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S. 21 -- Senator Mescher: A BILL TO AMEND CHAPTER 29, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR REGISTRATION OF TATTOO ARTISTS AND TATTOO PARLORS BY PROVIDING FOR DEFINITIONS, REGISTRATION AND RENEWAL REQUIREMENTS AND FEES, MINIMAL STANDARDS, TATTOOING AND STERILIZING PROCEDURES, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INSPECTIONS, REGISTRATION DENIAL, REVOCATION, OR SUSPENSION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-17-700, RELATING TO TATTOOING, SO AS TO CHANGE THE CRIMINAL OFFENSE PROHIBITING ALL TATTOOING TO ALLOW TATTOOING OF THOSE EIGHTEEN YEARS OF AGE OR OVER.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.

The Medical Affairs Committee proposed the following amendment (PFM\7956AC.96), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 16-17-700 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-17-700. (A) It is unlawful for a person to tattoo:

(1) any part of the body of another person under the age of eighteen;

(2) part of the head, face, or neck of another person;

(3) a person without following the November 15, 1985, Centers for Disease Control document (MMWR Volume 34, Number 45) entitled `Recommendations for Preventing Transmission of Infection with Human T-Lymphotropic Virus Type III/Lymphadenopathy-Associated Virus in the Workplace' as it applies to personal service workers or equivalent guidelines developed by the Department of Health and Environmental Control and appropriate supplements or revisions to this document or these guidelines.

(B) However, it is not unlawful for a licensed physician or surgeon to tattoo part of a patient's the body of a person of any age if in his the

(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both."

SECTION 2. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

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.

S. 68 -- Senators McConnell, Rose and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-340 SO AS TO PROVIDE IMMUNITY FROM LIABILITY FOR A TECHNICAL EXPERT PROVIDING ADVICE AND ASSISTANCE TO A COUNTY OR OTHER POLITICAL SUBDIVISION DURING THE COURSE OF A HAZARDOUS MATERIALS EMERGENCY AND TO PROVIDE EXCEPTIONS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.

The Medical Affairs Committee proposed the following amendment (JIC\5376AC.96), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 15-78-30(c) of the 1976 Code, as last amended by Act 380 of 1994, is further amended to read:

"(c) Prior to January 1, 1989, `Employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political

On or after January 1, 1989, `Employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, including, but not limited to, technical experts whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator MOORE explained the amendment.

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.

S. 956 -- Senator Rankin: A BILL TO AMEND SECTION 61-9-312, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL VERSION OF A SPECIAL RETAIL BEER AND WINE PERMIT FOR OFF-PREMISES CONSUMPTION, SO AS TO REVISE THE MANNER IN WHICH A CERTAIN PORTION OF THE REVENUE GENERATED BY THE PERMIT FEES SHALL BE USED.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator RANKIN explained the Bill.

On motion of Senator RANKIN, with unanimous consent, the Bill was read the second time, with notice of general amendments and ordered placed on the third reading Calendar.

H. 3532 -- Reps. Wright, H. Brown, Cato, Cooper, Fulmer, Harvin, Harwell, Keegan, Knotts, Koon, Wilkins and A. Young: A BILL TO AMEND TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENTS, GAMES, AND ATHLETIC CONTESTS BY ADDING CHAPTER 19 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN A ROLLER SKATING ACTIVITY CAUSED BY AN INHERENT RISK OF ROLLER SKATING.

Senator HOLLAND 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 second reading of the Bill.

On motion of Senator HOLLAND, with unanimous consent, the Bill was read the second time, with notice of general amendments and ordered placed on the third reading Calendar, carrying over all amendments.

The following Bill and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

H. 4493 -- Rep. McTeer: A BILL TO AMEND SECTION 44-93-210, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO THE

H. 4524 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO RETAIL FOOD STORE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1900, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4361 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Cain, Shissias, T. Brown, J. Brown, Jennings, Harvin, Carnell, Rogers and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-36-325 SO AS TO DIRECT THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER TO DEVELOP A GRANT PROGRAM TO ASSIST WITH PROBLEMS RELATIVE TO THIS DISEASE AND TO REQUIRE THE GRANT RECIPIENT TO PROVIDE MATCHING FUNDS OR IN-KIND CONTRIBUTIONS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.

The Medical Affairs Committee proposed the following amendment (GJK\22452AC.96), which was adopted:

Amend the bill, as and if amended, in Section 44-36-325 of the 1976 Code, page 1, line 28, by deleting /center/ and inserting /Alzheimer's Disease and Related Disorders Resource Coordination Center/; and by deleting on line 28, /on/ and inserting /regarding/

Renumber sections to conform.

Amend title to conform.

S. 981 -- Senators Giese, Passailaigue, Glover, Wilson, Lander, Rose, Leatherman, Elliott, Mescher and Washington: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING IN CONJUNCTION WITH THE HEALTH CARE PLANNING AND OVERSIGHT COMMITTEE, THE STATE DEPARTMENT OF HEALTH AND HUMAN SERVICES, THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, AND THE DEPARTMENT OF REVENUE AND TAXATION TO STUDY THE EFFECT OF INMIGRATION ON HEALTH CARE COSTS AND OTHER AGING NETWORK SERVICES AND TAX POLICIES RELATIVE TO INMIGRANTS AND TO SUBMIT A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 1997.

On motion of Senator J. VERNE SMITH, the Resolution was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator BRYAN spoke on the Bill.

Senator PASSAILAIGUE proposed the following Amendment No. 4 (1117R017.ELP), which was adopted:

Amend the bill, as and if amended, page 4, by striking lines 38 through 40, and inserting in lieu thereof the following:

/guidelines. Funds under this chapter will be withheld until a school district has assisted with and complied with this survey. This comprehensive survey shall serve as the basis for a/

Amend the bill further, as and if amended, page 5, line 15, by inserting after the / . / the following:

/Any standardized cost allowances must take into account regional variances that are beyond the control of individual districts./

Amend the bill further, as and if amended, page 9, by striking lines 4 and 5 and inserting the following:

/Section 59-144-260. Funds may be withheld from a district until it has complied with the requirements of Section 59-144-120 to receive funds/

Amend title to conform.

Senator BRYAN spoke on the amendment.

The amendment was adopted.

Senators PASSAILAIGUE, McGILL, O'DELL, RICHTER, SHORT, ROSE and McCONNELL proposed the following Amendment No. 6 (1117R018.ELP), consideration of which was delayed pending a Ruling on the Point of Order:

Amend the bill, as and if amended, page 14, after line 14, by adding an appropriately numbered new SECTION to read:

/SECTION . Section 59-122-20 of the 1976 Code, as amended by Act 102 of 1989, is further amended to read:

"Section 59-122-20. (A) The board is authorized to acquire and maintain, by construction and purchase, such student and faculty housing and auxiliary facilities as it determines to be necessary, appropriate, or convenient to assist in the proper and efficient operation of The Citadel. The board is further authorized to undertake the renovation, refurbishment, or rehabilitation of any of its student and faculty housing and auxiliary facilities as it considers appropriate. In connection with this acquisition or renovation, the board also is authorized to acquire equipment, furnishings, and machinery as are necessary or desirable for the efficient and proper use of the facilities.

Amend title to conform.

Senator SETZLER raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator PASSAILAIGUE spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

Senator CORK moved that the Bill be carried over.

Senator SETZLER objected.

Senator FAIR proposed the following Amendment No. 5 (PT\2268DW.96):

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. This section is known and may be cited as the "South Carolina Children's Education Endowment Act of 1996".

SECTION 2. Chapter 143 of Title 59 of the 1976 Code, as added by Section 82, Part II of Act 145 of 1995, is amended to read:

Section 59-143-10. There is hereby established the South Carolina Educational Assistance Children's Education Endowment Fund. The revenue received pursuant to Section 48-48-140(C) must be deposited by the State Treasurer in a fund separate and distinct from the state general fund entitled the `Educational Assistance Children's Education Endowment Fund'. All interest or income earned by the fund shall be retained in the fund and used for its stated purposes which are to provide funding for Public School Facilities Assistance and Higher Education Scholarship

Section 59-143-20. The board in its discretion may accumulate the principal and income of each program's funds, may disburse a portion or all of each program's annual or accumulated principal or income, and may for purposes of Public School Facilities Assistance cause to be issued revenue bonds as provided by law the debt service on which may be paid from that program's funds. All principal and income of each program's funds may be carried forward from fiscal year to fiscal year and used for that program's purposes."

SECTION 3. Title 59 of the 1976 Code is amended by adding:

Section 59-144-10. Funds available from the Children's Education Endowment Fund, as established in Chapter 143 of this title, must be used for public school facilities assistance as provided in this chapter.

Section 59-144-20. For the benefit of the people of the State and the increase of their commerce, welfare, and prosperity, it is essential that the school districts of this State be assisted in obtaining adequate school facilities to assist youth in achieving the required levels of learning. It is the purpose of this chapter to provide a measure of assistance to the school districts of this State in securing the facilities and structures which are needed to accomplish the goals and purposes of public education, all to the public benefit and good, to the extent and manner provided in this chapter.

Section 59-144-30. Funds made available through this chapter must be used for permanent school instructional facilities and fixed equipment including the costs for construction, improvement, enlargement, or renovation of public school facilities. The district may use its allocation

Section 59-144-100. (A) Funds made available under this chapter must be allocated annually to the school districts as follows:

(1) sixty percent of the funds allocated annually to the several school districts for facilities' needs must be allocated on a per pupil basis using the weighted pupil units of each district for the preceding year;

(2) forty percent must be allocated according to the preceding year's Education Finance Act (EFA) formula;

(3) a district's annual allotment must be the sum of the two amounts calculated as provided in this subsection. Funds from a district's allotment shall be made available as needed once approval is received from the State Board of Education pursuant to Chapter 23 of this title.

(B) The Department of Juvenile Justice, the Wil Lou Gray Opportunity School, the John de la Howe School, and the South Carolina School for the Deaf and the Blind also shall be annually allocated funds from the Children's Education Endowment Fund for facilities needs on a per pupil basis using weighted pupil units for one hundred percent of their allocations. For purposes of these allocations only, all pupils of these schools are considered K-12 pupils.

(C) Notwithstanding the provisions of Section 59-143-10 and this chapter, from the funds made available under this chapter from the public school facilities assistance allocation:

(1) Three million dollars annually for two consecutive years beginning with Fiscal Year 1996-97 must be allocated to the Governor's School for the Arts;

(2) Five million dollars annually for three consecutive years beginning with Fiscal Year 1996-97 must be allocated to the Governor's School for Math and Science; and

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