Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, some years ago, as a change of pace in our prayer time, I read a poem which the late, and well-loved, Coach "Bear" Bryant of Alabama carried in his wallet. Because of the general interest I repeat it this morning. The author is Heartsill Wilson:
"This is the beginning of a new day.
God has given me this day to use as I will.
I can waste it or use it for good.
What I do today is very important because I am exchanging a day of my life for it.
When tomorrow comes, this day will be gone forever, leaving something in its place I have traded for it.
I want it to be a gain, not a loss... good, not evil... success, not failure
In order that I shall not forget the price I paid for it."
Let us pray.
Dear Lord, may it be so with us today!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Reappointment, South Carolina Worker's Compensation Commission, with term to commence June 30, 2000, and to expire June 30, 2006:
At-Large:
Holly Saleeby Atkins, 2 New Grant Court, Columbia, S.C. 29209
Referred to the Committee on Judiciary.
Reappointment, Atlantic States Marine Fisheries Commission, with term to commence June 30, 2000, and to expire June 30, 2003:
David M. Cupka, P.O. Box 12559, Charleston, S.C. 29422-2559
Referred to the Committee on Fish, Game and Forestry.
Initial Appointment, South Carolina Real Estate Appraisers Board, with term to commence May 31, 1999, and to expire May 31, 2002:
Financial:
Ralph E. Edwards, Jr., Springs Mortgage Corp., P.O. Box 1031, Fort Mill, S.C. 29716 VICE: Joseph C. Reynolds
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1998, and to expire August 15, 2002:
At-Large:
Brenda Lee Martin, 1031 Shiloh Road, Seneca, S.C. 29678 VICE Rebecca K. Swindell (resigned)
Referred to the Committee on Labor, Commerce and Industry.
Columbia, S.C., March 9, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.244, H. 4635 by a vote of 4 to 0:
(R244, H. 4635 (Word version)) -- Reps. Webb, Rice, Robinson and Trotter: AN ACT TO PROVIDE THAT STUDENTS IN ANY SCHOOL IN THE SCHOOL DISTRICT OF PICKENS COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE DISTRICTS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE
(R244, H. 4635 (Word version)) -- Reps. Webb, Rice, Robinson and Trotter: AN ACT TO PROVIDE THAT STUDENTS IN ANY SCHOOL IN THE SCHOOL DISTRICT OF PICKENS COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE DISTRICTS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher O'Dell Passailaigue Patterson Peeler
Rankin Ravenel Reese Richardson Ryberg Saleeby Setzler Smith, J. Verne Thomas Waldrep Washington Wilson
Moore
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
The following was received and referred to the appropriate committee for consideration:
Document No. 2502
Agency: Department of Education
SUBJECT: Operation of Public Pupil Transportation Services
Received by Lieutenant Governor March 21, 2000
Referred to Education Committee
Legislative Review Expiration July 19, 2000 (Subject to Sine Die Revision)
Senator LEATHERMAN introduced Dr. Steven R. Ross of Florence, S.C., Doctor of the Day.
On motion of Senator ALEXANDER, at 12:10 P.M., Senator RUSSELL was granted a leave of absence for today.
On motion of Senator RANKIN, at 12:00 Noon, Senator SHORT was granted a leave of absence for today.
Senator DRUMMOND rose for an Expression of Personal Interest.
S. 1042 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS SO AS TO ADD THE EMPLOYEES AND RETIREES OF CITY, COUNTY, REGIONAL, AND CONSOLIDATED HOUSING AUTHORITIES.
Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator PASSAILAIGUE, with unanimous consent, the name of Senator PASSAILAIGUE was added as a co-sponsor of S. 1042.
The following were introduced:
S. 1262 (Word version) -- Senators McConnell, Matthews, Patterson, Reese, Hayes, Jackson, Passailaigue and Saleeby: A BILL TO AMEND SECTION 38-3-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT TO FURNISH REPORTING FORMS TO DOMESTIC INSURERS; TO AMEND SECTION 38-5-90, AS AMENDED, RELATING TO REQUIREMENTS FOR ISSUANCE OF A CERTIFICATE OR LICENSE TO FOREIGN OR ALIEN INSURERS, SO AS TO DELETE THE REQUIREMENT THAT THE INSURER MUST EMPLOY PERSONS RESIDING IN THE STATE; TO AMEND SECTION 38-7-35, AS AMENDED, RELATING TO USES FOR TAX IMPOSED ON FIRE INSURERS, SO AS TO REQUIRE CERTAIN TAXES TO BE USED TO IMPLEMENT THE DIVISION OF FIRE AND LIFE SAFETY PROGRAM OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; SECTION 38-7-60, AS AMENDED, RELATING TO RETURNS OF PREMIUMS, SO AS
Read the first time and referred to the Committee on Banking and Insurance.
S. 1263 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ALLOWED FOR CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE AN ALTERNATIVE METHOD FOR DETERMINING THE FAIR MARKET VALUE OF A PHARMACEUTICAL COMPANY PROJECT WITH MORE THAN A FOUR HUNDRED MILLION DOLLAR INVESTMENT.
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Read the first time and referred to the Committee on Finance.
S. 1264 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 25-21-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND, SO AS TO ELIMINATE THEIR FUNCTION OF SERVING AS AN ADVISORY COMMITTEE TO THE VETERANS' AFFAIRS DIVISION; AND TO AMEND SECTION 25-21-30, RELATING TO THE DUTIES OF THE BOARD OF TRUSTEES AND SECTION 25-21-40, RELATING TO THE DISBURSEMENT FUNDS FROM THE VETERANS' TRUST FUND, BOTH SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES IS AUTHORIZED TO DECIDE HOW MONIES IN THE FUND MUST BE DISBURSED.
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Read the first time and referred to the General Committee.
S. 1265 (Word version) -- Senators Holland and Short: A BILL TO AMEND SECTION 15-78-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A STATE AGENCY OR POLITICAL SUBDIVISION BE NAMED AS PARTY DEFENDANT FOR THE LIABILITY OF AN EMPLOYEE UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT AN EMPLOYEE MAY BE JOINED AS A PARTY DEFENDANT, IN
Read the first time and referred to the Committee on Judiciary.
S. 1266 (Word version) -- Senator Ford: A BILL TO PROVIDE THAT THE CONFEDERATE BATTLE FLAG SHALL BE REMOVED FROM ATOP THE STATE HOUSE, FROM THE FRONT GROUND FLOOR FOYER OF THE STATE HOUSE, AND FROM THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES AND PLACED IN AN UNBREAKABLE GLASS DISPLAY CASE IN FRONT OF THE CONFEDERATE SOLDIER'S MONUMENT ON THE STATE HOUSE GROUNDS, TO PROVIDE THAT THE FIRST NATIONAL FLAG OF THE CONFEDERACY (STARS AND BARS) SHALL BE DISPLAYED AT THE WOMEN'S MONUMENT TO THE CONFEDERACY ON THE STATE HOUSE GROUNDS, AND TO PROVIDE THAT THE UNIVERSAL NEGRO IMPROVEMENT ASSOCIATION FLAG (BLACK LIBERATION FLAG) SHALL BE DISPLAYED AT THE AFRICAN-AMERICAN MONUMENT ON THE STATE HOUSE GROUNDS; AND TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-165 SO AS TO PROVIDE THAT ONLY THE UNITED STATES FLAG AND THE SOUTH CAROLINA STATE FLAG SHALL FLY ATOP THE STATE HOUSE, BE DISPLAYED IN THE FRONT GROUND
Senator FORD spoke on the Bill.
Senator LAND asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.
Senator McCONNELL objected.
Read the first time and referred to the Committee on Judiciary.
S. 1267 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO RECOGNIZE THE RECREATIONAL OPPORTUNITIES AND ECONOMIC IMPACT OF CAMPING AND TO DECLARE MARCH 20-26, 2000, AS CAMPING AWARENESS WEEK IN SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1268 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO ENDORSE THE RECOMMENDATIONS OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC) AND AMERICAN ACADEMY OF PEDIATRICS (AAP) FOR HEALTH CARE PROFESSIONALS REGARDING THE BEST PRACTICES FOR THE JUDICIOUS USE OF ANTIBIOTICS.
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Senator MOORE spoke on the Resolution.
On motion of Senator Moore, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 1269 (Word version) -- Senator Washington: A CONCURRENT RESOLUTION TO HONOR AND COMMEND REVEREND DR. THOMAS MARCUS DIXON ON HIS RETIREMENT AFTER MORE THAN FIFTY YEARS OF SERVICE TO HIS CHURCH AND HIS COMMUNITY.
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The Concurrent Resolution was adopted, ordered sent to the House.
H. 4790 (Word version) -- Reps. Townsend, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF C. ALLAN TINSLEY, OF COLUMBIA, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4794 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE AIKEN TECHNICAL COLLEGE KNIGHTS BASKETBALL TEAM OF AIKEN COUNTY ON ITS OUTSTANDING SEASON, ON CAPTURING THE NATIONAL JUNIOR COLLEGE ATHLETIC ASSOCIATION DIVISION II REGION 10 AND DISTRICT 7 CHAMPIONSHIPS, AND ON RECEIVING AN INVITATION TO COMPETE IN THE NATIONAL JUNIOR COLLEGE ATHLETIC ASSOCIATION DIVISION II NATIONAL TOURNAMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4795 (Word version) -- Reps. Kelley and Keegan: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS CAMPING AND CAMPING ACTIVITIES MAKE TO THE QUALITY OF LIFE IN OUR STATE AND TO DECLARE THE
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
H. 4796 (Word version) -- Reps. Meacham-Richardson, Delleney, Kirsh, McCraw, Moody-Lawrence and Simrill: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARE MARCH 28, 2000, "YORK COUNTY DAY".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4800 (Word version) -- Reps. Kennedy and Harvin: A CONCURRENT RESOLUTION CONGRATULATING VICKEY NEXSEN BOYD OF WILLIAMSBURG COUNTY ON HER ELECTION AS PRESIDENT OF THE SOUTH CAROLINA PRESS ASSOCIATION.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC MORTGAGE BROKERS ASSOCIATION to attend a reception at the Vista Brewing Company on Tuesday, March 28, 2000, from 6:00 until 7:30 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the COUNCIL OF CHAMBERS OF YORK COUNTY to attend a reception at the SC State Museum on Tuesday, March 28, 2000, from 7:30 until 9:30 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the TRANSPORTATION ASSOCIATION OF SC to attend a breakfast at the Clarion Town House on Wednesday, March 29, 2000, from 8:00 until 8:45 A.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC ASSOCIATION OF TOURISM REGIONS to attend a luncheon in Room 208 Blatt Bldg. on Wednesday, March 29, 2000, upon adjournment and lasting until 2:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from WILLY'S and the BLUE MARLIN to attend a reception at the Blue Marlin on Wednesday, March 29, 2000, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell
Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC SELF-INSURERS ASSOCIATION to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, March 29, 2000, from 8:00 until 10:00 A.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator DRUMMOND from the Committee on Finance polled out S. 1124 favorable:
S. 1124 (Word version) -- Senators Thomas, Anderson and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 10-1-220 AND 10-1-230, SO AS TO CREATE THE HERITAGE PARK ON THE STATE HOUSE GROUNDS, TO RELOCATE THE CONFEDERATE NAVAL JACK FLAG FLYING ABOVE THE STATE HOUSE DOME TO A SITE ON THE STATE HOUSE GROUNDS UNTIL THE DEDICATION OF THE PARK, TO RETURN THE FLAG TO THE STATE HOUSE DOME IF THE PARK IS NOT COMPLETED WITHIN TWO YEARS OF THIS
AYES
Drummond Land Leventis Thomas Patterson McGill Matthews Passailaigue Washington Reese Hayes
Peeler
Ordered for consideration tomorrow.
We voted to abstain on the question of the polling of S.1124 because we believe the Bill should have been referred to the Judiciary Committee.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 3419 (Word version) -- Reps. Klauber, Cooper, Lanford, Fleming, Taylor, Limehouse, Altman, Knotts, Hawkins, Loftis, Sandifer, Harrison, Lucas, Robinson, Witherspoon, Hinson, Vaughn, Keegan, Riser, Wilkins and Young-Brickell: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT BY ADDING CHAPTER 18 SO AS TO ENACT THE "SOUTH CAROLINA SHOOTING RANGE PROTECTION ACT OF 1999"; TO DEFINE "SHOOTING RANGE" AND "SUBSTANTIAL CHANGE IN USE"; TO REGULATE NUISANCE ACTIONS IN CONNECTION WITH THE ACQUISITION OF PROPERTY NEAR EXISTING SHOOTING RANGES, THE ESTABLISHMENT OF SHOOTING RANGES NEAR EXISTING PROPERTY, AND DORMANT SHOOTING RANGES; TO PROVIDE CONDITIONS AND LIMITATIONS FOR REGULATION OF NOISE CONTROL OF A SHOOTING RANGE BY COUNTY OR MUNICIPAL ORDINANCES; AND TO PROVIDE THAT THIS CHAPTER DOES NOT PROHIBIT A LOCAL GOVERNMENT FROM REGULATING THE LOCATION AND CONSTRUCTION OF A SHOOTING RANGE AFTER THE EFFECTIVE DATE OF THIS ACT.
Ordered for consideration tomorrow.
S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY,
The House returned the Bill with amendments.
On motion of Senator BRYAN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
S. 1254 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARE MARCH 28, 2000, "YORK COUNTY DAY".
Returned with concurrence.
Received as information.
S. 1255 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION HONORING THE WINTHROP UNIVERSITY EAGLES BASKETBALL TEAM ON ITS SECOND CONSECUTIVE BIG SOUTH CONFERENCE TOURNAMENT CHAMPIONSHIP.
Returned with concurrence.
Received as information.
S. 1261 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO CONGRATULATE LEGENDARY BASKETBALL COACH NELSON C. BROWNLEE AS HE LEADS THE CLAFLIN
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4723 (Word version) -- Reps. R. Smith, Clyburn, Sharpe and Perry: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY SO AS TO CHANGE THE NAME OF TOWN CREEK PRECINCT TO PINE FOREST PRECINCT.
S. 567 (Word version) -- Senators Land, Anderson, Courson, Elliott, Ford, Glover, Hutto, Jackson, Matthews, McGill, Moore, O'Dell, Passailaigue, Rankin, Reese, Saleeby, Setzler, Short, Washington, Wilson, Patterson, Branton, Courtney, Holland, Russell, Peeler, Grooms and Bauer: A BILL TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-EIGHT THE YEARS OF CREDITABLE SERVICE REQUIRED TO RETIRE AT ANY AGE WITHOUT PENALTY; TO AMEND SECTIONS 9-1-1515, 9-1-1660, AND 9-1-1770, AS AMENDED, AND 9-1-1850, AS AMENDED, RELATING TO EARLY RETIREMENT OPTIONS, ELECTION OF A BENEFIT ON THE INSERVICE DEATH OF A MEMBER, AND AMOUNTS DUE ESTATES OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PLAN, SO AS TO PROVIDE THAT THE ELECTION OF A MEMBER WITH TWENTY-FIVE YEARS' CREDITED SERVICE TO BUY SUFFICIENT CREDIT FOR SERVICE RETIREMENT APPLIES TO THE SOUTH CAROLINA RETIREMENT SYSTEM, UPDATE THE BENEFIT
On motion of Senator MESCHER, with unanimous consent, the name of Senator MESCHER was added as a co-sponsor of S. 567.
The following Bills and Joint Resolution, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
S. 1226 (Word version) -- Senators Patterson, Giese, Jackson and Courson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 20, 2000, MISSED BY THE STUDENTS OF A. C. FLORA HIGH SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT ONE FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A MALFUNCTION IN THE HEATING SYSTEM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Senator PATTERSON spoke on the Joint Resolution.
S. 1240 (Word version) -- Senators Fair and Bryan: A BILL TO AMEND SECTION 56-5-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTED ACTS OF THE DRIVER OF AN AUTHORIZED EMERGENCY VEHICLE OPERATING THE VEHICLE AT CERTAIN TIMES, SO AS TO ALLOW THE DRIVER TO DISREGARD OTHER TRAFFIC REGULATIONS AS WELL AS SPEED LIMITS UNDER CERTAIN CONDITIONS.
Senator FAIR explained the Bill.
H. 4340 (Word version) -- Reps. Breeland and Whipper: A BILL TO AMEND SECTION 56-3-8000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY ALSO BE ISSUED TO SOCIAL AND RECREATION CLUBS THAT HAVE OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(7) OF THE FEDERAL INTERNAL REVENUE CODE.
S. 338 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 7-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator GROOMS proposed the following amendment (338R001.LKG), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:
/ SECTION 1. Section 7-7-120 of the 1976 Code is amended to read:
"(A) In Berkeley County there are the following voting precincts:
(1) Alvin;
(2) Bethera;
(3) Bonneau;
(4) Boulder Bluff-Goose Creek No. 1;
(5) Boulder Bluff No. 2;
(56) Cainhoy;
(67) Carnes Cross Road;
(78) Cordesville;
(89) Cross;
(910) Devon Forest;
(1011) Eadytown;
(1112) Goose Creek High School No. 1;
(13) Goose Creek No. 2;
(14) Goose Creek No. 3;
(1215) Hanahan No. 1;
(16) Hanahan No. 2;
(17) Hanahan No. 3;
(18) Hanahan No. 4;
(1319) Hilton Cross Roads;
(1420) Howe Hall;
(1521) Huger;
(1622) Jamestown;
(1723) Lebanon;
(1824) Macedonia;
(1925) McBeth;
(2026) Moncks Corner No. 1;
(27) Moncks Corner No. 2;
(28) Moncks Corner No. 3;
(29) Moncks Corner No. 4;
(2130) Pimlico;
(2231) Pinopolis;
(2332) Russellville;
(2433) Sangaree No. 1;
(34) Sangaree No. 2;
(35) Sangaree No. 3;
(2536) Shulerville;
(2637) St. Stephen;
(2738) Stratford No. 1;
(39) Stratford No. 2;
(40) Stratford No. 3;
(41) Stratford No. 4;
(2842) Wassamassaw;
(2943) Westview-Goose Creek No. 3 No. 1;
(44) Westview No. 2;
(45) Westview No. 3;
(3046) Whitesville-Berkeley;
(3147) Absentee.
(B) The precinct lines defining the precincts provided in subsection (A) are as shown on the official map prepared by and on file with the Division of Research and Statistical Services of the State Budget and Control Board designated as document P-1595A P-1595B and as shown on certified copies of the official map provided by the division to the State Election Commission and the Board of Elections and Voter Registration of Berkeley County Board of Voter Registration.
(C) The polling places for the precincts provided in this section must be established by the Board of Elections and Voter Registration of Berkeley County Election Commission subject to the approval of a majority of the Senators and a majority of the House members of the Berkeley County Delegation."
SECTION 2. Upon approval by the Governor, this act takes effect November 15,2000. /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 986 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE TITLE, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE-WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO DRIVER'S LICENSE EXAMINATIONS AND ENDORSEMENTS ON LICENSES, SO AS TO PROVIDE FOR THREE-WHEEL MOTORCYCLE VEHICLE EXAMINATIONS AND TO PROVIDE FOR NONCOMMERCIAL ENDORSEMENTS ON A
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators LAND, LEATHERMAN and McGILL proposed the following amendment (986R001.JCL), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION at the end to read:
/ SECTION _____. Section 56-3-120 of the 1976 Code is amended to read:
"Section 56-3-120. The following vehicles are exempt from registration and licensing under this chapter:
(1) a vehicle driven, operated, or moved upon a highway pursuant to the provisions of this chapter relating to nonresidents or under temporary permits issued by the department as authorized;
(2) any implement of husbandry, including a knuckleboom loader mounted on a trailer or straight truck, whether of a type otherwise subject to registration and license which only incidentally is operated or moved upon a highway;
(3) a special mobile equipment vehicle which only occasionally is moved over a highway and special mobile equipment vehicle of the State or its departments, agencies, or political subdivisions; and
(4) a vehicle owned and operated by the government of the United States.;
(5) a trailer or semitrailer of a motor carrier as defined in Section 12-37-2810 for which the fee-in-lieu of taxes and registration requirements has been paid and a distinctive permanent plate has been issued pursuant to Section 12-37-2860.;
(6) four-wheel all terrain vehicles that are being used as a farm implement for pulling implements of husbandry or which is being operated in conjunction with farming operations. Such four-wheel all terrain vehicles may be operated during daylight hours only and must be operated by a person at least fifteen years of age. Additionally, such four-wheel all terrain vehicles must be operated on the shoulder of the highway whenever practicable. For purposes of this section, `daylight hours' is defined as between 6:00 a.m. and 6:00 p.m. or 8:00 p.m. during daylight savings time." /
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
H. 4716 (Word version) -- Reps. Altman, Campsen, Harrell and Limehouse: A BILL TO REQUIRE THE CHARLESTON COUNTY SCHOOL BOARD TO PROVIDE SUITABLE SPACE FOR VOTING PURPOSES, AT
On motion of Senator PASSAILAIGUE, H. 4716 was ordered to receive a third reading on Wednesday, March 22, 2000.
S. 1054 (Word version) -- Senators Grooms and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-132, SO AS TO ESTABLISH A NO WAKE ZONE ON THAT PORTION OF LAKE MOULTRIE LYING WITHIN ONE HUNDRED FEET OF THE ENTRANCE TO AND INCLUDING THE CANAL ADJACENT TO JACK'S HOLE AT BONNEAU BEACH.
H. 4139 (Word version) -- Reps. Barrett and Townsend: A BILL TO AMEND SECTION 56-1-2100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COMMERCIAL DRIVER LICENSE, SO AS TO ESTABLISH AN "S" ENDORSEMENT WHICH AUTHORIZES A PERSON TO DRIVE DEPARTMENT OF EDUCATION SCHOOL BUSES OR SCHOOL DISTRICT OWNED ACTIVITY BUSES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (SKB\18271SOM00), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION ( ). Section 56-1-2070(C)(1) of the 1976 Code, as amended by Act 258 of 1998, is amended to read:
"(1) active duty military personnel; and reservists and National Guard members who are on active duty members of the military reserve; members of the South Carolina National Guard who are on active duty, including personnel on full-time South Carolina National Guard duty; personnel on part-time South Carolina National Guard training and South Carolina National Guard Military technicians required to wear uniforms; and active duty military United States Coast
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 1130 (Word version) -- Senator Leventis: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION BY COUNTIES OF DOGS AND OTHER DOMESTIC PETS, SO AS TO, AMONG OTHER THINGS, MAKE THE ARTICLE SPECIFICALLY APPLICABLE TO CATS, PROVIDE FOR IMPOUNDING AND ADOPTION OF ANIMALS, INCREASE THE MAXIMUM PENALTY FOR VIOLATING SECTION 47-3-50, PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, PROVIDE THAT WHENEVER AN ANIMAL SHELTER ACCEPTS OR COMES INTO POSSESSION OF A DOG OR CAT, THE SHELTER IMMEDIATELY AND THOROUGHLY MUST SCAN THE ANIMAL FOR ANY IMPLANTED MICROCHIP, OR SIMILAR DEVICE, WHICH PROVIDES EVIDENCE OF OWNERSHIP AND, UPON FINDING THIS DEVICE, IMMEDIATELY MAKE A GOOD FAITH EFFORT TO CONTACT THE IDENTIFIED OWNER, AND PROVIDE FOR RELATED MATTERS; AND TO AMEND ARTICLE 7, CHAPTER 3 OF TITLE 47, RELATING TO ANIMAL EUTHANASIA, SO AS TO AMONG OTHER THINGS, REVISE THE PROVISIONS OF LAW REGARDING THE ALLOWABLE METHODS OF EUTHANASIA AND AUTHORIZE A CERTIFIED EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES TO ADMINISTER EUTHANASIA, INCREASE THE MAXIMUM PENALTIES FOR VIOLATIONS OF THIS ARTICLE, AND AUTHORIZE THE
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Agriculture and Natural Resources Committee proposed the following amendment (1130R001.PPL), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 3 of Title 47 of the 1976 Code is amended to read:
Section 47-3-10. For the purpose of this article the following terms, word or phrases shall have the meaning given herein:
(1) 'Animal' is defined as provided for in Chapter 1;
(2) 'Animal shelter' shall include includes any premises designated by the county or municipal governing body for the purpose of impounding, care, adoption, or destruction of dogs and cats held under authority of this article;
(3) 'Dog' shall include includes all members of the canine family four months or more of age, including foxes and other canines;
(4) A dog shall be is deemed to be 'running at large' if off the premises of the owner or keeper and not under the physical control of the owner or keeper by means of a leash or other similar restraining device;
(5) A dog shall be is deemed to be 'under restraint' if on the premises of its owner or keeper or if accompanied by its owner or keeper and under the physical control of such the owner or keeper by means of a leash or other similar restraining device.;
(6) 'Cat' includes all members of the feline family;
(7) A cat is deemed to be 'at large' if off the premises of the owner or keeper and not under the physical control of the owner or keeper;
(8) 'Vicious dog' shall be deemed to mean means any dog evidencing an abnormal inclination to attack persons or animals without provocation.
Section 47-3-20. The governing body of each county or municipality in this State may enact ordinances and promulgate regulations for the care and control of dogs, cats, and other domestic pets animals and to prescribe penalties for violations thereof.
Section 47-3-30. The governing body of the county or municipality is authorized to establish an animal shelter for the county or municipality for the purpose of impounding and quarantining dogs and cats and shall employ such personnel, including enforcement personnel, as may be necessary to administer the provisions of this article. Funds to establish and operate the shelter and employ necessary personnel shall must be provided in the annual county or municipal appropriations.
Section 47-3-40. The county or municipal animal shelter personnel or governmental animal control officers shall pick up and impound or quarantine any dog running at large or cat at large. To obtain release of his dog or cat, an owner or keeper must satisfy the animal shelter personnel that the dog or cat is currently inoculated against rabies and also pay a an impound or quarantine fee of twenty-five dollars determined by the governing body of the county or municipality. Payment of this fee shall bar bars prosecution under Section 47-3-50. All fees so collected shall must be delivered to the county or municipal treasurer for deposit in the general fund of the county or municipality.
Section 47-3-50. (A) It shall be is unlawful in any county or municipality adopting penalty provisions pursuant to the provisions of this article for any dog or cat owner or other keeper of a dog or cat to:
(a)(1) Allow his dog or cat to run at large off of property owned, rented, or controlled by him;
(b)(2) Keep a vicious or unruly dog unless under restraint by a fence, chain, or other means so that such the dog cannot reach persons not on land owned, leased, or controlled by him;
(c)(3) Release or take out of impoundment or quarantine without proper authority any dog or cat or resist county or municipal shelter personnel engaging in the capture and impoundment or quarantine of a dog. or cat.
(B) Any person who violates the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than fifty dollars for a first offense and not more than two hundred fifty dollars for each subsuquent offense.
Section 47-3-55. (A) If an animal shelter accepts or comes into possession of a dog or cat, the shelter immediately and thoroughly must scan the dog or cat for a tatoo, any implanted microchip, or similar device, which provides evidence of ownership and, upon finding it, immediately must make a good faith effort to contact the identified owner as required by Section 47-3-540.
(B) If an animal shelter or its officers, directors, or staff have made a good faith effort to comply with the provisions of subsection (A),
(C) If a dog or cat is adopted or redeemed from an animal shelter, a licensed veterinarian or an animal shelter employee under the direction of a licensed veterinarian may implant a microchip in the dog or cat adopted or redeemed. The animal shelter shall record the date the microchip was implanted, the name, address, and telephone number of the person adopting the dog or cat, an identification number unique to the dog or cat adopted, the name, address, and telephone number of the animal shelter that sheltered the dog or cat before adoption, and the date the dog or cat was adopted. The animal shelter must keep a record of all microchips implanted pursuant to this subsection.
(D) The animal shelter is not required to adhere to subsection (A), if the necessary scanner is not provided free of charge or at a reasonable cost as determined by the county or municipality.
Section 47-3-60. After any dog animal has been quarantined pursuant to South Carolina Rabies Control Act or impounded for twenty-one five days and is unclaimed by its owner, after the pound animal shelter employees have made a good faith effort to contact the identified owner as required by Section 47-3-540, the animal shelter employees, unless the dog or cat must be kept pending disposition of a criminal or civil trial involving the animal unless a hearing on the disposition of the animal is held prior to the trial may dispose of such the dog animal by adoption or by a humane form of destruction euthanasia or such the dogs animal may be turned over to any organization established for the purpose of caring for animals, such as the Humane Society. Complete records shall must be kept by shelter officials as to the disposition of all animals impounded.
Section 47-3-70. Nothing in this article shall may be construed to limit the power of any municipality within the or county to prohibit dogs or cats from running at large, whether or not they have been inoculated as herein provided in this article; nor shall anything and nothing in this article may be construed as to limit the power of any municipality or county to regulate and control further in such the county or municipality and to enforce other and additional measures for the restriction and control of rabies.
Section 47-3-75. (A) An animal delivered to a veterinarian, a dog kennel, a cat kennel, an animal hospital, another animal care facility, or to a person who boards domestic animals on the person's premises for a
(B) A person who boards animals of others pursuant to subsection (A) shall post written notice of the provisions of this section at the person's place of business.
(C) A person who fails to pick up an animal as provided for in subsection (A), who fails to pay his boarding fees in a timely manner, or who abandons an animal at an animal hospital, a dog kennel, a cat kennel, another animal care facility, or boarding facility is guilty of a misdemeanor and, upon conviction, may be imprisoned not more than thirty days or fined not more than two hundred dollars."
SECTION 2. Article 7, Chapter 3 of Title 47 of the 1976 Code is amended to read:
Animal Euthanasia and Tranquilization
Section 47-3-410. The term 'animal shelter' shall mean means any place or premises kept for the care, keeping, impounding, housing or boarding of stray, neglected, or abandoned animals any animal, whether such the premises are owned or operated by a municipality, county, private association, institution, humane organization or any other business or corporation.
Section 47-3-420. Only the following methods of euthanasia shall be used to kill dogs and cats impounded in animal shelters and the procedure applicable to the method selected shall be strictly followed:
1. Barbituric Acid Derivatives:
(a) Intravenous or intracardial injection of a lethal solution,
(b) Intraperitoneal injection of a lethal solution when location of an injection into the vein is difficult or impossible,
(c) Oral ingestion of powdered barbituric acid derivatives in capsules mixed with food or by manual administration.
2. Euthanasia Solution T-61 or other therapeutically equivalent solution approved for animal euthanasia by the American Veterinary Medicine Association and the Food and Drug Administration: Intravenous or intracardial injection of these solutions specifically according to the directions of the manufacturers for intravenous and intracardial injections. The solutions shall not be administered via
3. Carbon Monoxide Gas: Dogs and cats, except animals under eight weeks of age, may be killed by carbon monoxide gas administered in a tightly enclosed chamber. The chamber shall be equipped with:
(a) Internal lighting and a window providing direct visual surveillance of the collapse and death of any animal within the chamber.
(b) The gas concentration process must be adequate to achieve a carbon monoxide gas concentration throughout the chamber of at least five percent within five minutes after any animal is placed in the chamber. If chemical generation through the use of sodium formate and sulfuric acid is used, the generated carbon monoxide gas must have all irritating acid vapors filtered out by passing it through a ten percent solution of sodium hydroxide prior to its entry into the carbon monoxide chamber.
(c) If carbon monoxide gas generation is by combustion of gasoline in an engine, all of the following shall be satisfied:
(1) The engine shall be maintained in good operating condition.
(2) The engine shall be operated only at idling speed with the richest fuel-air mixture the choke permits.
(3) Prior to entry into the chamber, the exhaust gas shall be cooled so that it does not exceed 115 Fahrenheit.
(4) The chamber shall be equipped with accurate temperature gauges monitored closely by attendants or shall be equipped with an alarm system to assure that the internal temperature of the chamber does not exceed 90* Fahrenheit.
(5) Prior to entry into the chamber, the exhaust gas shall be first passed through an adequate water-gravel filtration process and subsequently through a cloth filtration process to remove irritants and carbon particles.
(6) The noise level from the engine shall not exceed 70 dBA when measured within the chamber.
(7) A flexible tubing or pipe at least twenty-four inches in length shall be placed between the chamber and the engine to minimize vibrations.
(8) The unit shall include a means for exhausting or bypassing internal combustion engine gas during the period of engine warm-up.
(9) The unit shall include an exhaust fan connected by a gas-tight duct to the outdoors capable of completely evacuating the gas from the chamber before it is opened after each use, except that this provision shall not apply to chambers located out-of-doors.
(d) Animals shall be left in the chamber for a period of no less than fifteen minutes from the time the gas concentration throughout the chamber reaches five percent.
4. Nitrogen Gas: Dogs and cats, except animals under four months of age may be killed by nitrogen gas provided:
(a) The nitrogen gas cabinet is equipped with a viewport providing direct visual surveillance of the collapse and death of any animal within the cabinet, and internal lighting unless the cabinet is equipped with a clear door.
(b) Every animal is placed in an individual container or compartment of the cabinet.
(c) The oxygen concentration within the cabinet is reduced to 1.5 percent or less by displacing air within the cabinet with nitrogen.
(d) The 1.5 percent reduction in oxygen concentration is reached within 45-50 seconds after the beginning of the cycle of operation and the animals are left within the cabinet at that concentration not less than ten minutes.
(e) Pregnant animals are left in the cabinet not less than twenty minutes.
In all instances where the carbon monoxide and nitrogen chambers are used:
(a) Neither incompatible or hostile animals, nor animals of different species shall be placed in any chamber simultaneously.
(b) Every chamber must be thoroughly cleaned after the completion of each full cycle. No live animals shall be placed in the chamber with dead animals.
(c) All animals must be examined by a veterinarian or other qualified person to ensure they are dead upon removal from chamber.
(d) All chambers shall be inspected quarterly by an independent qualified technician who is thoroughly knowledgeable with the operation and maintenance of the particular euthanasia chamber being used.
(e) An operational guide and maintenance instructions shall be displayed in the room with the euthanasia chamber.
5. Shooting: Shooting shall be used as a means of euthanasia only in an emergency situation to prevent extreme suffering or in which the safety of people or other animal life is threatened or where it is deemed necessary by the South Carolina Department of Natural Resources to eliminate or control the population of feral animals.
6. Inhalant Anesthetics: The animal to be killed shall be less than eight weeks old.
(a) The animal to be killed shall be placed in a cage. The cage shall be placed in an airtight chamber or in a transparent plastic bag which can be tightly sealed following introduction of the inhalant anesthetic.
(b) When using ether, halothane, fluothane, halocarbon, metofane or penthrane a veterinarian shall be consulted as to the amount of inhalant anesthetic to be used in relation to the size of the container. When using chloroform a two percent concentration within the chamber is required. To obtain a two percent concentration use a formula of 1.9 cubic centimeters (.068 ounce) per cubic foot of air space within the container or chamber.
(c) The inhalant anesthetic shall be placed on a piece of gauze or ball of cotton and inserted into the chamber or bag in such a position that the animal shall not be able to come in direct contact with it.
(d) The lid of the chamber or the top of the plastic bag shall be left open until the animal is anesthetized. When no movement is seen, the container shall be tightly sealed.
(e) The animal shall remain in the chamber or bag for a period of not less than twenty minutes.
(f) The room in which the inhalant anesthetic is administered shall have forced ventilation to remove all fumes after each use.
(g) The animal shall remain in the chamber or bag until rigor mortis has occurred.
(A) Only the following methods of euthanasia may be used to kill animals impounded or quarantined in animal shelters, and the procedure applicable to the method selected must be strictly followed:
(1) Barbituric acid derivatives:
(a) intravenous or intracardial injection of a lethal solution;
(b) intraperitoneal injection of lethal solution when location of an injection into the vein is difficult or impossible;
(c) oral ingestion of powdered barbituric acid derivatives in capsules mixed with food or by manual administration of a solution;
(d) intravenous injection of these solutions must be specifically injected according to the directions of the manufacturers for intravenous injections;
(e) intracardial injection of these solutions must only be administered if the animal has been tranquilized with an approved, humane substance and the animal, at the time of the intracardial injection, is anesthetized or comatose;
(f) the solutions may not be administered via intraperitoneal, intrathoracic, intrapulmonary, subcutaneous, intramuscular, intrarenal, intrasplenic, or intrathecal routes or in any other nonvascular injection route except as provided above;
(g) administration of injections must be done only by a licensed veterinarian or by a euthanasia technician or Department of Natural Resources employee, trained and certified for this purpose in a euthanasia training class taught by a licensed South Carolina veterinarian, which must include training in tranquilizing animals. A person certified pursuant to this subitem must continue to maintain his proficiency by successfully completing a training course taught by a licensed South Carolina veterinarian every five years;
(h) all injections must be administered using an undamaged hypodermic needle of a size suitable for the size and species of animal;
(i) an animal shelter, governmental animal control agency, or the Department of Natural Resources (department) may obtain a barbituric acid derivative or tranquilizing agent by direct licensing. The animal shelter, governmental animal control agency, or department must apply for a Controlled Substance Registration Certificate from the federal Drug Enforcement Administration (DEA) and a State Controlled Substances Registration from the Department of Health and Environmental Control (DHEC). If an animal shelter, governmental animal control agency, or the department is issued a certificate by the DEA and a registration by DHEC pursuant to this subitem, the animal shelter, governmental animal control agency director or his designee and the department's applicant are responsible, for maintaining their respective records regarding the inventory, storage, and administration of controlled substances. An animal shelter, governmental animal control agency, and its certified euthanasia technician and the department and its certified employees are subject to inspection and audit by DHEC and the DEA regarding the recordkeeping, inventory, storage, and administration of controlled substances used under authority of this article.
(2) Carbon monoxide gas:
(a) dogs and cats, except animals under sixteen weeks of age, may be killed by bottled carbon monoxide gas administered in a tightly enclosed chamber. The chamber must be equipped with:
(i) internal lighting and a window providing direct visual surveillance of the collapse and death of any animal within the chamber;
(ii) the gas concentration process must be adequate to achieve a carbon monoxide gas concentration throughout the chamber of at least six percent within five minutes after any animal is placed in the chamber. The chamber must have a functioning gas concentration gauge attached to the chamber and a strong airtight seal must be maintained around the door;
(iii) the unit shall include an exhaust fan connected by a gas-tight duct to the outdoors capable of completely evacuating the gas from the chamber before it is opened after each use, except that this provision does not apply to chambers located out-of-doors;
(iv) animals must be left in the chamber for a period of no less than fifteen minutes from the time the gas concentration throughout the chamber reaches six percent.
(b) no person may euthanize an animal by gas emitted from any engine exhaust system.
(c) in all instances where a carbon monoxide chamber is used:
(i) no incompatible or hostile animals, or animals of different species, may be placed in any chamber simultaneously;
(ii) every chamber must be thoroughly cleaned after the completion of each full cycle. No live animals may be placed in the chamber with dead animals;
(iii) all animals must be examined by a veterinarian or certified euthanasia technician to ensure they are dead upon removal from the chamber;
(iv) all chambers must be inspected quarterly by an independent, qualified technician who is thoroughly knowledgeable with the operation and maintenance of the particular euthanasia chamber being used;
(v) an operational guide and maintenance instructions must be displayed in the room with the euthanasia chamber.
(3) Shooting:
Shooting may be used as a means of euthanasia only in an emergency situation to prevent extreme suffering or in which the safety of people or other animal life is threatened or where it is considered
(B) In any of the previously listed methods, an animal may not be left unattended between the time euthanasia procedures have commenced and the time death occurs, and the animal's body may not be disposed of until death is confirmed by a certified euthanasia technician.
Section 47-3-430. The local Departments of Health and Environmental Control shall inspect any animal shelter in which dogs and cats are impounded and destroyed upon receipt of complaint by any citizen transmitted through any active state chartered nonprofit humane organization or bona fide chapter of a national humane organization. The inspection may include, but shall not be limited to, the methods of euthanasia employed by such facility. All animal shelters are subject to the provisions of Chapter 1 of Title 47.
Section 47-3-440. No person shall may kill any dog or cat animal impounded or quarantined in an animal shelter by any means except as provided by this article. Any person who violates the provisions of this article shall be deemed is guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days for each animal killed is subject to the penalty provisions in Chapter 1, Title 47 for each animal killed. The Attorney General of South Carolina may bring an action to enjoin a violation of this article.
Section 47-3-450. The provisions of this article shall do not apply to persons engaged in scientific endeavors by institutions of higher education."
SECTION 3. Any training required of personnel employed on the effective date of this act, which training is necessary to bring the employee into compliance with the provisions of this act, must be completed within eighteen months of the effective date of this act.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
Senator BAUER spoke on the Bill.
S. 1253 (Word version) -- Invitations Committee: A SENATE RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, AND THE HONORABLE EUGENE N. ZEIGLER TO ADDRESS THE SENATE AT 11:30 A.M. ON WEDNESDAY, APRIL 19, 2000, IN THE SENATE CHAMBER.
The Senate Resolution was adopted.
S. 1208 (Word version) -- Senators O'Dell, J. Verne Smith, Land, Bryan, Patterson, Matthews, Waldrep, Anderson, Mescher, McConnell, Leventis, Peeler, Thomas, Drummond, Reese, Giese, Short, Branton, Hutto, Wilson, McGill, Elliott, Passailaigue, Ravenel, Martin, Richardson, Saleeby, Washington, Alexander, Moore, Setzler, Glover, Hayes and Bauer: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH BY ADDING CHAPTER 130, ENACTING THE SOUTH CAROLINA SENIORS' PRESCRIPTION DRUG PROGRAM ACT, SO AS TO ESTABLISH A PROGRAM ADMINISTERED BY THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE FINANCIAL ASSISTANCE IN PURCHASING PRESCRIPTION DRUGS TO RESIDENTS OF THIS STATE WHO HAVE ATTAINED AGE SIXTY-FIVE YEARS WHO ARE INELIGIBLE FOR MEDICAID OR ANY OTHER PRESCRIPTION DRUG BENEFITS AND WHOSE ANNUAL INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL, TO DEFINE "PRESCRIPTION DRUG" FOR PURPOSES OF THE PROGRAM, AND TO REQUIRE SEMIANNUAL REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY FOR THE EVALUATION OF THE PROGRAM.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
At 12:52 P.M., Senator PEELER 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 a mutually convenient time today.
There was no objection and a message was sent to the House accordingly.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3699 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATION OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES.
Senator RYBERG moved that the Joint Resolution be made a Special Order.
Senator DRUMMOND moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Bryan Drummond Elliott Ford Holland Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Rankin Reese Saleeby Setzler Washington
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hayes Leatherman Martin McConnell Mescher Peeler Ravenel
Richardson Ryberg Thomas Waldrep Wilson
The Senate stood adjourned.
On motion of Senator BAUER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Adam Ewing of Chapin, S.C.
At 1:00 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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