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, you may want to read the entire chapter of Genesis 32, the story of Jacob's wrestling with the angel of God. Hear verse 24:
"Then he (the angel) said, 'Your name shall no more be called Jacob but Israel, for you have striven with God and with men, and have prevailed'."
Let us pray.
Our Father, we thank You for the message of Jacob that has come down through the ages. Most of us know what it is to wrestle with God and with our fellow humans.
We pray that the Spirit of God will strive with us, and all leaders of mankind everywhere. Even as the angel wrestled with Jacob to strain his thigh, bend his back, and redirect his will, that in spite of himself he was brought to know the right way which many have called the way of salvation.
We see that Jacob had feared to see his brother Esau's face (v. 20; 33:10) but instead he saw God face to face and was allowed to live (16:13; Ex.33:20).
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 15, 1998
Mr. Frank B. Caggiano
Clerk of the Senate
Post Office Box 142
Columbia, S.C. 29202
Dear Mr. Caggiano:
We are transmitting herewith for confirmation, a reappointment to the Myrtle Beach Air Force Base Redevelopment Authority. This is submitted for the advice and consent of the Senate and is requested to fill the current term of Robert H. Reed, whose term will expire on June 30, 1998. Please be good enough to advise us when this appointment has been confirmed.
Respectfully,
Mark Struthers McBride, Mayor
Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 26, 1994, to expire June 30, 1998:
City of Myrtle Beach:
Robert H. Reed, 715 Antigua Drive, Myrtle Beach, S.C. 29572
Senator RAVENEL introduced Dr. John Eady of Charleston, S.C., Doctor of the Day.
On motion of Senator BRYAN, at 11:00 A.M., Senator GIESE was granted a leave of absence for today.
At 11:40 A.M., Senator WASHINGTON requested a leave of absence for the balance of the day.
On motion of Senator McCONNELL, at 11:40 A.M., Senator PASSAILAIGUE was granted a leave of absence for today.
Senator MOORE rose to a Point of Personal Privilege.
Senator THOMAS rose to a Point of Personal Privilege.
Senator HOLLAND rose to a Point of Personal Privilege.
Senator DRUMMOND rose to a Point of Personal Privilege.
Senator McCONNELL rose to a Point of Personal Interest.
On motion of Senator McCONNELL, with unanimous consent, the following was ordered printed in the Journal:
S. 1116 -- Senator Courtney: A BILL TO AMEND SECTION 56-5-2930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE FOR THE OFFENSE OF GROSS INTOXICATION; TO AMEND SECTION 56-5-2940, RELATING TO THE PENALTY FOR DRIVING WHILE INTOXICATED, SO AS TO PROVIDE FOR ENHANCED PENALTIES FOR A PERSON WHO HAS MORE THAN TWENTY ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD; TO AMEND SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO PROVIDE THAT IT MAY BE INFERRED THAT A PERSON WHO HAS MORE THAN TWENTY ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD IS GROSSLY INTOXICATED; TO AMEND SECTION 56-5-2990, RELATING TO THE DRIVER'S LICENSE SUSPENSION PERIOD FOR A PERSON CONVICTED OF DRIVING WHILE INTOXICATED, SO AS TO PROVIDE FOR ENHANCED PENALTIES FOR A PERSON WHO IS CONVICTED AND AT THE TIME OF THE OFFENSE HAD MORE THAN TWENTY ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD; AND TO AMEND SECTION 56-1-1320, RELATING TO PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF DRIVING WHILE INTOXICATED AND AT THE TIME OF THE OFFENSE HAD MORE THAN TWENTY ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD MAY NOT RECEIVE A PROVISIONAL DRIVER'S LICENSE.
Senator COURTNEY asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
Senator COURTNEY asked unanimous consent to give the Bill a second and third reading on the next two consecutive legislative days.
Senator HUTTO objected.
S. 1195 -- Senator Leatherman: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PEE DEE REGIONAL AIRPORT DISTRICT, SO AS TO CHANGE THE COMPOSITION OF THE GOVERNING BODY BY REMOVING DARLINGTON COUNTY FROM MEMBERSHIP ON THE GOVERNING BODY; REDUCE THE JURISDICTION OF THE DISTRICT BY REMOVING DARLINGTON COUNTY; LIMIT THE NUMBER OF TERMS A MEMBER MAY SERVE; AUTHORIZE THE GOVERNING BODIES OF THE COUNCILS COMPOSING THE AUTHORITY TO INCREASE THE AMOUNT OF COMPENSATION OF MEMBERS OF THE AUTHORITY; AUTHORIZE THE AUTHORITY TO LICENSE, LEASE, SUBLEASE, RENT, SELL, OR OTHERWISE PROVIDE FOR THE USE OF REAL PROPERTY IN ADDITION TO OTHER PROPERTY; DELETE THE POWER OF THE AUTHORITY TO DEVELOP AN INDUSTRIAL OR BUSINESS PARK; DELETE THE POWER TO DIRECT THE AUDITORS OF THE COUNTIES COMPOSING THE AUTHORITY TO LEVY A TAX ON THE PROPERTIES WITHIN THE DISTRICT; AUTHORIZE THE AUTHORITY TO DEVELOP LANDS LEASED BY, SUBLEASED BY, OWNED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY; PROVIDE THAT ALL FINES AND FORFEITURES COLLECTED UNDER THIS ARTICLE MUST BE FORWARDED TO THE COUNTY WHERE THE FINAL DISPOSITION OF THE CASE IS MADE INSTEAD OF TO THE DISTRICT; DELETE PROVISIONS RELATING TO THE AUTHORITY DEPOSITING OR EXPENDING MONIES, ACCEPTING DONATIONS, ISSUING NEGOTIABLE INSTRUMENTS, AND THE AUTHORITY TO ISSUE BONDS; CHANGE THE USES OF REVENUES DERIVED BY THE AUTHORITY FROM THE OPERATION OF REVENUE PRODUCING FACILITIES; DELETE PROVISIONS WHICH PROHIBITED THE AUTHORITY FROM CONSTITUTING ALL OR PART OF THE LANDS OWNED BY, LEASED BY, SUBLEASED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY AS AN INDUSTRIAL OR BUSINESS PARK UNDER THE PROVISIONS OF SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION; DELETE THE PROVISION RELATING TO THE ESTABLISHMENT OF INDUSTRIAL OR BUSINESS PARK; AND TO PROVIDE THAT NOTHING IN THIS ARTICLE SHALL PROHIBIT ANNEXATION BY THE CITY OF FLORENCE OF THE PROPERTY OF THE DISTRICT.
Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
Senator LEATHERMAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator LEATHERMAN asked unanimous consent to give the Bill a second reading.
There was no objection.
On motion of Senator LEATHERMAN, with unanimous consent, S. 1195 was ordered to receive a third reading on Friday, May 1, 1998.
H. 5072 -- Reps. Harrison and Knotts: A JOINT RESOLUTION AUTHORIZING THE OFFICE OF INDIGENT DEFENSE FOR FISCAL YEAR 1997-98 ONLY TO USE UP TO FIVE HUNDRED THOUSAND DOLLARS OF THE DEATH PENALTY TRIAL FUND TO PAY FEES AND EXPENSES OF PRIVATE COUNSEL APPOINTED IN NONCAPITAL CASES IF THE CONFLICT FUND IS EXHAUSTED.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Finance.
There was no objection.
Senator LAND asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
Senator LAND proposed the following amendment (5072L001.JCL), which was adopted:
Amend the bill, as and if amended, page 5072-002, lines 26 and 27, by striking:
/ of private counsel appointed /.
Amend title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar.
On motion of Senator LAND, with unanimous consent, H. 5072 was ordered to receive a third reading on Friday, May 1, 1998.
H. 4686 -- Rep. Stoddard: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO CHANGE THE NAME OF WOODVILLE PRECINCT TO GREENPOND PRECINCT AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
On motion of Senator BRYAN, with unanimous consent, the Bill was recalled from Legislative Council.
There was no objection.
Senator BRYAN asked unanimous consent to make a motion to reconsider the vote whereby the Senate gave third reading to the Bill and ordered the Bill enrolled for ratification.
There was no objection.
The following were introduced:
S. 1224 -- Senators Wilson, Setzler, Ryberg, Lander and Courson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO GARY TAYLOR OF LEXINGTON ON HIS ELECTION AS 1998 RURITAN NATIONAL PRESIDENT.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1225 -- Senators Drummond, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO HENRY J. CAUTHEN FOR OVER THIRTY YEARS OF DEDICATED AND DEVOTED SERVICE AS PRESIDENT OF SOUTH CAROLINA EDUCATIONAL TELEVISION, UPON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3685 -- Reps. Cato and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-15-15 SO AS TO MAKE UNLAWFUL CERTAIN TRADE AND COMMERCIAL PRACTICES WITH REGARD TO THE LABELING OF A PRODUCT AS "PEAT" AND TO PROVIDE PENALTIES.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 4446 -- Reps. Gamble and Knotts: A BILL TO AMEND SECTION 34-3-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING OR EDUCATIONAL LOAN RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO PROVIDE FOR THE ADMISSIBILITY OF A REPRODUCTION IF THE ORIGINAL WOULD HAVE BEEN A BUSINESS RECORD FOR PURPOSES OF ADMISSIBILITY OR IF A WITNESS ATTESTS THAT THE REPRODUCTION IS A TRUE AND CORRECT COPY OF THE ORIGINAL.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4805 -- Reps. McGee, Campsen, Meacham, Knotts, McKay, Kinon, Simrill, Jordan, Martin, Kirsh, J. Brown, Stuart, Wilkins, Barrett, Young, Clyburn, Woodrum, Harrison, Klauber, Easterday, Gourdine, Spearman, Fleming, Haskins, Moody-Lawrence, Limehouse, Harrell and Robinson: A BILL TO AMEND SECTION 23-3-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE OF SEX OFFENDER REGISTRY INFORMATION TO THE PUBLIC, SO AS TO PROVIDE THAT A REQUEST FOR INFORMATION DOES NOT HAVE TO BE WRITTEN; TO AUTHORIZE NOTIFICATION OF RESIDENTS OF AN OFFENDER LIVING WITHIN ONE MILE OF THEIR RESIDENCE IF THE SHERIFF HAS REASON TO BELIEVE THAT NOTIFICATION IS IN THE PUBLIC'S BEST INTEREST AND THAT BASED ON CRITERIA ESTABLISHED BY THE STATE LAW ENFORCEMENT DIVISION THAT THE OFFENDER MAY REPEAT A SEXUAL OFFENSE; AND TO PROVIDE IMMUNITY FOR INFORMATION RELEASED IN GOOD FAITH AND IN ACCORDANCE WITH THIS SECTION.
Read the first time and referred to the Committee on Judiciary.
H. 4971 -- Reps. Wilkins, Harrison and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-645 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE NOTICE OF CERTAIN HEARINGS TO FOSTER PARENTS, PREADOPTIVE PARENTS, AND RELATIVES PROVIDING CARE OF A CHILD; BY ADDING SECTION 20-7-763 SO AS TO CLARIFY WHAT IS REQUIRED OF THE DEPARTMENT OF SOCIAL SERVICES WHEN IT MUST MAKE "REASONABLE EFFORTS" IN WORKING WITH FAMILIES AND CHILDREN AND TO FURTHER AUTHORIZE THE FAMILY COURT TO MAKE DETERMINATIONS AS TO WHEN REASONABLE EFFORTS MAY BE REQUIRED AND WHEN THEY MAY BE TERMINATED OR DISPENSED WITH; BY ADDING SECTION 20-7-768 SO AS TO PROVIDE CONDITIONS UNDER WHICH THE DEPARTMENT SHALL INITIATE, OR JOIN IN A PROCEEDING FOR, TERMINATION OF PARENTAL RIGHTS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING, SO AS TO INCLUDE IN THE FINDINGS REQUIRED WHEN A CHILD IS NOT RETURNED TO THE PARENTS THE STEPS THE DEPARTMENT HAS TAKEN TO PROMOTE AND EXPEDITE THE ADOPTIVE PLACEMENT OF THE CHILD; TO AMEND SECTION 20-7-1642, AS AMENDED, RELATING TO PERSONS WITH WHOM A CHILD MAY NOT BE PLACED FOR FOSTER CARE, SO AS TO REVISE THE CRIMINAL OFFENSES THAT ARE PROHIBITED AND TO CLARIFY THAT A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES INCLUDES A CHILD IN THE CUSTODY OF AN AGENCY LICENSED OR REGISTERED BY THE DEPARTMENT; TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY PETITION FOR ADOPTION OF A CHILD, SO AS TO PROVIDE EXCEPTIONS AND TO PROVIDE FOR A HEARING IF THE DEPARTMENT VIOLATES THIS SECTION; AND TO AMEND SECTION 20-7-1895 RELATING TO THE STATEWIDE ADOPTION EXCHANGE, SO AS TO DELETE THE PROVISION THAT ONLY A "SPECIAL NEEDS CHILD" MAY BE REFERRED TO A REGIONAL OR NATIONAL ADOPTION EXCHANGE.
Read the first time and referred to the Committee on Judiciary.
H. 4975 -- Reps. Young and Askins: A BILL TO AMEND SECTION 4-23-880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING WITHIN FIVE HUNDRED FEET OF A PLACE WHERE FIRE APPARATUS IS STOPPED AND SECTION 56-5-1960 RELATING TO FOLLOWING A FIRE APPARATUS CLOSER THAN FIVE HUNDRED FEET, SO AS TO PROVIDE THAT THE FIRE APPARATUS MAY BE RESPONDING TO AN EMERGENCY RATHER THAN ONLY TO A FIRE ALARM.
Read the first time and referred to the Committee on Judiciary.
H. 5065 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO REPORTING INSURANCE POLICIES WITH EFFECTIVE DATES ON OR AFTER JULY 1, 1989, EXAMINATION OF CLAIM FILES, ADMISSION OF EXPERT'S REPORT AS EVIDENCE, POSTPONEMENT OR ADJOURNMENT OF A HEARING, INFORMAL CONFERENCE, SELF-INSURANCE APPLICATION, FINANCIAL ANALYSIS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2258, 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. 5100 -- 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, 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, 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 and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES FOR ITS MERITORIOUS AND EXEMPLARY WORK ON BEHALF OF ARTS EDUCATION IN SOUTH CAROLINA, AND COMMENDING THE SCHOOL FOR SETTING A STANDARD OF EXCELLENCE IN ARTS EDUCATION AND ENHANCING THE LIVES OF THE PALMETTO STATE'S STUDENTS, TEACHERS, AND CITIZENS WHO REAP THE BENEFITS OF AN ENRICHED ARTS ENVIRONMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5101 -- Reps. Govan, Felder, Sharpe, Stuart, Lloyd, Cobb-Hunter, Moody-Lawrence, J. Hines, Scott, Inabinett, 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, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gourdine, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, M. Hines, Hinson, Howard, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO HONOR THE SOUTH CAROLINA STATE UNIVERSITY BULLDOGS AND THEIR COACH CY ALEXANDER AND HIS STAFF ON THEIR OUTSTANDING TEAM AND INDIVIDUAL ACCOMPLISHMENTS DURING THE 1997-98 MEN'S BASKETBALL SEASON, INCLUDING A MEAC TITLE, A TRIP TO THE NCAA TOURNAMENT, AND AN OVERALL RECORD OF 22-8.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5102 -- Reps. Seithel, Campsen, M. Hines, Altman, Harrell, Whatley, Dantzler, Breeland, Mack, Young-Brickell and Limehouse: A CONCURRENT RESOLUTION TO RECOGNIZE ELZA M. ALTERMAN FOR HER SUCCESSES AS A BUSINESSWOMAN AND HER CONTRIBUTIONS TO THE VITALITY OF DOWNTOWN CHARLESTON, UPON THE CLOSING OF HER KING STREET SHOP, ELZA'S WOMEN'S APPAREL, AFTER FORTY-SEVEN YEARS OF BUSINESS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5106 -- Reps. Carnell, Inabinett, Lloyd and Klauber: A CONCURRENT RESOLUTION DECLARING MAY, 1998, SENIOR CITIZENS MONTH IN SOUTH CAROLINA AND CALLING UPON ALL SOUTH CAROLINIANS TO ATTEND OBSERVANCES OF SENIOR CITIZENS MONTH IN ORDER TO SHOW THEIR APPRECIATION FOR AND GRATITUDE TO OUR STATE'S SENIORS.
Whereas, South Carolina's senior citizens constitute a vibrant cohort vital to the state's progress; and
Whereas, the skills and experience of the state's seniors provide an essential element of balance and discipline in a time when technological progress threatens to outstrip our abilities to manage such change successfully; and
Whereas, all of us are temporal immigrants in our beloved State and county, who have learned those values that ensure that we survive and thrive to enjoy our freedom only because seniors have shared with and instilled in us the requirements necessary to be good citizens; and
Whereas, among the highest priorities in making the inevitable choices that must be made by elected officials are programs and policies directed at easing the special problems of our seniors, including economic security and adequate health care; and
Whereas, it is appropriate for members of the General Assembly to set aside a month during which special efforts can be made and observances held to recognize our seniors. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly by this resolution declares May, 1998, as Senior Citizens Month and calls upon all South Carolinians to attend observances of Senior Citizens Month in order to show their appreciation for and gratitude to our state's seniors.
Be it further resolved that a copy of this resolution be forwarded to Mr. Jim Millsap, President, South Carolina State Council of Senior Citizens, Inc., 1762 Timber Bay Drive, Cottageville, SC 29435.
Introduced and referred to the Committee on Invitations.
H. 5107 -- Rep. Cotty: A CONCURRENT RESOLUTION RECOGNIZING SENIOR MASTER SERGEANT CHARLES S. BEAM, AEROSPACE SCIENCE INSTRUCTOR AT SPRING VALLEY HIGH SCHOOL IN RICHLAND COUNTY, UPON HIS RETIREMENT FROM THE AIR FORCE JUNIOR ROTC AFTER TWENTY-SEVEN YEARS OF OUTSTANDING SERVICE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5109 -- 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, 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, 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 and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND HENRY J. CAUTHEN, PRESIDENT OF THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK, FOR HIS MANY YEARS OF OUTSTANDING SERVICE TO EDUCATIONAL TELEVISION AND THE STATE OF SOUTH CAROLINA UPON HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator WILSON from the General Committee submitted a favorable report on:
S. 759 -- Senator McConnell: A BILL TO AMEND ACT 722 OF 1976, RELATING TO THE WASHINGTON LIGHT INFANTRY AND SUMTER GUARDS BOARD OF OFFICERS, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD FROM FIVE TO SEVEN AND TO CHANGE THE MANNER IN WHICH THE MEMBERS OF THE BOARD ARE APPOINTED.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 4700 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR.
Ordered for consideration tomorrow.
Senator DRUMMOND spoke on the Bill.
Senator DRUMMOND asked unanimous consent to make a motion that the Report of the Senate Finance Committee be adopted, the Bill be given a second reading with notice of general amendments on third reading, carrying over all amendments to third reading, with all members reserving the right to raise any Points of Order and to offer amendments without regard to questions of degree and provided that this unanimous consent request does not fulfill the two-thirds vote requirement contained in Rule 24B.
There was no objection and the motion was adopted.
We request to be recorded as voting "no" on second reading and we further confirm that agreeing to a second reading should not be considered a precedent for the future in that we believe the state budget should receive two readings to provide maximum citizen input. Particularly those of us not on the Finance Committee desire a full discussion.
On motion of Senator DRUMMOND, with unanimous consent, staff members from the Budget and Control Board and the Senate Finance Committee were authorized to be admitted to the floor of the Senate Chamber when H. 4700, the General Appropriation Bill, and H. 4702, the Capital Reserve Fund, were under debate.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
Ordered for consideration tomorrow.
H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
On motion of Senator DRUMMOND, with unanimous consent, the Joing Resolution was taken up for immediate consideration.
The Senate proceeded to a consideration of the Joint Resolution, the question being the adoption of the amendment proposed by the Committee on Finance.
The Finance Committee proposed the following amendment (KGH\15606HTC.98) which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1997-98 the following amounts:
(1) 1998 General Election Expense $ 2,088,000
(2) Dept. of Education - Hold Harmless Fringe 8,500,000
(3) Dept. of Education - Library Materials 1,000,000
(4) Dept. of Education - Textbooks 5,000,000
(5) Dept. of Education - Bus Shops - Parts & Gas 1,450,000
(6) Dept. of Education -
Governor's School for the Arts 3,000,000
(7) Budget and Control Board - School Technology 6,000,000
(8) Commission on Higher Education - SCAMP 600,000
(9) Commission on Higher Education - EPSCOR 2,500,000
(10) Tuition Grants Commission - Tuition Grants 500,000
(11) Higher Education Institutional Funding 33,700,000
(12) The Citadel - Coed Initiative 750,000
(13) Clemson University - Fibers & Films Center 650,000
(14) South Carolina State University -
Business School Accreditation 500,000
(15) South Carolina State University -
Building Maintenance 3,000,000
(16) University of South Carolina - Law Library 400,000
(17) Winthrop University - Equipment/Science Building 775,000
(18) State Board for Technical &
Comprehensive Education - Special Schools 2,000,000
(19) Wil Lou Gray Opportunity School - Computers 75,000
(20) Wil Lou Gray Opportunity School -
Dorm Equipment 30,000
(21) Wil Lou Gray Opportunity School -
Central Energy Management System 40,000
(22) School for the Deaf and Blind -
Facilities & Equipment Upgrade 245,000
(23) School for the Deaf and Blind -
Transportation Improvements 160,000
(24) Educational Television Commission -
Receiving Equipment for Schools 100,000
(25) State Library - Library Services, Text Database 1,500,000
(26) Arts Commission - Penn Center 109,093
(27) State Museum - Collections 100,000
(28) Dept. of Health and Human Services -
Greenwood Aging Council 100,000
(29) Dept. of Health and Environmental Control -
Water Quality Improvement 1,000,000
(30) Dept. of Health and Environmental Control -
Infectious Disease Detection & Control 99,649
(31) Dept. of Health and Environmental Control -
Year 2000 Computer Reprogramming 895,627
(32) Judicial Department - Information Technology 500,000
(33) Governor's Office-State Law Enforcement Division -
DNA Database/Lab Equipment 208,966
(34) Dept. of Public Safety -
Computer Upgrade (Loan Funds) 1,000,000
(35) Dept. of Public Safety -
Highway Patrol Vests and Vehicles 1,614,940
(36) Dept. of Corrections -
Substance Abuse Facility at
Lee Correctional Institute 650,375
(37) Clemson PSA - Meat Inspection 200,000
(38) Dept. of Natural Resources -
Law Enforcement Vehicles 236,000
(39) Sea Grant Consortium - Information Technology 50,000
(40) Dept. of Parks, Recreation and Tourism -
Palmetto Trails 85,000
(41) Dept. of Parks, Recreation and Tourism -
Thomas Sumter Monument 40,000
(42) Dept. of Parks, Recreation and Tourism -
Legacy Trust Fund 500,000
(43) Dept. of Commerce - Information Technology 151,000
(44) Ethics Commission - Equipment 2,050
(45) House of Representatives -
Southern Legislative Conference 180,000
(45.1) Expenses incurred by this State as a result of hosting the 1998 Annual Meeting of the Southern Legislative Conference must be paid from private contributions. State funds appropriated for this purpose must be expended only to the extent that private contributions are insufficient. After all expenses of hosting the meeting have been paid, unexpended state funds shall lapse to the General Fund, and unexpended private contributions must be remitted to the State Treasurer and credited to the General Fund.
(46) Comptroller General -
Year 2000 Compliance Software 35,000
(47) Adjutant General - FEMA State Match 530,622
(48) Budget and Control Board
Division of Regional Government -
Local Government Grants 1,000,000
(49) Budget and Control Board
Division of Regional Government -
Infrastructure Revolving Loan Fund 3,000,000
(50) Confederate Relic Room -
Flags & Artifacts Restoration 50,000
(51) Confederate Relic Room -
Travel & Educational Outreach 18,500
___________
Total $86,919,822
SECTION 2. The Comptroller General shall post the appropriations contained in this joint resolution in fiscal year 1998-99.
SECTION 3. This joint resolution takes effect thirty days after the completion of the 1997-98 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code./
Renumber sections to conform.
Amend title to conform.
Senator DRUMMOND asked unanimous consent to make a motion that the Report of the Senate Finance Committee be adopted and the Joint Resolution be given a second reading with notice of general amendments on third reading, carrying over all amendments to third reading with all members reserving the right to raise any Points of Order and to offer amendments without regard to questions of degree.
There was no objection and the motion was adopted.
Senator WILSON from the General Committee submitted a favorable report on:
H. 4787 -- Reps. Klauber, McLeod, J. Smith, McAbee, Harrison, Hawkins and Kinon: A BILL TO AMEND CHAPTER 17, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NATIONAL GUARD MUSEUM AND STATE WEAPONS COLLECTION SO AS TO CHANGE ITS NAME TO THE SOUTH CAROLINA MILITARY MUSEUM, RENAME AND REVISE ITS GOVERNING BOARD, AND MAKE OTHER REQUIRED CONFORMING AMENDMENTS.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable report on:
H. 4883 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE ATHLETIC COMMISSION, RELATING TO BOXING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2273, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 5077 favorable:
H. 5077 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 18, 1998, AND FRIDAY, JUNE 19, 1998.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Washington Reese
Russell
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 5078 favorable:
H. 5078 -- Rep. Martin: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, MAY 13, 1998, AS THE "SOUTH CAROLINA GENERAL ASSEMBLY WOMEN'S CAUCUS DAY" IN CELEBRATION OF THE SIXTIETH ANNIVERSARY OF THE NATIONAL ORDER OF WOMEN LEGISLATORS.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Washington Reese
Russell
Ordered for consideration tomorrow.
Columbia, S.C., April 29, 1998
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. 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.
Very respectfully,
Speaker of the House
On motion of Senator MOORE, the Senate insisted upon its amendments to H. 4799 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators LAND, CORK and WASHINGTON of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 22 -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.
The House returned the Bill with amendments.
Senators HOLLAND, SALEEBY, McCONNELL, BRYAN, WILSON, MOORE, RUSSELL, COURTNEY, CORK, FORD, GLOVER, GREGORY, JACKSON, LANDER MARTIN, MESCHER, RANKIN and ELLIOTT proposed the following amendment (JUD0022.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/SECTION 1. Section 30-4-30 of the 1976 Code is amended by adding:
"(d) The following records of a public body must be made available for public inspection and copying during the hours of operations of the public body without the requestor being required to make a written request to inspect or copy the records when the requestor appears in person:
(1) minutes of the meetings of the public body for the preceding six months;
(2) all reports identified in Section 30-4-50(A)(8) for at least the fourteen-day period before the current day; and
(3) documents identifying persons confined in any jail, detention center, or prison for the preceding three months."
SECTION 2. That portion of Section 30-4-40(a) of the 1976 Code, which precedes item (1), is amended to read:
"The following matters are exempt from disclosure under the provisions of this chapter: A public body may but is not required to exempt from disclosure the following information:"
SECTION 3. Section 30-4-40(a)(5) of the 1976 Code is amended to read:
"(5) Documents of and documents incidental to proposed contractual arrangements and documents of and documents incidental to proposed sales or purchases of property; however:
(a) these documents are not exempt from disclosure once a contract is entered into or the property is sold or purchased except as otherwise provided in this section;
(b) a contract for the sale or purchase of real estate shall remain exempt from disclosure until the deed is executed, but this exemption applies only to those contracts of sale or purchase where the execution of the deed occurs within twelve months from the date of sale or purchase;
(c) confidential proprietary information provided to a public body for economic development or contract negotiations purposes is not required to be disclosed."
SECTION 4. Section 30-4-40(a) of the 1976 Code, as last amended by Section 31D, Part II, Act 458 of 1996, is further amended by adding an appropriately numbered item to read:
"( ) All materials, regardless of form, gathered by a public body during a search to fill an employment position, except that materials relating to not fewer than the final three applicants under consideration for a position must be made available for public inspection and copying. In addition to making available for public inspection and copying the materials described in this item, the public body must disclose, upon request, the number of applicants considered for a position. For the purpose of this item 'materials relating to not fewer than the final three applicants' do not include an applicant's income tax returns, medical records, social security number, or information otherwise exempt from disclosure by this section."
SECTION 5. Section 30-4-40(a) of the 1976 Code, as last amended by Section 31D, Part II, Act 458 of 1996, is further amended by adding an appropriately numbered item to read:
"( )(A) Data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher education in the conduct of or as a result of study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where the data, records, or information has not been publicly released, published, copyrighted, or patented.
(B) Any data, records, or information developed, collected, or received by or on behalf of faculty, staff, employees, or students of a state institution of higher education or any public or private entity supporting or participating in the activities of a state institution of higher education in the conduct of or as a result of study or research on medical, scientific, technical, scholarly, or artistic issues, whether sponsored by the institution alone or in conjunction with a governmental body or private entity until the information is published, patented, otherwise publicly disseminated, or released to an agency whereupon the request must be made to the agency. This item applies to, but is not limited to, information provided by participants in research, research notes and data, discoveries, research projects, proposals, methodologies, protocols, and creative works.
(C) The exemptions in this item do not extend to the institution's financial or administrative records."
SECTION 6. Section 30-4-40(a) of the 1976 Code, as last amended by Section 31D, Part II, Act 458 of 1996, is further amended by adding an appropriately numbered item to read:
"( ) The identity, or information tending to reveal the identity, of any individual who in good faith makes a complaint or otherwise discloses information, which alleges a violation or potential violation of law or regulation, to a state regulatory agency."
SECTION 7. Section 30-4-50(A)(8) of the 1976 Code, as last amended by Act 269 of 1992, is further amended to read:
"(8) incident reports which disclose the nature, substance, and location of any crime or alleged crime reported as having been committed. Where an a incident report contains information exempt as otherwise provided by law, the law enforcement agency may delete that information from the incident report."
SECTION 8. Section 30-4-70 of the 1976 Code is amended to read:
"Section 30-4-70. (a) A public body may hold a meeting closed to the public for one or more of the following reasons:
(1) Discussion of employment, appointment, compensation, promotion, demotion, discipline, or release of an employee, a student, or a person regulated by a public body or the appointment of a person to a public body; however, if an adversary hearing involving the employee or client is held, such the employee or client has the right to demand that the hearing be conducted publicly. Nothing contained in this item shall prevent the public body, in its discretion, from deleting the names of the other employees or clients whose records are submitted for use at the hearing.
(2) Discussion of negotiations incident to proposed contractual arrangements and proposed sale or purchase of property, the receipt of legal advice where the legal advice relates to a pending, threatened, or potential claim or other matters covered by the attorney-client privilege, settlement of legal claims, or the position of the public agency in other adversary situations involving the assertion against said the agency of a claim.
(3) Discussion regarding the development of security personnel or devices.
(4) Investigative proceedings regarding allegations of criminal misconduct.
(5) Discussion of matters relating to the proposed location, expansion, or the provision of services encouraging location or expansion of industries or other businesses in the area served by the public body.
(6)(b) Prior Before to going into executive session the public agency shall vote in public on the question and when such the vote is favorable, the presiding officer shall announce the specific purpose of the executive session. As used in this subsection, 'specific purpose' means a description of the matter to be discussed as identified in items (1) through (5) of subsection (a) of this section. However, when the executive session is held pursuant to Sections 30-4-70(a)(1) or 30-4-70(a)(5), the identity of the individual or entity being discussed is not required to be disclosed to satisfy the requirement that the specific purpose of the executive session be stated. No formal action may be taken in executive session. As used in this item "formal action" means a recorded vote committing the body concerned to a specific course of action. No vote action may be taken in executive session except to (a) adjourn or (b) return to public session. The members of a public body may not commit the public body to a course of action by a polling of members in executive session.
(b)(c) No chance meeting, social meeting, or electronic communication may be used in circumvention of the spirit of requirements of this chapter to act upon a matter over which the public body has supervision, control, jurisdiction, or advisory power.
(c)(d) This chapter does not prohibit the removal of any person who wilfully disrupts a meeting to the extent that orderly conduct of the meeting is seriously compromised.
(d)(e) Sessions of the General Assembly may enter into executive sessions authorized by the Constitution of this State and rules adopted pursuant thereto."
SECTION 9. Section 1-3-10 of the 1976 Code is amended to read:
"Section 1-3-10. (A) For purposes of this section:
(1) 'Responsible official' means the chief administrative officer or agency or department head of an entity, by whatever designation known. A responsible official shall be the person required to comply with any written request made pursuant to the provisions of this section;
(2) 'Immediately' means a period not to exceed ten days unless otherwise agreed to by the requestor.
(B) The Notwithstanding any other provision of law, the responsible official of each departments department, bureaus bureau, divisions division, officers office, boards board, commissions commission, institutions institution, or any and other agencies agency or undertakings undertaking of the State, upon receipt of a written request, shall immediately furnish to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, or the chairman of any standing committee of the Senate or House of Representatives in such form as he may require delineated in the written request, any information desired by him in relation to their regarding any of the respective affairs or activities of the entities governed by this section, except as provided in subsection (C). If the form the requestor required does not exist, the responsible official, after notifying the requestor, must immediately suggest an alternative format or furnish the requestor any existing informational format which serves the requestor's purposes. Any person who obtains information pursuant to this section is subject to the rules and laws governing the confidentiality of the information. Information furnished pursuant to this section continues to be subject to the same rules and laws governing the confidentiality of the information which governed the information prior to the information being furnished to the requestor.
(C) The following information is exempt from disclosure under this section:
(1) Correspondence or work products of legal counsel and any other material that would violate an attorney-client relationship;
(2) Trade secrets, which are defined as unpatented, secret, commercially valuable plans, appliances, formulas, or processes, which are used for the making, preparing, compounding, treating, or processing of articles or materials which are trade commodities obtained from a person and which are generally recognized as confidential; work products, in whole or in part collected or produced for sale or resale, and paid subscriber information. Trade secrets also include, for those public bodies who market services or products in competition with others, feasibility, planning, and marketing studies, and evaluations and other materials which contain references to potential customers, competitive information, or evaluation.
(3) Information of a personal nature where the public disclosure thereof would constitute unreasonable invasion of personal privacy. Information of a personal nature shall include, but not be limited to, information as to gross receipts contained in applications for business licenses and information relating to public records which include the name, address, and telephone number or other such information of an individual or individuals who are handicapped or disabled when the information is requested for person-to-person commercial solicitation of handicapped persons solely by virtue of their handicap. This provision must not be interpreted to restrict access to information contained in public records.
(4) Records of law enforcement and public safety agencies not otherwise available by law that were compiled in the process of detecting and investigating crime if the disclosure of the information would harm the agency by:
(a) disclosing the identity of informants not otherwise known;
(b) the premature release of information to be used in a prospective law enforcement action;
(c) disclosing investigatory techniques not otherwise known outside the government;
(d) endangering the life, health, or property of any person.
(5) Matters specifically exempted from disclosure by statute or law.
(D) Information requested pursuant to this section shall be used only for the requestor's use if the responsible official certifies that release of the information may have an effect upon pending business, personnel, or law enforcement actions. When negotiations or the reason for secrecy are completed, the information requested is available for distribution.
(E) Upon the filing of a written notice by the requestor setting forth the specific facts to the governing authority of an entity that a responsible official has wilfully or knowingly failed or refused to comply with the provisions of this section, the responsible official must be suspended without pay by the governing authority of the entity until such time as a hearing can be held subject to the provisions of Chapter 23 of Title 1, but in no event shall the suspension exceed ten days.
Notwithstanding any other provision of law, no responsible official shall be terminated from employment or removed from office for a violation of this section except as provided for in Section 2 of Article XV of the South Carolina Constitution."
SECTION 10. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator HOLLAND explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended, read the third time and ordered returned to the House with amendments.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
Senator MARTIN assumed the Chair at 12:26 P.M.
The following Bills 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. 5002 -- Rep. Vaughn: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO RENAME AND CORRECT ERRORS IN THE NAMES OF CERTAIN POLLING PLACES.
(By prior motion of Senator J. VERNE SMITH)
H. 5052 -- Rep. Bauer: A BILL TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO AUTHORIZE THE DISTRICT TO COMMISSION AND TRAIN QUALIFIED ENFORCEMENT OFFICERS.
(By prior motion of Senator WILSON)
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 1190 -- Senator Leatherman: A BILL TO AMEND SECTION 7-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED AND TO REPEAL SECTION 7-7-265, RELATING TO THE DESIGNATION OF VOTING PLACES IN FLORENCE COUNTY.
(By prior motion of Senator LEATHERMAN)
S. 1075 -- Senator Saleeby: A BILL TO AMEND SECTION 61-6-1500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON RETAIL ALCOHOLIC LIQUOR DEALERS, SO AS TO REVISE THE SIZE OF CONTAINERS CONTAINING ALCOHOLIC LIQUORS WHICH A RETAIL DEALER IS PERMITTED TO OWN OR KEEP IN HIS POSSESSION.
S. 844 -- Senators Courson, Leventis, Reese, Washington and Short: A BILL TO AMEND SECTION 41-43-250 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF CONFIDENTIAL INFORMATION SUBMITTED TO OR COMPILED BY THE JOBS ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO SPECIFY WHEN AND UNDER WHAT CIRCUMSTANCES INFORMATION IS DEEMED TO BE CONFIDENTIAL; TO REQUIRE THE AUTHORITY TO PROVIDE THE SENATE FINANCE COMMITTEE OR THE HOUSE WAYS AND MEANS COMMITTEE WITH ANY MATERIAL IT MAY REQUEST REGARDING A LOAN OR GRANT; AND TO REQUIRE FINAL APPROVAL BY THE GENERAL ASSEMBLY FOR LOANS INITIALLY APPROVED BY THE AUTHORITY THAT ARE GUARANTEED BY THE STATE.
S. 1179 -- Senator Drummond: A BILL TO AMEND SECTION 34-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF BANKING TO EXAMINE CERTAIN INSTITUTIONS SO AS TO AUTHORIZE EXAMINATION OF THE CAROLINA CAPITAL INVESTMENT CORPORATION.
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.
(By prior motion of Senator SALEEBY, with unanimous consent)
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.
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.
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.
S. 1162 -- Senator Bryan: A BILL TO AMEND SECTION 20-7-6845 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REVISE THE STANDARDS APPLICABLE TO JUVENILE DETENTION FACILITIES.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator BRYAN proposed the following amendment (GGS\22101CM.98), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Subsections (4), (5), and (6) of Section 20-7-6845 of the 1976 Code, as added by Act 383 of 1996, are amended to read:
"(4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties and municipalities of this State must include secure juvenile detention centers. The size and capacity of the juvenile detention facilities needed must be determined by the department after its consideration and review of American Correctional Association standards minimum standards for local detention facilities in South Carolina for the design, construction, and operation of juvenile detention facilities centers. These recognized national state standards must be met or exceeded by the department in determining the size and capacity of the juvenile detention centers and in planning for the construction and operation of the facilities. The department shall determine and announce the anticipated maximum operational capacity of each facility and shall contact each county and municipal governmental body in this State for the purpose of determining which counties or municipalities anticipate utilizing these facilities upon each facility becoming operational. The department shall inform each county and municipal governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's and municipality's ability to develop its own facility or to contract with other counties or municipalities for the development of a regional facility, and of the availability of the department's facilities. This notice must be provided to each county and municipality for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular county community who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. No later than September 1, 1993, the department shall report to the Budget and Control Board on the strategy of each county to comply with requirements of counties under this article. The department must include with its report a plan for the construction and the operation of those facilities which are projected to be necessary for the preadjudicatory detention of juveniles in this State. No later than September first of each subsequent year, the department shall report to the board on the status of all preadjudicatory juvenile detention facilities known to be operational or planned, regardless of ownership or management. Beginning with the report to the board which is due no later than September 1, 1996, the department must include an annual status report on the numbers of juveniles in pre-trial detention who are awaiting disposition in general sessions court, whether they have been waived by the family court or whether they qualify due to the offense with which they are charged. The board then will coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles who are awaiting disposition by, or who are under the jurisdiction of, the family court in adult jails anywhere within the State of South Carolina and to prevent the detention of juveniles who are awaiting disposition by general sessions court in facilities which do not provide actual sight and sound separation from adults who are in detention or custody. Upon completion of each facility and upon the determination by the Jail and Prison Inspection Division of the Department of Corrections that each facility is staffed in accordance with relevant standards and can be operated in accordance with these standards, the division shall determine and announce the rated capacity of each facility. A facility operated by the Department of Juvenile Justice for the preadjudicatory detention of juveniles must be maintained and continued in operation for that purpose until approved for conversion or closure by the Budget and Control Board. However, a county or municipality which decides to maintain its own approved facilities or which has entered into a regional intergovernmental agreement, which has provided secure facilities for preadjudicatory juveniles, and which meets the standards set forth above, may continue to operate these facilities. County and regionally operated facilities are subject to inspection by the Jail and Prison Inspection Division of the Department of Corrections for compliance with the standards set forth above and those created pursuant to Section 24-9-20. The division has the same enforcement authority over county, municipal, and regionally operated secure juvenile detention facilities as that which is provided in Section 24-9-30. In Department of Juvenile Justice operated facilities, the department shall determine an amount of per diem for each child detained in a center, which must be paid by the governing body of the law enforcement agency having original jurisdiction where the offense occurred. The per diem paid by the governing body of the law enforcement agency having original jurisdiction where the offense occurred must be based on the average operating cost among all preadjudicatory state facilities. The Department of Juvenile Justice must assume one-third of the per diem cost and the governing body of the law enforcement agency having original jurisdiction where the offense occurred must assume two-thirds of the cost. Per diem funds received by the department must be placed in a separate account by the department for operation of all preadjudicatory state facilities. Transportation of the juvenile to and from a facility is the responsibility of the law enforcement agency having jurisdiction where the offense was committed. Transportation of juveniles between department facilities, if necessary, is the responsibility of the department.
(5) Each secure facility which detains preadjudicatory youth longer than forty-eight hours, excluding weekends and state holidays, regardless of ownership or management, must have sufficient personnel to provide uninterrupted supervision and to provide administrative, program, and support requirements. Each of these facilities must have a minimum of two juvenile custodial officers on duty each shift, fully dressed, awake, and alert to operate the facility. At least one person shall directly supervise the juveniles at all times. At least one female juvenile custodial officer must be present and available to the female detention population at all times. Staff on duty must be sufficient to provide for a juvenile-staff ratio of no more than a maximum of eight juveniles to each custody staff person, adequate for custody, control, and supervision, and to provide full coverage of all designated security posts, excluding administrative, program, and other support staff. Staff shall prepare further a facility schedule of preplanned, structured, and productive activities. Schedules must be developed which include designated times for sleeping, dining, education, counseling, recreation, visitation, and personal time. Daily schedules should minimize idleness and promote constructive use of the juvenile's day. The Department of Juvenile Justice shall provide educational programs and services to all preadjudicatory juveniles in its custody. County, municipal, and regionally operated facilities shall provide these services to all preadjudicatory juveniles under the jurisdiction of the family court and all pre-trial juveniles awaiting general sessions court who are detained locally for more than forty-eight hours, excluding weekends and state holidays, by contracting with the Department of Juvenile Justice or by arranging the services through the local school district in which the facility is located. It shall be the responsibility of the school district where a local detention center which has been approved to detain juveniles is located to provide adequate teaching staff and to ensure compliance with the educational requirements of this State. Students housed in approved local detention centers are to be included in the average daily membership count of students for that district and reimbursement by the Department of Education shall be made accordingly. Services which are arranged locally must be approved by the Department of Juvenile Justice as meeting all criteria developed under the authority of Section 20-7-6855. Special needs students who are detained locally shall have all services required by federal and state laws and regulations.
(6) A county, municipality, or regional subdivision may provide temporary holdover facilities for juveniles only if the facilities comply with this section and with all standards created under the provisions of Section 24-9-20, which must be monitored and enforced by the Jail and Prison Inspection Division of the South Carolina Department of Corrections pursuant to its authority under Sections 24-9-20 and 24-9-30. The standards shall provide for the regulation of temporary holdover facilities with regard to adequate square footage, juvenile accommodations, access to bathroom facilities, lighting, ventilation, distinctions between secure and nonsecure temporary holdover facilities, staffing qualifications, and additional requirements as may be specified. These facilities may hold juveniles during the period between initial custody and the initial detention hearing before a family court judge for a period up to forty-eight hours, excluding weekends and state holidays. Preadjudicatory juveniles who are subsequently transferred to a juvenile detention center may be housed in a temporary holdover facility when returned to the community for a court appearance. However, the temporary housing shall not exceed forty-eight hours."
SECTION 2. This act takes effect upon approval by the Governor./
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.
S. 718 -- Senator O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO AMEND SECTION 40-55-50, RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO REMOVE THE PROVISIONS THAT A PERSON MAY HAVE A DOCTOR'S DEGREE IN AN ALLIED FIELD RATHER THAN IN PSYCHOLOGY AND THAT A LICENSE MAY BE AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS FROM PSYCHOLOGY LICENSURE SO AS TO FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; AND TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO REFER POSSIBLE VIOLATIONS TO THE SOLICITOR.
Senator BRYAN 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 adoption of the committee amendment.
Senator HUTTO proposed the following amendment (KGH\15596AC.98), which was adopted:
Amend the Report of the Committee on Medical Affairs, as and if amended, Section 40-55-90(A)(13), page 718-2, by deleting lines 9 and 10 and inserting:
/employment is funded through an agency of the State and who provides services of a/
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
The Committee on Medical Affairs proposed the following amendment (PSD\7383AC.98), which was adopted:
Amend the bill, as and if amended, Section 40-55-50(A), page 718-4, line 23 by deleting /hypnosis,/.
Amend the bill further, Section 40-55-50(B), page 718-5 by deleting lines 5-7 and inserting:
/Specifically excluded from psychological practice within the meaning of this chapter shall be all of are the physical, chemical, and nonbehavioral aspects of Chapter 47 of Title 40. Nothing in this/
Amend the bill further, Section 40-55-90(A), page 718-9, by deleting lines 14-20 and inserting:
/(10) a South Carolina Department of Alcohol and Other Drug Abuse Services employee who:
(a) holds a certification credential from the South Carolina Association of Alcohol and Drug Abuse Counselors or is a counselor in the process of obtaining such a credential who is currently under the supervision of a South Carolina Association of Alcohol and Drug Abuse Counselors' certified counselor;
(b) is employed in a position that is directly or indirectly funded through the South Carolina Department of Alcohol and Other Drug Abuse Services or its local contract providers; and
(c) provides services of a psychological nature within the scope of his or her employment but does not in any way describe himself or herself or his or her services by any title or description which states or implies that he or she holds a license as otherwise required by this chapter;/
Amend the bill further, Section 40-55-90(A), page 718-9, line 31 by deleting / . / and inserting / ; / and after line 31 by inserting:
/(13) a person employed by any entity whose professional employment is funded through the South Carolina Department of Disabilities and Special Needs and who provides services of a psychological nature within the scope of employment if the person does not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter./
Amend the bill further, Section 40-55-90, page 718-9, after line 34 by inserting:
/(C) This chapter is for the regulation of the practice of psychology only and does not prevent human resource professionals, business consultants, and other persons from providing advice and counseling in their organizations or affiliated groups or to their companies and employees of their companies or from engaging in activities performed in the course of their employment./
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 951 -- Senators Drummond, McConnell, 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".
Senator BRYAN 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 adoption of the committee amendment.
The Committee on Medical Affairs proposed the following amendment (KGH\15587AC.98), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/SECTION 1. Chapter 75, Title 40 of the 1976 Code is amended by adding:
Section 40-75-310. The Board of Examiners for the Licensure of Professional Counselors, Associate Counselors, Marital and Family Therapists, and Licensed Psycho-Educational Specialist shall administer the provisions of this article and is the sole authority for issuing licenses pursuant to this article.
Section 40-75-320. (A) The practice of a licensed psycho-educational specialist is the utilization of a unique blend of training, incorporating skills and knowledge of psychology and education, to provide services addressing the educational, personal, and social needs of children and adolescents through assessment, intervention, consultation, counseling, information and referral, planning, training, and supervision in return for compensation. The practice of a licensed psycho-educational specialist includes:
(1) conducting psycho-educational assessments of individual needs using formal and informal psycho-educational measurement techniques including standardized measures of intelligence, aptitude, achievement, skills, development, personality traits, personal and social adjustment, interests, functional assessment, direct observation, interviews with parents, teachers, and other professionals, family histories, ecological data, criterion referenced measures, and curriculum-based assessment;
(2) interpreting assessment data and design and, when appropriate, providing interventions as indicated by the information;
(3) participating in instructional support and intervention teams;
(4) providing group and individual educational counseling for problems of learning, school adjustment, and academic performance;
(5) evaluating information and determining the need for referral to appropriate specialists and supportive services;
(6) providing consultation to clients, parents, teachers, school administrators, school systems, and professional colleagues;
(7) assisting in designing, planning, and developing instructional programs and curriculum;
(8) supervising the work of other licensed psycho-educational specialists.
(B) Whenever important aspects of a case fall outside the licensed psycho-educational specialist's competence, the specialist must obtain appropriate consultations and referrals. A licensed psycho-educational specialist must not attempt to diagnose, prescribe for, treat, or advise a client with reference to a complaint which is outside the scope of practice as provided for in this article.
(C) A licensed psycho-educational specialist employed by a school district may provide private sector services to students living within that district if the:
(1) parent, guardian, surrogate, or adult client is informed in writing, before services are provided, of the individual's eligibility for free services of the same kind from the school district;
(2) client is not a student assigned to any school to which the licensed psycho-educational specialist is assigned;
(3) parent, guardian, surrogate, or adult client is informed that the licensed psycho-educational specialist may not function as an independent evaluator;
(4) licensed psycho-educational specialist does not provide private sector services during hours of contracted employment with a school district;
(5) licensed psycho-educational specialist does not use his or her position within a school district to offer or promote private sector services;
(6) licensed psycho-educational specialist does not utilize tests, materials, or services belonging to the school district in providing private sector services.
(D) School districts employing licensed psycho-educational specialists on a contractual basis during the school year may require, upon contract renewal, notification of intent to perform psycho-educational services in the private sector.
(E) Persons whose practice is covered in this section shall use the title 'Licensed Psycho-Educational Specialist' in any advertisement, solicitation, or other written contract with members of the public. The term 'South Carolina Department of Education Certified in School Psychology', along with the certificate number, must be used only in conjunction with the title 'Licensed Psycho-Educational Specialist', and only on letterhead, on business cards, and as a signature line in reports written for South Carolina Department of Education schools or private schools.
Section 40-75-330. An applicant for licensure shall complete procedures for application as prescribed by the Board of Examiners for the Licensure of Professional Counselors, Associate Counselors, Marital and Family Therapists, and Licensed Psycho-Educational Specialists. An applicant must furnish the board with satisfactory evidence that the applicant:
(1) holds from a regionally accredited institution of higher education whose program is approved by the National Association of School Psychologists or the American Psychological Association or from a degree program which the board finds to be substantially equivalent based on criteria established by the board in regulation:
(a) a master's degree plus thirty hours;
(b) a sixty hour master's degree;
(c) a specialist's degree, which must require 60 semester hours or 90 quarter hours;
(d) or a doctorate in school psychology;
(2) is certified by the South Carolina Department of Education as a school psychologist level II or III;
(3) has served successfully for at least two years as a certified school psychologist in a school psychology or comparable setting, at least one year of which must have been under the supervision of a Licensed Psycho-Educational Specialist;
(4) has made a satisfactory score, as prescribed by the board, on the Educational Training Service's School Psychology Examination.
Section 40-75-340. The board shall promulgate regulations in accordance with Chapter 23, Title 1 (Administrative Procedures Act) establishing requirements for continuing education which must be met by a person licensed as a licensed psycho-educational specialist. An applicant for license renewal shall present evidence satisfactory to the board that continuing education requirements have been met.
Section 40-75-350. Notwithstanding the provisions of Section 40-75-330, an applicant who is qualified to practice school psychology within this State and who holds a South Carolina Department of Education II or III certification as of July 1, 1998, or who is certified as a Nationally Certified School Psychologist is qualified for licensure if the person has completed two years as a certified school psychologist in a school psychology or comparable setting. This person is subject to all provisions of this article except Section 40-75-330 and may not be denied relicensure as long as the person continues to comply with all other requirements of the article.
Section 40-75-360. Upon application, accompanied by the required fee, the board may issue a license to a person who has furnished evidence satisfactory to the board of licensure in another state, a territorial possession of the United States, the District of Columbia, or the commonwealth of Puerto Rico, if the requirements for licensure are equivalent to the requirements of this article, pursuant to the determination of the board.
Section 40-75-370. (A) A person licensed pursuant to this article may use the title 'Licensed Psycho-Educational Specialist' and the letters 'LPES' following his or her name.
(B) It is unlawful for a person who is not licensed in accordance with this article to use the title 'Licensed Psycho-Educational Specialist'.
(C) A licensee shall display his or her license in a prominent place at each place of practice.
Section 40-75-375. Notwithstanding the provisions of Chapter 55, additional credential lines must be used to indicate legitimate qualifications of the licensee whenever the work being done is for use by a school district or private school. Credential lines shall follow the typed or printed name of the licensee. For South Carolina Department of Education school psychologists, level II, the credential line shall read 'Licensed Psycho-Educational Specialist, Certified by South Carolina Department of Education in School Psychology, Certification No. ______'. For Department of Education school psychologists, level III, the credential line shall read 'Licensed School Psychologist, Certified by South Carolina Department of Education in School Psychology, Certification No. ____'.
Section 40-75-380. The provisions of Article 1 pertaining to the administrative responsibilities of licensure and regulatory requirements applicable to professional counselors, associate counselors, and marital and family therapists that are not inconsistent with this article also pertain to the licensure and regulation of licensed psycho-educational specialists.
Section 40-75-390. The board shall promulgate regulations necessary to carry out the provisions of this article including a code of ethics for licensed psycho-educational specialists using as resources the code of ethics of the National Association of School Psychologists and other relevant organizations.
Section 40-75-400. Nothing in this chapter may be construed to create a right in a psycho-educational specialist to:
(1) have paid to a licensed psycho-educational specialist a benefit under:
(a) a self-funded plan providing benefits to residents of this State;
(b) accident and health insurance provided to residents of this State;
(c) a plan of operation established by a health maintenance organization licensed in this State; or
(2) have a claim against a third party payer, however situated."
SECTION 2. Section 40-75-20 of the 1976 Code is amended to read:
"Section 40-75-20. There is created the Board of Examiners for the Licensure of Professional Counselors, Associate Counselors, and Marital and Family Therapists, and Licensed Psycho-Educational Specialists (hereafter called the 'board'), composed of eight nine members. The Governor shall appoint the following members as follows with the advice and consent of the Senate:
(1) There must be six professional members, one from each of the congressional districts in the State district, three of whom are must be licensed professional counselors and three of whom are must be licensed marital and family therapists.;
(2) one licensed psycho-educational specialist;
(2)(3) There must be two members at large from the general public who are may not be associated with, or financially interested in, the practice of either professional counseling, associate counseling, or marital and family therapy, or school psychology.
The membership must be representative of racial and ethnic minorities and of women. The six professional members and the Licensed Psycho-Educational Specialist must have been actively engaged in the practice of their respective professions or, in the education and training of professional counselors, associate counselors, or marital and family therapists, or school psychologists, respectively, for at least five years prior to before appointment. The initial professional members must, respectively, be eligible for licensure at the time of their appointment and qualification as members. All subsequent professional members must be licensed prior to appointment. Terms of the members are for four years and until their successors are appointed and qualify. Incumbent Members may not hold dual licensure both as a licensed professional counselor and a licensed marital and family therapist. Members are eligible for reappointment but may not serve more than two consecutive terms, except as otherwise specifically provided in this section. Initial members from the first, third, and fifth congressional districts and one of the initial at-large members, as designated by the Governor, shall serve for terms of two years, and these four initial members may serve for up to ten consecutive years on the board. The members must qualify by taking an oath of office before a notary public or other official authorized to administer oaths in the State. Vacancies must be filled in the same manner as original appointment for the unexpired portion of the term. Each member shall receive for his board services per diem, subsistence, and mileage as allowed by law for members of state boards, commissions, and committees for each day actually engaged in the duties of his the office, including a reasonable number of days, as determined by board regulation, for preparation and reviewing of applications and examinations in addition to and for time actually spent in conducting examinations."
SECTION 3. An individual qualified on July 1, 1998, to practice as a licensed psycho-educational specialist in this State in accordance with Article 3, Chapter 75, Title 40 of the 1976 Code, as added by Section 1 of this act, must apply for licensure under this act before October 1, 1998. The board shall consider all applications within one year of receiving the applications.
SECTION 4. (A) Sections 40-75-10 through 40-75-190 of the 1976 Code, are designated as Article 1, Chapter 75, Title 40, entitled "Professional Counselors, Associate Counselors, and Marital and Family Therapists".
(B) Chapter 75, Title 40 of the 1976 Code is renamed "Professional Counselors, Associate Counselors, Marital and Family Therapists, and Licensed Psycho-Educational Specialists".
SECTION 5. It is the intent of the General Assembly that the provisions of Article 3, Chapter 75, Title 40 of the 1976 Code, as added by this act, supersede the provisions of that article as they may be added by any other enactment in the 1998 Session of the General Assembly.
SECTION 6. This act takes effect July 1, 1998./
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senator GIESE proposed the following amendment (951R001.WKG), which was adopted:
Amend the bill, as and if amended, page [951-4], by striking Section 40-75-350 on lines 9-18.
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.
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.
Senator BRYAN 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 adoption of the committee amendment.
The Committee on Medical Affairs proposed the following amendment (BBM\9852AC.98), which was adopted:
Amend the bill, as and if amended, Section 40-75-10(A), page 13, line 16 after /Governor/ by inserting /with the advice and consent of the Senate/.
Amend further, Section 40-75-10(B), page 13, by deleting line 31 and inserting /reappointment./
Amend further, Section 40-75-30(B), page 16, line 25 after /./ by inserting /However, members of other professionals licensed in this State including, but not limited to, attorneys, physicians, psychologists, registered nurses, or social workers performing duties consistent with the laws of this State, their training, and any code of ethics of their profession are not considered to be practicing without a license if they do not represent themselves as being licensed pursuant to this chapter;/
Amend further, Section 40-75-110(A), page 20, line 41, by deleting /./ and inserting /;/ and after line 41 by inserting:
/(13) has practiced the profession or occupation while under the influence of alcohol or drugs or uses alcohol or drugs to such a degree as to render him unfit to practice his profession or occupation./
Amend further, Section 40-74-190, page 21, by deleting subsections (A), (B), and (C) and inserting:
/(A) No person licensed under this chapter, and no person's employees or associates, shall disclose any information which he or she may have acquired during the course of treatment, except in these instances:
(1) as mandated by Section 20-7-510, requiring certain professionals to report suspected child abuse and neglect and Section 43-35-85, requiring certain professionals to report suspected abuse, neglect, or exploitation of a vulnerable adult;
(2) to prevent a clear and immediate danger to a person or persons;
(3) if the licensee is a defendant in a civil, criminal, or disciplinary action arising from the course of treatment, in which case confidences may be disclosed only in the course of that action;
(4) if the client is a party in a criminal or civil proceeding;
(5) if there is a waiver of confidentiality previously obtained in writing, this information may be revealed only in accordance with the terms of the waiver. In circumstances where more than one person in a family receives treatment conjointly, each family member who is legally competent to execute a waiver must agree to the waiver referred to in this item. Without a waiver from each family member legally competent to execute a waiver, no confidences may be disclosed.
(B) All communications between clients and their licensed professional counselor or marriage and family therapist are considered privileged as provided in Section 19-11-95, protecting confidences between patients of mental illness or emotional condition and licensees under this chapter, and as provided in Section 19-11-100, providing limited protection for persons engaged in the gathering of information for journalistic or literary purposes. All records of treatments maintained by a licensed professional counselor or marriage and family therapist are confidential and must not be disclosed except under the circumstances provided for in this subsection.
(C) A person licensed under this chapter must comply with all applicable State and federal confidentiality laws. A person licensed under this chapter who is employed by, or serves as part of a federally assisted program as defined in the Public Health Service Act, Title 42, Code of Federal Regulation, Part 2, may not release the identity of any person in alcohol or drug abuse treatment except as provided in the Public Health Service Act, Title 42, Code of Federal Regulation./
Amend further, Section 40-75-240, page 25, line 4, after /./ by inserting / An intern who has not completed the requirements for licensure within two years may apply to the board for an extension./
Amend further, Section 40-75-290, page 27, by deleting item (5) on lines 1-6, and inserting:
/(5) qualified members of other professionals licensed in this State including, but not limited to, attorneys, physicians, psychologists, registered nurses, or social workers performing duties consistent with the laws of this State, their training, and any code of ethics of their profession if they do not represent themselves as being licensed pursuant to this chapter;/
Amend further, Section 40-75-290, page 27, line 32 by deleting /./ and inserting /;/ and after line 32 by inserting:
/(9) a person who holds a certification as an addictions counselor from the South Carolina Association of Alcoholism and Drug Abuse Counselor Certification Commission, the National Association of Alcoholism and Drug Abuse Counselor Certification, an International Certification Reciprocity Commission approved certification board, or any other nationally recognized association or similar accrediting body that includes competency based testing, requires supervision, education, and substantial experience may perform alcohol and drug abuse counseling services in a methadone treatment facility. Persons employed in a methadone treatment facility who lack credentialing may work under the supervision of a credentialed counselor if the person is also enrolled in, and progressing toward, a certification as referenced in this item and may not represent or advertise himself as a licensed professional counselor or a licensed marriage and family therapist./
Amend title to conform.
The amendment was adopted.
Senator MOORE explained the committee amendment.
Senator GIESE proposed the following amendment (DKA\4952SD.98), which was adopted:
Amend the bill, as and if amended, Section 40-75-50(B)(3) as contained in SECTION 1, page 18, by deleting lines 1 through 4, and inserting:
/implementation. No decision of the board which may affect the licensure of professional counselors or marriage and family therapists may become effective without a majority vote of the board./
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 1067 -- Senator Holland: A BILL TO AMEND SECTION 9-1-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LUMP-SUM CONTRIBUTIONS BY MEMBERS OF THE RETIREMENT SYSTEM WITH OUT-OF-STATE SERVICE, SO AS TO PROVIDE THAT A MEMBER WHO HAS BEEN IN CONTINUOUS COVERED EMPLOYMENT FOR TEN YEARS MAY RECEIVE CREDITABLE SERVICE FOR ANY AMOUNT OF OUT-OF-STATE SERVICE.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator HOLLAND proposed the following amendment (1067R001.DHH), 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 9-1-1710(2) of the 1976 Code is amended to read:
"(2) On or after July 1, 1975, any member may elect to become entitled to creditable service on account of his out-of-state service by making a special lump-sum contribution equal to ten percent and effective July 1, 1994, twelve percent of his annual earnable compensation at the time of payment for each year of out-of-state service and a proportionate part thereof for a fraction of a year, provided that the earnable compensation used as a basis for the special lump-sum contribution must not be less than his earnable compensation in any one of the three preceding fiscal years. A member who elects to receive creditable service for out-of-state service may establish a portion of the service on a one-time basis except the balance may be established in accordance with Section 9-1-80. The out-of-state service must be matched on a one-for-one basis with in-state service. However, a member who has been in continuous covered employment for ten years may receive creditable service for any amount of out-of-state service. Out-of-state service may not exceed the total creditable service, exclusive of out-of-state service which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. A member who elects to receive creditable service for his out-of-state service shall establish credit for all service for which he is eligible, except that the service shall not exceed the total creditable service, exclusive of out-of-state service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. The contribution thereafter must be treated in the same way as the regular contributions required of a member hereunder."
SECTION 2. Section 9-8-50 of the 1976 Code is amended by adding:
"(5) Any member who has twenty-five years of prior service credit in the South Carolina Retirement System may transfer up to three years of service credit from the Retirement System for Judges and Solicitors to the South Carolina Retirement System. A transfer of service credit pursuant to this subsection includes the transfer of the salary base associated with the years of judicial service and the total employer and employee contributions for the years of judicial service. This transfer may take place only if the benefit from the vested judicial annuity is not diminished."
SECTION 3. Subsections (1) and (5) of Section 9-8-60 of the 1976 Code, as last amended by Act 522 of 1994, are further amended to read:
"(1) A member of the system may retire upon written application to the board setting forth at what time, not later than his attaining age seventy-two and not more than ninety days prior nor more than six months subsequent to the execution and filing thereof, the member desires to be retired, if the member at the time so specified for retirement is no longer in the service of the State, except as a member of the General Assembly, and has completed ten years of credited service as a judge or eight years of credited service as a solicitor or was in service as a judge or solicitor on July 1, 1984, and has either attained the age of sixty-five and completed at least twenty years of credited service, or attained age seventy and completed at least fifteen years of credit service, or attained age sixty-five with at least four years' service in the position and has at least twenty-five years' other service with the State, or completed at least twenty-five years of credited service regardless of age. A solicitor is eligible to retire upon completion of twenty-four years of credited service regardless of age. Except as provided below, a person is not eligible to receive a retirement allowance under this system while under employment covered by the South Carolina Retirement System, and the South Carolina Police Officers Retirement System.
A person receiving retirement allowances under this system who is elected to the General Assembly or who is employed as an attorney by an employer as defined in Section 9-1-10(5) or 9-11-10(5) continues to receive the retirement allowances while serving in the General Assembly or while so employed and must also be a member of the General Assembly Retirement System applicable retirement system, unless the person files a statement with the State Budget and Control Board on a form prescribed by the board electing not to participate in the General Assembly applicable retirement system while a member of the General Assembly or while so employed. A person making this election shall not make contributions to the General Assembly applicable retirement system nor shall the State make contributions on the member's person's behalf and the person is not entitled on account of this service to benefits from the General Assembly applicable retirement system after ceasing to be a member of the General Assembly or after ceasing to be so employed.
(5) A member who retires, who has completed at least twenty-five years of credited service, or twenty-four years in the case of a solicitor, shall receive a monthly retirement allowance which must be equal to one-twelfth of seventy-one and three-tenths percent of the current active salary of the respective position plus one-twelfth of two and sixty-seven hundredths percent of the current active salary of the respective position for each additional year of active service over twenty-five, or twenty-four in the case of a solicitor. In the case of a solicitor, any credited service rather than only active service in excess of twenty-four years must be included for purposes of calculating the additional monthly allowance provided for by this subsection. The monthly retirement allowance may not exceed one-twelfth of ninety percent of the current active salary of the respective position."
SECTION 4. Section 9-8-120(2) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"(2) Except as otherwise provided below, if this return is in a position other than as a solicitor, the beneficiary, upon cessation of service in the position, is entitled to apply for a retirement allowance at the same rate to which the beneficiary was previously entitled, disregarding any reduction therein resulting from a previous election of an option. If the beneficiary's return is as a member of the General Assembly or an attorney employed by an employer as defined in Section 9-1-10(5) or 9-11-10(5), retirement allowances continue as provided by Section 9-8-60(1)."
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator HOLLAND 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 Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 1106 -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE ADMISSIONS LICENSE TAX, SO AS TO PROVIDE THAT THE MEASURE OF THIS TAX DOES NOT INCLUDE ANY TAX OR FEE IMPOSED BY A POLITICAL SUBDIVISION OF THE STATE THAT CONSTITUTES A PART OF THE CHARGE FOR ADMISSION.
Senator RANKIN explained the Bill.
S. 333 -- Senator Hayes: A BILL TO AMEND SECTION 27-40-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, LANDLORD REMEDIES, AND FAILURE OF TENANT TO PAY RENT, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT "RENTAL AGREEMENT" INCLUDES A RENTAL LEASE AGREEMENT BETWEEN THE LANDLORD AND THE TENANT AND THAT THE WRITTEN NOTICE REQUIREMENT UPON THE LANDLORD IN ORDER TO COMMENCE EVICTION PROCEEDINGS BECAUSE OF THE TENANT'S NONPAYMENT OF RENT SHALL BE DEEMED COMPLIED WITH IF THE RENTAL LEASE AGREEMENT CONTAINS A CERTAIN PROVISION.
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 (JUD0333.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 39, in Section 27-40-710(B), as contained in SECTION 1, by striking line 39 through line 18 on page 2 and inserting therein the following:
/contained in conspicuous language in a written rental agreement. The written notice requirement upon the landlord under this subsection shall be considered to have been complied with if the rental agreement contains the following, or a substantially equivalent, provision:
This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit.'
The presence of this provision in the rental agreement fully satisfies the 'written notice' requirement under this subsection and applies to a month-to-month tenancy following the specified lease term in the original rental agreement. If the rental agreement contains the provision set forth in this subsection, the landlord is not required to furnish any separate or additional written notice to the tenant in order to commence eviction proceedings for nonpayment of rent even after the original term of the rental agreement has expired."/
Amend title to conform.
Senators COURTNEY and BRYAN explained the committee amendment.
The amendment was adopted.
Senator RANKIN proposed the following amendment (JUD0333.003):
Amend the bill, as and if amended, page 1, beginning on line 9, by striking the bill in its entirety and inserting therein the following:
TO AMEND SECTION 27-40-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, LANDLORD REMEDIES, AND FAILURE OF TENANT TO PAY RENT, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE WRITTEN NOTICE REQUIREMENT UPON THE LANDLORD IN ORDER TO COMMENCE EVICTION PROCEEDINGS BECAUSE OF THE TENANT'S NONPAYMENT OF RENT SHALL BE CONSIDERED COMPLIED WITH IF THE RENTAL LEASE AGREEMENT CONTAINS A CERTAIN PROVISION; TO AMEND SECTION 27-47-110, RELATING TO THE APPLICABILITY OF THE MANUFACTURED HOME PARK TENANCY ACT, SO AS TO PROVIDE THAT THE PROVISIONS OF THE RESIDENTIAL LANDLORD AND TENANT ACT APPLY TO MANUFACTURED HOME PARK TENANCIES IF THE APPLICATION IS NOT INCONSISTENT OR CONTRARY TO THE PROVISIONS OF THE MANUFACTURED HOME PARK TENANCY ACT; AND TO AMEND SECTION 27-47-530, RELATING TO GROUNDS AND NOTICE OF EVICTION FROM A MANUFACTURED HOME PARK, SO AS TO CLARIFY THE TIME PERIOD IN WHICH AN EJECTMENT MAY ISSUE AND TO PROVIDE A PROCEDURE BY WHICH THE HOME MAY BE SOLD IF IT IS LEFT ON THE LOT TWENTY DAYS AFTER EVICTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 27-40-710(B) of the 1976 Code, as last amended by Act 484 of 1992, is further amended to read:
"(B) If rent is unpaid when due and the tenant fails to pay rent within five days from the date due or the tenant is in violation of Section 27-40-540, the landlord may terminate the rental agreement provided if the landlord has given the tenant written notice of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period. The landlord's obligation to provide notice under this section is satisfied for any lease term after the landlord has given one such notice to the tenant or if the notice is contained in conspicuous language in a written rental agreement. The written notice requirement upon the landlord under this subsection shall be considered to have been complied with if the rental agreement contains the following, or a substantially equivalent provision:
This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit.'
The presence of this provision in the rental agreement fully satisfies the 'written notice' requirement under this subsection and applies to a month-to-month tenancy following the specified lease term in the original rental agreement. If the rental agreement contains the provision set forth in this subsection, the landlord is not required to furnish any separate or additional written notice to the tenant in order to commence eviction proceedings for nonpayment of rent even after the original term of the rental agreement has expired."
SECTION 2. Section 27-47-110 of the 1976 Code is amended to read:
"Section 27-47-110. This chapter applies to, regulates, and determines the rights, obligations, and remedies under a rental agreement for a residential manufactured home park lot located within this State. The provisions of the Residential Landlord and Tenant Act, in Chapter 40 of Title 27, shall apply to tenancies in manufactured home parks if such application is not inconsistent with or contrary to the provisions of this chapter."
SECTION 3. Section 27-47-530 of the 1976 Code is amended to read:.
"Section 27-47-530. (A) An owner may evict a resident for one or more of the following reasons:
(1) failure to comply with local, state, or federal laws governing manufactured homes after he receives written notice of noncompliance and has had a reasonable opportunity to remedy the violation;
(2) engaging in repeated conduct that interferes with the quiet enjoyment of the park by other residents;
(3) noncompliance with a provision of the rental agreement or park regulations and failure to remedy the violation within fourteen days after written notice by the owner. If the remedy requires longer than fourteen days, the owner may allow the resident in good faith to extend the time to a specified date;
(4) not paying rent within five days of its due date;
(5) noncompliance with a law or a provision in the rental agreement or park regulations affecting the health, safety, or welfare of other residents in the park or affecting the physical condition of the park;
(6) wilfully and knowingly making a false or misleading statement in the rental agreement or application;
(7) taking of the park or the part of it affecting the resident's lot by eminent domain;
(8) other reason sufficient under common law.
(B) Notwithstanding Section 27-37-100, A a writ of ejectment may not issue within until thirty ten days after of written notice to the resident of the commencement of the eviction action a verdict for the plaintiff except for eviction pursuant to subsection (A)(5).
(C) If a manufactured home remains on the lot twenty days after the resident has been evicted, the home may be sold at public auction pursuant to Section 29-15-10."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
The amendment was adopted.
The Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bill and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:
H. 5023 -- Reps. M. Hines, McGee, J. Hines, McKay and Askins: A JOINT RESOLUTION TO PROVIDE FOR A BINDING REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1998 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF FLORENCE COUNTY SCHOOL DISTRICT ONE FAVOR GRANTING TO THE BOARD OF TRUSTEES OF THE DISTRICT THE AUTHORITY BEGINNING IN 1999 TO RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY NOT MORE THAN FIVE MILLS OVER THAT LEVIED FOR THE PREVIOUS YEAR WITHOUT THE REQUIREMENT OF A REFERENDUM, TO LIMIT THAT AUTHORITY TO A TWENTY-MILL INCREASE IN ANY FIVE-YEAR PERIOD, AND TO GRANT SUCH LIMITED FISCAL AUTONOMY TO THE BOARD BEGINNING IN 1999 IF THE RESULTS OF THE BINDING REFERENDUM ARE IN FAVOR THEREOF.
On motion of Senator LEATHERMAN, H. 5023 was ordered to receive a third reading on Friday, May 1, 1998.
S. 1219 -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO REVISE THE POWERS OF THE DISTRICT'S BOARD OF TRUSTEES.
(By prior motion of Senator LAND)
S. 1000 -- Senators Ford and Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE AGE OF CONSENT TO SEXUAL INTERCOURSE FOR AN UNMARRIED PERSON, SO AS TO RAISE THE AGE OF CONSENT FROM FOURTEEN TO SIXTEEN YEARS OF AGE.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
Senator COURTNEY explained the Joint Resolution.
On motion of Senator COURTNEY, the text of the Joint Resolution was ordered printed upon the pages of the Journal as follows:
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE AGE OF CONSENT TO SEXUAL INTERCOURSE FOR AN UNMARRIED PERSON, SO AS TO RAISE THE AGE OF CONSENT FROM FOURTEEN TO SIXTEEN YEARS OF AGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article III, Section 33 of the Constitution of this State be amended to read:
"Section 33. The marriage of a white person with a negro or mulatto, or person who shall have one-eighth or more of negro blood, shall be unlawful and void. No unmarried woman person shall legally consent to sexual intercourse who shall not have attained the age of fourteen sixteen years."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Article III, Section 33 of the Constitution of this State be amended so as to increase the age for an unmarried person to legally consent to sexual intercourse from fourteen to sixteen years of age?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Glover Gregory Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Russell Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Wilson
The Joint Resolution was read the second time, passed and ordered to a third reading.
On motion of Senator COURTNEY, with unanimous consent, S. 1000 was ordered to receive a third reading on Friday, May 1, 1998.
The PRESIDENT assumed the Chair at 12:42 P.M.
H. 4896 -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT FOR THE PERIOD FROM APRIL 30, 1998, UNTIL JANUARY 15, 1999, THE SEASON IS CLOSED FOR THE TAKING OF SHAD ON THE EDISTO RIVER FROM THE U.S. HIGHWAY 17 BRIDGE TO THE HEADWATERS OF THE EDISTO RIVER.
Senator PEELER asked unanimous consent to recommit the Joint Resolution to the Committee on Fish, Game and Forestry.
There was no objection.
H. 4969 -- Reps. Inabinett, 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, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, 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, 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, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 7, 1998) AS "LEGISLATIVE FAMILY DAY 1998" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND ASKING EACH MEMBER TO SHOW HIS OR HER APPRECIATION TO THEIR FAMILY MEMBERS AND FRIENDS ON THIS DAY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4987 -- Reps. Scott, 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, Riser, Robinson, Rodgers, Sandifer, 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, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING DR. GEORGE WASHINGTON CARVER FOR HIS MANY ACCOMPLISHMENTS AND DECLARING JANUARY 5TH AS "DR. GEORGE WASHINGTON CARVER DAY".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4988 -- Reps. J. Brown, A. Harris, Haskins, Wilder, Wilkins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. 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, Harrison, Harvin, 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, 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, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION DECLARING THE MONTH OF MAY AS STROKE MONTH IN SOUTH CAROLINA AND URGING ALL CITIZENS TO EDUCATE THEMSELVES REGARDING RISK FACTORS FOR STROKE AND HEART DISEASE AND THE SIGNS AND SYMPTOMS OF THESE DISEASES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5043 -- Reps. Quinn, Woodrum, Inabinett, Gamble, Rhoad, Barrett, Martin, Bailey, McGee, Sandifer, Stuart, Koon, Spearman, McKay, Rodgers, Riser and H. Brown: A CONCURRENT RESOLUTION DESIGNATING THE WEEK OF APRIL 27, 1998, AS "TRANSPORTATION WEEK" IN SOUTH CAROLINA FOR 1998 TO RECOGNIZE THE IMPORTANT ROLE TRANSPORTATION PLAYS IN OUR DAILY LIVES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4895 -- Reps. Carnell, McKay, Inabinett, Bailey, Wilder, Klauber, Keegan, Kelley, Bowers, Beck, Dantzler, R. Smith, Askins, J. Smith, Mason, Hawkins, H. Brown, Lanford, Townsend, Meacham, McAbee, McCraw, Sharpe, Woodrum, Witherspoon, Haskins, Stoddard, Battle, Davenport, Kirsh, Loftis, Quinn, G. Brown, Fleming and Edge: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO AMEND THE TAX LAWS OF THE UNITED STATES RELATING TO ONLY FIFTY PERCENT OF BUSINESS MEAL AND ENTERTAINMENT EXPENSES BEING ALLOWED AS A DEDUCTION, SO AS TO RESTORE AND PROVIDE FOR THE DEDUCTION OF ONE HUNDRED PERCENT OF BUSINESS MEAL AND ENTERTAINMENT EXPENSES.
The Concurrent Resolution was adopted, ordered returned to the House.
Having received a favorable report from the Horry County Delegation, the following appointment was confirmed in open session:
Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 26, 1994, to expire June 30, 1998:
City of Myrtle Beach:
Robert H. Reed, 715 Antigua Drive, Myrtle Beach, S.C. 29572
On motion of Senator COURTNEY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. John Benson Syphrit of Spartanburg, S.C.
Senator DRUMMOND moved that, when the Senate adjourns on Friday, May 1, 1998, it stand adjourned to meet next Tuesday, May 5, 1998, at 10:00 A.M., which motion was adopted.
At 12:43 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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