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, St. Paul wrote to the Colossians, Chapter 3 (v. 16):
"Let the word of the Lord dwell in you richly;
Teach and admonish one another in all wisdom; and with gratitude in your hearts..."
Let us pray.
Dear Lord, our God, may the radiant dream of what America, and South Carolina, ought to become be our beacon light in these days.
May we eat of the fruit of the Liberty Tree, find that it is good, be nourished by it, and give our lives in joyous service to our State and Country.
May the faith and heritage of our founding fathers live forever, and forever, through us and our children.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
On motion of Senator MATTHEWS, at 11:50 A.M., Senator WASHINGTON was granted a leave of absence for the balance of the day.
Senator JACKSON rose for an Expression of Personal Interest.
At 11:15 A.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:45 A.M.
There was no objection and a message was sent to the House accordingly.
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.
Senator HUTTO asked unanimous consent to make a motion to recall the Bill from the Committee on Agriculture and Natural Resources.
There was no objection.
Senator HUTTO asked unanimous consent to commit the Bill to the Committee on Judiciary.
There was no objection.
The Bill was committed to the Committee on Judiciary.
H. 4672 -- Reps. Edge, Kelley, Keegan, Mullen and Barfield: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SECTION 27-32-170, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION TIME SHARING PLAN, AND SECTION 27-32-250, AS AMENDED, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION MULTIPLE OWNERSHIP INTEREST, ALL SO AS TO EXEMPT FROM SALES TAX THE SALE OR RESALE OR THE EXCHANGE OF AN INTEREST IN A VACATION TIME SHARING PLAN AND A VACATION MULTIPLE OWNERSHIP INTEREST.
Senator ELLIOTT asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator ELLIOTT, with unanimous consent, the Bill was ordered placed on the Calendar.
H. 3069 -- Reps. Limehouse, Seithel, Bailey and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3500 SO AS TO ALLOW A NONREFUNDABLE CREDIT AGAINST A TAXPAYER'S STATE INCOME TAX LIABILITY FOR A PORTION OF THE TAXPAYER'S CASH INVESTMENT IN A QUALIFIED SOUTH CAROLINA FILM ENTERPRISE, TO PROVIDE DEFINITIONS, AND TO PROVIDE AN ADDITIONAL STATE CORPORATE INCOME TAX CREDIT FOR AMOUNTS INVESTED IN THE CONSTRUCTION OF A MOTION PICTURE PRODUCTION FACILITY IN THIS STATE.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar.
S. 969 -- Senator Holland: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING CHAPTER 30, SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" AND TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR; TO PROVIDE FOR THE RIGHTS OF THESE PERSONS IN THIS PROCESS; AND TO AUTHORIZE THE COMMITMENT OF THE PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION AND UNTIL THE PERSON IS SAFE TO BE AT LARGE.
Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The following were introduced:
S. 1246 -- Senator Fair: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE REPRESENTATIVE OF THE UNITED STATES TO THE UNITED NATIONS, AND THE CONGRESS TO OPPOSE THE BIOSPHERE RESERVES DESIGNATION OF THE MAN AND THE BIOSPHERE PROGRAM AND TO URGE THAT THE PROPOSED BIODIVERSITY TREATY NOT BE RATIFIED BY THE UNITED STATES.
Introduced and referred to the Committee on Agriculture and Natural Resources.
S. 1247 -- Senator Matthews: A CONCURRENT RESOLUTION TO DESIGNATE MAY AS NATIONAL COMMUNITY ACTION MONTH IN THIS STATE, RECOGNIZE THE OUTSTANDING CONTRIBUTIONS AND ACHIEVEMENTS MADE BY COMMUNITY ACTION AGENCIES IN SOUTH CAROLINA, AND EXPRESS APPRECIATION FOR THE VALUABLE BENEFITS PROVIDED TO CITIZENS OF THIS STATE.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1248 -- Senator Elliott: A BILL TO AMEND ACT 742 OF 1946, AS LAST AMENDED BY ACT 177 OF 1997, SO AS TO REVISE THE REQUIRED TOWNSHIPS FROM WHICH MEMBERS OF THE COMMISSION MUST BE APPOINTED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator ELLIOTT, S. 1248 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1249 -- Senator Setzler: A SENATE RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE SENATE OF THE STATE OF SOUTH CAROLINA TO THE GLENFOREST SCHOOL "BULLDOGS" BOYS' BASKETBALL TEAM OF LEXINGTON COUNTY ON CAPTURING THE 1997-1998 INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION CLASS A STATE BOYS' BASKETBALL CHAMPIONSHIP.
The Senate Resolution was adopted.
S. 1250 -- Senator Ryberg: A CONCURRENT RESOLUTION TO CONGRATULATE FORREST SHERWOOD MCKENZIE FOR A DISTINGUISHED CAREER AT PYA/MONARCH, INC. ON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1251 -- Senators Wilson, Setzler, Courson, Ryberg, Lander and Giese: A SENATE RESOLUTION HONORING THE MEMORY OF LEXINGTON COUNTY'S BELOVED HISTORIAN CLAYTON B. KLECKLEY AND EXTENDING THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO HIS FAMILY AND COUNTLESS FRIENDS.
The Senate Resolution was adopted.
H. 5168 -- Rep. D. Smith: A CONCURRENT RESOLUTION RECOGNIZING THE WORK AND ACCOMPLISHMENTS OF WILLIAM D. BILTON, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, AND CONGRATULATING HIM ON THE SUCCESSFUL COMPLETION OF HIS TERM AS PRESIDENT OF THE NATIONAL ASSOCIATION OF PROSECUTOR COORDINATORS AND FOR HIS SERVICE ON THE BOARD OF DIRECTORS OF THE NATIONAL ASSOCIATION OF DISTRICT ATTORNEYS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5172 -- Rep. McMahand: A CONCURRENT RESOLUTION COMMENDING DR. W. F. GIBSON OF GREENVILLE FOR HIS MANY YEARS OF OUTSTANDING SERVICE TO THE COMMUNITY AND THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator MOORE from the Committee on Medical Affairs polled out H. 3033 favorable with amendment:
H. 3033 -- Reps. Govan, Inabinett, J. Hines, Lloyd and Moody-Lawrence: A BILL TO AMEND TITLE 44, CHAPTER 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 3 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES, AND TO CREATE AN ADVISORY COUNCIL TO THE PROGRAM.
Moore J. Verne Smith Peeler Bryan Giese Thomas Hayes Cork Short Alexander Fair Hutto Anderson Leventis Grooms
Courson Jackson Branton
Ordered for consideration tomorrow.
Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:
H. 4985 -- Reps. Hamilton, Easterday, Leach, Loftis, Haskins, Tripp, Cato, Sharpe and Vaughn: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE REPRESENTATIVE OF THE UNITED STATES TO THE UNITED NATIONS, AND THE CONGRESS TO OPPOSE THE BIOSPHERE RESERVES DESIGNATION OF THE MAN AND THE BIOSPHERE PROGRAM AND TO URGE THAT THE PROPOSED BIODIVERSITY TREATY NOT BE RATIFIED BY THE UNITED STATES.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance polled out H. 5056 with no report:
H. 5056 -- Labor, Commerce and Industry Committee: A BILL TO AMEND CHAPTER 19, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC MUTUAL INSURERS, BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR THE REORGANIZATION OF A DOMESTIC OR FOREIGN MUTUAL INSURER AS A DOMESTIC MUTUAL INSURANCE HOLDING COMPANY SYSTEM.
Saleeby McConnell Courson Courtney Thomas Passailaigue Jackson Martin Rankin Reese Washington Ford
Leatherman Setzler Matthews Patterson Hayes Russell
Ordered for consideration tomorrow.
S. 993 -- Senators J. Verne Smith, Passailaigue, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, 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, Ryberg, Saleeby, Setzler, Short, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE THE COMMISSIONER OF BASEBALL TO REINSTATE "SHOELESS JOE" JACKSON AS A MEMBER IN GOOD STANDING IN PROFESSIONAL BASEBALL.
Returned with concurrence.
Received as information.
S. 1240 -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE THE COLUMBIA STAR NEWSPAPER AS AN EXEMPLARY FAMILY BUSINESS AND ITS OWNERS, DR. WARNER M. MONTGOMERY AND MIMI M. MADDOCK, AND TO CONGRATULATE THEM FOR THEIR ACHIEVEMENTS IN THE AREA OF COMMUNITY JOURNALISM.
Returned with concurrence.
Received as information.
Columbia, S.C., May 21, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4569 -- Reps. Cato and Gamble: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-58-67 SO AS TO REQUIRE ANNUAL CONTINUING PROFESSIONAL EDUCATION FOR LICENSED MORTGAGE LOAN BROKERS AND ORIGINATORS; TO AMEND SECTIONS 40-58-10, 40-58-20, 40-58-30, 40-58-50, 40-58-55, 40-58-60, 40-58-65, 40-58-80, AND 40-58-110, ALL AS AMENDED, RELATING TO REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO REQUIRE LICENSING RATHER THAN REGISTRATION OF MORTGAGE LOAN BROKERS, TO REQUIRE TWO YEARS' EXPERIENCE WORKING AS AN ORIGINATOR BEFORE INITIAL LICENSING AND TO PROVIDE EXCEPTIONS, TO DEFINE "ORIGINATOR"; TO ALLOW BROKERS PROPERLY REGISTERED BEFORE OCTOBER 1, 1998, TO CONTINUE TO ACT AS MORTGAGE LOAN BROKERS WITHOUT REGARD TO EXPERIENCE OR EDUCATION REQUIREMENTS ADDED BY THIS ACT, TO AUTHORIZE THE SUSPENSION OF A LICENSE FOR VIOLATIONS, AND TO INCREASE THE INITIAL APPLICATION FEE AND ANNUAL RENEWAL FEE FROM FIVE TO SIX HUNDRED DOLLARS AND IMPOSE A TWENTY-FIVE DOLLAR ADDITIONAL ANNUAL RENEWAL FEE FOR EACH ORIGINATOR.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 5012 -- Reps. Stille, Carnell and Townsend: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF NOVEMBER 25, 1997, MISSED BY THE STUDENTS OF LONG CANE ELEMENTARY SCHOOL OF THE ABBEVILLE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 3896 -- Rep. Kirsh: 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.
H. 4439 -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-14-410 SO AS TO REGULATE WHEN A CLAIMANT MAY COMMENCE A SUIT OR OTHER PROCEEDING AGAINST A FORMER SHAREHOLDER OF A DISSOLVED CORPORATION FOR CERTAIN CLAIMS AND TO REGULATE WHEN A CLAIMANT MAY SATISFY A JUDGMENT RENDERED AGAINST A DISSOLVED CORPORATION BY PROCEEDING AGAINST OR JOINING AN INDIVIDUAL SHAREHOLDER, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL APPLY RETROACTIVELY.
Senator MARTIN 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 Judiciary proposed the following amendment (JUD4439.001), which was adopted:
Amend the bill, as and if amended, page 1, line 28, in Section 33-14-410, as contained in SECTION 1, after the word /other/ by striking /provisions/ and inserting / provision /.
Amend the bill further, as and if amended, page 2, line 1, by striking SECTION 2 in its entirety and inserting therein the following:
/ SECTION 2. This act takes effect upon approval by the Governor, and applies to corporations dissolved before, on, or after the effective date of this section. /
Amend title to conform.
Senator MARTIN explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
Senator COURTNEY desired to be recorded as voting against the third reading of the Bill.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 1082 -- Senator Peeler: A BILL TO AMEND SECTION 50-3-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISION OF ENFORCEMENT OFFICERS, SO AS TO DELETE A PROVISION PERTAINING TO CONTRACTING WITH AND DISMISSAL OF ENFORCEMENT OFFICERS; AND TO AMEND SECTION 50-3-310, AS AMENDED, RELATING TO THE APPOINTMENT OF ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT AN ENFORCEMENT OFFICER MAY BE REMOVED BY THE DIRECTOR AT HIS DISCRETION.
The following Joint Resolutions, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
S. 1241 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BUILDING CODES COUNCIL, RELATING TO DEFINITIONS; REGISTRATION REQUIRED; CLASSIFICATIONS REQUIRING REGISTRATION; MAXIMUM TIME FOR REGISTRATION; APPLICATION REQUIRED; QUALIFICATIONS FOR CERTIFICATION; EXEMPTIONS; REGISTRATION RENEWAL; FEES; CONTINUING EDUCATION; POWERS OF COUNCIL; CONFLICT OF INTEREST; DENIAL, SUSPENSION, AND REVOCATION; PREFERRING OF CHARGES AND HEARING; APPEAL FROM ACTION OF COUNCIL; REGISTRATION REINSTATEMENT AND REPLACEMENT; PENALTIES; INJUNCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2282, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1242 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BUILDING CODES COUNCIL, RELATING TO PURPOSE; DEFINITIONS; POWERS, DUTIES, AND RESPONSIBILITIES OF COUNCIL; DUTIES AND RESPONSIBILITIES OF DEPARTMENT; COUNCIL OFFICERS; COUNCIL MEETINGS; BUILDING CODES; ENERGY STANDARDS; INJUNCTIVE RELIEF; PENALTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2283, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1243 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, MASSAGE/BODYWORK THERAPY, RELATING TO SCHOOLS, RECIPROCITY; LICENSES, SEXUAL ACTIVITY PROHIBITED; CONTINUING EDUCATION; CHANGE OF ADDRESS OR NAME; COMMUNICABLE DISEASE CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2284, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1244 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO RE-EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2274, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1184 -- Senator Ravenel: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO THE ISSUANCE OF A CORPORATE CERTIFICATE TO AN AREA SEEKING INCORPORATION OF A MUNICIPALITY, SO AS TO DELETE REFERENCES TO FREEHOLDERS; AND TO AMEND SECTION 5-1-50, RELATING TO THE PETITION REQUIRED TO BE SUBMITTED TO THE SECRETARY OF STATE BY THOSE PERSONS DESIRING TO INCORPORATE A MUNICIPALITY, SO AS TO DELETE REFERENCES TO FREEHOLDERS.
Senator RAVENEL asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator RAVENEL explained the Bill.
The Committee on Judiciary proposed the following amendment (JUD1184.001), which was adopted:
Amend the bill, as and if amended, page 1, line 16, in the title of the bill, by striking /5-1-50/ and inserting /5-1-40/.
Amend title to conform.
Senator COURTNEY explained the committee amendment.
The amendment was adopted.
Senator McCONNELL proposed the following amendment (JUD1184.002), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 25, by striking SECTION 1 in its entirety and inserting therein the following:
/SECTION 1. Section 5-1-30 of the 1976 Code is amended to read:
"Section 5-1-30. Before issuing a corporate certificate to a proposed municipality, the Secretary of State shall first determine:
(1) that the area seeking to be incorporated has a population density of at least three hundred persons a square mile according to the latest official United States Census;
(2) that no part of the area is within five miles of the boundary of an active incorporated municipality; and
(3) that an approved service feasibility study for the proposed municipality has been filed with and approved by the Secretary of State; and
(4) that the area proposed to be incorporated is contiguous. Contiguity is not destroyed by an intervening navigable waterway or saltwater marshland, whether or not the navigable waterway or saltwater marshland has been previously incorporated or annexed by another municipality. The incorporation or annexation of a navigable waterway or saltwater marshland does not preclude the navigable waterway or saltwater marshland from subsequently being used by another municipality to establish contiguity for purposes of an incorporation or annexation provided that the distance from highland to highland of the area being incorporated or annexed is not greater than one-half mile.
When an area seeking incorporation has petitioned pursuant to Chapter 17 the nearest incorporated municipality to be annexed to the municipality, and has been refused annexation by the municipality for six months, or when the population of the area seeking incorporation exceeds fifteen thousand persons, then the provision of the five-mile limitation of this section does not apply to the area.
The five-mile limit does not apply when the boundaries of the area seeking incorporation are within five miles of the boundaries of two different incorporated municipalities in two separate counties other than the county within which the area seeking incorporation lies, and when the boundaries of the proposed municipality are more than five miles from the boundaries of the nearest incorporated municipality that lies within the same county within which the proposed municipality lies, and when the land area of the territory seeking incorporation exceeds one-fourth of the land area of the nearest incorporated municipality.
The population requirements do not apply to areas bordering on and being within two miles of the Atlantic Ocean and to all sea islands bounded on at least one side by the Atlantic Ocean, both of which have a minimum of one hundred fifty dwelling units and at least an average of one dwelling unit for each three acres of land within the area and for which petitions for incorporation contain the signatures of at least fifteen percent of the freeholders and fifty of the electors of the respective areas seeking incorporation. The freeholders and electors need not be all different persons.
This section does not apply to those areas which have petitioned to the Secretary of State before June 25, 1975, or which may be under adjudication in the courts of this State. The five-mile limit does not apply to counties with a population according to the latest official United States Census of less than fifty-one thousand."/
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bill and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
S. 1139 -- Senator Wilson: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO CORRECT TECHNICAL ERRORS IN THE DESCRIPTION OF ITS BOUNDARIES, PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1998, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, AND AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.
On motion of Senator WILSON, S. 1139 was ordered to receive a third reading on Friday, May 22, 1998.
H. 5150 -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MAY 8, 1998, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF EDGEFIELD COUNTY WHEN THE SCHOOLS OF THE DISTRICT WERE CLOSED DUE TO SEVERE STORMS AND TORNADOES OCCURRING THE NIGHT OF MAY 7, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Senator MOORE, H. 5150 was ordered to receive a third reading on Friday, May 22, 1998.
S. 1245 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, MANUFACTURED HOUSING BOARD, RELATING TO MANUFACTURED HOUSING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2277, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator McCONNELL explained the Joint Resolution.
H. 3889 -- Reps. Kelley, Whatley, Knotts, Neilson, Simrill, Keegan, Edge, Clyburn, Robinson, Rodgers, J. Hines, Barrett, Witherspoon, Miller, Maddox, Byrd, Battle and McKay: A BILL TO AMEND TITLE 38, CHAPTER 71, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCIDENT AND HEALTH INSURANCE, BY ADDING ARTICLE 15 TO ENACT THE "EMERGENCY SERVICES ACT" SO AS TO PROVIDE THAT PROSPECTIVE AUTHORIZATION FOR TREATMENT IN AN EMERGENCY MEDICAL FACILITY IS NOT REQUIRED IF IN THE OPINION OF THE ATTENDING PHYSICIAN TREATMENT IS NEEDED TO STABILIZE THE CONDITION.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator SALEEBY proposed the following amendment (3889I001.EES), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/SECTION 1. Title 38, Chapter 71 of the 1976 Code is amended by adding:
Section 38-71-1510. This article may be cited as the 'Access to Emergency Medical Care Act'.
Section 38-71-1520. As used in this article:
(1) 'Emergency medical care' means those health care services provided in a hospital emergency facility to evaluate and treat an emergency medical condition.
(2) 'Emergency medical condition' means a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that a prudent layperson who possesses an average knowledge of health and medicine could reasonably expect the absence of immediate medical attention to result in:
(a) placing the health of the individual, or with respect to a pregnant woman, the health of the woman or her unborn child, in serious jeopardy;
(b) serious impairment to bodily functions; or
(c) serious dysfunction of any bodily organ or part.
(3) 'Emergency medical provider' means hospitals licensed by the South Carolina Department of Health and Environmental Control, hospital-based services, and physicians licensed by the State Board of Medical Examiners who provide emergency medical care.
(4) 'Managed care organization' means a licensed insurance company, a hospital or medical services plan contract, a health maintenance organization, or any other entity which is subject to regulation by the department and which operates a managed care plan.
(5) 'Managed care plan' means a plan operated by a managed care organization which provides for the financing and delivery of health care and treatment services to individuals enrolled in the plan through its own employed health care providers or contracting with selected specific providers that conform to explicit selection standards, or both. A managed care plan also customarily has a formal organizational structure for continual quality assurance, a certified utilization review program, dispute resolution, and financial incentives for individual enrollees to use the plan's participating providers and procedures.
Section 38-71-1530. (A) A patient who presents to an emergency department must, by the Federal Social Security Act, be screened to determine whether an emergency medical condition exists. This evaluation may include, but is not limited to, diagnostic testing to assess the extent of the condition, sickness, or injury and radiographic procedures and interpretation.
(B) Appropriate intervention must be initiated by medical personnel to stabilize any emergency medical condition before requesting authorization for the treatment by a managed care organization.
(C) A managed care organization shall inform its insureds, enrollees, patients, and affiliated providers about all policies related to emergency medical care access, coverage, payment, and grievance procedures. It is the ultimate responsibility of the managed care organization to inform any contracted third party administrator, independent contractor, or primary care provider about the emergency medical care provisions contained in this subsection.
(D) A managed care organization which includes emergency medical care services as part of its policy or contract shall provide coverage and shall subsequently pay providers for emergency medical care services provided to an insured, enrollee, or patient who presents an emergency medical condition. This subsection must not be construed to require coverage for illnesses, diseases, equipment, supplies, or procedures or treatments which are not otherwise covered under the terms of the insured's policy or contract.
(E) A managed care organization may not retrospectively deny or reduce payments to providers for emergency medical care of an insured, enrollee, or patient even if it is determined that the emergency medical condition initially presented is later identified through screening not to be an actual emergency, except in these cases:
(1) material misrepresentation, fraud, omission, or clerical error;
(2) a payment reduction due to applicable co-payments, co-insurance, or deductibles which may be the responsibility of the insured;
(3) cases in which the insured does not meet the emergency medical condition definition, unless the insured has been referred to the emergency department by the insured's primary care physician or other agent acting on behalf of the insurer.
Section 38-71-1540. No managed care organization may engage in any practice to prohibit or discourage the appropriate use of the 911 emergency telephone system which may adversely impact the health of its enrollees.
Section 38-71-1550. If any provision of this article or the application of any provision to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 4453 -- Reps. Littlejohn, Seithel, J. Smith, Hinson, Meacham, Gourdine, Byrd, Moody-Lawrence, Walker, Kirsh, Mason, Allison and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-15 SO AS TO PROVIDE THAT ANY PERSON WHO BAITS, ASSISTS WITH BAITING, OR CAUSES TO HAVE BAITED A DOVE FIELD OVER WHICH ONE OR MORE PERSONS ARE CHARGED WITH ILLEGALLY SHOOTING DOVES OVER BAIT IS GUILTY OF A MISDEMEANOR AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator HUTTO proposed the following amendment (JUD4453.001), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-15, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO BAIT, ASSIST IN BAITING, OR CAUSE TO BE BAITED AN AREA OVER WHICH MIGRATORY BIRDS ARE BEING HUNTED, TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS PROVISION, AND TO PROVIDE EXCEPTIONS.
Be in enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 50-11-15. (A) It is unlawful to bait, assist in baiting, or cause to be baited an area over which migratory birds are being hunted in instances where the persons engaged in the hunting have a lawful right to hunt. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
(B) A property owner shall not be prosecuted for a violation of subsection (A) where the person who is engaged in hunting is trespassing or hunting the baited area without the permission of the owner."
SECTION 2. This act takes effect upon approval by the Governor./
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 4500 -- Rep. Boan: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 18 SO AS TO CODIFY A PREVIOUSLY UNCODIFIED ACT ESTABLISHING THE WILLIAMSBURG TECHNICAL, VOCATIONAL AND ADULT EDUCATION CENTER COMMISSION AND IN THE CODIFIED ACT RENAMING THE GOVERNING BOARD AS THE WILLIAMSBURG TECHNICAL COLLEGE COMMISSION AND PROVIDING THAT THE MEMBERS OF THE FORMER COMMISSION BOARD ARE DEEMED TO HAVE BEEN APPOINTED TO THE GOVERNING BOARD OF THE NEWLY CONSTITUTED COMMISSION; TO AMEND SECTIONS 59-53-210, 59-53-240, 59-53-410, 59-53-710, 59-53-910, AND 59-53-1410, ALL RELATING TO THE ESTABLISHMENT OF THE GOVERNING BODIES OF VARIOUS OF THE STATE'S TECHNICAL COLLEGES, SO AS TO CHANGE THE NAMES OF THE GOVERNING BODIES TO REFLECT THE REVISED NAMES OF THE INSTITUTIONS ADMINISTERED BY THESE BOARDS AND TO DELETE OBSOLETE PROVISIONS AND MAKE GRAMMATICAL CHANGES, AND TO REPEAL ACT 58 OF 1969, RELATING TO THE ESTABLISHMENT OF THE WILLIAMSBURG TECHNICAL, VOCATIONAL AND ADULT EDUCATION CENTER COMMISSION.
Senator MESCHER 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 Education proposed the following amendment (GJK\21557SD.98), which was adopted:
Amend the bill, as and if amended, by striking Section 59-53-410 of the 1976 Code, as contained in SECTION 3, and inserting:
/"Section 59-53-410. In order that there may be a local agency of the sort contemplated by the former provisions which created the Advisory Committee for Technical Training, to participate in and receive the benefits of the program contemplated thereby for the counties of Berkeley, Charleston and Dorchester,. There is hereby created the Area Commission for the Berkeley-Charleston-Dorchester Trident Technical Education Center College (the area commission). The area commission shall have has the functions and duties hereafter set forth in this article. The area commission shall be is comprised of nine members-,three of whom shall must be qualified electors of Berkeley, Charleston, and Dorchester counties, respectively. The members from each Berkeley County and Charleston County shall must be appointed by the Governor upon the recommendation of a majority of the Berkeley County Legislative Delegation and the Charleston County Legislative delegations Delegation respectively of the respective counties. Of the initial appointees one member from each county shall have a term of one year, one from each county shall have a term of two years, and one from each county shall have a term of three years. Upon the expiration of the initial terms, successors shall be appointed in the manner hereinabove provided The members from Dorchester County must be appointed by the Governor upon the recommendation of the governing body of Dorchester County. Members of the commission must be appointed for terms of three years and until their successors are appointed and qualify. All members shall hold office until their successors shall have been appointed and shall have qualified. In the event of a vacancy, a successor shall be appointed in the manner of original appointments for the remainder of the term for which the vacancy shall be filled. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. The area commission shall meet as soon after appointment as practicable and shall organize by electing a chairman and such other officers as it deems considers necessary. The area commission shall thenceforth meet upon the call of the chairman or a majority of its members. It shall make periodic reports of its activities and progress to the legislative delegation from the counties of Berkeley, Charleston, and Dorchester.
In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.
In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996."/
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senator MESCHER proposed the following amendment (GJK\21562SD.98), which was adopted:
Amend the bill, as and if amended, by striking Section 59-53-410 of the 1976 Code, as contained in SECTION 3, and inserting:
/"Section 59-53-410. In order that there may be a local agency of the sort contemplated by the former provisions which created the Advisory Committee for Technical Training, to participate in and receive the benefits of the program contemplated thereby for the counties of Berkeley, Charleston and Dorchester,. There is hereby created the Area Commission for the Berkeley-Charleston-Dorchester Trident Technical Education Center College (the area commission). The area commission shall have has the functions and duties hereafter set forth in this article. The area commission shall be is comprised of nine members-,three of whom shall must be qualified electors of Berkeley, Charleston, and Dorchester Counties, respectively. The members from each Charleston County shall must be appointed by the Governor upon the recommendation of a majority of the Charleston County Legislative delegations Delegation of the respective counties. The members from Berkeley Senator and a majority of the members of the House of Representatives representing Berkeley County. Of the initial appointees one member from each county shall have a term of one year, one from each county shall have a term of two years, and one from each county shall have a term of three years. Upon the expiration of the initial terms, successors shall be appointed in the manner hereinabove provided The members from Dorchester County must be appointed by the Governor upon the recommendation of the governing body of Dorchester County. Members of the commission must be appointed for terms of three years and until their successors are appointed and qualify. All members shall hold office until their successors shall have been appointed and shall have qualified. In the event of a vacancy, a successor shall be appointed in the manner of original appointments for the remainder of the term for which the vacancy shall be filled. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. The area commission shall meet as soon after appointment as practicable and shall organize by electing a chairman and such other officers as it deems considers necessary. The area commission shall thenceforth meet upon the call of the chairman or a majority of its members. It shall make periodic reports of its activities and progress to the legislative delegation from the counties of Berkeley, Charleston, and Dorchester.
In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.
In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996."/
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 807 -- Senator Fair: A BILL TO AMEND SECTION 23-3-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELEASE OF INFORMATION TO THE PUBLIC CONCERNING THE NAMES OF PERSONS REQUIRED TO REGISTER WITH THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FURTHER CIRCUMSTANCES UNDER WHICH THE NAME OF AN OFFENDER MAY BE RELEASED TO A PERSON WHO HAS REASON TO BELIEVE THAT AN OFFENDER IS LIVING WITHIN A ONE-MILE RADIUS OF HIS RESIDENCE.
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 (JUD0807.003), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Article 7, Chapter 3 of Title 23 of the 1976 Code, as last amended by Act 444 of 1996, is further amended to read:
Section 23-3-400. The intent of this article is to promote the state's fundamental right to provide for the public health, welfare, and safety of its citizens. Notwithstanding this legitimate state purpose, these provisions are not intended to violate the guaranteed constitutional rights of those who have violated our nation's laws.
The sex offender registry will provide law enforcement with the tools needed in investigating criminal offenses. Statistics show that sex offenders often pose a high risk of re-offending. Additionally, law enforcement's efforts to protect communities, conduct investigations, and apprehend offenders who commit sex offenses, are impaired by the lack of information about these convicted offenders who live within the law enforcement agency's jurisdiction.
Section 23-3-410. The registry is under the direction of the chief of the State Law Enforcement Division (SLED) and shall contain information the chief considers necessary to assist law enforcement in the location of persons convicted of certain offenses. SLED shall develop and operate the registry to collect, analyze, and maintain information, ; to make information available to every enforcement agency in this State and in other states,, and to establish a security system to ensure that only authorized persons may gain access to information gathered under this article.
Section 23-3-420. The State Law Enforcement Division shall promulgate regulations to implement the provisions of this article.
Section 23-3-430. (A) Any person, regardless of age, residing in the State of South Carolina who in this State has been convicted of, adjudicated delinquent for, pled guilty or nolo contendere to in this State of an offense described below, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in any comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts of a similar offense, or who has been convicted of, adjudicated delinquent of for, pled guilty or nolo contendere to an offense for which the person was required to register in the state where the conviction or plea occurred shall be required to register pursuant to the provisions of this article.
(B) For purposes of this article, a person who remains in this State for a total of thirty days during a twelve-month period is a resident of this State.
(C) For purposes of this article, a person who has been convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses shall be referred to as an offender:
(1) criminal sexual conduct in the first degree (Section 16-3-652);
(2) criminal sexual conduct in the second degree (Section 16-3-653);
(3) criminal sexual conduct in the third degree (Section 16-3-654);
(4) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(5) criminal sexual conduct with minors, second degree (Section 16-3-655(2) and (3). If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3), or consensual sexual conduct between persons under the age of sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
(6) engaging a child for sexual performance (Section 16-3-810);
(7) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(8) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(9) incest (Section 16-15-20);
(10) buggery (Section 16-15-120);
(11) committing or attempting lewd act upon child under fourteen sixteen (Section 16-15-140);
(12) eavesdropping or peeping (Section 16-17-470);
(13) violations of Article 3, Chapter 15 of Title 16 involving a minor which violations are felonies;
(14) A person, regardless of age, who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in this State, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in a comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts of indecent exposure or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court makes a specific finding on the record that based on the circumstances of the case the convicted person should register as a sex offender.
(15) kidnapping (Section 16-3-910) except when the court makes a finding on the record that the offense did not include a criminal sexual offense.
(D) Upon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere of a person of an offense not listed in this article, the presiding judge may order as a condition of sentencing that the person be included in the sex offender registry if good cause is shown by the solicitor.
(E) SLED shall remove a person's name and any other information concerning that person from the sex offender registry immediately upon notification by the Attorney General that the person's adjudication, conviction, guilty plea, or plea of nolo contendere for an offense listed in Section 23-3-430(C) was reversed, overturned, or vacated on appeal and a final judgement has been rendered.
Section 23-3-440. (1) Prior to an offender's release from the Department of Corrections after completion of the term of imprisonment, or being placed on parole, the Department of Corrections or the Department of Probation, Parole, and Pardon Services, as applicable, shall notify the sheriff of the county where the offender intends to reside and SLED that the offender is being released and has provided an address within the jurisdiction of the sheriff for that county. The Department of Corrections shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside within twenty-four hours of his release. Further, the Department of Corrections shall obtain descriptive information of the offender, including a current photograph prior to release.
(2) The Department of Probation, Parole, and Pardon Services shall notify SLED and the sheriff of the county where an offender is residing when the offender is sentenced to probation or is a new resident of the State who must be supervised by the department. The Department of Probation, Parole, and Pardon Services also shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside. An offender who is sentenced to probation must register within ten days of sentencing. Further, the Department of Probation, Parole, and Pardon Services shall obtain descriptive information of the offender, including a current photograph that is to be updated annually prior to expiration of the probation sentence.
(3) The Department of Juvenile Justice shall notify SLED and the sheriff of the county where an offender is residing when the offender is released from a Department of Juvenile Justice facility or when the Department of Juvenile Justice is required to supervise the actions of the juvenile. The Department of Juvenile Justice must provide verbal and written notification to the juvenile and his parent, legal guardian, or custodian that the juvenile must register with the sheriff of the county in which the juvenile resides. The juvenile must register within twenty-four hours of his release or within ten days if he was not confined to a Department of Juvenile Justice's facility. The parents or legal guardian of a person under seventeen years of age who is required to register under this chapter must ensure that the person has registered.
(4) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender prior to his release from imprisonment or relief of supervision. This information shall be collected in the event the offender fails to register with his county sheriff.
Section 23-3-450. The offender shall register with the sheriff of the county in which he resides. To register, the offender must provide information as prescribed by SLED. The county sheriff shall then forward to SLED the registry information and any updated information regarding the offender. The sheriff in the county in which the offender resides shall forward all required registration information to SLED within five business days. A copy of this information must be kept by the sheriff's department. The county sheriff shall ensure that all information required by SLED is secured and shall establish specific times of the day during which an offender may register. An offender shall not be considered to have registered until all information prescribed by SLED has been obtained provided to the sheriff.
Section 23-3-460. Any person required to register under this article shall be required to register annually for a period of life. The offender shall register at the sheriff's department in the county where he resides. A person determined by a court to be a sexually violent predator pursuant to state law is required to verify registration and be photographed every ninety days by the sheriff's department in the county in which he resides unless the person is committed to the custody of the State, whereby verification shall be held in abeyance until his release.
If any person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence.
If any person required to register under this article changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written notice within ten days of the change of address in the previous county to the county sheriff with whom the person last registered.
If any person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.
Any person required to register under this article who moves to South Carolina from another state and is not under the jurisdiction of the Department of Corrections, the Department of Probation, Parole, and Pardon Services, or the Department of Juvenile Justice at the time of moving to South Carolina, must register within sixty ten days of establishing residence in this State.
The sheriff of the county in which the person resides must forward all changes to any information provided by a person required to register under this article to SLED within five business days.
The South Carolina Department of Public Safety, Division of Motor Vehicles, shall inform, in writing, any new resident who applies for a driver's license, a chauffeur's license, vehicle tag, or a state identification card of the obligation of those sex offenders to register. The department also shall inform, in writing, a person renewing a driver's license, chauffeur's license, vehicle tag, or state identification card of the requirement for sex offenders to register.
Section 23-3-470. (A) It is the duty of the offender to contact the sheriff in order to register. If an offender fails to register as required by this article, he must be punished as provided in subsection (B).
(B)(1) A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.
(2) A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted.
Section 23-3-475. (A) Anyone who knowingly and wilfully gives false information when registering as an offender pursuant to this article must be punished as provided in subsection (B).
(B)(1) A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.
(2) A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted.
Section 23-3-480. (A) An arrest on charges of failure to register, service of an information or complaint for failure to register, or arraignment on charges of failure to register, constitutes actual notice of the duty to register. A person charged with the crime of failure to register who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice through arrest, service, or arraignment. Failure to register after notice as required by this article constitutes grounds for filing another charge of failure to register. Registering following arrest, service, or arraignment on charges does not relieve the offender from the criminal penalty for failure to register before the filing of the original charge.
(B) Section 23-3-470 shall not apply to a person convicted of an offense provided in Section 23-3-420 23-3-430 prior to July 1, 1994, and who was released from custody prior to July 1, 1994, unless the person has been served notice of the duty to register by the sheriff of the county in which the person resides. This person shall register within ten days of the notification of the duty to register.
Section 23-3-490. (A) Information collected for the offender registry is open to public inspection, upon request to the county sheriff. A sheriff must release information regarding a specific person who is or persons required to register under this article to a member of the public if the request is made in writing, on a form prescribed by SLED, stating the name of the person requesting the information, and the name or address of the person or persons about whom the information is sought. The information must be disclosed only to the person making the request. The sheriff must provide the person making the request with the full name names of the requested registered sex offender offenders, any aliases, any other identifying physical characteristics, the each offender's date of birth, a current the home address on file, the offense for which the offender was required to register pursuant to Section 23-3-430, and the date, city, and state of conviction. A photocopy of a current photograph must also be provided. The provisions of this article do not authorize SLED to release information to the public unless a request is made in writing stating the name of the person making the request and the name of the person about whom information is sought. SLED is only authorized to release to the public the name of the county in which the offender is registered. Otherwise, SLED is not authorized to release any information contained in the registry to anyone other than law enforcement agencies, investigative agencies, and those agencies authorized by the court.
(B) A person may request on a form prescribed by SLED a list of registered sex offenders residing in a city, county, or zip code zone or a list of all registered sex offenders within the State from SLED. A person may request information regarding a specific person who is required to register under this article from SLED if the person requesting the information provides the name or address of the person about whom the information is sought. SLED shall provide the person making the request with the full names of the requested registered sex offenders, any aliases, any other identifying physical characteristics, each offender's date of birth, the home address on file, the offense for which the offender was required to register pursuant to Section 23-3-430, and the date, city, and state of conviction. The State Law Enforcement Division may charge a reasonable fee to cover the cost of copying and distributing sex offender registry lists as provided for in this section. These funds must be used for the sole purpose of offsetting the cost of providing sex offender registry lists.
(B)(C) Nothing in subsection (A) prohibits a sheriff from disseminating information contained in that subsection regarding a specific person who is required to register under this article if the sheriff or another law enforcement officer is presented with facts giving rise to a reasonable suspicion of criminal activity and has reason to believe the release of this information will deter the criminal activity.
(C)(D) For purposes of this article, information on a juvenile person adjudicated delinquent in family court for an offense listed in Section 23-3-430 must not be made available to the public in accordance with the following provisions:
(1) If a person has been adjudicated delinquent for committing any of the following offenses, information must be made available to the public pursuant to subsections (A) and (B):
(a) criminal sexual conduct in the first degree (Section 16-3-652);
(b) criminal sexual conduct in the second degree (Section 16-3-653);
(c) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(d) criminal sexual conduct with minors, second degree (Section 16-3-655(2) and (3));
(e) engaging a child for sexual performance (Section 16-3-810);
(f) producing, directing, or promoting sexual performance by a child (Section 16-3-820); or
(g) kidnapping (Section 16-3-910).
(2) Information shall only be made available, upon request, to victims of or witnesses to the offense, public or private schools, child day care centers, family day care centers, businesses or organizations that primarily serve children, women, or vulnerable adults, as defined in Section 43-35-10(11), for persons adjudicated delinquent for committing any of the following offenses:
(a) criminal sexual conduct in the third degree (Section 16-3-654);
(b) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(c) criminal sexual conduct with a minor: assaults with intent to commit (Section 16-3-656);
(d) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
(e) peeping (Section 16-17-470);
(f) incest (Section 16-15-20);
(g) buggery (Section 16-15-120);
(h) violations of Article 3, Chapter 15 of Title 16 involving a minor, which violations are felonies; or
(i) indecent exposure.
(3) A person who is under twelve years of age at the time of his adjudication, conviction, guilty plea, or plea of nolo contendere for a first offense of any offense listed in Section 23-3-430(C) shall be required to register pursuant to the provisions of this chapter; however, the person's name or any other information collected for the offender registry shall not be made available to the public.
(4) A person who is under twelve years of age at the time of his adjudication, conviction, guilty plea, or plea of nolo contendere for a second offense of any offense listed in Section 23-3-430(C) shall be required to register pursuant to the provisions of this chapter, and all registry information concerning that person shall be made available to the public pursuant to items (1) and (2).
(5) Nothing in this section shall prohibit the dissemination of all registry information to law enforcement.
(E) For purposes of this section, use of computerized or electronic transmission of data or other electronic or similar means is permitted.
Section 23-3-500. A court must order that a child under twelve years of age who is convicted of, pleads guilty or nolo contendere to, or is adjudicated for an offense listed in Section 23-3-430(C) be given appropriate psychiatric or psychological treatment to address the circumstances of the offense for which the child was convicted, pled guilty or nolo contendere, or adjudicated.
Section 23-3-510. A person who commits a criminal offense using information from the sex offender registry disclosed to him pursuant to Section 23-3-490, upon conviction, must be punished as follows:
(1) For a misdemeanor offense, the maximum fine prescribed by law for the offense may be increased by not more than one thousand dollars, and the maximum term of imprisonment prescribed by law for the offense may be increased by not more than six months.
(2) For a felony offense, the maximum term of imprisonment prescribed by law for the offense may be increased by not more than five years.
Section 23-3-520. (A) An appointed or elected public official, public employee, or public agency is immune from civil liability for damages for any act or omission under this article unless the official's, employee's, or agency's conduct constitutes gross negligence.
(B) Nothing in this chapter imposes an affirmative duty on a person to disclose to a member of the public information from the sex offender registry other than on those persons responsible for providing registry information pursuant to their official duties as provided for in this chapter.
(C) Nothing in this section may be construed to mean that information regarding persons on the sex offender registry is confidential except as otherwise provided by law."
SECTION 2. Section 20-7-7805(A)(6), as added by Act 383 of 1996, is amended to read:
(6) dismiss the petition or otherwise terminate its jurisdiction at any time, on the motion of either party or on its own motion. require that a child under twelve years of age who is adjudicated delinquent for an offense listed in Section 23-3-430(C) be given appropriate psychiatric or psychological treatment to address the circumstances of the offense for which the child was adjudicated; and
(7) dismiss the petition or otherwise terminate its jurisdiction at any time on the motion of either party or on its own motion."
SECTION 3. Section 20-7-8510 of the 1976 Code, as added by Act 383 of 1996, is amended by adding an appropriately numbered subsection to read:
"( ) The provisions of this section do not prohibit the distribution of information pursuant to the provisions of Article 7, Chapter 3 of Title 23."
SECTION 4. If any section, paragraph, provision, or portion of this act is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this act. The General Assembly hereby declares that the provisions of this act are severable from each other.
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 306 -- Senators Hayes, Alexander, Courson, Drummond, Fair, Giese, Gregory, Jackson, Lander, Leatherman, Martin, McGill, Mescher, O'Dell, Passailaigue, Peeler, Rose, Russell, Ryberg, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-287 BY ENACTING THE OMNIBUS HIGHWAY SAFETY ACT SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS AN ALCOHOL CONCENTRATION OF OR IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO PROVIDE TESTING IN INCIDENTS IN WHICH A LAW ENFORCEMENT OFFICER HAS PROBABLE CAUSE TO BELIEVE A DRIVER HAS CONSUMED ALCOHOLIC BEVERAGES OR A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC ONE-YEAR SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY; BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE FOR AN ADMINISTRATIVE DRIVER'S LICENSE AND PERMIT REVOCATION PROCEDURE FOR A PERSON ARRESTED WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE; BY AMENDING SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO DEFINE "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO DELETE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-5-2930, RELATING TO THE UNLAWFUL USE OF NARCOTICS, LIQUOR, DRUGS, OR SIMILAR SUBSTANCES BY A MOTOR VEHICLE DRIVER, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A PERSON MAY NOT OPERATE A MOTOR VEHICLE; AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS ON A MOTOR VEHICLE OPERATOR, SO AS TO REVISE THE PROCEDURE FOR UTILIZING THE TEST RESULTS, TO DELETE THE DRIVER'S LICENSE AND PERMIT SUSPENSION PROCEDURE, TO REVISE THE DRIVER'S LICENSE SUSPENSION PERIOD FOR A PERSON WHO REFUSES TO TAKE THE TESTS, AND TO MAKE TECHNICAL CHANGES.
Senator HUTTO asked unanimous consent to recommit the Bill to the Committee on Judiciary.
There was no objection.
The Bill was recommitted to the Committee on Judiciary.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 941 -- Senators Courson, Wilson, Leatherman, Ryberg, Giese, Peeler, Russell, Thomas, Fair and Grooms: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION BY ADDING SECTION 1A AND AMENDING EXISTING SECTION 6 OF THE ARTICLE SO AS TO REQUIRE PROPERTY CLASSIFIED AS "ALL OTHER PERSONAL PROPERTY" TO BE THE SUBJECT OF A SEPARATE MILLAGE LEVY WHICH MAY NOT EXCEED THE 1998 PROPERTY TAX YEAR LEVY ON SUCH PROPERTY INCLUDING MILLAGE LEVIED FOR BONDED INDEBTEDNESS AND TO MAKE A CONFORMING AMENDMENT.
The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.
Senator PASSAILAIGUE was recognized.
With Senator PASSAILAIGUE retaining the floor, Senator DRUMMOND, with unanimous consent, addressed brief remarks to the Senate.
H. 3985 -- Reps. Seithel, Allison, Spearman, Meacham, Altman, Mason, Fleming, Campsen, Lee, Rodgers, Neilson, Cobb-Hunter, Byrd, Cato, Hinson, Simrill, Loftis, Mullen, Miller, Moody-Lawrence, Limehouse, Gamble and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE OMNIBUS HEALTH BENEFITS AND EDUCATION ACT OF 1997 BY ADDING SECTION 38-33-325 SO AS TO REQUIRE HEALTH BENEFIT PLANS TO ALLOW FEMALE PARTICIPANTS DIRECT ACCESS, WITHOUT REFERRAL, TO OBSTETRICAL AND GYNECOLOGICAL HEALTH CARE SERVICES WITHIN THE PLAN BENEFITS AND TO REQUIRE THE PLAN TO INFORM FEMALE PARTICIPANTS IN WRITING OF THIS REQUIREMENT; BY ADDING SECTION 38-71-125 SO AS TO REQUIRE THAT INDIVIDUAL AND GROUP HEALTH INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS PROVIDING FOR HOSPITALIZATION FOR MASTECTOMIES TO PROVIDE HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS IF CONSIDERED MEDICALLY NECESSARY BY THE ATTENDING PHYSICIAN AND PROVIDE FOR RELATED MATTERS; BY ADDING SECTION 38-71-145 SO AS TO REQUIRE AN INSURER TO INCLUDE COVERAGE FOR MAMMOGRAMS, PAP SMEARS, PROSTATE CANCER EXAMINATIONS, SCREENING, AND DIAGNOSTIC LABORATORY WORK; BY ADDING SECTION 38-71-225 SO AS TO REQUIRE INDIVIDUAL OR GROUP ACCIDENT AND HEALTH OR HEALTH INSURANCE POLICIES TO INCLUDE COVERAGE FOR BONE MASS MEASUREMENT FOR THE PREVENTION, DIAGNOSIS, AND TREATMENT OF OSTEOPOROSIS; BY ADDING SECTION 44-1-280 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP AND IMPLEMENT A HEART DISEASE EDUCATION AND PREVENTION PROGRAM; AND BY ADDING CHAPTER 125 TO TITLE 44 SO AS TO ESTABLISH THE OSTEOPOROSIS EDUCATION FUND TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR THE PURPOSE OF THE FUND AND THE DEPARTMENT'S RESPONSIBILITIES IN CARRYING OUT THE PURPOSE OF THE FUND.
With Senator PASSAILAIGUE retaining the floor, on behalf of the Chairmen's Committee, Senator DRUMMOND asked unanimous consent to make a motion to make H. 3985 a Special Order.
Senator SHORT spoke on the motion.
Senator FAIR objected.
On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted on S. 941, with Senator PASSAILAIGUE retaining the floor.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 21, 1998, at 11:45 A.M. and the following Acts and Joint Resolutions were ratified:
(R340) S. 12 -- Senators McConnell, Rose, Ravenel, Passailaigue, Mescher, Washington and Ford: AN ACT TO CHANGE THE METHOD OF NOMINATION OF A CANDIDATE ELECTED TO THE GOVERNING BODY OF A PUBLIC SERVICE DISTRICT IN CHARLESTON COUNTY FROM A PETITION TO A STATEMENT OF CANDIDACY.
(R341) S. 45 -- Senators Leventis, Waldrep, Rose, Ford and Holland: AN ACT TO AMEND SECTION 16-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO PRIVATE SCHOOLS AND TO PROVIDE THAT A FIRST OR SECOND OFFENSE MUST BE TRIED EXCLUSIVELY IN MAGISTRATE'S COURT AND THAT THIRD AND SUBSEQUENT OFFENSES MUST BE TRIED IN THE COURT OF GENERAL SESSIONS.
(R342) S. 124 -- Senators McConnell and Giese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-215 SO AS TO PROVIDE THAT, IF A PRIMARY CARE PHYSICIAN MAKES A REFERRAL TO A DERMATOLOGIST, THE ENROLLEE IN A MANAGED CARE HEALTH PLAN MAY SEE THE IN-NETWORK DERMATOLOGIST TO WHOM THE ENROLLEE IS REFERRED, WITHOUT FURTHER REFERRAL, FOR A MINIMUM OF SIX MONTHS OR FOUR VISITS, WHICHEVER OCCURS FIRST, FOR DIAGNOSIS, TREATMENT, OR SURGERY FOR THE REFERRAL PROBLEM OR CONNECTED COMPLICATIONS, AND TO PROVIDE FOR RELATED MATTERS.
(R343) S. 130 -- Senator Giese: AN ACT TO AMEND CHAPTER 43, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACISTS, SO AS TO REVISE THE PRACTICE AND REGULATION OF PHARMACY INCLUDING, BUT NOT LIMITED TO FURTHER DEFINING "PHARMACEUTICAL DEVICES" AND FURTHER PROVIDING FOR THEIR REGULATION, REVISING THE ROLE OF PHARMACISTS IN DRUG THERAPY MANAGEMENT, REQUIRING PHARMACISTS TO COUNSEL PATIENTS ON NEW MEDICATION, AUTHORIZING PHARMACISTS TO SUPERVISE TWO, RATHER THAN ONE, PHARMACY TECHNICIAN, FURTHER PROVIDING FOR THE REQUIREMENTS FOR COMPOUNDING PRESCRIPTION DRUGS, PROVIDING FOR THE TRANSFER OF PRESCRIPTIONS BETWEEN PHARMACIES UNDER CERTAIN CONDITIONS, AND REVISING PROCEDURES FOR THE DISCLOSURE OF CONFIDENTIAL PRESCRIPTION INFORMATION.
(R344) S. 278 -- Senators Leventis, Reese, Glover, Ravenel, O'Dell, Gregory, McConnell, Land, McGill, Russell, Jackson, Courson, Thomas, Waldrep, Rose, Passailaigue, Hutto and Ryberg: AN ACT TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "ANIMAL", OR "ANIMALS", SO AS TO REDEFINE THESE TERMS AND DEFINE THE WORDS "SUSTENANCE" AND "SHELTER"; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL, SO AS TO ALLOW FOR THE DISPOSITION OF A FIRST OFFENSE CASE OF A PERSON WHO HAS ALLEGEDLY VIOLATED THIS SECTION BY PERMITTING THE CASE TO BE HEARD EITHER IN MAGISTRATE'S COURT OR MUNICIPAL COURT; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL, SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM "NECESSITIES OF LIFE", SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER "AT LEAST ONCE DAILY", AND ALLOW OFFENSES UNDER THIS SECTION TO BE TRIED EITHER IN MAGISTRATE'S COURT OR MUNICIPAL COURT; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO DELETE LANGUAGE AND PROVISIONS REGARDING CERTAIN VEHICLES; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST, SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED FOR PROPERLY BY THE PERSON MAKING THE ARREST "UNTIL THE OWNER TAKES CHARGE OF THE ANIMAL", ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST AND PURSUANT TO SECTION 47-1-150, AND DELETE THE REQUIREMENT THAT THE OWNER TAKE CHARGE OF THE ANIMAL WITHIN FIFTEEN DAYS FROM THE DATE OF NOTICE FROM THE PERSON MAKING THE ARREST; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO PROVIDE THAT, IF AN ANIMAL IS SEIZED PURSUANT TO THIS SECTION AND THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INCORPORATED FOR THAT PURPOSE IS INVOLVED WITH THE SEIZURE, THE AMOUNT MAY BE HELD PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY, AND TO ADD FURTHER PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT ANY LAW ENFORCEMENT OFFICER OR AGENT OF ANY COUNTY OR OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR ANY SOCIETY INCORPORATED FOR THAT PURPOSE MAY MOVE BEFORE A MAGISTRATE FOR CERTAIN ORDERS AND THAT IF ANY SEIZED ANIMAL HELD BY COURT ORDER AT THE OWNER'S PREMISES IS REMOVED WITHOUT NOTIFICATION TO THE INVESTIGATING AGENCY, OR IF AN ANIMAL BECOMES SICK OR DIES AND THE OWNER OR CUSTODIAN FAILS IMMEDIATELY TO NOTIFY THE INVESTIGATING AGENCY, THE OWNER MUST BE HELD IN CONTEMPT OF COURT AND FINED UP TO THE PENALTIES PROVIDED BY LAW; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON CRUEL USE OF AN ANIMAL, SO AS TO DELETE THE CURRENT PROVISIONS AND REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".
(R345) S. 284 -- Senators Leventis, Courson, Waldrep, Wilson, Giese, Anderson, Elliott, Land, Short, Reese, Cork, Rose, Holland, Moore and Washington: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO DESIGNATE THE SECRETARY OF STATE TO MONITOR ALL ELECTED OR APPOINTED STATE BOARDS AND COMMISSIONS IN ORDER TO ASCERTAIN WHEN VACANCIES OCCUR AND PUBLICIZE THESE VACANCIES AND POSITIONS ON THESE BODIES WHOSE TERMS EXPIRE; PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE PUBLIC CHARITIES SECTION OF THE OFFICE OF THE ATTORNEY GENERAL'S OFFICE ARE DEVOLVED UPON THE SECRETARY OF STATE'S OFFICE ON JULY 1, 1998; TO TRANSFER ALL PERSONNEL ORIGINALLY TRANSFERRED FROM THE SECRETARY OF STATE'S OFFICE AND STILL EMPLOYED BY THE ATTORNEY GENERAL IN THE PUBLIC CHARITIES SECTION, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE PUBLIC CHARITIES SECTION TO THE SECRETARY OF STATE'S OFFICE ON JULY 1, 1998; TO PROVIDE THAT THE SECRETARY OF STATE SHALL ADMINISTER THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT" AND REQUIRE HIM TO NOTIFY EACH CHARITABLE ORGANIZATION THAT HE IS THE ADMINISTRATOR OF THE ACT; TO AMEND SECTIONS 33-56-20, 33-56-30, 33-56-40, 33-56-50, 33-56-60, 33-56-70, 33-56-80, 33-56-90, 33-56-100, 33-56-110, 33-56-120, 33-56-130, 33-56-140, 33-56-150, 33-56-160, AND 33-56-190, ALL AS AMENDED, ALL RELATING TO THE SOLICITATION OF CHARITABLE FUNDS, SO AS TO DELETE REFERENCES TO THE ATTORNEY GENERAL AND REFLECT THE SECRETARY OF STATE AND HIS OFFICE AS THE OFFICIAL AGENCY TO ADMINISTER THE PROVISIONS OF THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT", AND TO ALLOW THE SECRETARY OF STATE TO RETAIN A PORTION OF ADMINISTRATIVE FINES TO OFFSET THE EXPENSES OF ENFORCEMENT.
(R346) S. 289 -- Senator Anderson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-440 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR BY A NONPROFIT ORGANIZATION, IN PRIVATE INDUSTRY OR BUSINESS OR COMMERCIAL ENTERPRISES TO ENHANCE THE GENERAL WELFARE OF THE STATE OF SOUTH CAROLINA, TO PROVIDE THAT VIOLENT OFFENDERS NOT PERFORM LABOR FOR NONPROFIT ORGANIZATIONS OUTSIDE THE CONFINES OF A CORRECTIONAL INSTITUTION, AND THAT INMATES PARTICIPATING IN SUCH LABOR SHALL NOT BENEFIT IN ANY MANNER CONTRADICTORY TO EXISTING STATUTES.
(R347) S. 332 -- Senator Hayes: AN ACT TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES, FINES, AND FORFEITURE PROCEDURES ASSOCIATED WITH THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO NOT ALLOW A CONFISCATED PISTOL TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, TO ALLOW A CONFISCATED PISTOL TO BE DESTROYED BY THE LAW ENFORCEMENT AGENCY THAT CONFISCATED THE WEAPON, AND TO PROVIDE THAT A WEAPON MUST NOT BE DISPOSED OF IN ANY MANNER UNTIL A FINAL DETERMINATION OF ANY LEGAL PROCEEDING IT MAY BE INVOLVED IN IS ISSUED; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF WEAPON, AND TO THE CONFISCATION AND DISPOSITION OF WEAPONS USED IN THE COMMISSION OR FURTHERANCE OF A CRIME, SO AS TO ALLOW A LAW ENFORCEMENT AGENCY THAT RECEIVES A CONFISCATED WEAPON TO TRADE IT WITH CERTAIN RETAIL DEALERS, TO NOT ALLOW A CONFISCATED WEAPON TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, TO ALLOW A CONFISCATED WEAPON TO BE DESTROYED BY THE LAW ENFORCEMENT AGENCY THAT CONFISCATED THE WEAPON, AND TO PROVIDE THAT A WEAPON MUST NOT BE DISPOSED OF UNTIL A FINAL DETERMINATION OF ANY LEGAL PROCEEDING IT MAY BE INVOLVED IN IS ISSUED; TO AMEND SECTION 23-31-180, AS AMENDED, RELATING TO THE FORFEITURE AND DESTRUCTION OF PISTOLS OR HANDGUNS DECLARED TO BE CONTRABAND, SO AS TO PROVIDE THAT THESE WEAPONS MUST BE FORFEITED TO OR SEIZED BY A MUNICIPAL OR COUNTY LAW ENFORCEMENT AGENCY, TO NOT ALLOW THESE WEAPONS TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO REQUIRE THESE WEAPONS TO BE EITHER DESTROYED OR DISPLAYED AFTER A FINAL DETERMINATION OF ANY LEGAL PROCEEDING THEY MAY BE INVOLVED IN IS ISSUED; TO REPEAL SECTION 16-23-500 RELATING TO THE AUTHORITY OF CLERKS OF COURT AND MAYORS TO SELL CONFISCATED OR FORFEITED WEAPONS; AND TO ADD SECTION 23-31-240 SO AS TO PROVIDE THAT CERTAIN ACTIVE JUDGES, SOLICITORS, ASSISTANT SOLICITORS, AND WORKERS' COMPENSATION COMMISSIONERS WHO POSSESS A VALID CONCEALABLE WEAPONS PERMIT MAY CARRY A CONCEALABLE WEAPON ANYWHERE IN THE STATE.
(R348) S. 396 -- Senators J. Verne Smith and Leatherman: AN ACT TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTENTS OF PROPERTY TAX ASSESSMENT NOTICES, SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE CONTAIN THE PERCENTAGE INCREASE OVER THE PRIOR MARKET VALUE IF THERE WAS NO CHANGE IN USE OR CHARACTERISTICS.
(R349) S. 443 -- Senator Leatherman: AN ACT TO AMEND SECTION 12-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE COUNTY ASSESSOR, SO AS TO PROVIDE FOR THE RESPONSIBILITY AND RIGHT TO ENTER AND EXAMINE NEW NONRESIDENTIAL BUILDINGS AND STRUCTURES AND PORTIONS OF EXISTING NONRESIDENTIAL BUILDINGS AND STRUCTURES COVERED BY BUILDING PERMITS.
(R350) S. 472 -- Senators Land and Wilson: AN ACT TO AMEND CHAPTER 36, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF OCCUPATIONAL THERAPY, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS TO INCREASE THE BOARD OF OCCUPATIONAL THERAPY FROM FIVE TO SEVEN; REVISE DEFINITIONS; TO AUTHORIZE SANCTIONS FOR PRACTICING WITHOUT A LICENSE; TO PROVIDE FOR A CIVIL PENALTY; TO INCREASE CRIMINAL PENALTIES; TO REQUIRE AN APPLICANT TO BE IN GOOD STANDING WITH THE NATIONAL CERTIFICATION BOARD; AND TO PROVIDE FOR BIENNIAL LICENSURE.
(R351) S. 535 -- Banking and Insurance Committee: AN ACT TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 93 SO AS TO ENACT PROVISIONS REGULATING THE PRIVACY OF GENETIC INFORMATION.
(R352) S. 593 -- Senators Ravenel, Passailaigue, Rose, McConnell and Hayes: AN ACT TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LODGING FACILITIES, BY ADDING CHAPTER 4, SO AS TO ENACT THE "SOUTH CAROLINA BED AND BREAKFAST ACT", TO SPECIFICALLY DEFINE "BED AND BREAKFAST" TO INCLUDE A "BED AND BREAKFAST INN", A "HOME STAY BED AND BREAKFAST", AND A "COUNTRY INN", TO SPECIFICALLY EXCLUDE CERTAIN OTHER TYPES OF TRANSIENT ACCOMMODATIONS, AND TO PROVIDE HEALTH AND SAFETY REGULATIONS FOR OPERATION OF A NEW OR EXISTING BED AND BREAKFAST IN SOUTH CAROLINA.
(R353) S. 772 -- Senators Holland, Bryan and Courson: AN ACT TO AMEND SECTION 22-3-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPELLING ATTENDANCE OF A WITNESS, SO AS TO ALLOW A MAGISTRATE TO COMPEL THE ATTENDANCE OF ANY WITNESS RESIDING IN THE COUNTY INSTEAD OF ANY WITNESS RESIDING NOT MORE THAN TWENTY MILES FROM THE MAGISTRATE'S LOCATION; TO PROVIDE IF THE WITNESS FAILS OR REFUSES TO ATTEND OR GIVE EVIDENCE WITHOUT GOOD CAUSE SHOWN THAT THE MAGISTRATE MAY FIND HIM IN CONTEMPT AND SENTENCE HIM UP TO THE CRIMINAL JURISDICTIONAL LIMIT IMPOSED ON MAGISTRATES' COURTS; AND TO DELETE CERTAIN OBSOLETE REFERENCES.
(R354) S. 843 -- Senators Peeler, Reese and Mescher: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-195 SO AS TO REQUIRE A STUDENT WITH PEDICULOSIS (HEAD LICE) TO RETURN TO SCHOOL ONLY UPON PRESENTATION OF EVIDENCE OF TREATMENT AND A PHYSICAL SCREENING CONDUCTED BY THE SCHOOL INDICATING AN ABSENCE OF PEDICULOSIS, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE ELIGIBLE FAMILIES WITH PRODUCTS OR PRODUCT VOUCHERS FOR THE TREATMENT OF PEDICULOSIS, AND TO MAKE IMPLEMENTATION CONTINGENT UPON THE APPROPRIATION OF ADEQUATE FUNDING.
(R355) S. 876 -- Senators Drummond and Alexander: AN ACT TO AMEND SECTION 11-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF THE COMPTROLLER GENERAL TO THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY TAXES COLLECTED, SO AS TO DELETE OBSOLETE LANGUAGE AND REFER TO ALL TAXING ENTITIES; TO AMEND SECTIONS 12-39-140, 12-39-310, AND 12-45-300, RELATING TO THE DUTIES OF COUNTY AUDITORS, SO AS TO DELETE OBSOLETE REQUIREMENTS AND MODERNIZE REPORTING REQUIREMENTS TO THE COMPTROLLER GENERAL; AND TO REPEAL SECTIONS 11-3-190, 12-39-290, AND 12-45-340, RELATING TO OBSOLETE REPORTING AND RECORDKEEPING REQUIREMENTS.
(R356) S. 958 -- Senators Drummond, Land, Moore, McConnell, Courson, Bryan, Martin, Passailaigue and Giese: AN ACT TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 16 PROVIDING FOR RETIREMENT SYSTEM FUNDS, INCLUDING DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS AND RESPONSIBILITIES, AND ESTABLISHING THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDING FOR ITS MEMBERSHIP, POWERS, AND DUTIES AND TO PROVIDE A PENALTY FOR VIOLATIONS; TO AMEND SECTIONS 9-1-1310, 9-8-160, 9-9-150, AND 9-11-240, RELATING TO THE DESIGNATION OF THE STATE BUDGET AND CONTROL BOARD AS THE TRUSTEE OF THE FUNDS OF THE SOUTH CAROLINA SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE INVESTMENTS ALLOWED AND SAFEGUARDS IMPOSED WITH RESPECT TO THE INVESTMENT OF THE FUNDS OF THE VARIOUS SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT OF RETIREMENT SYSTEM FUNDS IN EQUITY SECURITIES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE STATE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND ALLOW THE STATE BUDGET AND CONTROL BOARD MEETING AS TRUSTEE OF THE RETIREMENT SYSTEMS AND THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL TO MEET IN EXECUTIVE SESSION IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES, AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
(R357) S. 963 -- Senators J. Verne Smith, Alexander, Branton, Courson, Elliott, Fair, Giese, Glover, Hayes, Holland, Hutto, Jackson, Land, Lander, Matthews, Mescher, Moore, O'Dell, Passailaigue, Patterson, Ravenel, Reese, Short and Leventis: AN ACT TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO INCLUDE METHADONE TREATMENT FACILITIES IN THE DEFINITION OF "HEALTH CARE FACILITY" AND TO DELETE KIDNEY DISEASE TREATMENT CENTERS AND HEMODIALYSIS CENTERS FROM THAT DEFINITION; TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, SO AS TO EXEMPT KIDNEY DISEASE TREATMENT CENTERS AND TO CLARIFY THE EDUCATIONAL AND PENAL INSTITUTION EXEMPTION; AND TO AMEND SECTION 44-7-210, AS AMENDED, RELATING TO THE CERTIFICATE OF NEED APPLICATION PROCESS, SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM APPROVING A CERTIFICATE OF NEED FOR A METHADONE TREATMENT FACILITY UNTIL LICENSURE STANDARDS FOR SUCH FACILITIES ARE PROMULGATED.
(R358) S. 986 -- Senators Holland and Martin: AN ACT TO AMEND SECTION 7-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF REGISTRATION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE BOARD MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH BOARD MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; TO AMEND SECTION 7-5-35, AS AMENDED, RELATING TO PROVISIONS FOR INCLUSION OF MAJORITY AND MINORITY PARTY REPRESENTATIVES APPLICABLE TO CERTAIN ELECTION AND REGISTRATION COMMISSIONS AS CONSTITUTED FOR PRIMARY ELECTIONS AND PROTESTS, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; AND TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR.
(R359) S. 1003 -- Senator Peeler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-535 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT, TAKE, OR POSSESS MIGRATORY GAME BIRDS WITHOUT FIRST OBTAINING A MIGRATORY GAME BIRD PERMIT FROM THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE THAT THE DEPARTMENT MAY NOT CHARGE A FEE FOR THE PERMIT UNLESS APPROVED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THIS PERMIT MUST BE INTEGRATED INTO ALL HUNTING LICENSES AFTER FINAL IMPLEMENTATION OF THE MIGRATORY BIRD HARVEST INFORMATION PROGRAM.
(R360) S. 1007 -- Senators Holland, McConnell and Giese: AN ACT TO ENACT THE DRUG-INDUCED CRIME PREVENTION AND PUNISHMENT ACT OF 1998, BY AMENDING SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRUGS, SO AS TO CREATE THE OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE OR GAMMA HYDROXY BUTYRATE TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A CRIME AGAINST THAT INDIVIDUAL AND ESTABLISH APPROPRIATE PENALTIES, AND ALSO TO CREATE THE OFFENSE OF TRAFFICKING IN FLUNITRAZEPAM AND ESTABLISH APPROPRIATE PENALTIES; BY AMENDING SECTION 16-1-90, AS AMENDED, RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THE OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A CRIME AGAINST THAT INDIVIDUAL AND TRAFFICKING IN FLUNITRAZEPAM AS FELONIES; AND BY AMENDING SECTION 16-3-652, RELATING TO CRIMINAL SEXUAL CONDUCT, SO AS TO PROVIDE THAT, IF ONE PERSON CAUSES ANOTHER PERSON TO BECOME MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS BY ADMINISTERING A CONTROLLED SUBSTANCE, THAT PERSON IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
(R361) S. 1084 -- Senator Land: AN ACT TO AMEND SECTION 56-1-2070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMERCIAL MOTOR VEHICLE LICENSES, SO AS TO ADOPT FEDERAL EXEMPTIONS ALLOWING FOR THE TRANSPORTATION OF CERTAIN HAZARDOUS WASTE MATERIALS WHICH POSE NO SUBSTANTIAL THREAT TO PUBLIC HEALTH AND SAFETY WHEN USED IN NORMAL FARMING OPERATIONS.
(R362) S. 1095 -- Judiciary Committee: AN ACT TO AMEND ARTICLE 13, CHAPTER 7 OF TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, SO AS TO REVISE THE PROVISIONS OF THE ARTICLE TO CLARIFY LANGUAGE CONCERNING THE DRAWING OF GRAND JURORS, TO DELETE CERTAIN OBSOLETE PROVISIONS, TO PROVIDE THAT THE NUMBER OF GRAND JURORS TO BE DRAWN BY THE JURY COMMISSIONERS MUST BE A NUMBER WHICH THE CLERK OF COURT OR CHIEF ADMINISTRATIVE JUDGE FOR THE CIRCUIT HAS DETERMINED TO BE SUFFICIENT IN ORDER TO IMPANEL A GRAND JURY, AND TO PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR, INCLUDING ANY SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN ANY COURT OF THIS STATE FOR A PERIOD OF FIVE CALENDAR YEARS; AND TO AMEND CHAPTER 7 OF TITLE 14, RELATING TO JURIES AND JURORS IN CIRCUIT COURT, BY ADDING ARTICLE 17 SO AS TO PROVIDE AN ALTERNATIVE METHOD FOR SELECTING AND IMPANELING GRAND JURIES IN WHICH GRAND JURORS SHALL SERVE TERMS OF SIX MONTHS RATHER THAN ONE YEAR AND MAY HOLD OVER FOR ONE ADDITIONAL SIX-MONTH TERM, TO PROVIDE THE PROCEDURES FOR SELECTING AND IMPANELING SUCH JURORS UNDER THIS ALTERNATIVE METHOD, AND TO PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR UNDER THIS ALTERNATIVE METHOD, INCLUDING ANY SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN ANY COURT OF THIS STATE FOR A PERIOD OF FIVE CALENDAR YEARS.
(R363) S. 1108 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO RENTAL TEXTBOOKS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2259, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R364) S. 1137 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP: 1997-1998, DESIGNATED AS REGULATION DOCUMENT NUMBER 2256, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R365) S. 1138 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2238, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R366) S. 1167 -- Senator Holland: AN ACT TO AMEND TITLE 26, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTARIES PUBLIC AND ACKNOWLEDGMENTS, BY ADDING CHAPTER 5 SO AS TO ENACT THE "SOUTH CAROLINA ELECTRONIC COMMERCE ACT" WHICH PROVIDES FOR THE LEGAL STATUS OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES AND AUTHORIZES THE BUDGET AND CONTROL BOARD AND SECRETARY OF STATE TO PROMULGATE REGULATIONS RELATED TO ELECTRONIC COMMERCE.
(R367) S. 1175 -- Senator Alexander: AN ACT TO AMEND ACT 613 OF 1992, AS AMENDED, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND THE SCHOOL DISTRICT OF OCONEE COUNTY, SO AS TO STAGGER THE TERMS OF THE MEMBERS OF THE BOARD OF TRUSTEES OF THE DISTRICT.
(R368) S. 1185 -- Senator Reese: AN ACT TO AMEND SECTION 50-25-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE WILLIAM C. BOWEN, SO AS TO INCLUDE WITHIN THE EXCEPTION INBOARD BOATS DESIGNED BY THE MANUFACTURER FOR TOWING WATERSKIERS.
(R369) S. 1186 -- Senators Hutto and Lander: AN ACT TO AMEND CHAPTER 22, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WAREHOUSE SYSTEM, BY ADDING SECTION 39-22-15 SO AS TO DEFINE LOSS OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND AND TO PROVIDE THAT DEPOSITORS MAY RECOVER LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND; TO AMEND SECTION 39-22-80, AS AMENDED, RELATING TO EXEMPTION OF ELECTRONIC WAREHOUSE RECEIPTS, SO AS TO PROVIDE FOR WRITTEN NOTICE AND CONSENT IN CONNECTION WITH THE USE OF ELECTRONIC WAREHOUSE RECEIPTS, TO AMEND SECTION 39-22-90, AS AMENDED, RELATING TO PROHIBITED ACTS AND PENALTIES IN CONNECTION WITH WAREHOUSE RECEIPTS, SO AS TO PROHIBIT ISSUING OR TRANSFER OF AN ELECTRONIC WAREHOUSE RECEIPT WITHOUT WRITTEN NOTICE TO OR THE CONSENT OF THE DEPOSITOR, TO AMEND SECTION 39-22-150, RELATING TO CLAIMS AGAINST THE STATE WAREHOUSE SYSTEM GUARANTY FUND, SO AS TO PROTECT DEPOSITORS AGAINST LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND, TO PROVIDE FOR PENALTIES, AND TO PROVIDE THAT CERTAIN PROVISIONS OF THE ACT APPLY RETROACTIVELY.
(R370) S. 1196 -- Senator Bryan: AN ACT TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS SCHOOL DISTRICTS 55 AND 56, SO AS TO CHANGE THE BOUNDARIES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 TO CONFORM THEM WITH THE TRANSPORTATION LINES ESTABLISHED IN 1977 BY AN AGREEMENT BETWEEN THE BOARDS OF TRUSTEES FOR THE DISTRICTS; AND TO REPEAL ACT 603 OF 1984 AND TO DELETE SECTION 4 OF ACT 241 OF 1983, BOTH RELATING TO BOUNDARIES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56.
(R371) H. 3184 -- Rep. Davenport: AN ACT TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS, TO REQUIRE COMMUNITY SERVICE FOR CERTAIN VIOLATIONS, TO PROVIDE THAT A CREMATORY OPERATOR IS NEITHER CIVILLY NOR CRIMINALLY LIABLE FOR CREMATING A BODY WHICH HAS BEEN INCORRECTLY IDENTIFIED OR THE FUNERAL DIRECTOR HAS OBTAINED INVALID AUTHORIZATION TO CREMATE, AND TO PROVIDE THAT THIS IMMUNITY DOES NOT APPLY TO A CREMATORY OPERATOR WHO KNEW OR SHOULD HAVE KNOWN THAT THE BODY WAS INCORRECTLY IDENTIFIED.
(R372) H. 3351 -- Rep. Felder: AN ACT TO AMEND SECTION 50-11-704, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS IN CERTAIN GAME ZONES TO OBSERVE OR HARASS WILDLIFE, SO AS TO INCLUDE GAME ZONE 3 AS A GAME ZONE TO WHICH THESE PROVISIONS APPLY.
(R373) H. 3789 -- Reps. Limehouse, Altman, Hawkins, Chellis, J. Brown, Easterday, Cato, Edge, Maddox, Beck, Webb, Tripp, Byrd, Whatley, Littlejohn, Riser, Inabinett and Harrell: AN ACT TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON TAKING SPOTTED SEA TROUT, SO AS TO PROHIBIT TAKING SPOTTED SEA TROUT OF LESS THAN THIRTEEN INCHES; AND TO AMEND SECTION 50-17-520, AS AMENDED, RELATING TO LIMITS ON THE MAXIMUM NUMBER OF DAILY TAKE OF CERTAIN FISH, SO AS TO REDUCE THE NUMBER OF SPOTTED SEA TROUT A PERSON MAY TAKE OR HAVE IN POSSESSION IN ONE DAY FROM FIFTEEN TO TEN.
(R374) H. 4107 -- Rep. Rhoad: AN ACT TO AMEND SECTION 7-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BAMBERG COUNTY, SO AS TO DESIGNATE THE VOTING PLACE OF THE EDISTO PRECINCT AS THE EDISTO RURAL FIRE DEPARTMENT.
(R375) H. 4303 -- Reps. Inabinett, Govan, Jordan, Maddox, Cromer, Kennedy, Whipper, Campsen, Tripp, Jennings, J. Hines, Breeland, Cobb-Hunter, Robinson, Pinckney, Neal, Miller, Cotty, Baxley and Parks: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING A MARRIAGE BETWEEN A WHITE AND NEGRO OR MULATTO UNLAWFUL.
(R376) H. 4467 -- Rep. Klauber: AN ACT TO AMEND SECTION 35-1-1590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING THE UNIFORM SECURITIES ACT, SO AS TO CREATE CERTAIN FELONY OFFENSES AND PENALTIES AND REVISE THE PENALTY FOR THE EXISTING MISDEMEANOR OFFENSE.
(R377) H. 4486 -- Reps. Jennings, Inabinett, Kirsh, Meacham, H. Brown, Spearman, Moody-Lawrence, Neilson, J. Hines, Cobb-Hunter, Seithel, Bailey, Battle, D. Smith, Tripp, Harrison, Rodgers, Leach, Scott, Gamble, Govan, McCraw, Riser, Stille, Stuart, Young-Brickell, Vaughn, Keegan, Neal, Kelley, Loftis, Witherspoon, Cato, A. Harris, Wilder, Stoddard, McMaster, Jordan, Martin and Cromer: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-140 SO AS TO PROVIDE THAT A VALID PROTECTION ORDER RELATED TO DOMESTIC OR FAMILY VIOLENCE ISSUED IN ANOTHER STATE IS VALID IN THIS STATE AND MUST BE ENFORCED AS IF IT WERE ISSUED IN THIS STATE; TO PROVIDE THE PREREQUISITES TO AND PROCEDURES FOR ENFORCING SUCH ORDER; TO PROVIDE CIVIL AND CRIMINAL IMMUNITY; TO AMEND SECTION 16-25-50, AS AMENDED, RELATING TO PENALTIES FOR VIOLATION OF AN ORDER OF PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO ALSO APPLY THE PENALTIES TO VIOLATIONS OF ORDERS ISSUED IN ANOTHER STATE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO AUTHORIZE THE COURT TO ORDER SIBLING VISITATION.
(R378) H. 4507 -- Rep. Davenport: AN ACT TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF CONTRACTORS AS A PROFESSION, BY ADDING SECTION 40-11-165 SO AS TO PROVIDE THAT A PERSON WHO IS OR HAS BEEN LICENSED PURSUANT TO THIS CHAPTER WHO LEAVES THE STATE WITH UNPAID DEBTS AND SUBSEQUENTLY RETURNS AND SEEKS LICENSURE AGAIN, OR TO DO BUSINESS AGAIN UNDER A STILL-VALID, PREVIOUSLY ISSUED LICENSE, SHALL FILE A SIGNED, NOTARIZED STATEMENT LISTING CERTAIN FINANCIAL INFORMATION, AND TO PROVIDE FOR RELATED MATTERS.
(R379) H. 4540 -- Reps. Loftis and Leach: AN ACT TO AMEND ACT 1027 OF 1970, RELATING TO THE CREATION OF THE DUNCAN CHAPEL FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES FOR MEMBERS OF THE GOVERNING BODY OF THE DISTRICT.
(R380) H. 4594 -- Reps. Rhoad, Bowers, R. Smith, Koon, Limehouse, Bauer, Bailey, Inabinett, Battle, J. Smith, Witherspoon, Sharpe, Davenport, T. Brown, Law, Webb, McAbee, Wilkes, Lloyd, Neal, Knotts, Edge, Miller, Hamilton, Loftis, Riser, Cave, Barfield, Littlejohn, Dantzler, Harvin, Phillips, Maddox, Hinson, Rodgers, Baxley, Leach, Cromer, Jennings and Neilson: AN ACT TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF LIVE NONGAME FISH AND BREAM ON SPECIFIED SET HOOKS ON THE EDISTO, BLACK, SAMPIT, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS, LIMIT THE NUMBER OF BREAM A PERSON MAY HAVE IN HIS POSSESSION WHILE FISHING WITH NONGAME TACKLE ON THESE RIVERS, PROHIBIT THE USE OF BREAM AS BAIT AFTER JUNE 30, 2001, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(R381) H. 4686 -- Rep. Stoddard: AN ACT 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, DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED, AND DIRECT THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO CHANGE THE BOUNDARIES OF TWO PRECINCTS IN LAURENS COUNTY.
(R382) H. 4691 -- Reps. Sharpe, Rhoad, Spearman, Limehouse, Davenport, Witherspoon, Littlejohn and McLeod: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 47 SO AS TO ENACT THE SOUTH CAROLINA RENDERING ACT OF 1998, INCLUDING PROVISIONS AND DEFINITIONS RELATING TO ADMINISTRATION OF THE ACT BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE DIRECTOR, DIVISION OF LIVESTOCK-POULTRY HEALTH PROGRAMS, CLEMSON UNIVERSITY, PROVIDING MINIMUM STANDARDS FOR RENDERING PLANTS AND FOR CONDUCTING RENDERING OPERATIONS, AND PROVIDING PROVISIONS FOR PERMITS, INSPECTIONS, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS.
(R383) H. 4694 -- Reps. Neilson, Bailey, Barfield, Baxley, Bowers, Byrd, Cave, Clyburn, Cobb-Hunter, J. Hines, M. Hines, Howard, Inabinett, Jennings, Martin, McCraw, McLeod, Moody-Lawrence, Neal, Phillips, Scott, J. Smith, R. Smith and Stoddard: AN ACT TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT THE DIVISION ON AGING IS UNDER THE DEPARTMENT OF HEALTH AND HUMAN SERVICES RATHER THAN UNDER THE OFFICE OF THE GOVERNOR; AND TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO AMEND THE DEFINITION OF "EMPLOYEE" AND "EMPLOYER" SO AS TO INCLUDE EMPLOYEES OF LOCAL COUNCILS ON AGING IN THE STATE RETIREMENT SYSTEM.
(R384) H. 4753 -- Rep. Cave: AN ACT TO AMEND SECTION 7-7-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PLACES IN ALLENDALE COUNTY, SO AS TO DELETE THE SPECIFIC POLLING PLACES FOR EACH VOTING PRECINCT AND PROVIDE THAT THE POLLING PLACES MUST BE ESTABLISHED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR ALLENDALE COUNTY SUBJECT TO THE APPROVAL OF A MAJORITY OF THE ALLENDALE COUNTY LEGISLATIVE DELEGATION.
(R385) H. 4787 -- Reps. Klauber, McLeod, J. Smith, McAbee, Harrison, Hawkins and Kinon: AN ACT 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.
(R386) H. 4809 -- Reps. Harvin and Young: AN ACT TO AMEND ACT 959 OF 1972, AS AMENDED, RELATING TO THE CLARENDON COUNTY AREA VOCATIONAL SCHOOL AND MANPOWER TRAINING CENTER AND ITS GOVERNING BOARD, SO AS TO PROVIDE THAT THE CHAIRMAN OF THE CLARENDON COUNTY BOARD OF EDUCATION, OR HIS DESIGNEE, ALSO SHALL SERVE AS AN EX OFFICIO MEMBER OF THIS BOARD.
(R387) H. 4912 -- Reps. Baxley, Neilson and J. Hines: AN ACT TO AMEND ACT 1797 OF 1972, RELATING TO THE HARTSVILLE PARKING, BEAUTIFICATION AND BUSINESS IMPROVEMENT DISTRICT IN DARLINGTON COUNTY, SO AS TO EXPAND THE AREA OF THE DISTRICT.
(R388) H. 4932 -- Rep. Kinon: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1998, AND ENDING JUNE 30, 1999.
(R389) H. 4941 -- Rep. Fleming: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MARCH 9, 1998, MISSED BY THE STUDENTS OF UNION HIGH SCHOOL OF THE SCHOOL DISTRICT OF UNION COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IN UNION COUNTY THAT SERVES UNION HIGH SCHOOL IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R390) H. 4965 -- Reps. Walker, Allison, Lanford, Lee, Phillips, Davenport, D. Smith, Littlejohn and Hawkins: AN ACT TO ESTABLISH A SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE AND TO DEVOLVE THE DUTIES AND FUNCTIONS OF THE SPARTANBURG COUNTY BOARD OF EDUCATION INCLUDING THE DISTRIBUTION OF MINIMUM FOUNDATION MONIES UPON THE OVERSIGHT COMMITTEE, TO PROVIDE THE PROCEDURES UNDER WHICH THESE MINIMUM FOUNDATION MONIES MUST BE DISTRIBUTED, AND TO ABOLISH THE SPARTANBURG COUNTY BOARD OF EDUCATION.
(R391) H. 4968 -- Reps. Hawkins, Littlejohn, Lee and Davenport: AN ACT TO AMEND ACT 1195 OF 1958, AS AMENDED, RELATING TO THE WEST VIEW-FAIRFOREST FIRE DISTRICT CONTROL BOARD, SO AS TO INCREASE THE BOARD FROM THREE TO FIVE MEMBERS.
(R392) H. 4999 -- Reps. Lloyd, Inabinett, Bailey, Bowers and Rhoad: AN ACT TO AMEND ACT 507 OF 1996, RELATING TO THE CREATION OF THE COLLETON COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION, SO AS TO PROVIDE THAT NO PAID EMPLOYEE OF THE BOARD OR THE FORMER SEPARATE BOARDS OF ELECTIONS AND VOTER REGISTRATION IS ELIGIBLE TO SERVE AS A MEMBER OF THE BOARD.
(R393) H. 5002 -- Rep. Vaughn: AN ACT 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.
(R394) H. 5012 -- Reps. Stille, Carnell and Townsend: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF NOVEMBER 25, 1997, MISSED BY THE STUDENTS OF LONG CANE ELEMENTARY SCHOOL OF THE ABBEVILLE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R395) H. 5014 -- Reps. Spearman, Wilder and McLeod: AN ACT TO REPEAL ACT 768 OF 1966 RELATING TO THE NEWBERRY-SALUDA REGIONAL LIBRARY ON JULY 1, 1998, TO TRANSFER THE ASSETS AND LIABILITIES OF THE REGIONAL LIBRARY TO THE COUNTY WHEREIN THESE ASSETS AND LIABILITIES ARE LOCATED, AND TO PROVIDE THE GOVERNING BODIES OF NEWBERRY AND SALUDA COUNTIES SHALL EACH ESTABLISH A COUNTY PUBLIC LIBRARY SYSTEM IN THE MANNER PROVIDED BY SECTION 4-9-35 OF THE 1976 CODE EFFECTIVE JULY 1, 1998.
(R396) 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.
(R397) H. 5029 -- Reps. McGee, J. Hines, McKay and M. Hines: AN ACT TO CREATE THE FLORENCE COURT LIBRARY COMMISSION FOR THE PURPOSE OF ESTABLISHING AND OPERATING A LAW LIBRARY IN FLORENCE COUNTY; TO PROVIDE FOR ITS POWERS AND DUTIES; TO INCREASE THE AMOUNT OF COURT COSTS ASSESSED FLORENCE COUNTY CRIMINAL BOND FORFEITURES AND FINES FOR THE SUPPORT OF THE LIBRARY AND TO PROVIDE FOR THE DEPOSIT AND DISBURSEMENT OF FUNDS.
(R398) H. 5031 -- Reps. Lloyd, Bowers, Inabinett, Bailey and Rhoad: AN ACT TO ENACT THE COLLETON COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT WHICH AUTHORIZES A SPECIAL ONE PERCENT SALES AND USE TAX IN THE COUNTY OF SPECIFIED DURATION AND FOR SPECIFIED PURPOSES UPON APPROVAL IN A REFERENDUM.
(R399) 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.
(R400) H. 5050 -- Rep. Rhoad: AN ACT TO AMEND ACT 1090 OF 1972, AS AMENDED, RELATING TO BAMBERG-EHRHARDT SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT TWO OF BAMBERG COUNTY, SO AS TO PROVIDE THAT MEMBERS OF BOARDS OF TRUSTEES OF THESE DISTRICTS MAY PARTICIPATE IN THE SCHOOL DISTRICTS' STAFF INSURANCE PROGRAM AND RECEIVE FRINGE BENEFITS OFFERED TO SCHOOL DISTRICT EMPLOYEES IN ADDITION TO RECEIVING THEIR ANNUAL SALARY.
(R401) H. 5052 -- Rep. Bauer: AN ACT 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.
(R402) 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 IN NONCAPITAL CASES IF THE CONFLICT FUND IS EXHAUSTED.
(R403) H. 5083 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT OF 1997/SOUTH CAROLINA HIGHER EDUCATION MATCHING GIFT FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 2296, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R404) H. 5103 -- Reps. Miller and T. Brown: AN ACT TO AMEND ACT 515 OF 1996, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THOSE DEVOLVED POWERS TO THE DELEGATION FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS AND PROVIDE THAT APPOINTMENTS TO THESE OFFICES, BOARDS, AND COMMISSIONS BE MADE ON A ROTATING BASIS BY RESIDENT DELEGATION MEMBERS WITH ADVICE AND CONSENT OF THE SENATORS.
On motion of Senators WILSON and SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable William L. Cooper, Jr., of Lexington, S.C., former member of the House of Representatives.
Senator DRUMMOND moved that, when the Senate adjourns on Friday, May 22, 1998, it stand adjourned to meet next Tuesday, May 26, 1998, at 12:00 Noon, which motion was adopted.
At 12:14 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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