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"Section 20-7-3300. Records and information of the department pertaining to juveniles are confidential as provided in Section 20-7-780. However, where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit information and records to another department, or agency, or school district of state or local government, or to a school district or to a private institution or facility licensed by the State as a child serving organization, where the information is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. If requested, records a juvenile has been adjudicated and committed to the Department of Juvenile Justice for having committed:

(1) a violent crime as defined in Section 16-1-60;

(2) a crime in which an illegal weapon was used;

(3) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or

(4) an alcohol-related offense for which the penalty is more than one year, the record and information provided to a public or private school by the Department of Juvenile Justice must include in the case of an individual who has been adjudicated for having committed a violent crime, as defined in Section 16-1-60, the unlawful use of possession of a weapon, assault and battery of a high and aggravated nature, or the unlawful sale of drugs whether or not it is considered to be drug trafficking, a copy of, and, if requested, information pertaining to that person's juvenile criminal record. A request for The department must provide the information must be in writing from to the principal of the school the juvenile is attending or seeking to attend and must contain the juvenile's name, address, and social security number as contained in the records of the school district. If a juvenile has been adjudicated and committed to the Department of Juvenile Justice for such an offense enumerated in this section, the person's juvenile criminal record must be provided by the Department of Juvenile Justice to the principal of the school which the juvenile is eligible to attend immediately upon the person's release from the Department of Juvenile Justice. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is

SECTION 35. All references in this act to a violent crime as defined in Section 16-1-60 of the 1976 Code is the definition existing on this act's effective date or the definition as may be amended after this act's effective date.

SECTION 36. Section 17-22-60 of the 1976 Code, as last amended by Act 499 of 1992, is further amended to read:

"Section 17-22-60. (A) Intervention shall be is appropriate only where:

(1) The offender is seventeen years of age or older;

(2)(1) there is substantial likelihood that justice will be served if the offender is placed in an intervention program;

(3)(2) it is determined that the needs of the offender and the State can better be met outside the traditional criminal justice process;

(4)(3) it is apparent that the offender poses no threat to the community;

(5)(4) it appears that the offender is unlikely to be involved in further criminal activity;

(6)(5) the offender, in those cases where it is required, is likely to respond quickly to rehabilitative treatment;

(7)(6) the offender has no significant history of prior delinquency or criminal activity.;

(8)(7) The offender has not previously been accepted in a pretrial intervention program.

(B) When jurisdiction in a case involving a child sixteen years of age or older is acquired by the circuit court pursuant to Section 14-21-540 of the 1976 Code, the provision of item (1) of subsection (A) of this section shall not be applicable."

SECTION 37. This act takes effect on July 1, 1994, except the following take effect July 1, 1995:

(1) Section 5;

(2) Section 11;

(3) Section 13;

(5) Sections 22, 23, 24, 25, and 26;

(6) Sections 59-66-70(A), (B), (C), (D), (E), (F), (H), (I), and (J)./

Renumber sections to conform.

Amend title to conform.

Rep. HODGES moved to table the amendment, which was agreed to.

The Bill was read the second time and ordered to third reading.

The following Bill was taken up.

S. 1232 -- Judiciary Committee: A BILL TO AMEND ARTICLE 9, CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF TRAINING AND CONTINUING EDUCATION UNDER THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO MAKE THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AN ADVISORY COUNCIL, TO DEVOLVE THE FUNCTIONS OF THE COUNCIL UPON THE DEPARTMENT OF PUBLIC SAFETY AND THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, TO REVISE THE MEMBERSHIP OF THE TRAINING COUNCIL, AND TO MAKE CONFORMING CHANGES THROUGHOUT THE ARTICLE.

Rep. HODGES moved to table the Bill, which was agreed to.

The following Bill was taken up.

H. 5223 -- Reps. Rudnick, Huff, Sharpe, R. Smith, Spearman and Stone: A BILL TO PROVIDE FOR THE AUTHORIZED TAX MILLAGE TO BE LEVIED FOR THE OPERATIONS OF THE SCHOOL DISTRICT OF AIKEN COUNTY FOR THE YEAR 1994.

Rep. R. SMITH moved to table the Bill, which was agreed to.

The following Bill was taken up.

H. 4361 -- Reps. Stuart, Snow, Vaughn, Quinn, Allison, Waites, Marchbanks and Inabinett: A BILL TO AMEND THE CODE OF LAWS

Rep. STUART moved to table the Bill, which was agreed to.

The following Bill was taken up.

H. 4196 -- Reps. Harvin and Whipper: A BILL TO ENACT THE "SOUTH CAROLINA SALE OF CHECKS ACT", PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT BY THE DEPARTMENT OF CONSUMER AFFAIRS, AND PROVIDE FOR RELATED MATTERS, INCLUDING A LICENSING PROCEDURE AND THE PROMULGATION OF REGULATIONS.

Rep. WHIPPER moved to table the Bill, which was agreed to.

The following Bills were taken up, read the second time, and ordered to a third reading:

S. 1312 -- Senator Land: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ENTERING SATISFACTION OF MORTGAGES, SO AS TO PERMIT SATISFACTION OF MORTGAGES RECORDED IN COUNTERPARTS BY SATISFACTIONS EXECUTED IN COUNTERPARTS.

S. 967 -- Senators Ryberg and Leventis: A BILL TO AMEND SECTION 12-51-96, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEMPTION OF MOBILE AND MODULAR HOMES AFTER DELINQUENT TAX SALES, SO AS TO PROVIDE FOR A MAXIMUM AMOUNT THAT MAY BE CHARGED AS RENT WHEN AN OWNER REDEEMS A MOBILE OR MODULAR HOME.

On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that S. 1312 be read the third time tomorrow.

Rep. BOAN moved to adjourn debate upon the following Joint Resolution, which was adopted.

S. 1113 -- Senators Mescher and Rose: A JOINT RESOLUTION TO GRANT THE DEPARTMENT OF REVENUE AND TAXATION THE DISCRETIONARY AUTHORITY TO DELAY IMPLEMENTATION OF SECTION 22 OF ACT 164 OF 1993 IF REQUESTED BY A COUNTY GOVERNING BODY AND TO PROVIDE THAT THE DELAY AND IMPLEMENTATION MAY NOT EXTEND BEYOND JANUARY 1, 1995.

The following Bill was taken up.

S. 894 -- Senators Hayes, Giese, Lander and Washington: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF DRIVER INVOLVED IN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO INCREASE THE PENALTIES FOR LEAVING THE SCENE OF AN ACCIDENT WHEN DEATH RESULTS.

Rep. MARTIN proposed the following Amendment No. 1 (Doc Name L:\Council\Legis\Amend\WWW\30247DW.94).

Amend the bill, as and if amended, page 2, line 5, by striking /ten/ and inserting /two/, line 10, by striking /twenty-five/ and inserting /five/.

Amend title to conform.

Rep. MARTIN explained the amendment.

Rep. SCOTT moved to table the Bill.

Rep. SIMRILL demanded the yeas and nays, which were not ordered.

The House refused to table the Bill by a division vote of 8 to 53.

Reps. SCOTT, HOLT, ANDERSON, NEAL and FELDER objected to the Bill.

The following Bill was taken up.

H. 3599 -- Rep. Davenport: A BILL TO AMEND SECTION 59-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER WHO REPRESENTS THE INTEREST OF PERSONS WITH MULTIPLE HANDICAPS.

Rep. DAVENPORT moved to table the Bill, which was agreed to.

Rep. KIRSH moved to reconsider the vote whereby debate was adjourned on the following Joint Resolution, which was agreed to.

S. 1113 -- Senators Mescher and Rose: A JOINT RESOLUTION TO GRANT THE DEPARTMENT OF REVENUE AND TAXATION THE DISCRETIONARY AUTHORITY TO DELAY IMPLEMENTATION OF SECTION 22 OF ACT 164 OF 1993 IF REQUESTED BY A COUNTY GOVERNING BODY AND TO PROVIDE THAT THE DELAY AND IMPLEMENTATION MAY NOT EXTEND BEYOND JANUARY 1, 1995.

Rep. BOAN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6118HTC.94), which was adopted.

Amend the joint resolution, as and if amended, in SECTION 1, page 1, line 23, by striking /May 3/ and inserting /July 1/.

Amend title to conform.

The Joint Resolution, as amended, was read the second time and ordered to third reading.

The following Bill was taken up.

S. 897 -- Senator Reese: A BILL TO AMEND SECTION 16-3-1070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING, SO AS TO INCREASE THE PENALTIES.

Rep. DAVENPORT moved to adjourn debate upon the Bill.

Rep. HODGES explained the Bill.

The Bill was read the second time and ordered to third reading.

The following Bill was taken up.

H. 4778 -- Reps. G. Bailey, J. Wilder, J. Bailey, Richardson, Fulmer, Kennedy, Hallman, Canty, Law, Wofford, H. Brown, Inabinett, Sharpe, Cobb-Hunter, Elliott, Moody-Lawrence, Askins, Worley, Holt, Townsend, McMahand, Davenport, G. Brown, Simrill, A. Young, R. Smith, Littlejohn, Jaskwhich, Stone, Rhoad, Mattos, Stuart, Boan, Govan, Sturkie, Chamblee, McKay, McLeod, Farr, Williams, Hines, Neilson, Hutson, Wells, J. Harris, Allison, Phillips, M.O. Alexander, Walker, Gamble, Marchbanks, Whipper, Houck, Keegan, Witherspoon, Spearman, Klauber, D. Wilder, Neal, Cato, Shissias, Baker, McCraw, Vaughn, Breeland, Kirsh, Wilkes, Barber, Haskins, Fair, Stille, Harrell, Lanford, Wright, Graham, D. Smith, White, Meacham, T.C. Alexander, Carnell, Tucker, Waites, Trotter, Kelley, Stoddard, Robinson, P. Harris, Koon, Riser and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 3, TITLE 15, SO AS TO ENACT THE VOLUNTEER SERVICE PROTECTION ACT, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY BASED UPON A VOLUNTEER'S ACTION IN CONNECTION WITH HIS DUTIES FOR CERTAIN ORGANIZATIONS, AND TO PROVIDE DEFINITIONS.

Rep. STURKIE moved to table the Bill, which was agreed to.

The following Bill was taken up.

S. 782 -- Senators Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 43-7-60, 43-7-70, 43-7-80, AND 43-7-90 SO AS TO PROVIDE FOR THE CRIMES OF MEDICAL ASSISTANCE PROVIDER FRAUD AND MEDICAL ASSISTANCE RECIPIENT FRAUD AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO MAKE IT UNLAWFUL FOR A PROVIDER OF MEDICAL ASSISTANCE, GOODS, OR SERVICES UNDER THE STATE'S MEDICAID PROGRAM TO FAIL TO MAINTAIN SEPARATE ACCOUNTS FOR

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1300DW.94), which was adopted.

Amend the bill, as and if amended, page 4, line 35, by striking /one year/ and inserting /three years/.

Amend further, page 5, by striking lines 8 through 30, which read:

/(B) The Attorney General is authorized to issue subpoenas and subpoenas duces tecum, to a person the Attorney General reasonably believes has information relevant to an investigation of alleged or suspected violations of this chapter. The Attorney General may administer oaths and affirmations and take statements under oath of a person the Attorney General reasonably believes has information relevant to an investigation under this section.

(C) In the event a person fails or refuses to comply with a subpoena or subpoena duces tecum under this section, the Attorney General, or his designee, may petition the court of common pleas for an order compelling the person's immediate compliance with the subpoena or subpoena duces tecum. In addition to other orders, the court may issue an ex parte order to prevent destruction, mutilation, modification, removal, or other tampering with records requested under a subpoena duces tecum. A person who fails to comply with an order issued under this section may be punished for contempt./

Amend further, page 5, line 31, by striking /(D)/ and inserting /(B)/.

Amend further, page 6, line 7, by adding after /entity./ /Any immunity granted in this subsection is deemed transactional immunity./

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Amend the bill, as and if amended, page 5, by striking Section 43-7-90 of the 1976 Code as contained in SECTION 1 and inserting:

/"Section 43-7-90. The Attorney General has the authority and responsibility to investigate and initiate appropriate action for alleged or suspected violations of Sections 43-7-60 through 43-7-80."/

Renumber sections to conform.

Amend title to conform.

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

Rep. HUTSON proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\16358AC.94), which was adopted.

Amend the bill, as and if amended, by adding appropriately numbered sections to read:

/SECTION . The 1976 Code is amended by adding:

"Section 44-7-325. (A) A health care facility, as defined in Section 44-7-130, and a health care provider licensed pursuant to Title 40 may charge a fee for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per request plus actual postage and applicable sales tax. However, no fee may be charged for records copied at the request of a health care provider or for records sent to a health care provider at the request of the patient for the purpose of continuing medical care. The facility or provider may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication.

(B) Except for those requests for medical records pursuant to Section 42-15- 95:

(1) A health care facility shall comply with a request for copies of a medical record no later than forty-five days after the patient has been discharged or forty-five days after the request is received, whichever is later.

(2) Nothing in this section may compel a health care facility to release a copy of a medical record prior to thirty days after discharge of the patient."

"(5) charge for copies of medical records or other records provided more than fifty cents per page, except that a minimum charge of ten dollars for furnishing copies of these records is authorized to be charged by insurers or health care providers. in the case of a health care facility, as defined in Section 44-7-130, and a health care provider licensed pursuant to Title 40, charge a fee for:

(a) the search for and duplication of a medical record, in excess of sixty- five cents per page for the first thirty pages and fifty cents per page for all other pages;

(b) searching and handling a medical record in excess of fifteen dollars per request plus actual postage and applicable sales tax;

(c) records copied at the request of a health care provider or for records sent to a health care provider at the request of a patient for the purpose of continuing medical care;

(d) more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication."

SECTION . Section 42-15-95 of the 1976 Code, as last amended by Act 476 of 1990, is further amended to read:

"Section 42-15-95. All existing information compiled by a treatment health care facility, as defined in Section 44-7-130, or a physician health care provider licensed pursuant to Title 40 pertaining directly to a workers' compensation claim must be provided to the insurance carrier, the employer, the employee, their attorneys, or the South Carolina Workers' Compensation Commission, within fourteen days after receipt of written request. The cost for receiving this information is fifty cents a page, with a minimum charge of ten dollars. Actual postage costs, if any, also must be paid for receiving the information. A health care facility and a health care provider may charge a fee for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per request plus actual postage and applicable sales tax. The facility or provider may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication. If a treatment facility or physician fails to send the requested information within forty-five days after receipt of the request, the person or entity making the request may

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