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| S. 1107 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 1648, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1255 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO INVESTIGATIONS AND HEARINGS HELD BY THE COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1733, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1187 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACADEMIC REQUIREMENTS FOR ADDING INSTRUCTIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1680, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4554 -- Reps. Kirsh, Haskins, Harvin, Davenport, Robinson, Barber, Vaughn and Wells: A BILL TO AMEND SECTION 55-11-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF RULES AND REGULATIONS GOVERNING THE USE OF ROADS, STREETS, AND PARKING FACILITIES ON LANDS OF THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO DELETE A REFERENCE TO A REQUIREMENT TO FILE SUCH RULES AND REGULATIONS IN THE OFFICE OF THE SECRETARY OF STATE.
S. 130 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-200 SO AS TO PROHIBIT HAZING AT STATE UNIVERSITIES, COLLEGES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TO PROVIDE PENALTIES.
S. 1220 -- Senator Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-585 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION, ON THE REQUEST OF AN INTEREXCHANGE TELECOMMUNICATIONS CARRIER OR ON ITS OWN MOTION, MAY CONSIDER, IN LIEU OF THE PROCEDURES OUTLINED IN CHAPTER 9, TITLE 58, ALTERNATIVE MEANS OF REGULATING THAT CARRIER, AND PROVIDE FOR RELATED MATTERS.
The following Bill was taken up.
H. 4047 -- Reps. D. Wilder, Barber, Moody-Lawrence, Hines, Stille, Haskins, J. Wilder, Cato, Trotter, Marchbanks, Stoddard, J. Bailey, P. Harris, Allison, Harrell, H. Brown, Lanford and Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 18 SO AS TO CREATE THE STATE BOARD OF ELECTROLOGISTS, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE LICENSING REQUIREMENTS; TO AUTHORIZE THE ESTABLISHMENT OF CONTINUING EDUCATION REQUIREMENTS; AND TO PROVIDE FEES AND PENALTIES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15938AC.94), which was adopted.
Amend the bill, as and if amended, Section 40-18-40, page 3, line 28, by deleting /board/ and inserting /the Department of Labor, Licensing and Regulation/.
Amend further, by deleting Section 40-18-200 and inserting:
/Section 40-18-200. A person aggrieved by a final decision of the board may
appeal to an administrative law judge pursuant to Article 5, Chapter 23, Title
1./
/Section . Section 1-30-65(C) of the 1976 Code, as added by Act 181 of 1993, is amended by adding in the appropriate place alphabetically:
"Electrologists Board provided for at Section 40-18-5, et seq."/
Amend further by amending the title to read:
/TO AMEND TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 18 SO AS TO CREATE THE STATE BOARD OF ELECTROLOGISTS, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE LICENSING REQUIREMENTS; TO AUTHORIZE THE ESTABLISHMENT OF CONTINUING EDUCATION REQUIREMENTS; AND TO PROVIDE FEES AND PENALTIES./
Renumber sections to conform.
Amend title to conform.
Rep. D. WILDER explained the amendment.
The amendment was then adopted.
Rep. FAIR proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\15967AC.94).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION . The 1976 Code is amended by adding:
"Section 44-29-240. A person, upon whom an invasive, exposure prone procedure, as defined by the Department of Health and Environmental Control, is scheduled to be performed, should know his HIV antibody, HBsAg, and HBeAg status and disclose the status to the health care professionals rendering care so that precautionary measures may be taken. A person, upon whom an invasive, exposure prone procedure is scheduled to be performed, who does not know his status should have his blood tested for the presence of HIV or HBV so as to protect the health care professionals rendering care. For purposes of this section `health care professional' includes an electrologist."/
Renumber sections to conform.
Amend title to conform.
Rep. FAIR explained the amendment.
The following Bill was taken up.
H. 4327 -- Reps. Rudnick, Harvin and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1275 SO AS TO PROVIDE THAT AT THE OPTION OF THE PERSON TO WHOM A VEHICLE IS LEFT BY A DECEASED SPOUSE, THE LICENSE PLATE ON THAT VEHICLE MAY BE RETAINED ON THE VEHICLE BY THE NEW OWNER AND TO PROVIDE FOR THE REREGISTRATION OF THE VEHICLE IN THE NEW OWNER'S NAME; AND TO AMEND SECTION 56-3-900, RELATING TO REFUNDS OF REGISTRATION FEES, SO AS TO PROVIDE FOR REFUNDS WHEN A VEHICLE IS SOLD DURING THE REGISTRATION PERIOD.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5602HTC.94).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 9, Chapter 3, Title 56 of the 1976 Code is amended by adding:
"Section 56-3-1275. In lieu of the provisions of Sections 56-3-1260 and 56-3-1270, when the owner of a registered and licensed vehicle dies and his ownership in the vehicle, by will or operation of law, is bequeathed to the owner's spouse, the spouse has the option of retaining the license tag attached to that vehicle. To do so, the spouse shall notify the department in writing within thirty days of receipt of the vehicle, giving his name, address, and the date of death of the former owner. In that case, the license plate issued for the vehicle shall remain attached to the vehicle, except that the registration card must be returned concurrently to the department with an application for transfer to and reregistration in the new owner's name.
The department, upon being furnished with sufficient proof that the applicant
is the spouse of the deceased owner and is the new owner of the vehicle, shall
record the transfer and issue a new registration card to the new owner. A
charge of six dollars may be made by the department for every such transfer and
reregistration.
SECTION 2. This act takes effect on the first day of the second month following approval by the Governor./
Amend title to conform.
Rep. RUDNICK explained the amendment and moved to adjourn debate upon the Bill until Thursday, April 7, which was adopted.
The following Bill was taken up.
H. 4580 -- Reps. Davenport, Littlejohn, Walker, Allison, Moody-Lawrence, R. Young, Byrd, Quinn and Fair: A BILL TO AMEND SECTION 59-20-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPENDING PRIORITIES UNDER THE EDUCATION FINANCE ACT, SO AS TO DELETE CERTAIN PROVISIONS WHICH REQUIRE EARLY CHILDHOOD AND ACADEMIC ASSISTANCE INITIATIVE PLANS TO CONTAIN MEASURES OF EFFECTIVENESS WHICH INCLUDE OUTCOME AND PROCESS INDICATORS OF IMPROVEMENT AND TO CONTAIN SPECIFIC INNOVATION INITIATIVES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20564SD.94).
Amend the bill, as and if amended, in Section 59-20-60(3) of the 1976 Code as contained in SECTION 1 beginning on line 3 of page 2 by striking /Measures of effectiveness must include outcome and process indicators of improvement and must provide data regarding what difference the strategies have made./ and inserting /Measures of effectiveness must include outcome and process indicators academic standards of improvement and must provide data regarding what difference the strategies have made./
When amended the Section 59-20-60(3) of the 1976 Code shall read:
/(3) Each school district board of trustees shall cause the district and each school in the district to develop comprehensive five-year plans with annual updates to outline the District and School Improvement Plans. Districts which have not begun a strategic planning cycle must do so and develop a plan no later than the 1994-95 school year. Districts which have undertaken such a planning process may continue in their planning
The State Board of Education shall recommend a format for the plans which will be flexible and adaptable to local planning needs while encompassing certain state mandates, including the early childhood and academic assistance initiative plans pursuant to Section 59-139-10. All district and school plans must be reviewed and approved by the board of trustees. The District Plan should integrate the needs, goals, objectives, strategies, and evaluation methods outlined in the School Plans. Measures of effectiveness must include outcome and process indicators academic standards of improvement and must provide data regarding what difference the strategies have made. Staff professional development must be a priority in the development and implementation of the plans and must be based on an assessment of needs. Long and short-range goals, objectives, strategies, and time lines need to be included./
Amend the bill further, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Section 59-20-60(4) of the 1976 Code, as last amended by Act 135 of 1993, is further amended to read:
/(4) Each plan shall provide for an Innovation Initiative, designed to encourage innovative and comprehensive approaches based on strategies identified in the research literature to be effective. The Innovation Initiative must be utilized by school districts to implement innovative approaches designed to improve student learning and accelerate the performance of all students. Funds may be expended on strategies in one or more of the following four categories:
(a) new approaches to what and how students learn by changing schooling in ways that provide a creative, flexible, rigorous, relevant, academic, and challenging education for all students, especially for those at risk. Performance-based outcomes which support a pedagogy of thinking and active approaches for learning must be supported;
(b) applying different teaching methods permitting professional educators at every level to focus on educational academic success for all students and on critical thinking skills and providing the necessary support for educational academic successes are encouraged;
(c) redefining how schools operate resulting in the decentralization of
authority to the school site and allowing those closest to the students the
flexibility to design the most appropriate education location and practice;
Funds for the Innovation Initiative must be allocated to districts based upon a fifty percent average daily membership and fifty percent pursuant to the Education Finance Act formula. At least seventy percent of the funds must be allocated on a per school basis for school based innovation in accord with the District-School Improvement Plan. Up to thirty percent may be spent for district-wide projects with direct services to schools. District and school administrators must work together to determine the allocation of funds.
For 1993-94, districts and schools may use these funds for designing their Innovation Initiatives to be submitted to the peer review process established in Section 59-139-10 prior to implementation of the innovations in 1994-95. Notwithstanding any other provisions of law, districts may carry over all unexpended funds in 1993-94, and up to twenty-five percent of allocated funds each year thereafter in order to build funds for an approved program initiative./
Amend title to conform.
Rep. JASKWHICH explained the amendment and moved to adjourn debate upon the Bill until Tuesday, April 12, which was adopted.
Rep. BOAN moved to adjourn debate upon the following Joint Resolution until Thursday, April 7, which was adopted.
H. 4974 -- Reps. Boan and Hodges: A JOINT RESOLUTION PROVIDING THE USE OF FUNDS AND MAKING APPROPRIATIONS FROM PRUDENTIAL BACHE SETTLEMENT REVENUES.
The following Bill was taken up.
H. 4884 -- Rep. McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
Rep. KOON moved to adjourn debate upon the Bill until Wednesday, April 13.
The following Bill was taken up.
H. 4561 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-27-45 SO AS TO PROVIDE FOR A STATUTE OF LIMITATIONS ON POST CONVICTION RELIEF APPLICATIONS AND TO PROVIDE FOR APPLICATIONS SEEKING RETROACTIVE APPLICATION OF JUDICIAL DECISIONS.
Rep. HODGES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20740SD.94), which was adopted.
Amend the bill, as and if amended, in Section 17-27-45 of the 1976 Code, as contained in SECTION 1, by striking subsection (A) and inserting:
/(A) An application for relief filed pursuant to this chapter must be filed within one year after the entry of judgment of conviction or within one year after the sending of the remittitur to the lower court from an appeal or the filing of the final decision upon an appeal./; by striking /two years/ on line 34, page 1, and inserting /one year/; and by striking /two years/ on line 39, page 1, and inserting /one year/.
Renumber sections to conform.
Amend totals and title to conform.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HASKINS moved that the House do now adjourn.
Rep. VAUGHN demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Bailey, G. Baxley Beatty Boan Brown, H. Carnell Clyborne Fulmer Graham Hallman Harrell Harwell Haskins Holt Inabinett Jaskwhich Jennings Martin Mattos McAbee McCraw McMahand Robinson Sharpe Snow Spearman Stille Trotter Wilder, J. Wilkes Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, J. Baker Barber Breeland Brown, G. Byrd Cato Chamblee Cobb-Hunter Corning Davenport Farr Gamble Gonzales Govan Harrelson Harris, J. Harrison Harvin Hines Houck Huff Keegan Kelley Keyserling Kinon Koon Lanford McKay McTeer Meacham Moody-Lawrence Neal Neilson Quinn Rhoad
Richardson Riser Rudnick Sheheen Shissias Simrill Smith, R. Stoddard Stuart Sturkie Thomas Tucker Vaughn Waldrop Walker Wells Whipper White Wilder, D. Wofford Young, A.
So, the House refused to adjourn.
The following Bill was taken up.
H. 3233 -- Reps. Rudnick, Harrison, Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-970 AND 38-77-980 SO AS TO PROVIDE THAT NO INSURANCE COMPANY AND NO AGENT OR ADJUSTER FOR THE COMPANY THAT ISSUES OR RENEWS ANY POLICY OF INSURANCE COVERING ANY MOTOR VEHICLE MAY REQUIRE OR RECOMMEND THAT ANY PERSON INSURED UNDER THAT POLICY USE A PARTICULAR COMPANY OR LOCATION FOR THE PROVIDING OF AUTOMOBILE GLASS REPLACEMENT OR REPAIR SERVICES OR PRODUCTS INSURED BY THAT POLICY, AND PROVIDE FOR RELATED MATTERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9062JM.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 38-77-970. No insurer, agent, adjuster, or motor vehicle physical damage appraiser may require that any insured or third-party claimant use a particular automobile glass repair facility as a condition precedent to the payment of an insurance claim.
All employees of an insurer, its agents, adjusters, or motor vehicle physical damage appraisers representing an insurer in an investigation, adjustment, and/or appraisal of an insurance claim must identify
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