILITY WHEN FUNDING IS INSUFFICIENT; TO AMEND SECTION 44-2-50, AS AMENDED, RELATING TO UNDERGROUND STORAGE TANK REQUIREMENTS SO AS TO CLARIFY THAT ANY LENDER LIABILITY EXEMPTION IS EXTENDED ONLY TO OWNERS OF PETROLEUM PRODUCT TANKS, TO AMEND SECTION 44-2-60, AS AMENDED, RELATING TO REGISTRATION OF UNDERGROUND STORAGE TANKS, SO AS TO REQUIRE AN ANNUAL REGISTRATION FEE FOR REGULATED TANKS, TO AUTHORIZE THE DEPARTMENT TO ASSESS PENALTIES FOR LATE FEES AND TO PROHIBIT THE DEPARTMENT FROM DISBURSING MONIES FROM THE SUPERB ACCOUNT OR SUPERB FINANCIAL RESPONSIBILITY FUND TO OWNERS OR OPERATORS WHO OWE FEES OR PENALTIES; TO AMEND SECTION 44-2-80, AS AMENDED, RELATING TO RELEASE OF REGULATED SUBSTANCES, SO AS TO CLARIFY THAT ANY LENDER LIABILITY EXEMPTION IS EXTENDED ONLY TO OWNERS OF PETROLEUM PRODUCT TANKS; AND TO AMEND SECTION 44-2-140, RELATING TO ENFORCEMENT OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO CLARIFY THE DEPARTMENT'S AUTHORITY TO ENFORCE THE ACT AND TO AUTHORIZE THE DEPARTMENT TO SUSPEND THE DISPENSING OF A PETROLEUM PRODUCT FROM TANKS THAT POSE AN IMMINENT HAZARD.

Senator COURSON asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 3553 -- Rep. Boan: A BILL TO AMEND SECTION 12-37-266, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTIONS FOR DWELLINGS HELD IN TRUST, SO AS TO PROVIDE FOR APPLICATION FOR THE EXEMPTION EFFECTIVE UNTIL OWNERSHIP STATUS CHANGES AND TO PROVIDE FOR PENALTIES FOR UNREPORTED CHANGES IN CLASSIFICATION.

H. 3137 -- Rep. J. Brown: A BILL TO AMEND TITLE 40, CHAPTER 67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEECH PATHOLOGISTS AND AUDIOLOGISTS 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 REDUCE THE NUMBER OF BOARD MEMBERS FROM SIX TO FIVE, TO CLARIFY THE DUTIES AND RESPONSIBILITIES OF THE BOARD, TO CLARIFY THE SCOPE OF PRACTICE, TO AUTHORIZE DISPENSING AND FITTING DEVICES TO PROMOTE COMMUNICATION, TO ADD LICENSURE FOR SPEECH-LANGUAGE PATHOLOGY ASSISTANTS, TO PROVIDE FOR BIENNIAL LICENSURE, TO INCREASE FEES, TO REQUIRE CONTINUING EDUCATION, TO CLARIFY EXEMPTIONS FROM THE CHAPTER, AND TO ESTABLISH CRIMINAL PENALTIES.

H. 3180 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-17-665, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON THE AMOUNT OF SHRIMP AUTHORIZED TO BE TAKEN OVER BAIT, SO AS TO IMPOSE CATCH AND POSSESSION LIMITS ON SHRIMP, AND TO REVISE THE PENALTIES FOR VIOLATIONS INCLUDING THE FORFEITURE OF SPECIFIED PERSONAL PROPERTY FOR CERTAIN VIOLATIONS.

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.

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.

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

Senator SHORT proposed the following Amendment No. 1 (JUD3823.002), which was adopted:

Amend the bill, as and if amended, page 9, line 25, in SECTION 12, by striking /1997/ and inserting /1998/.

Amend the bill further, as and if amended, page 9, line 29, in SECTION 12, by striking /1997/ and inserting /1998/.

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

Senator ALEXANDER proposed the following Amendment No. 2 (3823R005.TCA), which was adopted:

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

/SECTION ______. Article 9, Chapter 23 of the 1976 Code is amended by adding:

"Section 23-6-445.   Service by a law enforcement officer, who is or has been appointed chief of a municipal department by the governing body thereof, as a magistrate or municipal court judge of this State shall not be considered a break in service as an active law enforcement officer for purposes of that officer receiving equivalent training credits for law enforcement training received if he has twenty or more years of service as a law enforcement officer."/

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

Senators GREGORY and COURTNEY proposed the following Amendment No. 3 (JUD3823.003), which was adopted:

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

/SECTION   ____.   The 1976 Code is amended by adding:

"Section 56-1-325.   When a resident of this State has been convicted of a motor vehicle violation in another jurisdiction other than one that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, the person may apply to the court for an order expunging the records of the offense after the person's driving privileges have been restored in the jurisdiction where the offense occurred."/

Renumber sections to conform.

Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment was adopted.

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

H. 3272 -- Reps. Cato, Limehouse, H. Brown, Tripp, Cooper, Chellis, Seithel, Young-Brickell, Carnell, Mason, Meacham, Bailey, Haskins, Gamble, Allison, Trotter, Robinson, Sandifer, Lee, Govan, Law, Sharpe, Loftis, Phillips, Limbaugh, Harrell, J. Smith, J. Brown, Boan, Simrill, Wilkes and Neilson: A BILL TO AMEND SECTION 37-10-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR THE VIOLATION OF CERTAIN LOAN PROVISIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO DELETE CERTAIN PENALTY PROVISIONS, TO CREATE AN INDIVIDUAL CAUSE OF ACTION, AND TO PROHIBIT A CLASS ACTION FOR A VIOLATION OF THE CHAPTER; AND TO MAKE THESE PROVISIONS APPLY TO CAUSES OF ACTION, INCLUDING APPEALS, PENDING ON THE EFFECTIVE DATE OF THIS ACT AND TO ACTIONS FILED ON AND AFTER THAT DATE.

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

Senator HUTTO proposed the following Amendment No. 4 (JUD3272.001), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 4, in Section 37-10-105(A), as contained in SECTION 1, by striking lines 4 through 6 and inserting therein the following:

/dollars and not more than seven thousand five hundred dollars. No debtor may bring a class action for a violation of this chapter. No debtor may bring an action for a violation of this chapter more/

Amend the bill further, as and if amended, page 2, line 16, in Section 37-10-105(B), as contained in SECTION 1, by striking the words / A creditor may can not / and inserting:

/A No creditor may not/

Amend the bill further, as and if amended, page 2, line 26, in Section 37-10-105(C)(1), as contained in SECTION 1, by striking line 26 and inserting therein the following:

/agreement or transaction that the court determines to have been/

Amend the bill further, as and if amended, page 2, beginning on line 31, in Section 37-10-105(C), as contained in SECTION 1, by striking lines 31 and 32 and inserting therein the following:

/(3)   rewrite or modify the agreement to eliminate an unconscionable term, part, or result and enforce the new agreement; or

(4)   award: /

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Senator McCONNELL proposed the following Amendment No. 5 (3272R005.GFM), which was adopted:

Amend the bill, as and if amended, page 3, lines 13 through 16, by striking the first sentence of SECTION 3 in its entirety and inserting in lieu thereof the following:

/This act takes effect upon approval by the Governor and applies to causes of action, including appeals, pending on May 2, 1997. Any actions filed as class actions, without regard to certification, filed on or before May 2, 1997, may proceed, but with remedies pursuant to Section 37-10-105 as amended in Section 1 of this act./

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Senator SHORT proposed the following Amendment No. 6 (3272R006.LHS), which was adopted:

Amend the bill, as and if amended, page 4, after line 4, by adding an appropriately numbered new SECTION to read:

/SECTION   . The first sentence of Section 20(A) of Act 135 of 1995 is amended to read:

"On or after July 1, 1997, a review of the consumer finance industry shall be commenced by a legislative study committee in order to study the impact of this act and such other matters as the committee deems appropriate."/

Amend the bill, as and if amended, page 4, after line 4, by adding an appropriately numbered new SECTION to read:

/SECTION   . The first sentence of Section 20(B) of Act 135 of 1995 is amended to read:

"On or after July 1, 1998, a second review of the consumer finance industry shall be commenced by a legislative study committee in order to further study the impact of this act, and any subsequent amendments to the consumer finance laws, and such other matters as the committee deems appropriate."/

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

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

H. 3528 -- Rep. H. Brown: A BILL TO AMEND SECTION 2-7-71, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A REVENUE IMPACT STATEMENT ON BILLS RELATING TO STATE TAXES REPORTED OUT OF STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND SENATE, SO AS TO PROVIDE THAT THIS STATEMENT MUST BE CERTIFIED BY THE BOARD OF ECONOMIC ADVISORS OR ITS DESIGNEE RATHER THAN AN AGENT OF THE DEPARTMENT OF REVENUE, AND TO PROVIDE THAT THE BOARD MAY REQUEST THE TECHNICAL ADVICE OF THE DEPARTMENT OF REVENUE WITH RESPECT TO THE PREPARATION OF THESE STATEMENTS.

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

Senator MOORE proposed the following Amendment No. 1 (3528R001.TLM), which was adopted:

Amend the bill, as and if amended, page 1, by striking line 37 and inserting in lieu thereof the following:

/Taxation the Board of Economic Advisors or his designee. As/

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

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

H. 3292 -- Reps. Klauber and Parks: A BILL TO AMEND SECTION 31-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REPAIRING, CLOSING, OR DEMOLISHING OF UNFIT DWELLINGS, SO AS TO REVISE THE DEFINITION OF A "MUNICIPALITY";TO AMEND SECTION 31-15-30, RELATING TO MUNICIPAL ORDINANCES WITH REGARD TO UNFIT DWELLINGS, SO AS TO PROVIDE THAT COSTS INCURRED BY A MUNICIPALITY TO FIX OR REMOVE SUCH DWELLINGS SHALL BE COLLECTIBLE IN THE SAME MANNER AS MUNICIPAL TAXES AND THAT IF THE MUNICIPALITY IN DEMOLISHING AN UNFIT DWELLING CONTRACTS WITH A THIRD PARTY TO DO THE WORK, THE WORK MUST BE BID IN CONFORMITY WITH APPLICABLE PROCUREMENT CODES; AND TO AMEND SECTION 31-15-330, RELATING TO COUNTY ORDINANCES WITH REGARD TO UNFIT DWELLINGS, SO AS TO PROVIDE THAT COSTS INCURRED BY A COUNTY TO FIX OR REMOVE SUCH DWELLINGS SHALL BE COLLECTIBLE IN THE SAME MANNER AS COUNTY TAXES AND THAT IF THE COUNTY IN DEMOLISHING AN UNFIT DWELLING CONTRACTS WITH A THIRD PARTY TO DO THE WORK, THE WORK MUST BE BID IN CONFORMITY WITH APPLICABLE PROCUREMENT CODES.

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

Senator COURTNEY proposed the following Amendment No. 1 (JUD3292.001), which was adopted:

Amend the bill, as and if amended, by striking SECTION 6 in its entirety and inserting therein the following:

/SECTION   6.   A commercial industrial solid waste landfill or an expansion permitted after the effective date of this section shall not be located within one thousand feet of a residence, hospital, church, or publicly owned recreational park areas. For the purpose of this section only, the term "commercial industrial solid waste landfill" means an industrial solid waste landfill which accepts industrial solid waste from more than one generator of industrial solid waste.

SECTION   7.   This act takes effect upon approval by the Governor; however, SECTION 6 remains in effect until the effective date of new industrial solid waste landfill regulations promulgated as required by Section 44-96-320./

Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment was adopted.

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

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

S. 411 -- Corrections and Penology Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE AN EXISTING BOND AUTHORIZATION FOR THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES AND AUTHORIZE PARTIAL FUNDING FOR A FACILITY OF THE DEPARTMENT OF CORRECTIONS IN THE SAME AMOUNT.

S. 593 -- Senators Ravenel, Passailaigue, Rose, McConnell and Hayes: A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LODGING FACILITIES, BY ADDING CHAPTER 4, SO AS TO ENACT THE "SOUTH CAROLINA BED AND BREAKFAST ACT", WHICH PROVIDES DEFINITIONS AND REGULATIONS PERTAINING TO BED AND BREAKFAST ESTABLISHMENTS IN SOUTH CAROLINA.

S. 780 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO AREA VOCATIONAL CENTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2128, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 784 -- 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.

Senator McCONNELL explained the Resolution.

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

H. 3677 -- Rep. Klauber: A BILL TO AMEND CHAPTER 1, TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO REVISE THE PROVISIONS OF THE CHAPTER BY DELETING CERTAIN LANGUAGE AND PROVISIONS, ADDING NEW PROVISIONS, AND PROVIDING, AMONG OTHER THINGS, FOR DEFINITIONS FOR THE TERMS "FEDERAL COVERED ADVISER" AND "FEDERAL COVERED SECURITY", THAT INVESTIGATIVE RECORDS AND COMPLAINTS FILED WITH THE SECURITIES COMMISSIONER ARE NOT CONSIDERED PUBLIC INFORMATION BUT ISSUED ORDERS, INCLUDING CERTAIN COMPLAINTS, ARE CONSIDERED PUBLIC RECORDS, THAT CERTAIN BROKER-DEALERS ARE EXEMPT FROM THE LICENSING REQUIREMENTS OF SECTION 35-1-410, THAT CERTAIN ACTIVITY IS UNLAWFUL, THAT EVERY INVESTMENT ADVISER REGISTRATION OR NOTICE FILING EXPIRES TWO YEARS FROM ITS EFFECTIVE DATE UNLESS RENEWED, THAT REGISTRATION OF AN INVESTMENT ADVISER AUTOMATICALLY CONSTITUTES REGISTRATION OF ANY INVESTMENT ADVISER REPRESENTATIVE WHO IS A PARTNER, OFFICER, OR DIRECTOR OR A PERSON OCCUPYING A SIMILAR STATUS OR PERFORMING SIMILAR FUNCTIONS, FOR CHANGES IN CERTAIN FEES, THAT THE SECURITIES COMMISSIONER MAY REQUIRE, WITH RESPECT TO INVESTMENT ADVISERS, THAT CERTAIN INFORMATION BE FURNISHED OR DISSEMINATED AS NECESSARY OR APPROPRIATE IN THE PUBLIC INTEREST OR FOR THE PROTECTION OF INVESTORS AND ADVISORY CLIENTS, FOR NOTICE FILINGS FOR FEDERAL COVERED SECURITIES, THAT UNLESS PROHIBITED BY RULE OR ORDER OF THE SECURITIES COMMISSIONER, AN INVESTMENT ADVISER REGISTERED UNDER THE INVESTMENT ADVISERS ACT OF 1940 MAY TAKE OR RETAIN CUSTODY OF SECURITIES OR FUNDS OF A CLIENT, AND THAT THE SECURITIES COMMISSIONER MAY REFER AVAILABLE EVIDENCE CONCERNING VIOLATIONS OF THIS CHAPTER OR OF ANY RULE OR ORDER UNDER THIS CHAPTER TO THE APPROPRIATE DIVISION OF THE ATTORNEY GENERAL'S OFFICE OR OTHER APPROPRIATE PROSECUTION, LAW ENFORCEMENT, OR LICENSING AUTHORITIES WHO MAY INSTITUTE THE APPROPRIATE PROCEEDINGS UNDER THIS CHAPTER.

Senator SALEEBY asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

H. 3316 -- Rep. G. Brown: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER'S LICENSE SUSPENSION PERIODS FOR PERSONS CONVICTED OF DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE WHEN THE SUSPENSION PERIODS BEGIN.

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

Senator HUTTO proposed the following Amendment No. 1 (JUD3316.008), which was adopted:

Amend the committee report, as and if amended, page [3316-6], beginning on line 1, by striking SECTION 4 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD3316.003), which was adopted:

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

/SECTION   1.   Section 56-5-2990 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-5-2990.   The department shall suspend the driver's license of any a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of any other law or ordinance of this State or of any a municipality of this State that prohibits any a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, two years for the third offense, three years for the fourth offense, and a permanent revocation of the driver's license for fifth and subsequent offenses. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. Any A person whose license is revoked following conviction for a fifth offense as provided in this section is forever barred from being issued any a license by the department to operate a motor vehicle except as provided in Section 56-1-385.

Any A person whose license is suspended under the provisions of this section must be notified of suspension by the department of the requirement to be evaluated by and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services prior to before reinstatement of the license. An assessment of the degree and kind of alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed based upon the assessment. Entry into and successful completion of the services, if such services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant. The applicant shall must bear the cost of the services to be determined by the administering agency and approved by the Department of Alcohol and Other Drug Abuse Services. The cost may not exceed seventy-five dollars for assessment, one hundred twenty-five dollars for education services, two hundred twenty-five dollars for treatment services, and three hundred dollars in total for any and all the services. No An applicant may not be denied services due to because of an inability to pay. The applicant shall must be terminated from the Alcohol and Drug Safety Action Program no later than six months after the date of program enrollment. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program by the end of the six-month period of enrollment, a hearing must be provided by the administering agency and if further needed by the Department of Alcohol and Other Drug Abuse Services. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program, the department may restore the privilege to operate a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the department if it determines public safety and welfare of the petitioner may not be endangered.

The department and the Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to relicensing or otherwise. Such These procedures must be consistent with the confidentiality laws of the State and the United States. Successful completion of education, treatment services, or both, for purposes of receiving a provisional driver's license as stipulated in Section 56-1-1330 may be substituted in lieu of services received under the authority of this section at the discretion of the applicant. If the driver's license of any a person is suspended by authority of this section, no an insurance company may not refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the person whose license has been suspended or who has voluntarily turned his license in to the department.

Except as provided for in Section 56-1-365(D), the driver's license suspension periods under this section begin on the date the person is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930, or for the violation of any other law of this State or ordinance of a county or municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics. This does not prohibit a person from filing a notice of appeal and receiving a certificate which entitles him to operate a motor vehicle for a period of sixty days after the conviction, plea of guilty or nolo contendere, or bail forfeiture pursuant to Section 56-1-365(F)."

SECTION   2.   Section 56-1-365 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-1-365.   (A)   Any person who forfeits bail posted for, is convicted of, or pleads guilty or nolo contendere in general session sessions, municipal, or magistrate's court to an offense which requires that his driver's license be revoked or suspended shall surrender immediately or cause to be surrendered his driver's license to the clerk of court or magistrate upon the verdict or plea. The defendant must be notified at the time of arrest of his obligation to bring, and surrender his license, if convicted, to the court or magistrate at the time of his trial, and if he fails to produce his license after conviction, he may be fined in an amount not to exceed two hundred dollars. If the defendant fails subsequently to surrender his license to the clerk or magistrate immediately after conviction, he must be fined not less than fifty dollars nor more than two hundred dollars.

(B)   The department may collect from the clerk of court or magistrate the driver's license and ticket immediately after receipt. Along with the driver's license, the clerks and magistrates shall must give the department's agents tickets, arrest warrants, and other documents or copies of them, as necessary for the department to process the revocation or suspension of the licenses. If the department does not collect the license and ticket immediately, the magistrate or clerk shall must forward the license, ticket, and other documentation to the department within five days after receipt. Any clerk or magistrate who wilfully fails or neglects to forward the driver's license and ticket as required in this section is liable to indictment and, upon conviction, must be fined not exceeding five hundred dollars.

(C)   The department shall notify the defendant of the suspension or revocation. Except as provided in Section 56-5-2990 below, if the defendant surrendered his license to the magistrate or clerk immediately after conviction, the effective date of the revocation or suspension is the date of surrender. If the magistrate or clerk wilfully fails to forward the license and ticket to the department within five days, the suspension or revocation does not commence begin until the department receives and processes them the license and ticket.

(D)   If the defendant is already under suspension for a previous offense at the time of his conviction or plea, the period of suspension for the subsequent offense runs consecutively and does not commence until the expiration of the suspension or revocation for the prior offense.

(E)   If the defendant fails to surrender his license, the suspension or revocation operates as otherwise provided by law.

(F)   If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal shall act acts as a supersedeas as provided in Section 56-1-430. Upon payment of a ten-dollar fee and presentment by the defendant of a certified or clocked-in copy of the notice of appeal, the department shall issue him a certificate which entitles him to operate a motor vehicle for a period of sixty days after the verdict or plea. The certificate must be kept in the defendant's possession while operating a motor vehicle during the sixty-day period, and failure to have it in his possession is punishable in the same manner as failure to have a driver's license in possession while operating a motor vehicle."

SECTION   3.   The 1976 Code is amended by adding:

"Section 56-1-385.   (A)   Notwithstanding any other provision of law, a person whose driver's license or privilege to operate a motor vehicle has been revoked permanently pursuant to Section 56-5-2990, excluding persons convicted of felony driving under the influence of alcohol or another controlled substance under Section 56-5-2945, may petition the circuit court in the county of his residence for reinstatement of his driver's license and shall serve a copy of the petition upon the solicitor of the circuit. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court may order the reinstatement of the person's driver's license upon the following conditions:

(1)   the person must not have been convicted of an alcohol or drug violation during the previous seven-year period;

(2)   the person must have completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency; and

(3)   the person's overall driving record, attitude, habits, character, and driving ability would make it safe to grant him the privilege to operate a motor vehicle.

(B)(1)   A person may not seek reinstatement of his driver's license pursuant to this section if the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of any other law or ordinance of this State or any other state or of a municipality of this State or any other state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics.

(2)   Nothing in this section may be construed to prohibit a person whose license has been revoked pursuant to Section 56-5-2930 before the effective date of this section from seeking reinstatement of his license pursuant to the provisions in this section.

(C)   If a person's privilege to operate a motor vehicle is restored pursuant to this section, a subsequent violation of driving under the influence of alcohol or another controlled substance or felony driving under the influence of alcohol or another controlled substance will require the cancellation of the person's driver's license and the imposition of the full period of suspension and revocation for a previous violation.

(D)   Before a person may have his driver's license reinstated under this section he must:

(1)   pay a fifty dollar filing fee to the court; and

(2)   successfully complete the requirements to obtain a driver's license contained in this article."

SECTION   4.   Section 56-1-40 of the 1976 Code is amended to read:

"Section 56-1-40.   The department may not issue a motor vehicle driver's license to or renew the driver's license of a person:

(1)   who is under sixteen years of age. However, the department may issue a beginner's or instruction permit as provided in Sections 56-1-50 and 56-1-60 to a person who is at least fifteen years of age, and the department may issue a special restricted driver's license to a person who is at least fifteen years of age and less than sixteen years of age as provided in Section 56-1-180;

(2)   whose driver's license or privilege to operate a motor vehicle currently is suspended or revoked in this State or another jurisdiction, except when

(a)   the revocation or suspension did not occur within the last seven years;

(b)   the department has reviewed the person's driving records in this state and the jurisdiction where the suspension or revocation occurred and determines it would not be imprudent to issue a driver's license or grant driving privileges;

(c)   the department has received notice from the jurisdiction where the suspension or revocation occurred that the suspension or revocation action has terminated and all requirements for reissuance have been met; and

(d)   the department has received a notice of clearance from the jurisdiction where the suspension or revocation occurred;

or as otherwise provided for in this title.

When a resident of this State has had his driver's license or privilege to operate a motor vehicle suspended or revoked in this State and any other jurisdiction for the same incident, the suspension or revocation period must be determined by the laws of this State;

(3)   who is an habitual user of alcohol or any other drug to a degree which prevents him from safely operating a motor vehicle;

(4)   who has a mental or physical condition which prevents him from safely operating a motor vehicle;

(5)   who is required by this article to take an examination, unless the person successfully has passed the examination;

(6)   who is required under the laws of this State to provide proof of financial responsibility and has not provided the proof;

(7)   who is not a resident of South Carolina, except for persons from other countries who are present in South Carolina on a student visa or on a work visa or the dependents of the student or worker who may be issued a license. However, the granting of the license is not evidence of meeting the residency requirements of Section 59-112-20;

(8)   who must not be issued a license as otherwise provided by the laws of this State."

SECTION   5.   This act takes effect upon approval by the Governor./

Amend title to conform.

Senator COURTNEY explained the committee amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

H. 3780 -- Reps. Young, Askins, Woodrum, Inabinett, Simrill, Bailey, Riser and Kirsh: A BILL TO AMEND SECTION 16-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO REVISE THE ELEMENTS OF ARSON IN THE FIRST, SECOND, AND THIRD DEGREES, AND REVISE THE PENALTIES FOR ARSON IN THE FIRST AND SECOND DEGREES.

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

Senator COURTNEY proposed the following Amendment No. 1 (JUD3780.006), which was adopted:

Amend the committee report, as and if amended, page [3780-1], beginning on line 33, in Section 16-11-110(A), as contained in SECTION 1, by striking /any other property/ and inserting therein the following:

/ any property specified in subsections (B) and (C) /

Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD3780.002), which was adopted:

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

/SECTION   1.   Section 16-11-110 of the 1976 Code, as last amended by Act 356 of 1996, is further amended to read:

"Section 16-11-110.   (A)   A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures:

(1)   the burning of a building or structure which results in the destruction or damage to the building, or

(2)   the burning of a building, or structure, or any other property, whether the property of himself or another, which results, either directly or indirectly, in death or serious bodily injury to a person is guilty of arson in the first degree and, upon conviction, must be imprisoned not less than five ten nor more than twenty-five thirty years.

(B)   Any A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures the burning of a dwelling house or any kitchen, shop, barn, stable, or other outhouse that is parcel to or belonging to or adjoining to it, whether the property belongs to him or another person, church or place of worship, a public or private school facility, a manufacturing plant or warehouse, a building where business is conducted, an institutional facility, or any structure designed for human occupancy to include local and municipal buildings, whether the property of himself or another, is guilty of arson in the second degree and, upon conviction, must be imprisoned not less than two five nor more than twenty twenty-five years.

(C)   A person who wilfully and maliciously:

(1)   causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures the burning of a building or structure other than those specified in subsections (A) or (B), a railway car, a ship, boat, or other watercraft, an aircraft, an automobile or other motor vehicle, or personal property; or

(2)   aids, counsels, or procures the burning of a building or structure other than those specified in subsections (A) or (B), a railway car, a ship, boat, or other watercraft, an aircraft, an automobile or other motor vehicle, or personal property with intent to destroy or damage the building by explosion or fire,;

whether his own or the property of himself or another's another, is guilty of arson in the third degree and, upon conviction, must be imprisoned not less than one and not more than ten years.

(D) A building or structure, as used in subsections (A) or (C), includes a building of worship such as a church, mosque, masjid, or synagogue."

SECTION   2.   Section 16-11-140 of the 1976 Code is amended to read:

"Section 16-11-140.   It is unlawful for a person to (a) wilfully and maliciously set fire to or burn or cause to be burned, or (b) aid, counsel, or procure the burning of any:

(1)   barracks, cock, crib, rick or stack of hay, corn, wheat, oats, barley, or other grain or vegetable product of any kind;

(2)   field of standing hay or grain of any kind;

(3)   pile of coal, wood, or other fuel;

(4)   pile of planks, boards, posts, rails, or other lumber;.

(5)   streetcar, railway car, ship, boat, or other watercraft, or automobile or other motor vehicle; or

(6)   other personal property with a value in excess of twenty-five dollars and the property of another person.

A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years."

SECTION   3.   Section 16-1-60 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 16-1-60.   For purposes of definition under South Carolina law a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnaping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); drug trafficking as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312 (B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses."

SECTION   4.   Section 17-25-45(C)(2) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"(2)   'Serious offense' means:

(a)   any offense which is punishable by a maximum term of imprisonment for thirty years or more which is not referenced in subsection (C)(1);

(b)   those felonies enumerated as follows:

16-3-220         Lynching, Second degree

16-3-810         Engaging child for sexual performance

16-9-22         Acceptance of bribes by officers

16-9-290         Accepting bribes for purpose of procuring public office

16-11-110(B)     Arson, Second degree

16-11-312(B)     Burglary, Second degree

16-13-210(1)     Embezzlement of public funds

16-13-230       Breach of trust with fraudulent intent

(B)(3)

16-13-240(1)     Obtaining signature or property by false pretenses

38-55-540(3)     Insurance fraud

44-53-370(e)     Trafficking in controlled substances

44-53-375(C)     Trafficking in ice, crank, or crack cocaine         44-53-445       Distribute, sell, manufacture, or possess

(B)(1) & (2)     with intent to distribute controlled substances within proximity of school

56-5-2945       Causing death by operating vehicle while under influence of drugs or alcohol; and

(c)   the offenses enumerated below:

16-1-40         Accessory before the fact for any of the offenses listed in subitems (a) and (b)

16-1-80         Attempt to commit any of the offenses listed in subitems (a) and (b)."

SECTION   5.   The 1976 Code is amended by adding:

"Section 45-2-35.   (A)   Canines certified to work with law enforcement officers or fire service personnel for the purpose of fire investigations, training, or other related purposes must be permitted to stay overnight with the officers or personnel when they are staying in a place of public accommodation on official business. No extra charge may be made for the certified canine; however, the employer of the officer or personnel in the accompany of the canine is liable for any damage done to the premises or facilities by the certified canine. In a nonemergency situation, the law enforcement or fire service agency shall notify the manager of the place of public accommodation at the time of making the reservation for the law enforcement officer or fire service personnel that a certified canine shall accompany the law enforcement officer or fire service personnel.

(B)   A person who refuses to allow law enforcement officers or fire service personnel to stay overnight on official business in a place of public accommodation because the officer or personnel is accompanied by a certified canine is subject to a civil fine not exceeding one hundred dollars for each violation.

(C)   Hotels which operate for the express purpose of renting individually owned private dwellings are exempt from this section."

SECTION   6.   This act takes effect upon approval by the Governor./

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

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

H. 4101 -- Reps. Edge, Kelley, Keegan, Witherspoon and Barfield: A BILL TO AMEND ACT 287 OF 1989, RELATING TO THE HORRY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT BEGINNING IN 1998, THE CHAIRMAN OF THE BOARD SHALL CONSTITUTE A TWELFTH SEPARATE SEAT ON THE BOARD, AND THE CHAIRMAN SHALL BE ELECTED BY THE QUALIFIED ELECTORS OF THE COUNTY AT LARGE.

H. 3756 -- Reps. Limehouse, Bailey, Battle, Bauer, Bowers, J. Brown, T. Brown, Campsen, Canty, Chellis, Dantzler, Delleney, Edge, Gamble, Gourdine, Harrell, Hinson, Hodges, Jordan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Koon, Leach, Mason, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Pinckney, Rhoad, Rice, Rodgers, Scott, Seithel, Sharpe, Sheheen, F. Smith, Spearman, Stille, Stuart, Tripp, Walker, Whatley, Whipper and Witherspoon: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON TAKING CERTAIN FISH, SO AS TO REQUIRE THAT BLACK SEA BASS BE PROCESSED, MARKETED, AND SOLD WITH THE HEAD AND TAIL FINS INTACT.

Senator PEELER explained the Bill.

S. 707 -- Senator McGill: A BILL TO AMEND CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF FISH, BY ADDING SECTION 50-13-390, SO AS TO PROHIBIT FISHING FROM PUBLIC ROADS WHICH ABUT LANDS THAT ARE POSTED AGAINST TRESPASSING OR FISHING; TO PROVIDE EXCEPTIONS; AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Senator McGILL explained the Bill.

On motion of Senator McGILL, with unanimous consent, S. 707 was ordered to receive a third reading on Friday, May 30, 1997.

H. 4190 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM K-5, DESIGNATED AS REGULATION DOCUMENT NUMBER 2123, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4191 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM 6-8 (AMENDED TITLE), DESIGNATED AS REGULATION DOCUMENT NUMBER 2126, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 791 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO CRIMINAL JUSTICE ACADEMY, E-911 OPERATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2181, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 792 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO CRIMINAL JUSTICE ACADEMY, LAW ENFORCEMENT TRAINING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2186, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4192 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 2124, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3862 -- Reps. Harrison, Rodgers, Edge, Koon, Limehouse, McMaster, Hawkins, H. Brown, Allison, Knotts, Meacham, Campsen, Barfield, Mason, Leach, Littlejohn, Young-Brickell, Cato, Sandifer, Law, Wilkins, Stuart, Woodrum, Simrill, Young, Kelley, Barrett, Sharpe, Whatley, Trotter, Vaughn, Cotty, D. Smith, Haskins, Loftis, Witherspoon, Harrell, Riser, Fleming, Martin and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-7-6890, 20-7-6895, 20-7-6900, AND 20-7-6905, SO AS TO ESTABLISH THE YOUTH INDUSTRIES PROGRAM WITHIN THE DEPARTMENT OF JUVENILE JUSTICE AUTHORIZING THE DEPARTMENT TO CONTRACT WITH PRIVATE INDUSTRIES TO PROVIDE SERVICES RELATIVE TO PACKAGING, MANUFACTURING, AND PROCESSING GOODS AND TO ESTABLISH THE MANUFACTURING AND PROCESSING OF GOODS FOR STATE ENTITIES AND TO MAKE IT UNLAWFUL IN THIS STATE TO SELL GOODS MADE BY JUVENILE OFFENDERS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 20-7-7815, RELATING TO THE PROHIBITION AGAINST COMMITTING TO THE DEPARTMENT OF JUVENILE JUSTICE A PERSON WHO IS SERIOUSLY HANDICAPPED BY MENTAL ILLNESS OR MENTAL RETARDATION, SO AS TO CHANGE THE REFERENCE FROM "PERSON" TO "JUVENILE" AND TO REQUIRE THE CONSENT OF THE JUVENILE PAROLE BOARD WHEN AN AGENCY TO WHICH A JUVENILE HAS BEEN COMMITTED SEEKS TO RELEASE THE CHILD; TO AMEND SECTION 20-7-8305, RELATING TO THE BOARD OF JUVENILE PAROLE, SO AS TO DELETE THE PROVISION THAT A JUVENILE HAS THE RIGHT TO APPEAR PERSONALLY BEFORE THE BOARD EVERY THREE MONTHS AND INSTEAD AUTHORIZE THE BOARD TO CONDUCT PAROLE HEARINGS BY TWO-WAY CLOSED CIRCUIT TELEVISION.

Senator THOMAS explained the Bill.

H. 3563 -- Reps. Sandifer, Parks, Canty and Lanford: A BILL TO AMEND CHAPTER 19, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, 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 EMBALMERS AND FUNERAL DIRECTORS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Committee on Labor, Commerce and Industry proposed the following amendment (KGH\15276AC.97), which was adopted:

Amend the bill, as and if amended, Section 40-19-10, page 17, line 13, after /Governor/ by inserting: /with the advice and consent of the Senate/

Amend the bill further, Section 40-19-10, page 17, by deleting lines 32 through 35.

Amend the bill further, Section 40-19-200, page 23, by deleting lines 5 and 6 and inserting: /fined not less than five hundred dollars or more than twenty-five hundred dollars or imprisoned for not more than six months, or both./

Amend the bill further, page 26, by deleting Section 40-19-260 and inserting:

/Section 40-19-260.   The practice of funeral service may be engaged in only at a licensed establishment. A licensed funeral director shall make arrangements with clients and must be at the place of the funeral and committal services./

Amend the bill further, Section 40-19-270(C), page 26, line 39, by deleting /present/ and inserting: /accessible/

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the committee amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 468 -- Senators Lander and Giese: A BILL TO AMEND CHAPTER 5, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD FOR BARRIER FREE DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS FOR ACCESS BY HANDICAPPED PERSONS, SO AS TO INCREASE THE BOARD MEMBERS FROM SIX TO NINE AND REVISE MEMBERSHIP, TO REVISE DEFINITIONS, TO CLARIFY DUTIES OF THE BOARD, TO ADOPT THE LATEST NATIONAL TECHNICAL STANDARDS, TO ESTABLISH CRITERIA FOR ADMINISTRATION OF THE CHAPTER, AND TO CLARIFY ENFORCEMENT RESPONSIBILITIES.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Committee on Labor, Commerce and Industry proposed the following amendment (KGH\15282AC.97), which was adopted:

Amend the bill, as and if amended, page 7, immediately after line 12, by inserting:

/"Section 10-5-5.   Unless otherwise provided in this chapter, Article 1, Chapter 1, Title 40 applies to the regulation of the Board for Barrier Free Design; however, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control."/

Amend the bill further, page 7, by deleting Section 10-5-20 and inserting:

/"Section 10-5-20.   As used in this chapter:

(1)   'Architectural barriers' includes physical design features that restrict access or full use of governmental buildings, public buildings, and their facilities by the aged or disabled.

(2)   'Board' means the South Carolina Board for Barrier Free Design as established by this chapter.

(3)   'Common area' means all interior building space and exterior building site space utilized by the general public. Common areas include, but are not limited to, parking areas, sidewalks, recreational areas, lobbies, restaurants, lounges, public restrooms, shops, meeting rooms, and banquet facilities.

(4)   'Facilities' includes, but is not limited to, sidewalks, curbing, and entrances giving access to governmental buildings and public buildings and accommodations in those buildings available for use by the public or employees, including bathroom facilities, toilet stalls, dining areas, drinking fountains, phone booths, and lodging rooms or quarters.

(5)   'Governmental buildings' includes all buildings, structures, streets, and sidewalks and access to them used by the public or in which persons with disabilities may be employed that are constructed, purchased, leased, or rented in whole or in part by use of state, county, or municipal funds or the funds of a political subdivision of the State; and, to the extent not required by federal law or regulation or not beyond the power of the State to regulate, all buildings and structures used by the public which are constructed, purchased, leased, or rented in whole or in part by use of federal funds.

(6)   'Public buildings' includes all buildings, structures, streets, and sidewalks and access to them used by the public or in which persons with disabilities may be employed that are constructed, purchased, leased, or rented by the use of private funds, including rental apartment complexes of twenty units or more and temporary lodging facilities of twenty units or more, except that this chapter applies to only five percent of other units, whichever is the greater, and this chapter does not apply to a private residence.

(7)   'Renovation' means a construction project where at least thirty-five percent of the building or facility is changed."/

Amend the bill further, page 8, by deleting Section 10-5-30 and inserting:

/"Section 10-5-30.   There is created the South Carolina Board for Barrier Free Design which is composed of nine members, six to be appointed by the Governor, with the advice and consent of the Senate, for terms of four years and until their successors are appointed and qualify. No fewer than two appointed members of the board must have mobility impairments and one appointed member must be a licensed architect. Vacancies on the board must be filled in the same manner as the original appointment for the remainder of the unexpired term. In addition to the appointed members, these members shall serve ex officio on the board:

(1)   the Director of the Department of Labor, Licensing and Regulation;

(2)   the Director of the State Department of Vocational Rehabilitation; and

(3)   the State Engineer employed by the Budget and Control Board.

The ex officio members may appoint proxies for their respective offices. The ex officio members and their proxies have all the powers, privileges, and duties of the appointed members."/

Amend the bill further, page 9, by deleting Section 10-5-60 and inserting:

/"Section 10-5-60.   After January 1, 1975, no person may construct or permit the construction of a governmental building or a public building or any facility of either unless the building or facility is designed in compliance with the standards and regulations adopted pursuant to this chapter.

After January 1, 1975, no person may renovate or permit the renovation of a governmental building or a public building or any facility of either unless the portions or areas being renovated are designed in compliance with the standards and specifications established pursuant to this chapter.

The owner or the occupant of any property which contains structural or building elements or components shall comply with this chapter to continuously maintain these elements and components in a condition that is safe and usable by persons with disabilities at all times."/

Amend the bill further, page 9, by deleting Section 10-5-90 and inserting:

/"Section 10-5-90.   (A)   The enforcement of the provisions of this chapter, including investigations, must be by the building officials of counties and municipalities which have adopted and enforce building codes in accordance with Chapter 9, Title 6. Counties and municipalities may establish regional agreements with other political subdivisions of the State to provide the services required of the building official and to enforce the provisions of this chapter. In jurisdictions where the board has not delegated its authority, the Department of Labor, Licensing and Regulation shall enforce the provisions of this chapter in that county or municipality.

(B)   The board or the person empowered by the board pursuant to Section 10-5-300 to enforce the provisions of this chapter shall notify an owner of property in violation of this chapter to comply with its provisions and make the necessary changes or corrections within a reasonable time. In the event of noncompliance after a reasonable time, the board or the persons empowered by Section 10-5-300 to enforce the provisions of this chapter shall bring an action before an administrative law judge as provided under Article 5, Chapter 23, Title 1 to enjoin further construction or use of the building or facility until it is in compliance with this chapter."/

Amend the bill further, beginning on page 10, by deleting Section 10-5-110 and inserting:

/"Section 10-5-110.   (A)   All plans for facilities to be constructed or altered must be reviewed and approved for compliance with this chapter by one of the following officials:

(1)   local building officials, appointed by a municipal or county jurisdiction; or

(2)   Assistant Deputy Director for Building Codes and Related Services, Department of Labor, Licensing and Regulation.

(B)   The board may designate state and local officials as special review agents to review facilities and their plans for compliance with this chapter. All facility plans listed in the following categories must be submitted to the designated special review agent for approval.

(1)   State owned or leased facilities: State Engineer, Office of General Services, State Budget and Control Board;

(2)   Elementary and secondary public schools: Director, Office of School Planning and Building, State Department of Education;

(3)   Health care facilities: Director, Bureau of Health Facilities Construction, Licensing and Certification, State Department of Health and Environmental Control;

(4)   All buildings not covered by subsections (A), (B), or (C) in all areas of the State where local building officials are not employed: Assistant Deputy Director, Building Codes and Related Services, Department of Labor, Licensing and Regulation.

(C)   Plans for all construction or alterations affected by this chapter must be submitted to the appropriate official by the project owner, architect, or contractor for preconstruction review and approval. Each submittal shall consist of one set of project drawings and specifications, project name or description, street address or location, and the owner's name and address.

(D)   If conflicts exist between this chapter and the Standard Building Code, ANSI A117.1, or local ordinances, this chapter controls."/

Amend the bill further, Section 10-5-140, page 11, beginning on line 36, by deleting subsections (B), (C), and (D) and inserting:

/"(B)   In jurisdictions of the State where building codes have been adopted and building boards of adjustments and appeals have been established to review construction related issues, those boards may carry out their normal functions concerning code requirements for facilities for the disabled. These building boards of adjustments and appeals shall consist of at least five members, including one architect, one engineer, one member at large from the building industry, one building contractor, and one member at large from the public. If the Board for Barrier Free Design determines that barrier free design regulations are not being adequately enforced in any jurisdiction, the board may withdraw the authority of that jurisdiction to make waivers or modifications and require requests to be referred to the Board for Barrier Free Design.

(C)   In jurisdictions of the State where there are no building boards of adjustments and appeals, constituted as required by this section, all requests for waiver or modification must be submitted to the Board for Barrier Free Design. However, the board may delegate authority to grant waiver of standards and specifications to local authorities, state officials, and municipal or county boards as it considers necessary and proper. Appeals from the decisions of the authorities may be made to the Board for Barrier Free Design.

(D)   If the Board for Barrier Free Design denies a request for waiver or modification of the standards and specifications, it shall notify the person or governmental entity requesting the waiver. Board action which denies a waiver or modification application may be appealed to an administrative law judge as provided under Article 5, Chapter 23, Title 1."/

Amend the bill further by deleting Section 10-5-160 and inserting:

/"Section 10-5-160.   A person who is injured, deprived of employment, denied access to public buildings or facilities, or otherwise deprived of his rights as a citizen, as declared in the statement of state policy set forth in Section 10-5-10, may enforce his rights by injunction and recover damages in a proper case in the court of common pleas when the action is based on a violation of this chapter or regulations promulgated by the board."/

Amend the bill further, page 12, by deleting Section 10-5-170.

Amend the bill further, page 13, by deleting Section 10-5-180 and inserting:

/"Section 10-5-180.   A person charged with constructing, renovating, erecting, remodeling, or maintaining the structural or building elements or components of a governmental or public building who fails to comply with the provisions of this chapter after being notified to do so by the appropriate inspector as enumerated in Section 10-5-110 is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. Each day the violation exists constitutes a separate offense."/

Amend the bill further, page 13, immediately after line 8, by inserting:

/"Section 10-5-185.   The standards established pursuant to this chapter do not apply to the floors above grade of any building if the building does not exceed five thousand square feet in area for each floor, does provide accessibility at grade floor levels, and does not provide elevator service."/

Amend the bill further, page 13, immediately after line 12, by inserting:

/"Section 10-5-195.   Notwithstanding any other provision of law, if the incremental construction cost to conform a building to the standards established pursuant to this chapter exceeds seven percent of the total estimated construction or renovation costs, as certified in writing by the architect or person in charge of construction, the provisions of this chapter do not apply to the construction or renovation of that building on the floors above grade and do not apply so as to require the expenditure of more than seven percent of the total construction or renovation costs on floors of grade level."/

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the committee amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 3038 -- Reps. Vaughn, Haskins, Kirsh and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 26-1-25, SO AS TO PROVIDE ADDITIONAL METHODS FOR THE LEGISLATIVE DELEGATION MEMBERS ENDORSEMENTS REQUIRED FOR APPLICATIONS FOR NOTARY PUBLIC COMMISSIONS CONSISTING OF THE SIGNATURES OF THE CHAIRMAN AND SECRETARY OF A COUNTY LEGISLATIVE DELEGATION AND THE DELEGATION CHAIRMAN AND ADMINISTRATIVE ASSISTANT TO THE DELEGATION AND TO PROVIDE FOR NOTIFICATION TO THE SECRETARY OF STATE OF A DELEGATION'S USE OF THESE ADDITIONAL METHODS.

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

Senator BRYAN proposed the following Amendment No. 1 (JUD3038.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 32, in Section 26-1-25, as contained in SECTION 1, by striking lines 32 through 38 in their entirety and inserting therein the following:

/26-1-20, a legislator may provide for the endorsement of these applications by authorizing either the member serving as chairman or the member serving as secretary of the legislative delegation of the county in which the applicant resides to sign on the legislator's behalf./

Amend title to conform.

Senator BRYAN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 3858 -- Reps. Vaughn, Haskins, Cato, Leach and Hamilton: A BILL TO AMEND ACT 432 OF 1947, AS AMENDED, RELATING TO THE GREENVILLE HOSPITAL SYSTEM, ITS CREATION, BOARD, POWERS, AND DUTIES, SO AS TO PROHIBIT THE BOARD FROM SELLING, LEASING, MERGING, CONSOLIDATING, OR TRANSFERRING CERTAIN OF ITS ASSETS OR ENTERING INTO A JOINT VENTURE OR OTHER BUSINESS RELATIONSHIP WITHOUT THE CONSENT OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION IF THE ACTION DISPOSES OF OR COMMITS TEN PERCENT OR MORE OF THE ASSETS; TO PROHIBIT THE BOARD FROM TRANSFERRING OR DELEGATING ITS RESPONSIBILITIES AND AUTHORITY OVER THE HOSPITAL SYSTEM TO ANY OTHER PERSONS, BOARD, OR ENTITY, AND TO PROVIDE THAT THE LEGISLATIVE DELEGATION ONLY MAY CALL FOR A REFERENDUM IF CONSENT IS REQUESTED TO TAKE SUCH ACTION; TO INCREASE THE BOARD FROM SEVEN TO NINE MEMBERS AND TO PROVIDE NOMINATING PROCEDURES AND TO PROVIDE ALTERNATIVE COMPOSITION AND PROCEDURES CONTINGENT UPON A GREENVILLE CITY COUNCIL STIPULATION BY ORDINANCE; TO AUTHORIZE THE BOARD TO PROVIDE SERVICES AND LOCATE FACILITIES OUTSIDE OF GREENVILLE COUNTY IF SUCH WOULD ENHANCE SERVICES; TO ENTER INTO JOINT VENTURES OR OTHER BUSINESS RELATIONSHIPS SUBJECT TO THE REQUIREMENT FOR OBTAINING CONSENT UNDER CERTAIN CONDITIONS; TO AUTHORIZE THE CHANGE OF NAME OF THE BOARD AND THE OPERATION OF THE BOARD UNDER A TRADE NAME; TO AUTHORIZE THE ESTABLISHMENT OF ONE OR MORE SUBSIDIARIES AND TO REQUIRE SUCH ENTITY TO COMPLY WITH THE FREEDOM OF INFORMATION ACT; TO ESTABLISH ADDITIONAL HOSPITALS OR OTHER CLINICS; TO AUTHORIZE THE EXERCISE OF CERTAIN POWERS GENERALLY CONFERRED ON REGIONAL HEALTH SERVICE DISTRICTS; TO AMEND ACT 1285 OF 1966, RELATING TO THE NAME OF THE GREENVILLE HOSPITAL SYSTEM, SO AS TO CHANGE THE NAME OF THE BOARD TO THE GREENVILLE HEALTH SYSTEM BOARD OF TRUSTEES; TO REQUIRE THE BOARD OF TRUSTEES TO REIMBURSE THE COUNTY FOR ANY DAMAGES THE COUNTY MAY BE REQUIRED TO PAY THE CITY UNDER A CONTRACT ARISING OUT OF ACT 432 OF 1947; AND TO REPEAL CERTAIN PROVISIONS CONTINGENT UPON STIPULATIONS OF GREENVILLE CITY COUNCIL.

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

Senators J. VERNE SMITH, BRYAN, THOMAS, FAIR and ANDERSON proposed the following Amendment No. 1 (PSD\7413AC.97), which was adopted:

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

/SECTION   1.   Section 4 of Act 432 of 1947, as last amended by Act 546 of 1951, is further amended to read:

"Section 4.   For the purpose of operating and at all times maintaining adequate hospital facilities for the residents of Greenville County, including those residents of said County who shall reside in the City of Greenville, there is established a Board, to be known as the Greenville General Hospital Board of Trustees. Said Board shall consist of seven (7) members, all of whom shall be qualified electors. Three (3) of said members, designated for convenience as 'City however, the board, in accordance with this item, may enter into joint ventures, partnerships, alliances, networks, and business relationships and organizations with other governmental and nongovernmental Members', shall reside within the corporate limits of the City of Greenville; three (3) of said members, designated for convenience as 'County Members' shall reside within the corporate limits of Greenville County but without the corporate limits of the City of Greenville; and, the seventh member, designated for convenience as 'Member at Large', shall reside within the County of Greenville, either within or without the corporate limits of the City of Greenville. The initial membership of the Board shall consist of the following persons: R.S. Huntington, W.B. Ellis, Jr., and Sidney Bruce as City Members; John Ratteree, Allen League and Charles V. Verner as County Members; and Allen Sibley, as Member at Large, each of whom is found to have the qualifications for membership prescribed by the provisions of this Section. Of the initial Board, two (2) shall have a term ending October 1st, 1949, two shall have a term ending October 1st, 1951, and three shall have a term ending October 1st, 1953. Upon being apprised of the favorable result of the election, required by the provisions of Section 2 hereof, said Board shall meet as soon as may be practicable and organize by electing one of their number as Chairman, a second as Vice-Chairman, and a third as Secretary, whereupon, after the organization of said Board, it shall determine by lot and duration of the term of each member, in order that the requirements of this Section shall be complied with. And, upon the terms of the several members being thus determined, the Secretary of said Board shall certify the same to the Governor of South Carolina, who shall issue commissions to each member for the term required by this Act. A full transcript of the records of the initial organization shall be filed with the Clerk of Court of Greenville County, by the Secretary of said Board, and shall be recorded and indexed by that official. Subsequent terms of office of the members of said Board of Trustees shall be for a term of six (6) years. Vacancies on the Board, either among the initial appointees, or among their successors in office, occurring by reason of death, resignation, refusal to serve or otherwise, shall be for the remainder of the term of the office in which the vacancy shall have occurred. If, upon the expiration of the term of any member of the Board of Trustees, a successor shall not have been appointed, the member whose term has thus expired shall hold over until the appointment and qualification of his successor, but this provision shall not extend the term of the successor beyond the six (6) year period herein provided for. All vacancies shall be filled in the following manner: If the vacancy in office shall be for a "City Member", the remaining members of the Board, or a majority thereof, shall submit a nomination or nominations to the City Council of the City of Greenville for its approval; if the vacancy in office shall be for a "County Member", the remaining members of the Board, or a majority thereof, shall submit a nomination or nominations to the Greenville County Delegation to the General Assembly for its approval; and, if the vacancy in office shall be for the "Member at Large", the remaining members of the Board, or a majority thereof, shall submit a nomination or nominations to the City Council of the General Assembly for their approval. Upon the approval of a majority of the City Council of the City of Greenville, or a majority of the Greenville County Delegation to the General Assembly, as the case may be, or by both in the event the nomination be for the "Member at Large", then the Clerk of City Council, or the Secretary or Acting Secretary of the County Delegation, or both, as the case may be, shall certify their approval to the Governor of South Carolina, who shall commission the nominee for the term provided. By the provisions of this Section. All members of the Board shall service without compensation. Appointments and acceptances thereof shall be duly filed in the office of the Clerk of Court for Greenville County. 'PROVIDED, that from and after the effective date of this proviso, the Greenville General Hospital Board of Trustees shall be enlarged by the addition thereto of three (3) members, viz: Carl Morgan, C.S. Merriner and Waddy R. Thompson. Said additional members shall be members at large and their terms of office shall be to June 30, 1953, and their commissions shall, upon the approval of this proviso be issued by the Governor of South Carolina. They shall have the same duties, powers and authorities as the other seven (7) members of the Board. If any of these additional members shall fail to qualify or accept their appointment or in case a vacancy shall occur among their number, such vacancy or vacancies shall be filled for the unexpired term in like manner as provided above in this Section for the selection of the member at large. At the expiration of the terms of the three (3) additional members provided for in this proviso, the Board of Trustees of said Hospital shall revert to a seven (7) member Board as originally provided for in this Section.

(A)   For the purpose of operating and at all times maintaining adequate hospital facilities for the residents of Greenville County, including those residents in the City of Greenville, there is established the Greenville Health System Board of Trustees.

(B)(1)   If the Greenville City Council by ordinance so stipulates, the board of trustees shall consist of nine members to be appointed by the Governor pursuant to this section, all of whom must be qualified electors and whom must reside within the corporate limits of Greenville County. Of the nine members, one must reside in House District 17 or 19, one must reside in House District 18 or 21, one must reside in House District 20 or 22, one must reside in House District 23 or 25, one must reside in House District 24 or 26, and one must reside in House District 27 or 28; of these six house district members, no more than one may reside in the City of Greenville. Two members must be members at large and must reside within the corporate limits of the City of Greenville. One member must be a member at large who may reside in the county or city and must be a physician who is not principally employed in medical administration.

The board shall publicize vacancies and recommendations may be made to the board from any individual, organization, or group. The board shall submit at least two names for each vacancy on the board except that only one name is required to be submitted for the physician member. Names for all house district members and the physician member must be submitted by the board to the Greenville County Legislative Delegation, and names for the two members from the City of Greenville must be submitted by the board to the Greenville City Council. However, the Legislative Delegation may reject any or all of the names submitted to it, and the city council may reject any or all of the names submitted to it, and either may request the board to submit additional names. The county legislative delegation or the city council, as the case may be, with a quorum present and by majority vote shall select one nominee from the names submitted to it for each vacancy to submit to the Governor for appointment. All recommendations, nominations, and appointments to the board shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of Greenville County.

(2)   If the Greenville City Council does not by ordinance stipulate to the composition and nominating procedures provided for in this subsection, the board of trustees shall consist of nine members to be appointed by the Governor pursuant to this section, all of whom must be qualified electors and whom must reside within the corporate limits of Greenville County. Of the nine members, one must reside in House District 17 or 19, one must reside in House District 18 or 21, one must reside in House District 20 or 22, one must reside in House District 23 or 25, one must reside in House District 24 or 26, and one must reside in House District 27 or 28; of these six house district members, no more than one may reside in the City of Greenville. Three members must be members at large with no more than one member residing in the corporate limits of the City of Greenville. One of the at-large members must be a physician who is not principally employed in medical administration.

The board shall publicize vacancies and recommendations may be made to the board from any individual, organization, or group. The board shall submit at least two names for each vacancy on the board except that only one name is required to be submitted for the physician member. Names for all vacancies must be submitted by the board to the Greenville County Legislative Delegation which, with a quorum present and by majority vote, shall select one nominee for each vacancy to submit to the Governor for appointment. However, the legislative delegation may reject any or all of the names submitted to it and may request the board to submit additional names. All recommendations, nominations, and appointments to the board shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of Greenville County.

(C)   Members shall serve terms of six years and until their successors are appointed and qualify; however, members must be appointed no later than six months after a term expires. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. No member may serve more than one consecutive full term. However, if a person is appointed to fill an unexpired portion of a term and the remainder of the term is less than four years, the person may be reappointed to one full term. Appointments must be filed in the office of the Clerk of Court for Greenville County.

(D)   The board shall elect from its members a chairman, vice chairman, and secretary. Members shall serve without compensation.

(E)   Notwithstanding the provisions of this subsection (B), four members must be appointed in 1997, two to fill terms expiring in 1997 and two added by the provisions of this act. Of these four appointees, one must be drawn by lot, shall serve a two-year term, and may be reappointed. When the term expires for the member whose name was drawn by lot, the board, in filling this vacancy, is not required to submit any name for consideration, other than this member's name.

(F)   Members serving on this act's effective date shall continue serving until their terms in effect at the time of their appointment expire, at which time new members appointed to replace these members must be appointed pursuant to this section."

SECTION   2.   If the County of Greenville is required to pay the City of Greenville damages under a contractual obligation arising from provisions of Section 3(1) of Act 432 of 1947, within thirty days of the county paying the city, the Greenville Health System Board of Trustees shall reimburse Greenville County for the damages paid, not to exceed one million five hundred thousand dollars.

SECTION   3.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator J. VERNE SMITH explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator J. VERNE SMITH, with unanimous consent, H. 3858 was ordered to receive a third reading on Friday, May 30, 1997.

H. 3626 -- Rep. Harrell: A BILL TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 27 SO AS TO ENACT THE TOURISM INFRASTRUCTURE TAX ACT AND WHICH PROVIDES THAT A PORTION OF ADMISSIONS TAXES PAID TO CERTAIN TOURISM AND RECREATION FACILITIES MAY BE USED FOR ADDITIONAL INFRASTRUCTURE IMPROVEMENTS, PROVIDES FOR THE FUND INTO WHICH THESE REVENUES MUST BE DEPOSITED AND THE USES TO WHICH THEY MAY BE PUT FOR THE ADMINISTRATION AND DURATION OF THE PROGRAM, AND FOR THOSE FACILITIES ELIGIBLE TO PARTICIPATE; AND TO REPEAL SECTION 12-21-2423, RELATING TO A SIMILAR USE OF A PORTION OF ADMISSIONS TAX REVENUES.

Senator LEVENTIS asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

Senator SHORT proposed the following Amendment No. 1 (3626R001.LHS), which was adopted:

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

/SECTION ______.   A. Section 12-6-3470(C) of the 1976 Code is amended to read:

"(C) The income tax credit provided by subsection (A) is not allowed unless the taxpayer also makes available full individual or participating family health care coverage for the benefit of each qualified employee for which the credit is earned.

(C)   In order to claim the credit provided in subsection (A) an employer must make health insurance available to the qualified employee. All conditions including employer contributions and employer imposed waiting periods for the qualified employee must be on the same basis and under the same conditions as that of any other employee employed by the employer claiming the credit. The credit is allowed from the date of hire for each full month of employment notwithstanding an employer imposed waiting period which must not exceed twelve months.

Nothing in this section may be construed to require employers to pay for all or part of any health insurance coverage for a qualified employee in order to claim the credit if an employer does not pay for all or part of health insurance coverage for his other employees."

B.   Section 12-6-3470(C), as amended by this act, is the last expression of the General Assembly notwithstanding any similar provisions passed in any other act of this year. The General Assembly finds that the provisions of this act are controlling and directs the Code Commissioner to codify Section 12-6-3470(C) as amended by this act./

Renumber SECTIONS to conform.

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

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

H. 3275 -- Reps. Klauber, Seithel, Sharpe, Simrill, Knotts, Fleming, Miller, Whatley, Robinson, Trotter, Hawkins, Sandifer, Bauer, R. Smith, Woodrum, Limbaugh, Young, Haskins, Wilder, D. Smith, Webb, Barrett, Witherspoon, Harrell, Leach, Young-Brickell, Kelley, Rodgers and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-33 SO AS TO PROVIDE THAT CERTAIN PRISONERS MAY BE HOUSED IN TENTS; AND TO REPEAL CHAPTER 9 OF TITLE 24 RELATING TO THE JAIL AND PRISON INSPECTION PROGRAM.

On motion of Senator THOMAS, with unanimous consent, the Bill was recommitted to the Committee on Corrections and Penology.

S. 773 -- Senator Courson: A SENATE RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE SENATE CHAMBER ON THURSDAY, NOVEMBER 6, 1997, AND FRIDAY, NOVEMBER 7, 1997, FOR ITS ANNUAL MEETING.

The Senate Resolution was adopted.

H. 3837 -- Reps. Stille, Parks, Carnell and Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME A SECTION OF S. C. HWY. 72 IN ABBEVILLE COUNTY IN HONOR OF CHARLES L. POWELL AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.

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

H. 3155 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.

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

Senator PEELER explained the Bill.

Senator THOMAS objected to further consideration.

H. 3207 -- Reps. Seithel and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-35 SO AS TO PROHIBIT DRINKING GAMES IN ESTABLISHMENTS WHICH SELL ALCOHOLIC LIQUORS FOR CONSUMPTION ON THE PREMISES, TO PROVIDE PENALTIES, AND TO DEFINE "DRINKING GAMES" AND "ALCOHOLIC LIQUORS".

Senator LEVENTIS asked unanimous consent to make a motion to take up the Bill for immediate consideration.

Senator RANKIN objected.

S. 632 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICES BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE ON JULY 1, 1999, AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED UPON STATE AGENCIES IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.

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

Senator PASSAILAIGUE explained the Resolution.

Senator JACKSON objected to further consideration.

H. 4231 -- Reps. Delleney, Canty and D. Smith: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, JUNE 17, 1997, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SIXTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001.

The Senate proceeded to a consideration of the Resolution. The question being the adoption of the Concurrent Resolution.

Senator McCONNELL proposed the following Amendment No. 1 (JUD4231.001):

Amend the resolution, as and if amended, by adding an appropriately numbered paragraph to read:

/ Notwithstanding any other provision of law and for purposes of this election only, no candidate may be elected to the judicial offices set forth in this resolution unless he receives a majority vote of the Senators present and voting and a majority vote of the members of the House of Representatives present and voting./

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator RYBERG moved to carry over the Resolution.

The PRESIDENT was unable to ascertain the decision of the Senate on the voice vote on the motion to carry over.

The PRESIDENT ordered a roll call vote.

Senator MOORE raised a Point of Order that the PRESIDENT was not permitted to order a roll call on his own motion, but instead could only order a roll call in compliance of provisions of Rule 16.

A roll call was requested.

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

Bryan                     Elliott                   Fair
Hayes                     Reese                     Ryberg
Thomas                    Waldrep                   Wilson

Alexander                 Anderson                  Courson
Courtney                  Ford                      Glover
Gregory                   Hutto                     Jackson
Land                      Lander                    Leatherman
Leventis                  Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Passailaigue
Patterson                 Peeler                    Rankin
Ravenel                   Rose                      Russell
Saleeby                   Setzler                   Smith, J. Verne
Williams                  

The Senate refused to carry over the Resolution.

Senator RYBERG objected to further consideration.

H. 3850 -- Reps. Robinson and Vaughn: A BILL TO AMEND SECTION 12-2-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED SIGNATURES ON TAX RETURNS, SO AS TO OMIT REFERENCE TO SOUTH CAROLINA CODE AND TO ADD REFERENCE TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-21-2738, AS AMENDED, RELATING TO THE PENALTY FOR FAILURE TO COMPLY WITH LICENSING OF GAMING MACHINES, SO AS TO REQUIRE THAT ONE-HALF THE PENALTY BE RETAINED AND EXPENDED BY THE AGENCY CHARGING THE VIOLATION; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO CHANGE REFERENCE TO "GAS AND OTHER FUELS" TO "MOTOR FUEL, BLENDED FUEL, AND ALTERNATIVE FUEL" IN THE EXEMPTION PERTAINING THERETO; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTY FOR FAILURE TO MAKE A TIMELY PAYMENT OF TAX DUE THE STATE BECAUSE OF NEGLIGENCE OR FRAUD, SO AS TO UPDATE REFERENCE TO SOUTH CAROLINA CODE; TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS IN THE REVENUE PROCEDURES ACT, SO AS TO CLARIFY THE MEANING OF "ASSESSMENT"; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO RULEMAKING, SO AS TO UPDATE REFERENCE TO INTERNAL REVENUE CODE; TO AMEND SECTION 8-21-790, AS AMENDED, RELATING TO THE DISPOSITION OF FEES FOR SETTLEMENT OF ESTATES, SO AS TO REQUIRE NO LESS THAN MONTHLY PAYMENTS BY THE DEPARTMENT OF REVENUE; AND TO AMEND SECTION 56-31-50, AS AMENDED, RELATING TO PRIVATE CAR RENTAL SURCHARGES, SO AS TO MAKE THEM PAYABLE TO THE DEPARTMENT OF REVENUE, NOT TO THE STATE TREASURER'S OFFICE.

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

S. 567 -- Senators Wilson and Giese: A BILL TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGY AND COSMETOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS, TO DISCONTINUE THE ISSUANCE OF TEMPORARY PERMITS AND TO TRANSFER STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO BEAUTY SCHOOLS.

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

H. 3919 -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3365 SO AS TO ALLOW A TAXPAYER WHO OPERATES A QUALIFYING DISTRIBUTION FACILITY TO USE INCOME TAX CREDITS AGAINST OTHER STATE TAX LIABILITIES OTHER THAN PROPERTY TAX; TO AMEND SECTION 12-6-3490, RELATING TO THE LICENSE TAX CREDIT FOR CASH PAID TO PROVIDE INFRASTRUCTURE FOR A QUALIFIED PROJECT, SO AS TO ALLOW A PUBLICLY BUILT OFFICE PARK TO QUALIFY AS A QUALIFYING PROJECT AND DEFINE A QUALIFYING PROJECT; AND TO AMEND SECTION 12-14-60, RELATING TO THE ECONOMIC IMPACT ZONE INVESTMENT TAX CREDIT, SO AS TO ALLOW A TEN YEAR CARRY-OVER OF THE CREDIT.

Senator LAND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Senator LAND explained the Bill.

Senators LAND and GREGORY proposed the following Amendment No. 2A (JIC\6152HTC.97), which was adopted:

Amend the bill, as and if amended, by adding two appropriately numbered SECTIONS to read:

/SECTION   _____.   Section 4-29-10(3) of the 1976 Code is amended to read:

"(3)   'Project' means any land and any buildings and other improvements on the land including, without limiting the generality of the foregoing, water, sewage treatment and disposal facilities, air pollution control facilities, and all other machinery, apparatus, equipment, office facilities, and furnishing furnishings which are considered necessary, suitable, or useful by the following or any combination thereof of them: (a) any enterprise for the manufacturing, processing, or assembling of any agricultural or manufactured products; (b) any commercial enterprise engaged in storing, warehousing, distributing, transporting, or selling products of agriculture, mining, or industry, or engaged in providing laundry services to hospitals, to convalescent homes, or to medical treatment facilities of any type, public or private, within or outside of the issuing county or incorporated municipality and within or outside of the State; (c) any enterprise for research in connection with any of the foregoing or for the purpose of developing new products or new processes or improving existing products or processes; (d) any enterprise engaged in commercial business, including, but not limited to, wholesale, retail, or other mercantile establishments; residential and mixed use developments of two thousand five hundred acres or more; office buildings; computer centers; tourism, sports, and recreational facilities; convention and trade show facilities; and public lodging and restaurant facilities if the primary purpose is to provide service in connection with another facility qualifying under this subitem; and (e) any enlargement, improvement, or expansion of any existing facility in subitems (a), (b), (c), and (d) of this item. The term 'project' does not include facilities for an enterprise primarily engaged in the sale or distribution to the public of electricity, gas, or telephone services. A project may be located in one or more counties or incorporated municipalities. The term 'project' also includes any structure, building, machinery, system, land, interest in land, water right, or other property necessary or desirable to provide facilities to be owned and operated by any person, firm, or corporation for the purpose of providing drinking water, water, or wastewater treatment services or facilities to any public body, agency, political subdivision, or special purpose district. This definition is for purposes of industrial revenue bonds only."

SECTION   _____.   Section 31-13-340 of the 1976 Code, as last amended by Act 538 of 1988, is further amended by adding the following paragraph:

"The authority is authorized to establish and fund through the State Housing, Finance, and Development Authority Program Fund a program to provide credit enhancements for designated economic development projects selected by the Department of Commerce."/

Renumber sections to conform.

Amend title to conform.

Senator LAND explained the amendment.

The amendment was adopted.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

H. 3650 -- Reps. Felder, Harrison, Cotty, Young, Davenport and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-515 SO AS TO PROVIDE PROCEDURES FOR THE DEPARTMENT OF SOCIAL SERVICES ISSUING A NOTICE OF FINANCIAL RESPONSIBILITY TO PERSONS OWING CHILD SUPPORT; TO AMEND SECTION 12-6-3470, AS AMENDED, RELATING TO THE EMPLOYER TAX CREDIT FOR EMPLOYING PERSONS WHO RECEIVED AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC), SO AS TO CHANGE AFDC TO FAMILY INDEPENDENCE, TO REVISE HEALTH INSURANCE REQUIREMENTS TO OBTAIN THE TAX CREDIT AND TO REVISE PROCEDURES FOR EMPLOYERS OBTAINING INFORMATION ON THE AVAILABILITY OF POTENTIAL EMPLOYEES; TO AMEND SECTION 20-7-941, RELATING TO LICENSE REVOCATION FOR NONPAYMENT OF CHILD SUPPORT, SO AS TO REVISE THE DEFINITION OF "LICENSE" WITH REGARD TO HUNTING, FISHING, OR TRAPPING; TO AMEND SECTION 20-7-944, AS AMENDED, RELATING TO LICENSING ENTITIES WHICH MUST PROVIDE INFORMATION TO THE DEPARTMENT OF SOCIAL SERVICES FOR CHILD SUPPORT ENFORCEMENT, SO AS TO REVISE THE FORM IN WHICH THIS INFORMATION MUST BE PROVIDED; TO AMEND SECTION 20-7-9520, AS AMENDED, RELATING TO SERVING A NOTICE OF FINANCIAL RESPONSIBILITY ON PERSONS OWING CHILD SUPPORT DEBTS, SO AS TO PROVIDE NOTICE FOR A RESCHEDULED OR SUBSEQUENT HEARING; TO AMEND SECTION 20-7-9530, AS AMENDED, RELATING TO PROCEDURES FOR FAILING TO APPEAR FOR A NEGOTIATION CONFERENCE CONCERNING A CHILD SUPPORT OBLIGATION, SO AS TO REQUIRE THE CONFERENCE TO BE RESCHEDULED IF THE PERSON DID NOT RECEIVE PROPER NOTICE; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID AND ASSISTANCE, SO AS TO, AMONG OTHER THINGS, CONFORM PROVISIONS TO THE FAMILY INDEPENDENCE ACT OF 1995, TO REVISE PROVISIONS TO ASSIST IMPLEMENTING THAT ACT AND TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 43-5-580, AS AMENDED, RELATING TO ENFORCEMENT OF SUPPORT OBLIGATIONS OF ABSENT PARENTS, SO AS TO REVISE THE DEFINITION OF AN APPLICANT FOR FAMILY INDEPENDENCE BENEFITS; TO AMEND SECTION 43-5-1110, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995, SO AS TO CHANGE THE TERM "AFDC" TO "FAMILY INDEPENDENCE"; TO AMEND SECTION 43-5-1120, RELATING TO EMPLOYMENT AND TRAINING PROGRAMS FOR FAMILY INDEPENDENCE APPLICANTS, SO AS TO PROVIDE THAT REFERRING CERTAIN APPLICANTS TO A JOB CLUB IS OPTIONAL RATHER THAN MANDATORY; TO AMEND SECTION 43-5-1135, RELATING TO STATE AGENCY GOALS TO EMPLOY WELFARE RECIPIENTS, SO AS TO CONFORM TERMS AND TO ESTABLISH ADDITIONAL GOALS; TO AMEND SECTION 43-5-1150, RELATING TO THE JOB TRAINING AND PARTNERSHIP ACT (JTPA) INCENTIVE FUNDS, SO AS TO ESTABLISH A GOAL OF FORTY PERCENT OF FAMILY INDEPENDENCE RECIPIENTS PARTICIPATING IN JTPA PROGRAMS; TO AMEND SECTION 43-5-1185, RELATING TO FAMILY SKILLS TRAINING PROGRAMS, SO AS TO MAKE PARTICIPATION IN THIS PROGRAM BASED ON NEED RATHER THAN REQUIRED AS A CONDITION OF ELIGIBILITY; TO AMEND SECTION 43-5-1190, RELATING TO AFDC ELIGIBILITY REQUIREMENTS, SO AS TO CONFORM TERM TO "FAMILY INDEPENDENCE" ELIGIBILITY; TO AMEND SECTION 43-5-1200, RELATING TO VEHICLE AND OTHER ASSET LIMITS FOR AFDC ELIGIBILITY, SO AS TO CONFORM TERMS AND EXEMPT ONE VEHICLE FROM THE ASSET LIMIT; TO REPEAL SECTION 43-1-130, RELATING TO THE FEDERAL WORK INCENTIVE PROGRAM; AND TO REPEAL SECTIONS 43-5-510, 43-5-520, 43-5-530, 43-5-540, 43-5-550, 43-5-560, 43-5-570, AND 43-5-640, ALL RELATING TO THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT.

Senator MOORE asked unanimous consent to make a motion to recall the Bill from Legislative Council.

There was no objection.

A message was sent to Legislative Council accordingly.

Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Third reading of the Bill was reconsidered.

Senator MOORE proposed the following Amendment No. 1 (JUD3650.002), which was adopted:

Amend the bill, as and if amended, page 20, line 9, in Section 43-4-140(a), as contained in SECTION 7, by striking the word /ever/ and inserting / ever every/.

Amend the bill further, as and if amended, page 35, line 18, by adding appropriately numbered SECTIONS to read:

/SECTION   _____.   Subarticle 6, Article 9, Chapter 7, Title 20 of the 1976 Code is amended by adding:

Section 20-7-1332.   (A)   A child support obligation which is unpaid in an amount equal to or greater than one thousand dollars, as of the date on which it was due, is a lien in favor of the obligee in an amount sufficient to satisfy unpaid child support, whether the amount due is a fixed sum or is accruing periodically. An amount of restitution established by the Department of Social Services, Child Support Enforcement Division, or its designee (division) or the family court is due and payable as of the date the amount is established. The lien shall incorporate any unpaid child support which may accrue in the future and does not terminate except as provided in subsection (D). Upon recordation or registration in accordance with subsection (C), the lien shall encumber all tangible and intangible property, whether real or personal, and an interest in property, whether legal or equitable, belonging to the obligor. An interest in property acquired by the obligor after the child support lien arises is subject to the lien, subject to the limitations provided in subsections (C) and (D).

(B)   When the division determines that child support is unpaid in an amount equal to or greater than one thousand dollars, it shall send written notice to the obligor by first-class mail to the obligor's last known address, as filed with the tribunal pursuant to Section 20-7-854. The notice shall specify the amount unpaid as of the date of the notice or other date certain and the right of the obligor to request an administrative review by filing a written request with the division within thirty days of the date of the notice. If the obligor files a timely written request for an administrative review, the division shall conduct the review within thirty days of receiving the request.

(C)   The division shall file notice of a lien with respect to real property with the register of mesne conveyances for any county in the State where the obligor owns property. The social security number of the obligor must be noted on the notice of the lien. The filing operates to perfect a lien when recorded, as to any interest in real property owned by the obligor that is located in the county where the lien is recorded. A special index for liens created under this section must be maintained by the register of mesne conveyances of each county of the State. If the obligor subsequently acquires an interest in real property, the lien is perfected upon the recording of the instrument by which the interest is obtained in the register of mesne conveyances where the notice of the lien was filed within six years prior thereto. A child support lien is perfected as to real property when both the notice thereof and a deed or other instrument in the name of the obligor are on file in the register of mesne conveyances for the county where the obligor owns property without respect to whether the lien or the deed or other instrument was recorded first. The division also shall file notice of a child support lien, with the social security number of the obligor on the notice, with respect to personal property with the Department of Natural Resources, a county, or other office or agency responsible for the filing or recording of liens. The filing of a notice of a lien or of a waiver or release of a lien must be received and registered or recorded without payment of a fee. The division may file notice of a lien or waiver or release of a lien or may transmit information to or receive information from any registry of deeds or other office or agency responsible for the filing or recording of liens by any means, including electronic means. Any lien placed against a vehicle with a title issued by the Division of Motor Vehicles is not perfected until notation of the lien is recorded on the vehicle's title by the Division of Motor Vehicles. No fee is required to reissue this title. The perfected lien is not subordinate to a recorded lien except a lien that has been perfected before the date on which the child support lien was perfected. The division, upon request of the obligor, may subordinate the child support lien to a subsequently perfected mortgage. To assist in the collection of a debt by the division, the division may disclose the name of an obligor against whom a lien has arisen and other identifying information including the existence of the lien and the amount of the outstanding obligation.

(D)   The lien expires upon termination of a current child support obligation and payment in full of unpaid child support or upon release of the lien by the division. In any event, a lien under this section expires six years from the date on which the lien was first perfected. The lien may be extended for additional periods of six years each by recording, during the fifth year of the lien, a further notice of the lien, as provided in subsection (C), without affecting the priority of the lien. Expiration of the lien does not terminate the underlying order or judgment of child support. The division may issue a full or partial waiver of a lien imposed under this section. The waiver or release is conclusive evidence that the lien upon the property covered by the waiver or release is extinguished.

(E)   If an obligor against whom a lien has arisen and has been perfected under subsection (C) neglects or refuses to pay the sum due after the expiration of the thirty-day notice period specified in subsection (B), the division may collect the unpaid child support and levy upon all property as provided in this section. For the purposes of this section, 'levy' includes the power of distraint and seizure by any means. A person in possession of property upon which a lien having priority under subsection (C) has been perfected, upon demand, shall surrender the property to the division as pursuant to this section. Financial institutions which hold assets of an obligor, after proper identification and notification by the division, shall encumber or surrender deposits, credits, or other personal property held by the institution on behalf of an obligor who is subject to a child support lien, pursuant to Section 43-5-596. Financial institutions are allowed to either submit account information directly to the State where it is matched against the parent data base, or financial institutions may request a file and complete the comparison and submit it directly to the State. The social security number must be used for the matching process and not the full name of the person who maintains an account with that entity. A levy on property held by an organization with respect to a life insurance or endowment contract, without necessity for the surrender of the contract document, constitutes a demand by the division for payment of the amount of the lien and the exercise of the right of the obligor to the advance of the amount. The organization shall pay the amount ninety days after service of the notice of levy. The levy is considered satisfied if the organization pays over to the division the full amount which the obligor could have had advanced to him, if the amount does not exceed the amount of the lien. Whenever any property upon which levy has been made is not sufficient to satisfy the claim of the state for which levy is made, the division thereafter, as often as may be necessary, proceed to levy, without further notice, upon any other property of the obligor subject to levy upon first perfecting its lien as provided in subsection (C), until the amount due from the obligor and the expenses are fully paid. With respect to a seizure or levy of real property or tangible personal property, the sheriff shall proceed in the manner prescribed by Sections 15-39-610, et seq., insofar as these sections are not inconsistent with this section. The division has rights to property remaining after satisfying superior perfected liens, as provided in subsection (C).

(F)   Upon demand by the division, a person who fails or refuses to surrender property subject to levy pursuant to this section is liable in his own person and estate to the State in a sum equal to the value of the property not so surrendered but not exceeding the amount of the lien, and the costs at the rate established by Section 23-19-10.

(G)   A person in possession of, or obligated with respect to, property who, upon demand by the division, surrenders the property or discharges the obligations to the division or who pays a liability under this section, must be discharged from any obligation or liability to the obligor arising from the surrender or payment. A levy on an organization with respect to a life insurance or endowment contract which is satisfied pursuant to this section, discharges the organization from any obligation or liability to any beneficiary arising from the surrender or payment.

(H)   The division shall send timely written notice to the obligor by first-class mail of any action taken to perfect a lien, execute a levy, or seize any property. The notice shall specify the amount due, the steps to be followed to release the property so placed under lien, levied, or seized, and the time period within which to respond to the notice and shall include the name of the court or administrative agency of competent jurisdiction which entered the child support order.

(I)   A person aggrieved by a determination of the division pursuant to subsection (B), upon exhaustion of the procedures for administrative review, may seek judicial review in the court where the order or judgment was issued or registered. Commencement of the review shall not stay enforcement of child support. The court may review the proceedings taken by the division pursuant to this section and may correct any mistakes of fact; however, the court may not reduce or retroactively modify child support arrears.

(J)   A child support enforcement agency in a jurisdiction outside this State may request the division to enforce a child support order issued by a court or administrative agency in another jurisdiction or a lien arising under the law of another jurisdiction. The order or lien must be accorded full faith and credit and the order or lien must be enforced as if the order was issued or the lien arose in South Carolina, without the necessity of registering the order with the court.

(K)   The division is authorized to promulgate rules and regulations, if necessary, to implement the provision of this section."

SECTION   _____.   The 1976 Code is amended by adding:

"Section 43-5-598.   (A)   As used in this section:

(1)   'Business day' means a day on which state offices are open for regular business.

(2)   'Date of hire' means the first day the employee works for which the employee is entitled to compensation from the payor of income.

(3)   'Department' means the Department of Social Services, or its designee.

(4)   'Employer' includes a governmental entity and labor organization and means a person doing business in this State for whom an individual performs a service, of whatever nature, as the employee of the person and except that:

(a)   if the person for whom the individual performs services does not have control of the payment of wages for the services, the term 'employer' means the person having control of the payment of wages; and

(b)   in the case of a person paying wages on behalf of a nonresident alien, individual, foreign partnership, or foreign corporation, not engaged in trade or business within the United States, the term 'employer' means that person.

(5)   'Labor organization' means an organization in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. Hiring halls, which refer individuals for jobs with employers, are 'labor organizations' to the extent that they exist pursuant to an agreement with an employer engaged primarily in the building and construction industry under Section 8(f)(3) of the National Labor Relations Act.

(6)   'New hire' includes an individual newly employed or an individual who has been rehired or has returned to work after being laid off, furloughed, separated, granted leave without pay, or terminated from employment.

(B)   By October 1, 1998, the department shall establish a state directory of new hires which shall contain information supplied in accordance with subsection (C) by employers on each new hire.

(C)   Beginning October 1, 1998, an employer who hires an employee who resides or works in this State shall report the hiring of the employee to the state directory of new hires within twenty calendar days of the hiring of the employee. However, in the case of an employer transmitting reports magnetically or electronically, these reports must be transmitted semi-monthly, if necessary, not less than twelve nor more than sixteen days apart. The report submitted shall contain:

(1)   the employer's name, address, and federal identification number assigned to the employer under Section 6109 of the Internal Revenue Code of 1986; and

(2)   the employee's name, address, and social security number.

(D)   For purposes of this section, an employer must not report information on an employee of a federal or state agency performing intelligence or counterintelligence functions if the head of the agency has determined that reporting pursuant to this section with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.

(E)   An employer that has employees who are employed in two or more states and that transmits reports magnetically or electronically may comply with subsection (C) by designating one state in which the employer has employees to which the employer will transmit the report required by subsection (C) and transmitting the report to that state. An employer that transmits reports pursuant to this subsection shall notify the Secretary of the United States Department of Health and Human Services in writing as to which state the employer designates for the purpose of sending reports.

(F)   Each report required by subsection (C) must be made on a W-4 form or, at the option of the employer, an equivalent form and may be transmitted by first-class mail, facsimile, magnetically, or electronically. Magnetic and electronic submissions must be in a format prescribed by the department.

(G)   If an employer fails to report the hiring of an employee pursuant to this section, the employer is subject to a civil penalty of no more than:

(1)   twenty-five dollars for the second offense and every offense thereafter unless the employer can demonstrate good cause for not reporting the hiring; or

(2)   five hundred dollars for each and every offense, if the failure is the result of a conspiracy between the employer and the employee not to supply the required report or to supply a false or incomplete report. Fines imposed pursuant to this subsection must be enforced as provided for in Section 20-7-420(43) and distributed according to Section 20-7-856.

(H)   Information must be entered into the data base maintained by the state directory of new hires within five business days of receipt from an employer pursuant to subsection (C).

(I)   No later than May 1, 1998, the department shall conduct automated comparisons of the social security numbers reported by employers pursuant to subsection (C) and the social security numbers appearing in the records of the State Case Registry created pursuant to Section 43-5-610 for cases being enforced under the federally-approved child support program administered by the department.

(J)   When an information comparison conducted under paragraph (I) reveals a match with respect to the social security number of an individual in the records of the State Case Registry, the state directory of new hires shall provide the department with the information reported by the employer pursuant to subsection (C).

(K)   Within two business days after the date information regarding a newly hired employee is entered into the state directory of new hires, the department shall transmit a notice to the employer of the employee directing the employer to withhold from the income of the employee an amount equal to the monthly, or other periodic, child support obligation, including any past-due child support obligation, of the employee, unless the employee's income is not subject to withholding pursuant to Section 20-7-1315.

(L)   Within three business days after the date information regarding a newly hired employee is entered into the state directory of new hires, the state directory of new hires shall furnish the information to the national directory of new hires.

(M)   The state directory of new hires shall include reports received from the Employment Security Commission pursuant to Section 43-5-620. The state directory of new hires shall furnish these reports, on a quarterly basis, to the national directory of new hires by the dates, in the format, and containing the information the Secretary of the United States Department of Health and Human Services specifies in regulations.

(N)   Information maintained in the state directory of new hires and national directory of new hires may be utilized for these purposes:

(1)   The department shall use information received pursuant to subsection (I) to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing child support obligations and may disclose this information to a public or private agency that is under contract with the department to carry out these purposes.

(2)   The department shall have access to information reported by employers pursuant to subsection (C) for purposes of verifying eligibility for these state administered programs:

(a)   Temporary Assistance for Needy Families;

(b)   Medicaid under Title XIX of the Social Security Act;

(c)   food stamps;

(d)   unemployment compensation benefits; and

(e)   any state program under a plan approved under Title I, X, XIV, or XVI of the Social Security Act.

(3)   The Employment Security Commission shall have access to information reported by employers pursuant to subsection (C) for purposes of administering the employment security program.

(4)   The Workers' Compensation Commission or its designee shall have access to information reported by employers pursuant to subsection (C) for purposes of administering the workers' compensation program.

(O)   This section remains in effect until the federal mandate requiring a mandatory new hire reporting program is repealed."

SECTION   _____.   Section 20-7-1332 and Section 43-5-598, as added by this act, are the last expressions of the General Assembly notwithstanding any similar provisions passed in any other act of this year. The General Assembly finds these provisions of this act to be controlling and directs the Code Commissioner to codify Sections 20-7-1332 and 43-5-598, as added by this act./

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

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

On motion of Senator COURSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Suzie Hill Brinkley of Columbia, S.C.

Senator SETZLER moved that when the Senate adjourns on Friday, May 30, 1997, it stand adjourned to meet next Tuesday, June 3, 1997, at 12:00 Noon, which motion was adopted.

At 1:10 P.M., on motion of Senator SETZLER, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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