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, hear a short reading from St. Mark, Chapter 6 (vv. 30ff.):
"The apostles returned to Jesus, and told Him all that they had done and taught. And He said unto them, 'Come away by yourselves to a lonely place, and rest awhile.' For many were coming and going, and they had no leisure even to eat."
Let us pray.
Lord, in these hectic days, we know we ought to take time off to sense the infinite beyond this finite life... which is so noisy... and so near... and so demanding.
Our days, and nights, are so tense and strenuous... and we need a quiet time to get things in perspective and to order our values. Perhaps this quiet time of prayer can help a bit.
Lord, You know how straightened we are and crowded with the cares of public service. Help us to find the way into Your Presence where there is perspective and a sense of values, where there is fullness of joy and peace and strength... and hope!
Amen.
At 11:05 A.M., on motion of Senator MOORE, the Senate receded from business until 11:20 A.M.
At 11:25 A.M., the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator COURTNEY introduced Dr. Michael D. Mitchell of Spartanburg, S.C., Doctor of the Day.
On motion of Senator PEELER, at 11:00 A.M., Senator LEATHERMAN was granted a leave of absence for today.
H. 4694 -- Reps. Neilson, Bailey, Barfield, Baxley, Bowers, Byrd, Cave, Clyburn, Cobb-Hunter, J. Hines, M. Hines, Howard, Inabinett, Jennings, Martin, McCraw, McLeod, Moody-Lawrence, Neal, Phillips, Scott, J. Smith, R. Smith and Stoddard: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT THE DIVISION ON AGING IS UNDER THE DEPARTMENT OF HEALTH AND HUMAN SERVICES RATHER THAN UNDER THE OFFICE OF THE GOVERNOR; AND TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO AMEND THE DEFINITION OF "EMPLOYEE" AND "EMPLOYER" SO AS TO INCLUDE EMPLOYEES OF LOCAL COUNCILS ON AGING IN THE STATE RETIREMENT SYSTEM.
Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was ordered placed on the Calendar.
Senator DRUMMOND assumed the Chair at 11:39 A.M.
The following were introduced:
S. 1212 -- Senators Saleeby and McConnell: A BILL TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS REGARDING INSURANCE COMPANIES, REINSURANCE CREDITS, AND LIABILITY REDUCTIONS, SO AS TO REVAMP THE SECTION BY DELETING CERTAIN PROVISIONS AND LANGUAGE AND BY ADDING PROVISIONS THAT PROVIDE, AMONG OTHER THINGS, THAT THE ASSUMING INSURER SHALL SUBMIT TO EXAMINATION OF ITS BOOKS AND RECORDS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND BEAR THE EXPENSE OF EXAMINATION, THAT CREDIT FOR REINSURANCE SHALL NOT BE GRANTED UNLESS THE FORM OF THE TRUST AND ANY AMENDMENTS TO THE TRUST HAVE BEEN APPROVED BY THE INSURANCE COMMISSIONER OF THE STATE WHERE THE TRUST IS DOMICILED OR THE INSURANCE COMMISSIONER OF ANOTHER STATE WHO, PURSUANT TO THE TERMS OF THE TRUST AGREEMENT, HAS ACCEPTED PRINCIPAL REGULATORY OVERSIGHT OF THE TRUST, THAT THE FORM OF THE TRUST AND ANY TRUST AMENDMENTS MUST BE FILED WITH THE INSURANCE COMMISSIONER OF EVERY STATE IN WHICH CEDING INSURER BENEFICIARIES OF THE TRUST ARE DOMICILED, THAT THE TRUST FUND FOR A SINGLE ASSUMING INSURER SHALL CONSIST OF FUNDS IN TRUST IN AN AMOUNT NOT LESS THAN THE ASSUMING INSURER'S LIABILITIES ATTRIBUTABLE TO REINSURANCE CEDED BY UNITED STATES CEDING INSURERS, AND THAT THE ASSUMING INSURER SHALL MAINTAIN A TRUSTEED SURPLUS OF NOT LESS THAN TWENTY MILLION DOLLARS.
Senator McCONNELL spoke on the Bill.
Read the first time and on motion of Senator SALEEBY, with unanimous consent, ordered placed on the Calendar without reference.
S. 1213 -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-415 SO AS TO PROVIDE THAT IN THE EVENT OF IMPACT BETWEEN A DEER AND A SOUTH CAROLINA LICENSED MOTOR VEHICLE, WHEN THE IMPACT HAS CAUSED DAMAGE TO THE VEHICLE, THE OWNER OF THE VEHICLE IS ENTITLED TO APPLY TO THE STATE INSURANCE RESERVE FUND FOR PAYMENT FOR THE DAMAGE, REQUIRE THE FEES FOR THIS SPECIAL INSURANCE TO BE PAID BY AN INCREASE IN THE OUT-OF-STATE HUNTING LICENSE TO BE COLLECTED BY THE DEPARTMENT OF NATURAL RESOURCES, AND PROVIDE FOR RELATED MATTERS.
Senator PEELER spoke on the Bill.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1214 -- Senator Holland: A BILL TO AMEND ARTICLE 11, CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING COUNCIL, SO AS TO CREATE THE SOUTH CAROLINA LAW ENFORCEMENT COORDINATING COUNCIL; BY AMENDING SECTION 23-6-510, SO AS TO ESTABLISH MEMBERSHIP ON THE COUNCIL; BY AMENDING SECTION 23-6-520, SO AS TO PROVIDE FOR THE SELECTION OF OFFICERS FOR THE COUNCIL; BY AMENDING SECTION 23-6-530, SO AS TO PROVIDE FOR MEETING PROCEDURES; AND BY ADDING SECTION 23-6-540, SO AS TO SPECIFY THE POWERS AND DUTIES OF THE COUNCIL.
Read the first time and referred to the Committee on Judiciary.
S. 1215 -- Senators Saleeby and McConnell: A BILL TO AMEND SECTION 38-27-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REHABILITATION AND LIQUIDATION OF INSURERS, FORMAL PROCEEDINGS, AND LIABILITY OF THE REINSURER, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE ORIGINAL INSURED OR POLICYHOLDER SHALL NOT HAVE ANY RIGHTS AGAINST THE REINSURER WHICH ARE NOT SPECIFICALLY SET FORTH IN THE REINSURANCE CONTRACT OR OTHER AGREEMENT BETWEEN THE REINSURER AND THE ORIGINAL INSURED OR POLICYHOLDER.
Senator McCONNELL spoke on the Bill.
Read the first time and on motion of Senator McCONNELL, with unanimous consent, ordered placed on the Calendar without reference.
H. 4453 -- Reps. Littlejohn, Seithel, J. Smith, Hinson, Meacham, Gourdine, Byrd, Moody-Lawrence, Walker, Kirsh, Mason, Allison and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-15 SO AS TO PROVIDE THAT ANY PERSON WHO BAITS, ASSISTS WITH BAITING, OR CAUSES TO HAVE BAITED A DOVE FIELD OVER WHICH ONE OR MORE PERSONS ARE CHARGED WITH ILLEGALLY SHOOTING DOVES OVER BAIT IS GUILTY OF A MISDEMEANOR AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4689 -- Reps. Sharpe, Davenport, McLeod and Limehouse: A BILL TO AMEND SECTION 44-55-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS; TO AMEND SECTION 44-55-30 RELATING TO THE DESIGN AND CONSTRUCTION OF PUBLIC WATER SUPPLIES, SO AS TO CHANGE REFERENCES FROM "WATER SUPPLIES" TO "WATER SYSTEMS"; TO AMEND SECTION 44-55-40, AS AMENDED, RELATING TO APPLICATIONS FOR PUBLIC WATER SYSTEM CONSTRUCTION PERMITS, SO AS TO REVISE VARIOUS REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEMS CLASSIFICATIONS; TO AMEND SECTION 44-55-45, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE ON WELLS, SO AS TO CONFORM A REFERENCE TO THE REVISED DEFINITIONS; TO AMEND SECTION 44-55-50 RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, SO AS TO REVISE AN EXEMPTION; TO AMEND SECTION 44-55-60, AS AMENDED, RELATING TO ISSUANCE OF EMERGENCY ORDERS WHERE THERE IS AN IMMINENT HAZARD IN A PUBLIC WATER SYSTEM, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-70 RELATING TO PUBLIC NOTICE OF A VIOLATION IN A PUBLIC WATER SYSTEM, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-80 RELATING TO UNLAWFUL ACTS RELEVANT TO PUBLIC WATER SYSTEMS, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-90 RELATING TO PENALTIES AND INJUNCTIVE RELIEF, SO AS TO CLARIFY THE PENALTY FOR CONTINUOUS VIOLATIONS; TO AMEND SECTION 44-55-120, AS AMENDED, RELATING TO THE SAFE DRINKING WATER FUND, SO AS TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT.
Read the first time and referred to the Committee on Medical Affairs.
H. 4886 -- Reps. Sharpe and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-565 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH "ARCHERY EQUIPMENT", "BOW AND ARROWS", AND "CROSSBOWS" MAY BE USED IN THE HUNTING AND TAKING OF CERTAIN GAME.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4996 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO ARTICLE 5, STATE TRANSPORT POLICE REGULATIONS, SUBARTICLE 1, UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2188, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Judiciary.
H. 5048 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2195, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the General Committee.
H. 5056 -- Labor, Commerce and Industry Committee: A BILL TO AMEND CHAPTER 19, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC MUTUAL INSURERS, BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR THE REORGANIZATION OF A DOMESTIC OR FOREIGN MUTUAL INSURER AS A DOMESTIC MUTUAL INSURANCE HOLDING COMPANY SYSTEM.
Read the first time and referred to the Committee on Banking and Insurance.
H. 5057 -- Reps. Wilder, Carnell, McLeod and McAbee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT THE INTERSECTION OF INTERSTATE 385 AND UNITED STATES HIGHWAY 221 IN LAURENS COUNTY IN HONOR OF EUGENE C. STODDARD AND TO PLACE APPROPRIATE MARKERS OR SIGNS AT THE INTERCHANGE REFLECTING THIS DESIGNATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5067 -- Reps. Stuart, Webb, Riser, Witherspoon, 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, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Whatley, Whipper, Wilder, Wilkes, Wilkins, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND DR. JAMES C. HITE, ALUMNI PROFESSOR OF AGRICULTURAL AND APPLIED ECONOMICS AT CLEMSON UNIVERSITY AND SENIOR FELLOW AT THE STROM THURMOND INSTITUTE OF GOVERNMENT AND PUBLIC AFFAIRS, FOR HIS DISTINGUISHED CAREER AS A TEACHER, AUTHOR, CONSULTANT, AND CIVIC LEADER UPON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5069 -- Reps. McMaster, Sandifer, Campsen, Woodrum, Cobb-Hunter, Whatley, Baxley, J. Hines, Beck, Neilson, Harrell, Littlejohn, Clyburn, Sheheen, Cave, Miller, Keegan, Robinson, Battle, Vaughn, M. Hines, Harrison, Bailey, Cotty, McMahand, Stille, J. Brown, McCraw, Young-Brickell, Law, Moody-Lawrence, Dantzler, Young, Klauber, Knotts, Barrett, Tripp, Kinon, J. Smith, Fleming, Chellis, McGee, Gourdine, Harvin and Wilkins: A CONCURRENT RESOLUTION TO COMMEND MRS. VIOLET W. FETNER FOR HER EXEMPLARY CAREER AS AN EMPLOYEE WITH THE UNITED STATES DEPARTMENT OF INTERIOR UPON HER RETIREMENT, TO COMMEND HER HUSBAND, MR. CHARLES W. FETNER, FOR HIS WORK AS A COMMUNITY AND CIVIC LEADER INCLUDING SERVICE ON THE FOREST ACRES CITY COUNCIL FOR OVER TWENTY YEARS, AND TO WISH THEM THE VERY BEST IN THEIR RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator HUTTO from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 951 -- Senators Drummond, , Courtney, Bryan, O'Dell and Waldrep: A BILL TO AMEND CHAPTER 75, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF LICENSED PROFESSIONAL COUNSELORS BY ADDING ARTICLE 3, SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF SPECIALISTS IN SCHOOL PSYCHOLOGY; TO AMEND SECTION 40-75-20, RELATING TO THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, SO AS TO ADD A SPECIALIST IN SCHOOL PSYCHOLOGY TO THE BOARD; TO REQUIRE PERSONS QUALIFIED TO PRACTICE SCHOOL PSYCHOLOGY ON THE EFFECTIVE DATE OF THIS ACT TO APPLY FOR LICENSURE BEFORE OCTOBER 1, 1998; AND TO DESIGNATE SECTIONS 40-75-10 THROUGH 40-75-190 AS ARTICLE 1 OF CHAPTER 75, TITLE 40, ENTITLED "PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS" AND TO RENAME CHAPTER 75, TITLE 40 "PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND SPECIALISTS IN SCHOOL PSYCHOLOGY".
Ordered for consideration tomorrow.
Senator HUTTO from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 1128 -- Senators Holland, J. Verne Smith, McGill and Elliott: A BILL TO AMEND TITLE 40, CHAPTER 75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO FURTHER PROVIDE FOR THE LICENSING AND REGULATION OF PROFESSIONAL COUNSELORS AND MARRIAGE THERAPISTS AND INTERNS AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF ALCOHOL AND DRUG ABUSE COUNSELORS.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation polled out S. 1173 favorable:
S. 1173 -- Senator Land: A BILL TO AMEND SECTIONS 57-7-210 AND 57-7-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSTRUCTIONS ON PUBLIC HIGHWAYS, SO AS TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO APPROVE OBSTRUCTIONS ERECTED BY LOCAL GOVERNMENTS, INCLUDING SCHOOL DISTRICTS, IF THE OBSTRUCTION IS INTENDED TO PROTECT PROPERTY FROM VANDALISM.
Land Leatherman Leventis Wilson Patterson McGill Elliott Rankin Ryberg Alexander Fair Hutto Ravenel Anderson Branton
O'Dell Short Passailaigue
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out S. 1206 favorable:
S. 1206 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 3, 1998, AND FRIDAY, DECEMBER 4, 1998, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODIES TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, AND TO PROVIDE FOR ASSISTANCE BY APPROPRIATE HOUSE AND SENATE STAFF.
Courson Wilson Matthews Patterson Russell O'Dell McGill Washington Reese
Passailaigue
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 4569 -- Reps. Cato and Gamble: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-58-67 SO AS TO REQUIRE ANNUAL CONTINUING PROFESSIONAL EDUCATION FOR LICENSED MORTGAGE LOAN BROKERS AND ORIGINATORS; TO AMEND SECTIONS 40-58-10, 40-58-20, 40-58-30, 40-58-50, 40-58-55, 40-58-60, 40-58-65, 40-58-80, AND 40-58-110, ALL AS AMENDED, RELATING TO REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO REQUIRE LICENSING RATHER THAN REGISTRATION OF MORTGAGE LOAN BROKERS, TO REQUIRE TWO YEARS' EXPERIENCE WORKING AS AN ORIGINATOR BEFORE INITIAL LICENSING AND TO PROVIDE EXCEPTIONS, TO DEFINE "ORIGINATOR"; TO ALLOW BROKERS PROPERLY REGISTERED BEFORE OCTOBER 1, 1998, TO CONTINUE TO ACT AS MORTGAGE LOAN BROKERS WITHOUT REGARD TO EXPERIENCE OR EDUCATION REQUIREMENTS ADDED BY THIS ACT, TO AUTHORIZE THE SUSPENSION OF A LICENSE FOR VIOLATIONS, AND TO INCREASE THE INITIAL APPLICATION FEE AND ANNUAL RENEWAL FEE FROM FIVE TO SIX HUNDRED DOLLARS AND IMPOSE A TWENTY-FIVE DOLLAR ADDITIONAL ANNUAL RENEWAL FEE FOR EACH ORIGINATOR.
Ordered for consideration tomorrow.
Columbia, S.C., April 22, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 335, H. 4644 by a vote of 3 to 82:
(R335) H. 4644 -- Reps. Quinn and Harrison: A JOINT RESOLUTION TO REQUIRE THE STATE TO SET ASIDE $1,500,000 ANNUALLY TO PAY FEES AND EXPENSES OF PRIVATE COUNSEL APPOINTED IN NONCAPITAL CASES.
Very respectfully,
Speaker of the House
Received as information.
S. 1207 -- Senators Peeler, Fair and Anderson: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND HEARTFELT GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE STAFF OF THE ST. FRANCIS HEALTH SYSTEM OF GREENVILLE COUNTY FOR THEIR OUTSTANDING CONTRIBUTIONS AND VALUABLE SUPPORT TO THE EXCHANGE PROGRAM BETWEEN ST. FRANCIS, CROATIA'S GENERAL HOSPITAL OF ZADAR, AND THE GERIATRIC AND ORTHOPEDIC HOSPITAL OF BIOGRAD.
Returned with concurrence.
Received as information.
S. 1208 -- Senators Peeler, Lander and Short: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MR. ROCHELLE BOYLE, FORMER SHERIFF OF UNION COUNTY AND THE LAST SURVIVING MEMBER OF THE ORIGINAL SOUTH CAROLINA HIGHWAY PATROL, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Returned with concurrence.
Received as information.
Senator MARTIN assumed the Chair at 11:50 A.M.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolution 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. 4932 -- Rep. Kinon: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1998, AND ENDING JUNE 30, 1999.
(By prior motion of Senator ELLIOTT)
H. 5014 -- Reps. Spearman, Wilder and McLeod: A BILL TO REPEAL ACT 768 OF 1966 RELATING TO THE NEWBERRY-SALUDA REGIONAL LIBRARY ON JULY 1, 1998, TO TRANSFER THE ASSETS AND LIABILITIES OF THE REGIONAL LIBRARY TO THE COUNTY WHEREIN THESE ASSETS AND LIABILITIES ARE LOCATED, AND TO PROVIDE THE GOVERNING BODIES OF NEWBERRY AND SALUDA COUNTIES SHALL EACH ESTABLISH A COUNTY PUBLIC LIBRARY SYSTEM IN THE MANNER PROVIDED BY SECTION 4-9-35 OF THE 1976 CODE EFFECTIVE JULY 1, 1998.
(By prior motion of Senator LANDER)
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 1209 -- Senators Giese and Holland: A BILL TO AMEND ACT 784 OF 1964, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE LUGOFF WATER DISTRICT OF KERSHAW COUNTY, SO AS TO FURTHER PROVIDE FOR THE EXTENSION OF ITS SYSTEM.
(By prior motion of Senator GIESE)
S. 1013 -- Senator Lander: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTHERN INTERSTATE DAIRY COMPACT ACT OF 1997, TO PROVIDE THAT THE GOVERNOR MAY EXECUTE AN INTERSTATE DAIRY COMPACT WITH THE DESIGNATED COMPACT STATES SO AS TO ADOPT THE SOUTHERN INTERSTATE DAIRY COMPACT, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND EFFECTIVE, AND THAT WHEN THE COMPACT BECOMES EFFECTIVE, IT IS THE POLICY OF THIS STATE TO PERFORM AND CARRY OUT THE PROVISIONS OF THE COMPACT, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS THE COMPACT ADMINISTRATOR FOR THIS STATE, TO PROVIDE FOR THE STATE'S DELEGATION TO THE SOUTHERN INTERSTATE DAIRY COMPACT COMMISSION, AND FOR MEMBERSHIP, APPOINTMENTS, TERMS, AND FILLING OF VACANCIES ON THE DELEGATION, TO PROVIDE FOR PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES FOR MEMBERS OF THE DELEGATION, TO PROVIDE FOR FUNDING, FACILITIES, ASSISTANCE, AND ACCESS TO INFORMATION AND DATA FROM OTHER STATE OFFICERS, AGENCIES, AND EMPLOYEES, AND FROM PRIVATE PERSONS BY LAWFUL MEANS, TO ASSIST THE DELEGATION IN CARRYING OUT THE PURPOSES OF THE COMPACT, TO PROVIDE FOR THE ADOPTION OF RULES AND REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE COMPACT AND THIS CHAPTER, INCLUDING PROVISIONS FOR THE REVOCATION OR FORFEITURE OF LICENSES, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE COMPACT, RELATED RULES AND REGULATIONS, OR THE PROVISIONS OF THIS CHAPTER.
Senators GIESE, J. VERNE SMITH, THOMAS, MESCHER, COURSON and McCONNELL desired to be recorded as voting against the third reading of the Bill.
To ensure compliance with the provisions of Section 8-13-700 and avoid any appearance of conflict of interest, I certify that I took no action in the consideration of nor in voting in the matter of S. 1013.
S. 603 -- Senator McConnell: A BILL TO AMEND TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENTS AND ATHLETIC CONTESTS, BY ADDING CHAPTER 22, SO AS TO PROVIDE FOR CERTAIN KAYAKING AND CANOEING LIABILITY IMMUNITY WHEREBY A KAYAKING OR CANOEING ACTIVITY SPONSOR OR A KAYAKING OR CANOEING PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM AN INHERENT RISK OF KAYAKING OR CANOEING ACTIVITY ABSENT SPECIFIED FACTORS.
S. 1163 -- Senator Bryan: A BILL TO AMEND CHAPTER 9, TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ANNUAL JAIL AND PRISON INSPECTION REPORT AND ENFORCEMENT OF MINIMUM STANDARDS, SO AS TO REVISE THE LIST OF PERSONS WHO MUST RECEIVE COPIES OF REPORTS PREPARED BY THE JAIL AND PRISON INSPECTION DIVISION.
S. 1167 -- Senator Holland: A BILL TO AMEND TITLE 26, CODE OF THE LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5, SO AS TO ENACT THE "SOUTH CAROLINA ELECTRONIC COMMERCE ACT" WHICH PROVIDES FOR THE LEGAL STATUS OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES, AND AUTHORIZES THE BUDGET AND CONTROL BOARD AND SECRETARY OF STATE TO PROMULGATE REGULATIONS RELATED TO ELECTRONIC COMMERCE.
S. 1200 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONINDIGENOUS SHRIMP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2229, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(By prior motion of Senator PEELER, with unanimous consent)
S. 757 -- Senators Ravenel and Mescher: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING SECTION 6-11-65, SO AS TO PROVIDE THAT ELECTORS OF A SPECIAL PURPOSE DISTRICT MAY PETITION FOR A REFERENDUM ON THE QUESTION OF WHETHER THE BOARD OF COMMISSIONERS OF THE SPECIAL PURPOSE DISTRICT SHOULD BE ELECTED, BY ADDING SECTION 6-11-66 TO PROVIDE THAT IN THOSE DISTRICTS WHICH ADOPT THE REFERENDUM THE COMMISSIONERS WILL BE ELECTED ON AN AT-LARGE BASIS IN A NON-PARTISAN ELECTION AT THE GENERAL ELECTION; AND TO AMEND SECTION 6-11-70 OF THE 1976 CODE, RELATING TO THE ELECTION OF BOARD MEMBERS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO ELECTIONS HELD PURSUANT TO THIS ACT.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator BRYAN proposed the following amendment (JUD0757.010), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 6, in Section 6-11-350(A), as contained in SECTION 2, by striking lines 6 through 20 in their entirety and inserting therein the following:
/Section 6-11-350. (A) For the purposes of this article, 'special purpose district' or 'district' means any district, including a public service district, created by or pursuant to an act of the General Assembly before March 7, 1973, and to which has been committed before March 7, 1973, any governmental function, including those districts created by special legislation and those districts created by referenda held pursuant to general legislation. This article applies only to those special purpose districts, the governing bodies of which were not, as of January 1, 1997, elected directly by the qualified electors residing in the district. This article does not apply to (1) any special purpose district, the boundaries of which include areas within more than one county, or (2) any special purpose district which, as of April 1, 1998, pursuant to written contract provided one or more of its authorized services to areas outside the State. The referendum authorized in this article must be held on the date of the general election held on the first Tuesday following the first Monday in November in even-numbered years./
Amend the bill further, as and if amended, page 4, beginning on line 40, in Section 6-11-354(B), as contained in SECTION 2, by striking subsection (B) in its entirety and inserting therein the following:
/(B) On the first Tuesday following the first Monday in November in the year immediately following the year of the referendum, the voters shall elect commissioners for all seats on the district's governing body. Candidates must file a statement of intention of candidacy with the county election commission. Except for the initial election of commissioners as provided in subsection (C), all commissioners must be elected on an at-large basis for terms of four years with terms staggered so that a simple majority of the commissioners are elected in a general election in an even-numbered year, and the remaining commissioners are elected at the next preceding and following general elections in even-numbered years. The terms of office of commissioners whose seats are subject to contest in a general election shall expire fourteen days following the general election.
(C) For the initial election of commissioners, all seats shall be considered vacant. From among the commissioners elected in the initial election, a simple majority thereof shall serve terms which expire fourteen days following the general election held three years after the initial election. Those commissioners entitled to serve the initial three-year terms shall be those commissioners equal in number to a simple majority of the membership who received the highest number of votes cast in the initial election. The remaining commissioners shall serve terms which expire fourteen days following the general election held the year following the initial election.
(D) The county board of elections shall conduct and supervise the elections for commissioners in the manner governed by the election laws of this State, mutatis mutandis. Vacancies must be filled in the manner provided in Section 7-13-190."/
Amend title to conform.
Senator BRYAN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
S. 758 -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1090 SO AS TO CREATE THE FELONY CRIME OF ASSISTING SUICIDE, TO PROVIDE PENALTIES, TO PROVIDE FOR INJUNCTIVE RELIEF, TO PROVIDE A CIVIL CAUSE OF ACTION, TO AUTHORIZE PAYMENT OF ATTORNEY'S FEES, AND TO PROVIDE FOR PROFESSIONAL DISCIPLINE.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator MOORE asked unanimous consent for all amendments to be carried to third reading.
There was no objection.
S. 1047 -- Senators Jackson, Cork, Holland, Short, Glover, Ford, Land, Hutto, Matthews, Patterson, Drummond and Ravenel: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 122 SO AS TO CREATE THE COUNTY GRANTS FUND PROGRAM FOR ADOLESCENT PREGNANCY PREVENTION INITIATIVES; TO PROVIDE FOR THE ADMINISTRATION AND DISTRIBUTION OF MONIES APPROPRIATED TO THE GRANTS FUND; AND TO REQUIRE REGULAR EVALUATIONS OF PROJECTS RECEIVING MONIES FROM THE GRANTS FUND.
Senator MOORE asked unanimous consent to remove the minority report on the Bill.
There was no objection.
Senator MOORE asked unanimous consent for all amendments to be carried to third reading.
There was no objection.
H. 3760 -- Reps. Moody-Lawrence, F. Smith, Mason, Cromer, Lee, J. Hines, Neilson, Littlejohn, Seithel, Maddox, J. Smith, Cave, Govan, Lloyd, Gourdine, Clyburn, Harvin, McMahand, Hinson, Kinon, Kennedy, M. Hines, McCraw, Parks, Howard, T. Brown, Stille, Allison, Limbaugh, Byrd, Hodges, Inabinett, Davenport, Kirsh, Neal, Bowers, Rodgers, Carnell, Riser, Baxley, Mack, Witherspoon, Canty, Phillips, Wilder, Breeland, Limehouse, Simrill, Jennings, Whipper and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-345, SO AS TO REQUIRE A FEMALE WHO IS PREGNANT, UNMARRIED, AND UNDER EIGHTEEN TO COMPLETE A PREGNANCY PREVENTION EDUCATION COURSE CONDUCTED BY COUNTY HEALTH DEPARTMENTS; TO PROVIDE FOR THE COURSE CONTENT; AND TO REQUIRE PROFESSIONALS PROVIDING HEALTH CARE TO REFER THESE WOMEN TO THE APPROPRIATE HEALTH DEPARTMENT AS A COMPONENT OF THEIR HEALTH CARE.
Senator MOORE asked unanimous consent to remove the minority report on the Bill.
There was no objection.
Senator MOORE asked unanimous consent for all amendments to be carried to third reading.
There was no objection.
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
H. 4107 -- Rep. Rhoad: A BILL TO AMEND SECTION 7-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BAMBERG COUNTY, SO AS TO DESIGNATE THE VOTING PLACE OF THE EDISTO PRECINCT AS THE EDISTO RURAL FIRE DEPARTMENT.
On motion of Senator MATTHEWS, H. 4107 was ordered to receive a third reading on Friday, April 24, 1998.
H. 4999 -- Reps. Lloyd, Inabinett, Bailey, Bowers and Rhoad: A BILL TO AMEND ACT 507 OF 1996, RELATING TO THE CREATION OF THE COLLETON COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION, SO AS TO PROVIDE THAT NO PAID EMPLOYEE OF THE BOARD OR THE FORMER SEPARATE BOARDS OF ELECTIONS AND VOTER REGISTRATION IS ELIGIBLE TO SERVE AS A MEMBER OF THE BOARD.
On motion of Senator WASHINGTON, H. 4999 was ordered to receive a third reading on Friday, April 24, 1998.
H. 5031 -- Reps. Lloyd, Bowers, Inabinett, Bailey and Rhoad: A BILL TO ENACT THE COLLETON COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT.
On motion of Senator WASHINGTON, H. 5031 was ordered to receive a third reading on Friday, April 24, 1998.
H. 5050 -- Rep. Rhoad: A BILL TO AMEND ACT 1090 OF 1972, AS AMENDED, RELATING TO BAMBERG-EHRHARDT SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT TWO OF BAMBERG COUNTY, SO AS TO PROVIDE THAT MEMBERS OF BOARDS OF TRUSTEES OF THESE DISTRICTS MAY PARTICIPATE IN THE SCHOOL DISTRICTS' STAFF INSURANCE PROGRAM AND RECEIVE FRINGE BENEFITS OFFERED TO SCHOOL DISTRICT EMPLOYEES IN ADDITION TO RECEIVING THEIR ANNUAL SALARY.
On motion of Senator MATTHEWS, H. 5050 was ordered to receive a third reading on Friday, April 24, 1998.
S. 1210 -- Senator Courtney: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TORT CLAIMS ACT, SO AS TO INCLUDE AS AN EXCEPTION TO WAIVER OF IMMUNITY ANY LIABILITY CAUSED BY AN INCORRECT DATE PRODUCED, CALCULATED, OR GENERATED BY A STATE OWNED OR OPERATED COMPUTER OR OTHER INFORMATION SYSTEM UNLESS CAUSED BY THE GROSS NEGLIGENCE OF THE OPERATOR.
S. 1049 -- Senator Mescher: A BILL TO AMEND CHAPTER 16, TITLE 50 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO IMPORTATION OF WILDLIFE, BY ADDING ARTICLE 3, SO AS TO AUTHORIZE DEER FARMING; TO PROVIDE FOR IMPORTATION AND REGULATION OF FARMED DEER; TO PROVIDE FOR LICENSURE OF DEER FARMING OPERATIONS; AND TO AMEND SECTION 50-11-1910 RELATING TO SALE OF DEER PARTS SO AS TO PROVIDE FOR THE PURCHASE AND SALE OF FARMED DEER PRODUCTS AND BY-PRODUCTS IN THE STATE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the committee amendment.
The Committee on Fish, Game and Forestry proposed the following amendment (BBM\9838JM.98), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 16, Title 50 of the 1976 Code is amended by adding:
Section 50-16-310. This article may be cited as the 'Deer Farming Operation Act of 1998'.
Section 50-16-320. The purpose of this article is to provide for the production of farmed deer and to provide for the importation, production, control, and eradication of disease in farmed deer.
Section 50-16-330. As used in this article, the term:
(1) 'Deer farming' means the raising and production of farmed deer for the commercial production of food and fiber.
(2) 'Farmed deer' means fallow deer (Dama dama), red deer and elk (Cervus elaphus) only and hybrids between these farmed deer species raised for the commercial sale of meat and other parts or for the sale of live animals. White-tailed deer is classified as unacceptable species and is not included within the definition of farmed deer. Deer that may be under the authority of Title 50, Part 23, Subpart C, Section 23.23 of the Code of Federal Regulations, implementing the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 27 U.S.T. 1087, TIAS 8249, must meet the requirements set forth in the federal Endangered Species Act of 1973, as amended, 16 U.S.C.1531, et seq.
(3) 'Director' means the Director of the Department of Natural Resources.
(4) 'Department' means the Department of Natural Resources.
(5) 'Division' means the Administrative Law Judge Division.
Section 50-16-340. (A) A person may not possess, buy, import, or transport farmed deer or engage in or carry on the business of deer farming without first obtaining a deer-farming license from the Department of Natural Resources.
(B) The department shall issue a deer farming license to individuals who qualify under the provisions of this article or any regulation promulgated pursuant to this article. A deer-farming license is valid from the date of issuance to March thirty-first of each calendar year. A deer-farming license shall not be issued by the department to any deer-farming operation which has not been inspected and approved by the department; provided, that any facility expansion must be preapproved before renewal of a deer-farming license.
(C) The license of any deer farm operator who violates this article or any regulation promulgated by the department pursuant to this article is subject to revocation following notice and hearing. A deer-farming license of any licensee whose facility does not meet the definition of deer farming shall be revoked, and the license may be revoked if the licensee violates any provision of Title 50 relating to farmed deer. Upon revocation or nonrenewal of a license, the holder of farmed deer under that license shall, within forty-five days, remove the farmed deer from the facility and dispose of the deer legally within the State or outside the State. If the licensee fails to dispose of the animals within forty-five days, he forfeits all rights, ownership, and claim to the deer and shall relinquish to the department any claim to the deer immediately. The department may then dispose of the deer in any way it chooses. The holder of farmed deer under any license issued by the department shall compensate the department for any expense incurred by the department or its agent during disposition of the deer after revocation or nonrenewal of a permit or a license.
(D) Deer farm operators shall maintain up-to-date inventory records of their deer herds and any transactions or movements including, but not limited to, natural additions, purchased additions, sales, loans, trades, and deaths. Records must be kept in accordance with specifications of the department and the Livestock-Poultry Health Commission and are subject to review by representatives of either agency. Upon application for renewal of a deer farming license, the applicant must include a complete annual record of all transactions involving movement of deer off of or on to the facility, and of any births or deaths on the facility.
(E) Deer farm operators shall construct and maintain premises and facilities used in deer farming in accordance with regulations promulgated by the department, provided that:
(1) the facility must be constructed of such material and of such strength as appropriate for the animals involved;
(2) housing facilities must be structurally sound and must be maintained in good repair to protect and contain the animals;
(3) the facilities must be designed in such manner, including the inclusion of barriers of sufficient dimensions and conformation, to safeguard both the animals and the public against injury or the transmission of diseases by direct contact;
(4) Any portion of the facility within which farmed deer are maintained must be surrounded by a perimeter fence with a minimum height of ten feet with no less than the bottom six feet made of woven mesh and constructed of a design, strength, gauge, and mesh approved by the department and which is sufficient to prevent escape of farmed deer and to prevent white-tailed deer from entering. Supplemental wire to attain a height of ten feet may be smooth, barbed, or woven wire of a gauge and mesh approved by the department with strands no more than six inches apart. Perimeter posts, stays or supports, and perimeter gates must be of a design and strength approved by the department. All trees and other structures which pose an imminent threat, as determined by the department, to the integrity of the fencing must be removed unless fencing is constructed so as to prevent the breach of the fence from the fall of a tree or structure;
(5) the pastures or paddocks within the facility must be of such a size and so constructed with the vegetation managed in such a way that all animals held within the enclosure are readily observable on a daily basis;
(6) native white-tailed deer must be removed from within a facility operating pursuant to this article before the introduction of farmed deer. Upon initial inspection if it is determined that white-tailed deer have been inadvertently confined within a proposed deer-farming facility, the department, in cooperation with the facility operator, shall take any action it considers necessary to remove the white-tailed deer from the facility;
(7) the operator of any deer farm immediately shall notify the department as to the ingress of white-tailed deer into the licensed facility. The department shall take any action it considers necessary to dispose of the white-tailed deer;
(8) farmed deer may not be held within an enclosure unless the enclosure includes a handling facility adequate to gather, hold, and individually restrain animals in a safe and efficient manner for any inspection, testing, quarantine, or other management action pursuant to this article;
(9) Deer farm operators shall register a unique brand, tattoo, approved combination of permanent ear tags, or other approved mark with the department. All farmed deer must be clearly identified with this approved mark. This unique mark must be placed or implanted on animals within fourteen days of birth or purchase if the unique mark is not present when the animal was purchased. The unique mark must be recorded in the facility operator's records, and must be noted in any transfer records or reports or other transaction records or reports referring to each animal.
(F) The department may inspect an applicant's facilities to ensure that the facilities meet the department's guidelines. The department shall report to the Livestock-Poultry Health Commission within thirty days of receipt of the application. The department shall transmit a copy of any license issued pursuant to this article to the Livestock-Poultry Health Commission. The department shall notify the Livestock-Poultry Health Commission of the revocation, nonrenewal, cancellation, or lapse of any license issued pursuant to this article. All notifications must be made in writing and as promptly as possible, but in no event shall the notification be given more than seventy-two hours after the event giving rise to the requirement of notice.
(G) For purposes other than deer farming, farmed deer species must be held under a permit issued by the department. Anyone holding, possessing, importing, or transporting farmed deer species without a deer-farming license or a permit issued by the department is in violation of this article.
Section 50-16-350. Health and transportation requirements for any farmed deer shall comply with the health requirements established by regulation of the Livestock-Poultry Health Commission. Those animals specifically used for deer farming must meet the requirements of the Uniform Methods and Rules of the Code of Federal Regulations for Tuberculosis and Brucellosis in Cervidae.
Section 50-16-360. (A) Any farmed deer which escapes from a deer farm is subject to the jurisdiction of the department and may be treated as a wild animal.
(B) As a condition for maintaining a deer-farming license, it is the duty of the owner or operator of a licensed deer farm to notify the department immediately upon discovery of the escape of a farmed deer, and the owner or operator shall recapture or destroy the escaped animal or animals at his own expense within twenty-four hours. A person must not be held liable for killing or wounding an escaped farmed deer.
(C) If the licensee does not capture or destroy the escaped animal or animals within twenty-four hours, the department or a designated agent may capture or destroy the animal or animals. Holders of farmed deer held under any license issued by the department are responsible for all expenses incurred in recovering, maintaining, or disposing of the animal or animals, as well as any damage to the state's natural resources and shall, upon written demand, reimburse the department in full within thirty days of the date of the written demand. Holders of farmed deer are responsible for all damage done to private property by escaped farmed deer resulting from such holders' negligence.
Section 50-16-370. It is unlawful to hunt or attempt to hunt farmed deer held under a deer farming license within a deer farming facility, except that animals may be euthanized or destroyed for scientific, health, or safety concerns as considered necessary by the department or by the Livestock-Poultry Health Commission. The owner of farmed deer may slaughter farmed deer for personal use only after the farmed deer have been gathered into an approved holding area.
Section 50-16-380. Deer farm operators shall allow entry on to the deer farm, at reasonable times or whenever employees are present, of representatives of the department, the Livestock-Poultry Health Commission, or other departments or agencies having authority or duties involving farmed deer or wild animals to ensure compliance with applicable federal and state laws.
Section 50-16-390. Facilities intentionally commingling farmed deer with white-tailed deer must not be licensed as deer farming operations.
Section 50-16-400. The department shall promulgate regulations necessary to effectuate the purpose of this article. The regulations must be designed to ensure the health and safety of wildlife, prevent the escape of farmed deer species, and prevent the spread of animal diseases between wildlife, wild animals, domestic animals, farmed deer, and humans. The department and the Livestock-Poultry Health Commission shall communicate and consult on matters of mutual concern so as to ensure the health and safety of farmed deer, wildlife, wild animals, domestic animals, and humans and to prevent, control, and eradicate animal diseases within this State.
Section 50-16-410. (A) It is unlawful for a person intentionally to release a farmed deer from captivity or to import, transport, sell, transfer, or possess a farmed deer in a manner causing its release or escape from captivity. If a person imports, transports, sells, transfers, or possesses a farmed deer in a manner which poses a reasonable possibility that the farmed deer may be released accidentally or escape from captivity, the department may revoke the license of that person.
(B) A holder of farmed deer held under any license issued by the department shall notify the department immediately of the release of these deer and shall recapture or destroy the released animal or animals at his own expense within twenty-four hours. A person must not be held liable for killing or wounding an escaped farmed deer.
(C) If the licensee does not capture or destroy the released animal or animals within twenty-four hours, the department or a designated agent may capture or destroy the animal or animals. A holder of farmed deer held under any license issued by the department is responsible for all expenses incurred in recovering, maintaining, or disposing of the animals, as well as any damage to the state's natural resources, and, upon written demand, shall reimburse the department in full within thirty days of the date of the written demand. A holder of farmed deer is responsible for all expenses related to damages caused to private property by released farmed deer.
Section 50-16-420. (A) Products and by-products derived from farmed deer may be offered for sale and purchase in this State if all of the requirements established pursuant to the provisions of this article are satisfied.
(B) Animals must be slaughtered according to regulations of the Livestock-Poultry Health Commission or the United States Department of Agriculture currently in force for the product. Any meat or meat by-product must be sold, offered for sale, or purchased in accordance with Section 50-11-1920. The meat or meat by-product must bear an official inspection mark, tag, or package label as required by the state or by the federal government when inspected, or a tag or label of facility origin if not inspected.
Section 50-16-430. Notwithstanding any other provision of law, a person violating the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined up to five thousand dollars or imprisoned for sixty days, or both, in the discretion of the court.
Section 50-16-440. In addition to any other remedy provided in this article and notwithstanding the existence of any adequate remedy at law, the director or his designee is authorized to apply to the Administrative Law Judge Division for an injunction. The division has jurisdiction, upon a hearing and for cause shown, to grant a temporary or permanent injunction, or both, restraining a person from violating or continuing to violate a provision of this article or for failing or refusing to comply with the requirements of this article or a regulation promulgated pursuant to this article. An injunction issued under this section does not require a bond.
Section 50-16-450. (A) The director, in order to enforce this article or any orders or regulations promulgated pursuant to this article, may issue an administrative finding of a violation and impose a fine not to exceed one thousand dollars for each violation whenever the director determines that a person has violated a provision of this article or any quarantine, order, or regulation promulgated pursuant to this article.
(B) The initial hearing and any administrative review of the hearing must be conducted before the division in accordance with the procedure for contested cases in accordance with the 'South Carolina Administrative Procedures Act' (Section 1-23-310, et seq.). A person who has exhausted all administrative remedies available to him and who is aggrieved or adversely affected by any final order or action of the director has the right of judicial review in accordance with Chapter 23 of Title 1. All penalties recovered by the director as provided for in this article must be paid to the State Treasurer for deposit by him in the general fund. The penalty prescribed in this section is concurrent, alternative, or cumulative with all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the director with respect to any violation of this article or any quarantine, order, or regulations promulgated pursuant to this article."
SECTION 2. Section 50-11-1910 of the 1976 Code is amended to read:
"Section 50-11-1910. It is unlawful to buy or sell, offer for sale, barter, or have in possession for sale any deer or part of a deer except the hide of legally taken deer. Hides from legally taken deer may be bought, sold, or bartered during the earliest open season for the taking of deer and for thirty calendar days following the end of the latest deer season. For a violation of this section, upon conviction, the guilty party for a first offense must be fined not less than one hundred dollars nor more than three hundred dollars or be imprisoned for not more than thirty days; for a second offense within three years of the date of conviction for a first offense, the person must be fined not less than three hundred dollars nor more than five hundred dollars or be imprisoned for not more than thirty days; for a third offense within three years of the date of conviction for a first offense, the person must be fined one thousand dollars or be imprisoned for not more than sixty days.
(A) Unless specified in this section, the sale of deer parts is not prohibited.
(B) It is unlawful to buy or sell, offer for sale, barter, or have in possession for sale live deer, except as provided in Article 3 of Chapter 16 of this title.
(C) It is unlawful to buy or sell, offer for sale, barter, or have in possession for sale the venison of deer, except as provided in Section 50-11-1920 and Article 3 of Chapter 16 of this title.
(D) It is unlawful to buy or sell, offer for sale, barter, or have in possession for sale white-tailed deer antlers or parts of white-tailed deer antlers.
(E) For a violation of this section, upon conviction of each offense the guilty party, for a first offense, must be fined not less than one hundred dollars nor more than three hundred dollars or be imprisoned for not more than thirty days, or both; for a second offense, must be fined not less than five hundred dollars nor more than one thousand dollars or be imprisoned for not more than thirty days, or both; for a third and any subsequent offense, must be fined not less than one thousand dollars nor more than five thousand dollars or be imprisoned for not more than sixty days, or both.
(F) The provisions of subsections (A) through (E) of this section do not apply to deer-farming operations licensed in this State pursuant to the provisions of Article 3 of Chapter 16 of this title or those operations which are lawfully licensed and regulated as deer-farming facilities in any other state; provided, that live deer, deer products, or deer by-products meet the definition of farmed deer pursuant to Article 3 of Chapter 16 of this title and that live deer, deer products, or deer by-products are properly marked or labeled pursuant to Article 3 of Chapter 16 of this title in order that the origin of the item may be easily and readily ascertained."
SECTION 3. Sections 50-16-10 through 50-16-70 of the 1976 Code are designated as Article 1 of Chapter 16, Title 50 and entitled "General Provisions".
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator CORK proposed the following amendment (4799R001.HAC), which was adopted:
Amend the bill, as and if amended, page 4799-2, after line 37, by adding an appropriately numbered new SECTION to read:
/SECTION ---. The 1976 Code is amended by adding:
"Section 50-21-136. (A) There are established no wake zones on the following creeks and coves on Hilton Head Island in Beaufort County:
Broad Creek;
Old House Creek;
Bear Creek (also known as Park Creek);
Lawton Creek;
Jarvis Creek;
Braddock Cove;
Calibogue Creek (also known as Baynard Creek);
Folly Creek;
Skull Creek between Day Marker '13' and Day Marker '14';
Fish Haul Creek (also known as Coggin Creek);
Point Comfort Creek.
There is also established a no-wake zone between one hundred yards north of Marker 40 and Marker 41 on the New River in Beaufort County.
The no wake zone boundaries must be marked clearly with signs. The signs must be designed and installed as specified by the department.
(B) No boat or watercraft may anchor or loiter within one hundred feet of a private dock located adjacent to or abutting the no wake zones established in subsection (A). No boat or watercraft may anchor or loiter within one hundred feet of the entrance to Windmill Harbor on Hilton Head Island in Beaufort County. The department shall make available for purchase appropriate warning signs which may be posted by property owners on their property adjacent to areas described in this subsection warning operators of boats and watercraft of these provisions.
(C) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two hundred fifty dollars or imprisonment for a period not exceeding ten days, or both, for a first offense or a fine of five hundred dollars or imprisonment for a period not exceeding thirty days, or both, for a second or subsequent offense."/
Amend title to conform.
Senator CORK explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator CORK, with unanimous consent, H. 4799 was ordered to receive a third reading on Friday, April 24, 1998.
S. 1157 -- Senators Leventis, Drummond, Ford, Waldrep, Giese and Ravenel: A BILL TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DIVISION OF PUBLIC CHARITIES OF THE OFFICE OF THE ATTORNEY GENERAL ARE DEVOLVED UPON THE SECRETARY OF STATE'S OFFICE ON AUGUST 1, 1998; TO TRANSFER ALL PERSONNEL, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE DIVISION OF PUBLIC CHARITIES TO THE SECRETARY OF STATE'S OFFICE ON AUGUST 1, 1998; TO PROVIDE THAT THE SECRETARY OF STATE SHALL ADMINISTER THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT"; TO AMEND SECTIONS 33-56-20, 33-56-30, 33-56-40, 33-56-50, 33-56-60, 33-56-70, 33-56-80, 33-56-90, 33-56-100, 33-56-110, 33-56-120, 33-56-130, 33-56-140, 33-56-150, 33-56-160, AND 33-56-190, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOLICITATION OF CHARITABLE FUNDS, SO AS TO DELETE REFERENCES TO THE ATTORNEY GENERAL AND REFLECT THE SECRETARY OF STATE AND HIS OFFICE AS THE OFFICIAL AGENCY TO ADMINISTER THE PROVISIONS OF THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT", AND TO ALLOW THE SECRETARY OF STATE TO RETAIN A PORTION OF ADMINISTRATIVE FINES TO OFFSET THE EXPENSES OF ENFORCEMENT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD1157.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 39, by striking SECTIONS 1 and 2 in their entirety and inserting therein the following:
/SECTION 1. The duties, functions, and responsibilities of the Section of Public Charities of the office of the Attorney General are devolved upon the Secretary of State's office on July 1, 1998. All Charities personnel originally transferred from the Secretary of State to the Attorney General's office and still employed by the Attorney General in the Charities Section, appropriations, and full-time equivalent positions of the Section of Public Charities also are transferred to the Secretary of State's office on July 1, 1998.
SECTION 2. The Secretary of State shall administer the "South Carolina Solicitation of Charitable Funds Act" as contained in Chapter 56 of Title 33. No later than thirty days after the effective date of this act, the Secretary of State must notify each charitable organization registered pursuant to Chapter 56 of Title 33 that the Secretary of State is now the administrator of the "South Carolina Solicitation of Charitable Funds Act" and that required registrations are to be filed with the Secretary of State./
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 and ordered placed on the third reading Calendar.
On motion of Senator DRUMMOND, with unanimous consent, S. 1157 was ordered to receive a third reading on Friday, April 24, 1998.
S. 1168 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-952, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INITIATION OF ACTIONS TO ESTABLISH PATERNITY, SO AS TO INCLUDE THE PUTATIVE FATHER AS ONE OF THE INDIVIDUALS WHO MAY INSTITUTE SUCH ACTIONS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator COURTNEY proposed the following amendment (JUD1168.001), which was adopted:
Amend the bill, as and if amended, page 1, line 33, in Section 20-7-952(C), as contained in SECTION 1, by striking line 33 in its entirety and inserting therein the following:
/(6) a person who is the presumed, inferred, or alleged legal father."/
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 1120 -- Senator Elliott: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SECTION 27-32-170, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION TIME SHARING PLAN, AND SECTION 27-32-250, AS AMENDED, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION MULTIPLE OWNERSHIP INTEREST, ALL SO AS TO EXEMPT FROM SALES TAX THE SALE OR RESALE OR THE EXCHANGE OF AN INTEREST IN A VACATION TIME SHARING PLAN AND A VACATION MULTIPLE OWNERSHIP INTEREST.
On motion of Senator RANKIN, with unanimous consent, his name was added as a co-sponsor of the Bill.
S. 1050 -- Senators Leventis, Drummond, Holland, Hayes and Hutto: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 53 SO AS TO ENACT THE "FARM AND FOREST LANDS PROTECTION ACT" WHICH ESTABLISHES STATE AND COUNTY PRIORITY AGRICULTURAL LAND BOARDS, WHICH PROVIDES FOR THEIR POWERS AND DUTIES, WHICH ESTABLISHES CRITERIA AND PROCEDURES FOR CREATING PRIORITY AGRICULTURAL LAND AREAS AND FOR THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS FOR LAND WITHIN THE PRIORITY AREA, WHICH CREATES THE PRIORITY AGRICULTURAL LAND TRUST FUND TO DISBURSE FUNDS FOR THE PURCHASE OF CONSERVATION EASEMENTS, WHICH REQUIRES THE PERIODIC REVIEW OF ALL PRIORITY AGRICULTURAL LAND AREAS, AND WHICH RESTRICTS SOME LOCAL GOVERNMENT ACTIONS WITH REGARD TO PRIORITY AREAS.
Senator LEVENTIS explained the Bill.
Senator GIESE objected to further consideration of the Bill.
The following Bill was carried over:
S. 1074 -- Senator Saleeby: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-735 SO AS TO REGULATE CERTAIN PRACTICES BETWEEN WINE MANUFACTURERS, WHOLESALERS, AND RETAILERS, AND TO PROVIDE FOR OTHER PRACTICES AND PROCEDURES APPLICABLE TO THE SALE OF WINE.
Senator LAND explained the Bill.
On motion of Senator THOMAS, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3784 -- Reps. Haskins, Jordan, Neal, H. Brown, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Bowers, G. Brown, Byrd, Cato, Cave, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Fleming, Hamilton, J. Hines, M. Hines, Hodges, Howard, Jennings, Kelley, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Maddox, McCraw, McKay, Meacham, Miller, Parks, Phillips, Pinckney, Quinn, Rice, Riser, Robinson, Sandifer, Scott, Sharpe, Simrill, F. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Woodrum, Young, Govan, Campsen and Harrell: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, CLARIFYING THE SCOPE OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING PROVISIONAL LICENSES AND BIENNIAL LICENSURE, REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY, AND INCREASING CRIMINAL PENALTIES.
Senator LAND moved that the Bill be made a Special Order.
Senator MOORE made a Parliamentary Inquiry as to whether there were any open slots in the Special Order category other than the slot reserved for the Chairmen's Committee.
The ACTING PRESIDENT stated that only the Chairmen's Committee slot was available.
On motion of Senator LAND, with unanimous consent, the motion was withdrawn.
On motion of Senators ANDERSON, THOMAS and BRYAN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mamie Beasley Lynch from Laurens, S.C., esteemed community leader.
Senator DRUMMOND moved that, when the Senate adjourns on Friday, April 24, 1998, it stand adjourned to meet next Tuesday, April 28, 1998, at 12:00 Noon, which motion was adopted.
At 12:16 P.M., on motion of Senator DRUMMOND, 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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