SENATE JOURNAL for Apr. 27, 2000 - South Carolina Legislature Online

South Carolina General Assembly
113th Session, 1999-2000
Journal of the Senate

Thursday, April 27, 2000

(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words of St. Paul again to the Corinthians, Chapter 2:9:

"What no eye has seen, nor ear heard, nor the human heart

conceived,

What God has prepared for those that love Him... these

things God has revealed to us through the Spirit, for the

Spirit searches everything..."
Let us pray.

Our Father, we bring to Your Throne of Grace the Caggiano family as they gather at this hour for the funeral of Your servant, Louis Vincent Caggiano, Jr. Provide in a special way the strength of Your Presence and Power, especially to Sybil and their children, each according to each one's need. May they experience THE PEACE OF GOD THAT PASSES ALL UNDERSTANDING.

As for us here, Lord, we find the process tedious... tiring... and troubling!

We do not seek to avoid our problems but equip us to handle them, fulfilling the words of St. John when he said (John 16:13):

"Howbeit when He, the Spirit of truth, is come,

He will guide you into all truth."
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable James H. Hodges:

Local Appointments

Initial Appointment, Fairfield County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Jerry Reed, 664 Loch Lane, Jenkinsville, S.C. 29065 VICE T. Leon Thompson

Initial Appointment, Sumter County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

Daisy M. Moore, Post Office Box 41, Pinewood, S.C. 29125

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2457
Agency: Department of Health and Environmental Control
SUBJECT: Septic Tank Site Evaluation Fees
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration Tolled
Senate Medical Affairs Committee Requested Withdrawal
April 26, 2000
120 Day Period Tolled
Withdrawn and Resubmitted April 27, 2000

Doctor of the Day

Senator GIESE introduced Dr. Leo L. Walker of Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator MOORE, at 11:30 A.M., Senator SHORT was granted a leave of absence for today.

Expression of Personal Interest

Senator RAVENEL rose for an Expression of Personal Interest.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1365 (Word version) -- Senators Jackson, Anderson, Hayes and Giese: A CONCURRENT RESOLUTION ACKNOWLEDGING THE NEED FOR INCREASED AWARENESS AND UNDERSTANDING OF
MENTAL ILLNESS AND RECOGNIZING MAY AS MENTAL HEALTH MONTH.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1366 (Word version) -- Senators Elliott, Rankin, Alexander, Anderson, Bauer, Branton, Bryan, Courson, Courtney, Drummond, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Ravenel, Reese, Richardson, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 38 AND INTERSTATE HIGHWAY 95 IN DILLON COUNTY THE "MARION H. KINON INTERCHANGE".
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The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Concurrent Resolution.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 44; Nays 0

AYES

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                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Ravenel
Reese                     Richardson                Russell
Ryberg                    Saleeby                   Setzler
Smith, J. Verne           Thomas                    Waldrep
Washington                Wilson

Total--44

NAYS

Total--0

The Concurrent Resolution was adopted, ordered sent to the House.

H. 4743 (Word version) -- Reps. D. Smith and Rodgers: A BILL TO ENACT THE "SAFE HAVEN FOR ABANDONED BABIES ACT" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-85 SO AS TO REQUIRE A HOSPITAL OR HOSPITAL OUTPATIENT FACILITY TO TAKE POSSESSION OF A CHILD VOLUNTARILY DELIVERED BY THE CHILD'S PARENT WHEN THE PARENT DID NOT EXPRESS AN INTENT TO RETURN FOR THE CHILD; TO PROVIDE ANONYMITY FOR THE PARENT AND CHILD BUT TO ALLOW THE HOSPITAL OR FACILITY TO REQUEST MEDICAL INFORMATION; TO REQUIRE THE HOSPITAL OR FACILITY TO NOTIFY THE DEPARTMENT OF SOCIAL SERVICES THAT A CHILD HAS BEEN TAKEN INTO POSSESSION; TO REQUIRE THE DEPARTMENT TO PROVIDE FOR THE CARE AND CUSTODY OF THE CHILD; AND TO GRANT A PARENT IMMUNITY FROM PROSECUTION FOR UNLAWFUL CONDUCT OR CRUELTY TOWARDS A CHILD OR ANY OTHER VIOLATION FOR LEAVING THE CHILD IF THE PARENT LEAVES THE CHILD WITH THE HOSPITAL OR FACILITY PERSONNEL, THE CHILD IS NO MORE THAN THIRTY DAYS OLD, AND THE CHILD HAS NOT SUSTAINED ANY PHYSICAL HARM OR INJURY.

Read the first time, and on motion of Senator MOORE, with unanimous consent, ordered placed on the Calendar without reference.

H. 4752 (Word version) -- Reps. J. Brown, Cobb-Hunter, Wilkins, Cotty, McCraw, Edge, Hayes, Fleming, Phillips, Lourie, Allen, Askins, Bailey, Barfield, Battle, Bowers, Breeland, G. Brown, T. Brown, Canty, Carnell, Cato, Chellis, Dantzler, Emory, Frye, Gamble, Gilham, Gourdine, Harris, Hawkins, J. Hines, M. Hines, Hinson, Hosey, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Klauber, Koon, Law, Limehouse, Lloyd, Mack, Martin, W. McLeod, McMahand, Moody-Lawrence, J.H. Neal, Ott, Parks, Riser, Rodgers, Rutherford, Seithel, Sharpe, Simrill, R. Smith, Stille, Stuart, Taylor, Wilder, Young-Brickell, Miller and Robinson: A BILL TO AMEND SECTION 40-33-950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INACTIVE LICENSE STATUS FOR NURSES, SO AS TO CREATE A VOLUNTEER LICENSE FOR RETIRED NURSES TO USE IN DONATING THEIR SERVICES TO CHARITABLE ORGANIZATIONS.

Read the first time and referred to the Committee on Medical Affairs.

H. 4921 (Word version) -- Reps. Inabinett, Allen, Allison, Bailey, Barrett, Bowers, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Carnell, Clyburn, Cooper, Dantzler, Edge, Gilham, Gourdine, Govan, Hamilton, Harrison, Haskins, Hawkins, Hayes, J. Hines, Hinson, Hosey, Howard, Keegan, Kelley, Kirsh, Knotts, Koon, Leach, Lee, Littlejohn, Lloyd, Loftis, Mack, Maddox, McMahand, Miller, J.H. Neal, J.M. Neal, Parks, Phillips, Pinckney, Rhoad, Robinson, Rodgers, Sandifer, Scott, Tripp, Walker, Whatley, Whipper, Wilder, Witherspoon and W. McLeod: A CONCURRENT RESOLUTION TO MEMORIALIZE AND URGE THE CONGRESS OF THE UNITED STATES TO INVEST IN RURAL AMERICA'S FUTURE AND REVAMP THE NATION'S FARM AND RURAL POLICIES TO ENSURE NO ONE IS LEFT BEHIND DURING THIS TIME OF HISTORIC PROSPERITY BY PASSING A FARM BILL THAT WILL ADDRESS THE NEEDS OF FARMERS, RANCHERS, AND RURAL COMMUNITIES IDENTIFIED BY THE RECENT "RALLY FOR RURAL AMERICA".

The Concurrent Resolution was introduced and referred to the Committee on Agriculture and Natural Resources.

H. 4926 (Word version) -- 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 ESTABLISHMENT INSPECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2458, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4970 (Word version) -- Reps. Battle and M. Hines: A BILL TO AMEND ACT 607 OF 1986, AS AMENDED, RELATING TO THE MARION COUNTY BOARD OF EDUCATION, SO AS TO AUTHORIZE THE BOARD TO ACQUIRE SCHOOL BUILDINGS AND OTHER FACILITIES RELATING TO SCHOOL DISTRICT OPERATIONS, AND TO ALLOW THIS ACQUISITION BY MEANS OF A LEASE PURCHASE AGREEMENT.

Read the first time and ordered placed on the Local and Uncontested Calendar without reference.

H. 4972 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS.

Read the first time and ordered placed on the Local and Uncontested Calendar without reference.

H. 4974 (Word version) -- Reps. Keegan and Miller: A BILL TO AMEND ACT 876 OF 1966, AS AMENDED, RELATING TO THE CREATION OF THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT IN GEORGETOWN AND HORRY COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO PROVIDE EMERGENCY MEDICAL SERVICES WITHIN ITS BOUNDARIES UNDER CERTAIN CIRCUMSTANCES.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 4986 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION CONGRATULATING NEW EBENEZER BAPTIST CHURCH OF RICHLAND COUNTY UPON THE CELEBRATION OF ITS NINETIETH ANNIVERSARY.

The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEES

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

H. 3029 (Word version) -- Rep. Mason: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 75 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF REGROOVED AND REGROOVABLE TIRES.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3870 (Word version) -- Reps. J. Smith, Harrison, Altman, Bailey, Bales, Campsen, Dantzler, Davenport, Edge, Emory, Harvin, Hayes, Keegan, Kelley, Lloyd, Lourie, Mack, Martin, McGee, Ott, Sandifer, Sharpe and Stuart: A BILL TO AMEND CHAPTER 25, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AGAINST PERSONS CONVICTED OF CRIME, BY ADDING ARTICLE 5 SO AS TO ENACT THE "SOUTH CAROLINA NOTORIETY FOR PROFIT ACT" WHICH SHALL PROVIDE PROCEDURES FOR THE RECOVERY OF PROFITS OBTAINED OR GENERATED FROM THE COMMISSION OF A CRIME BY ELIGIBLE PERSONS OR BY THE STATE OFFICE OF VICTIM ASSISTANCE AND TO REPEAL SECTIONS 15-59-40 THROUGH 15-59-80, RELATING TO MONEYS PAID INTO COURT.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 4304 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 40-57-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF REAL ESTATE BROKERS-IN-CHARGE AND MANAGERS-IN-CHARGE, SO AS TO CLARIFY CERTAIN CIRCUMSTANCES UNDER WHICH A TRUST ACCOUNT MUST BE ESTABLISHED AND MAINTAINED.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 4378 (Word version) -- Reps. Bailey and Littlejohn: A BILL TO AMEND TITLE 10, CHAPTER 5, ARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSTRUCTION AND RENOVATION OF PUBLIC BUILDINGS AND OTHER PROJECTS, SO AS TO STATUTORILY ADOPT THE AMERICAN NATIONAL STANDARDS INSTITUTE CODE AND TO CHANGE TERMINOLOGY TO CONFORM TO THIS CODE; TO PROVIDE THAT ONE MEMBER OF THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN MUST BE A BUILDING OFFICIAL AND TO MAKE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AN EX OFFICIO MEMBER; TO PROVIDE THAT THE BOARD IS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO CLARIFY PROCEDURES FOR THE REVIEW AND APPROVAL OF BUILDING PLANS SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES; AND TO DELETE PROVISIONS PERTAINING TO BUILDING CODE EXCEPTIONS, ENFORCEMENT, AND CRIMINAL PENALTIES SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

H. 4392 (Word version) -- Rep. Wilkes: A BILL TO AMEND CHAPTER 6 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF AUCTIONEERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF AUCTIONEERS.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., April 26, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4558 (Word version) -- Reps. J. Smith, Lourie, Hawkins and Klauber: A BILL TO AMEND SECTION 25-1-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF OATHS BY OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT, IN ADDITION TO BEING AUTHORIZED AND EMPOWERED TO ADMINISTER OATHS AND AFFIRMATIONS IN ALL MATTERS PERTAINING TO OR CONCERNING THE NATIONAL GUARD OF SOUTH CAROLINA, ALL COMMISSIONED AND WARRANT OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD ARE AUTHORIZED AND EMPOWERED TO ACT AS A NOTARY IN ACCORDANCE WITH THE PROVISIONS OF, THE UNITED STATES CODE, AND THIS SECTION; AND TO AMEND CHAPTER 1, TITLE 25, RELATING TO COMMISSIONED AND WARRANT OFFICERS, BY ADDING SECTION 25-1-635, SO AS TO PROVIDE THAT NATIONAL GUARD LEGAL ASSISTANCE ATTORNEYS MAY RENDER LEGAL ASSISTANCE TO THE IMMEDIATE FAMILY MEMBERS AND DEPENDENTS OF MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD WHEN, IN THE OPINION OF THE LEGAL ASSISTANCE OFFICER, SUCH LEGAL ASSISTANCE ENHANCES THE OVERALL MOBILIZATION READINESS OF A MEMBER OF THE NATIONAL GUARD AND TO PROVIDE FOR THE SCOPE OF PRACTICE, DUTIES, AND LIMITATIONS OF LEGAL ASSISTANCE ATTORNEYS AND JUDGE ADVOCATES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCE

S. 1363 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION RECOGNIZING THE LIFE AND GOOD WORKS OF MISS BETTY J. ALVERSON OF GREENVILLE AND EXPRESSING THE APPRECIATION AND RESPECT OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA FOR THE CONTRIBUTIONS AND LEADERSHIP SHE HAS PROVIDED TO FURMAN UNIVERSITY'S COLLEGIATE EDUCATIONAL SERVICE CORPS ON THE OCCASION OF HER RETIREMENT.

Returned with concurrence.

Received as information.

S. 1365 (Word version) -- Senators Jackson, Anderson, Hayes and Giese: A CONCURRENT RESOLUTION ACKNOWLEDGING THE NEED FOR INCREASED AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND RECOGNIZING MAY AS MENTAL HEALTH MONTH.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bill and Joint Resolution were read the third time and having received three readings in both Houses, ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4962 (Word version) -- Rep. Fleming: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF NOVEMBER 1, 1999, MISSED BY STUDENTS OF JONESVILLE ELEMENTARY SCHOOL IN THE SCHOOL DISTRICT OF UNION COUNTY FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO WATER PROBLEMS 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.

By prior motion of Senator PEELER, with unanimous consent

H. 4966 (Word version) -- Reps. Maddox, Allen, Martin and Townsend: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.

HOUSE BILLS RETURNED

The following House Bill and Joint Resolution were read the third time and ordered returned to the House with amendments:

H. 4336 (Word version) -- Reps. Harrell, Wilkins, Allison, Altman, Barfield, Barrett, Beck, H. Brown, Campsen, Cato, Chellis, Cooper, Dantzler, Easterday, Edge, Gamble, Gilham, Hamilton, Harrison, Haskins, Hinson, Kelley, Kirsh, Klauber, Knotts, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, McKay, Perry, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Simrill, D. Smith, R. Smith, Townsend, Tripp, Vaughn, Walker, Whatley, Witherspoon, Woodrum, Young-Brickell, Fleming, McGee and Meacham-Richardson: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.

By prior motion of Senator MATTHEWS, with unanimous consent

H. 4710 (Word version) -- Reps. Harrison, Knotts and Whatley: A JOINT RESOLUTION TO CREATE A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE MANY PROBLEMS CONFRONTING LOCAL JAILS TO INCLUDE: WAYS TO REDUCE THE NUMBER OF PENDING CASES ON THE CRIMINAL COURT DOCKET AND THE PROSECUTION PROCESS; FINANCIAL SUPPORT FOR CONSTRUCTION AND EXPANSION OF JAILS; CONTROL OVER THE GROWING COSTS OF HOUSING INMATES AND PROVIDING FOR THEIR MEDICAL CARE; MORE AND BETTER TRAINING AND HIGHER SALARIES FOR CORRECTIONAL OFFICERS; AND ALTERNATIVES TO INCARCERATION FOR LESSER CRIMES AND OTHER MEANS TO ALLEVIATE OVERCROWDING; TO PROVIDE FOR THE TASK FORCE MEMBERSHIP; AND TO REQUIRE THE TASK FORCE REPORT ITS RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY BEFORE FEBRUARY 1, 2001, AT WHICH TIME THE TASK FORCE IS ABOLISHED.

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 1359 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-31 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON THAT PORTION OF LAKE MARION KNOWN AS POTATO CREEK WITHIN TWO HUNDRED YARDS OF THE SHORELINE WITHOUT WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, TO PROHIBIT BAITING IN THIS PORTION OF LAKE MARION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

By prior motion of Senator LAND, with unanimous consent

S. 257 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-870 SO AS TO PROVIDE LIMITATIONS ON THE AMOUNT OF COMPENSATION THAT MAY BE PAID TO POLL WATCHERS AND OTHERS PROVIDING ELECTION DAY ACTIVITIES ON BEHALF OF CANDIDATES OR COMMITTEES, AND TO PROVIDE EXCEPTIONS TO THOSE LIMITATIONS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO RECIPIENTS AND REVIEW OF CERTIFIED CAMPAIGN REPORTS SO AS TO REQUIRE THE STATE ETHICS COMMISSION TO FORWARD A COPY OF ALL CAMPAIGN REPORTS TO THE CLERK OF COURT OF THE COUNTY OF RESIDENCE OF THE PERSON REQUIRED TO FILE WITHIN TWO DAYS OF RECEIPT OF THE REPORT, AND TO PROVIDE THE STATE ETHICS COMMISSION MUST REVIEW ALL STATEMENTS FOR INADVERTENT AND UNINTENTIONAL ERRORS OR OMISSIONS; TO AMEND SECTION 8-13-1366, AS AMENDED, RELATING TO PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS SO AS TO ELIMINATE THE REQUIREMENT THAT CERTIFIED CAMPAIGN REPORTS BE MADE AVAILABLE FOR PUBLIC INSPECTION AT THE OFFICE OF THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 8-13-1372, AS AMENDED, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS SO AS TO PROVIDE THAT THE STATE ETHICS COMMISSION RATHER THAN THE STATE ELECTION COMMISSION MAY DETERMINE THAT ERRORS AND OMISSIONS ON CAMPAIGN REPORTS ARE INADVERTENT AND UNINTENTIONAL, AND THAT THE STATE ETHICS COMMISSION MAY ASSESS A TECHNICAL VIOLATIONS PENALTY NOT TO EXCEED FIFTY DOLLARS.

Senator HAYES asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

Senator MOORE explained the Bill.

S. 669 (Word version) -- Senator Leatherman: A BILL TO AMEND TITLE 48, CHAPTER 27, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF FORESTERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO FURTHER DEFINE AND CLARIFY THE PRACTICE OF FORESTRY AND TO REVISE PROCEDURES FOR USE OF AN ESCROW ACCOUNT.

S. 1009 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 7-13-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS TO BE PROVIDED WHERE VOTING MACHINES ARE NOT USED, SO AS TO PROVIDE THAT FOR EACH VOTING PLACE WHERE VOTING MACHINES ARE USED THERE MUST BE A NUMBER OF BALLOTS NOT TO EXCEED TEN PERCENT OF THE REGISTERED QUALIFIED VOTERS AT THE VOTING PLACE; TO FURTHER PROVIDE THAT THERE MUST BE PROVIDED FOR EACH VOTING PLACE AS MANY FAILSAFE BALLOTS, OR BALLOTS CONTAINING ONLY THE RACES FOR FEDERAL, STATEWIDE, COUNTYWIDE, AND MUNICIPAL OFFICES AS ARE EQUAL TO NO MORE THAN FIVE PERCENT OF THE REGISTERED QUALIFIED VOTERS AT THE VOTING PLACE; TO AMEND SECTION 7-13-1680, RELATING TO NUMBER, TYPE, USE, REPAIR, AND CUSTODY OF VOTING MACHINES, SO AS TO PROVIDE THAT THE GOVERNING BODY OF ANY COUNTY OR MUNICIPALITY PROVIDING VOTING MACHINES AT POLLING PLACES MUST PROVIDE FOR EACH POLLING PLACE AT LEAST ONE VOTING MACHINE FOR EACH TWO HUNDRED FIFTY REGISTERED VOTERS RATHER THAN THREE HUNDRED FIFTY REGISTERED VOTERS; TO AMEND SECTION 7-13-1750, RELATING TO PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO PROVIDE THAT A VOTING MACHINE MAY BE LOCKED OR SEALED; TO AMEND SECTION 7-13-1770, RELATING TO THE DUTIES OF MANAGERS PRIOR TO OPENING THE POLLS, SO AS TO DELETE A PROVISION WHICH PROVIDES THAT THE MANAGERS OF ELECTION SHALL HAVE THE VOTING MACHINES, BALLOTS, AND STATIONERY DELIVERED TO THEM FOR THE ELECTIONS, AND TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1880, RELATING TO PLACEMENT OF VOTING MACHINES IN POLLING PLACES, SO AS TO PROVIDE THAT MANAGERS MUST LOCK OR SEAL VOTING MACHINES AS SOON AS THE POLLS ARE CLOSED; TO AMEND SECTION 7-13-1890, RELATING TO THE REQUIREMENT THAT MACHINES REMAIN LOCKED AFTER ELECTIONS, SO AS TO PROVIDE THAT MACHINES MAY BE OPENED AND ALL DATA EXAMINED BY THE AUTHORITY RESPONSIBLE FOR CONDUCTING THE ELECTION IN ORDER TO ASCERTAIN THE MACHINE RESULTS AS LONG AS ALL CANDIDATES IN AN AFFECTED RACE ARE NOTIFIED AND GIVEN AN OPPORTUNITY TO BE PRESENT OR UPON THE ORDER OF A COURT OF COMPETENT JURISDICTION; TO AMEND SECTION 7-15-310, RELATING TO THE DEFINITION OF IMMEDIATE FAMILY, SO AS TO INCLUDE WITHIN THE DEFINITION GRANDPARENTS, GRANDCHILDREN, AND MOTHERS-IN-LAW, FATHERS-IN-LAW, BROTHERS-IN-LAW, SISTERS-IN-LAW, SONS-IN-LAW, AND DAUGHTERS-IN-LAW; AND TO REPEAL SECTION 7-13-620 RELATING TO NUMBER OF BALLOTS PROVIDED.

Senator MOORE explained the Bill.

S. 1081 (Word version) -- Senator Bryan: A BILL TO AMEND CHAPTER 9, TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ANNUAL JAIL AND PRISON INSPECTION REPORT AND ENFORCEMENT OF MINIMUM STANDARDS, SO AS TO REVISE THE LIST OF PERSONS WHO MUST RECEIVE COPIES OF REPORTS PREPARED BY THE JAIL AND PRISON INSPECTION DIVISION.

S. 1315 (Word version) -- Senators McConnell and Saleeby: A BILL TO AMEND CHAPTER 71 OF TITLE 38 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCIDENT AND HEALTH INSURANCE BY ADDING ARTICLE 19, SO AS TO PROVIDE STANDARDS FOR THE ESTABLISHMENT AND MAINTENANCE OF EXTERNAL REVIEW PROCEDURES TO ASSURE THAT COVERED PERSONS HAVE THE OPPORTUNITY FOR AN INDEPENDENT REVIEW OF ADVERSE & FINAL ADVERSE DETERMINATIONS.

READ THE THIRD TIME, SENT TO THE HOUSE

S. 566 (Word version) -- Senators Waldrep and Courtney: A BILL TO AMEND SECTION 24-21-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND DISTRIBUTION OF RESTITUTION FEES SO AS TO PROVIDE THAT A COLLECTION FEE OF NOT MORE THAN TWENTY PERCENT SHALL BE SET BY THE JUDGE AND COLLECTED BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (566R001.LHS) proposed by Senator SHORT and previously printed in the Journal of April 26, 2000.

Senator WALDREP spoke on the Bill.

On motion of Senator MOORE, with unanimous consent, the amendment was withdrawn.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

READ THE THIRD TIME, SENT TO THE HOUSE

S. 1031 (Word version) -- Senators Leatherman, Ryberg, Fair, McConnell, Grooms, Mescher, Giese, Peeler, Courtney, Branton, Ravenel, Russell, Alexander, Thomas, Martin, Wilson, Waldrep, Courson and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE COMPUTERS IN PUBLIC LIBRARIES, PUBLIC SCHOOL LIBRARIES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING LIBRARIES WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS TO BE EQUIPPED WITH SCREENING SOFTWARE TO ELIMINATE OR REDUCE THE ACCESSIBILITY OF PORNOGRAPHIC SITES.

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

Senator FAIR proposed the following amendment (NBD\ 12029AC00), which was withdrawn:

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

/SECTION __. A. Section 16-15-385(C)(2) of the 1976 Code, as last amended by Act 358 of 1990, is further amended to read:

"(2) the defendant was a school, church, or museum~~, public,~~ or a school, college, or university library, or a government agency, medical clinic, or hospital carrying out its legitimate function, or an employee or agent of such an organization acting in that capacity and carrying out a legitimate duty of his employment."

B. All proceedings pending and rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved and may be consummated according to the law in force when they were commenced. This act may not be construed to affect any prosecution pending or begun before the effective date of this act./

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

Senator BRYAN spoke on the amendment.

On motion of Senator FAIR, with unanimous consent, the amendment was withdrawn.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 1345 (Word version) -- Senator Anderson: A BILL TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 34, THE "NEWBORN PROTECTION ACT" SO AS TO PERMIT A PARENT OF A NEWBORN INFANT OR OF A CHILD THIRTY DAYS OF AGE OR LESS TO RELINQUISH CUSTODY OF THE INFANT OR CHILD TO A HOSPITAL, TO PROVIDE FOR TERMINATION OF PARENTAL RIGHTS OF THE RELINQUISHInG PARENT BY OPERATION OF LAW, TO REQUIRE CERTAIN MEDICAL INFORMATION TO BE PROVIDED, AND TO PROVIDE PROSECUTION IMMUNITY FOR A RELINQUISHING PARENT WHO PROVIDES THE REQUISITE MEDICAL INFORMATION.

Senator MOORE 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 third reading of the Bill.

Senators ANDERSON and MOORE proposed the following amendment (1345M001.RA), which was adopted:

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

/ SECTION 1. This act may be cited as the 'Newborn Protection Act'.

SECTION 2. The 1976 Code is amended by adding:

"Section 20-7-85. (A) A hospital or hospital outpatient facility operating in this State must, without a court order, take temporary physical custody of an infant who is voluntarily left with the hospital or hospital outpatient facility by a person who does not express an intent to return for the infant and the circumstances give rise to a reasonable belief that the person does not intend to return for the infant. The hospital or hospital outpatient facility must perform any act necessary to protect the physical health or safety of the infant. The person leaving the infant is not required to disclose his or her identity.

(B)(1) The hospital or hospital outpatient facility must offer the person leaving the infant information concerning the legal effect of leaving the infant with the hospital or hospital outpatient facility.

(2) The hospital or hospital outpatient facility must ask the person leaving the infant to identify any parent of the infant other than the person leaving the infant with the hospital or hospital outpatient facility. The hospital or hospital outpatient facility also must attempt to obtain from the person information concerning the infant's background and medical history, as specified on a form provided by the Department of Social Services. This information includes, but is not limited to, information concerning the use of a controlled substance, provided, that information regarding the use of a controlled substance shall not be admissible as evidence of the unlawful use of a controlled substance in any court proceeding. The hospital or hospital outpatient facility must give the person a copy of the form and a prepaid envelope for mailing the form to the Department of Social Services if the person does not wish to provide the information to the hospital or hospital outpatient facility. These materials must be provided to hospitals and hospital outpatient facilities by the department.

(3) Any identifying information disclosed by the person leaving the infant must be kept confidential by the hospital or hospital outpatient facility and disclosed to no one other than the department. However, if a court determines that the immunity provisions of subsection (H) do not apply, the hospital or hospital outpatient facility may disclose the information, as permitted by confidentiality protections applicable to records of the hospital or hospital outpatient facility. The department must maintain confidentiality of this information in accordance with Section 20-7-690.

(C) Not later than the close of the first business day after the date on which a hospital or hospital outpatient facility takes possession of an infant pursuant to subsections (A) and (B), the hospital or hospital outpatient facility must notify the department that it has taken temporary physical custody of the infant. The department shall have legal custody of the infant immediately upon receipt of the notice. The department must assume physical control of the infant as soon as practicable upon receipt of the notice, but no later than twenty-four hours after receiving notice that the infant is ready for discharge from the hospital or hospital outpatient facility. Assumption of custody by the department pursuant to this subsection does not constitute emergency protective custody, and the provisions of Section 20-7-610 do not apply. The department is not required to initiate an infant protective services investigation solely because an infant comes into its custody under this subsection.

(D) Immediately after receiving notice from the hospital or hospital 00outpatient facility, the department must contact the South Carolina Law Enforcement Division for assistance in assuring that the infant left at the hospital or hospital outpatient facility is not a missing infant. The South Carolina Law Enforcement Division must treat the request as ongoing for a period of thirty days and must contact the department if a missing infant report is received that might relate to the infant left at the hospital or hospital outpatient facility.

(E)(1) Within forty-eight hours after taking legal custody of the infant, the department must publish notice, in a newspaper of general circulation in the area where the hospital or hospital outpatient facility that took the infant is located, and send a news release to broadcast and print media in the area. The notice and the news release must state the circumstances under which the infant was left at the hospital or hospital outpatient facility, a description of the infant, and the date, time, and place of the permanency planning hearing provided for in subsection (E)(2). The notice and the news release must also state that any person wishing to assert parental rights in regard to the infant must do so at the hearing. If the person leaving the infant identified anyone as being a parent of the infant, the notice must be sent by certified mail to the last known address of the person identified as a parent at least two weeks prior to the hearing.

(2) Within forty-eight hours after obtaining legal custody of the infant, the department must file a petition alleging that the infant has been abandoned, that the court should dispense with reasonable efforts to preserve or reunify the family, that continuation of keeping the infant in the home of the parent or parents would be contrary to the welfare of the infant, and that termination of parental rights is in the best interest of the infant. A hearing on the petition must be held no earlier than thirty and no later than sixty days after the department takes legal custody of the infant. This hearing shall be the permanency planning hearing for the infant. If the court approves the permanent plan of termination of parental rights, the order must also provide that a petition for termination of parental rights on the grounds of abandonment must be filed within ten days after receipt of the order by the department.

(F) The act of leaving an infant with a hospital or hospital outpatient facility pursuant to this section is conclusive evidence that the infant has been abused or neglected for purposes of Department of Social Services' jurisdiction and for evidentiary purposes in any judicial proceeding in which abuse or neglect of an infant is in issue. It is also conclusive evidence that the requirements for termination of parental rights have been satisfied as to any parent who left the infant or acted in concert with the person leaving the infant.

(G) A person who leaves an infant at a hospital or hospital outpatient facility or directs another person to do so must not be prosecuted for any criminal offense on account of such action if:

(1) the person is a parent of the infant or is acting at the direction of a parent;

(2) the person leaves the infant in the physical custody of an employee of the hospital or hospital outpatient facility;

(3) the person provides the background and medical history required in subsection (B)(2); and

(4) the infant is no more than thirty days old.

This subsection does not apply to prosecution for the infliction of any harm upon the infant other than the harm inherent in abandonment.

(H) A hospital or hospital outpatient facility and its agents and any health care professionals practicing within the hospital or hospital outpatient facility are immune from civil or criminal liability for any action authorized by this section, so long as the hospital, hospital outpatient facility, or health care professional complies with all provisions of this section.

(I) The department, either alone or in collaboration with any other public entity, must take appropriate measures to achieve public awareness of the provisions of this section.

(J) For purposes of this section, 'infant' means a person not more than thirty days old."

SECTION 3 .This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:

H. 4922 (Word version) -- Reps. Allison, Davenport and Hawkins: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN SPARTANBURG 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 SCHOOLS 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.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 1174 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 16-23-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGING FIREARMS AT OR INTO DWELLINGS OR OCCUPIED STRUCTURES, SO AS TO ADD A PROHIBITION AGAINST DISCHARGING FIREARMS AT OR INTO ANY VEHICLE, AIRCRAFT, WATERCRAFT, OR OTHER CONVEYANCE, DEVICE, OR EQUIPMENT WHILE IT IS OCCUPIED.

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

The Committee on Judiciary proposed the following amendment (JUD1174.002), which was adopted:

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

/ SECTION 1. Section 16-23-440 of the 1976 Code is amended to read:

"Section 16-23-440. (A) It is unlawful for a person to discharge or cause to be discharged unlawfully firearms at or into a dwelling house, or other building, or structure, or enclosure regularly occupied by persons. A person who violates the provisions of this ~~section~~ subsection is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than ten years, or both.

(B) It is unlawful for a person to discharge or cause to be discharged unlawfully firearms at or into any vehicle, aircraft, watercraft, or other conveyance, device, or equipment while it is occupied. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than ten years, or both."

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

Amend title to conform.

Senator MOORE explained the committee amendment.

The committee 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.

SECOND READING BILLS

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

S. 578 (Word version) -- Senators Mescher and Grooms: A BILL TO AMEND SECTION 7-13-40, RELATING TO FILING FEES FOR PARTY PRIMARIES, SO AS TO PROVIDE THAT THE COUNTY POLITICAL PARTY MAY RETAIN TEN PERCENT OF THE FILING FEES PAID BY CANDIDATES.

S. 578--Ordered to a Third Reading

On motion of Senator HUTTO, with unanimous consent, S. 578 was ordered to receive a third reading on Friday, April 28, 2000.

H. 4946 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ASSISTING, DEVELOPING, AND EVALUATING PROFESSIONAL TEACHING (ADEPT), DESIGNATED AS REGULATION DOCUMENT NUMBER 2483, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 4 (Word version) -- Senators Leventis, Elliott, Branton, Rankin and Reese: A BILL TO AMEND SECTION 1-3-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMEDIATELY FURNISHING INFORMATION ON THE AFFAIRS OR ACTIVITIES OF STATE GOVERNMENT TO THE GOVERNOR, SO AS TO PROVIDE THAT INFORMATION ALSO MUST BE IMMEDIATELY FURNISHED TO MEMBERS AND COMMITTEES OF THE GENERAL ASSEMBLY, TO DEFINE RESPONSIBLE OFFICIAL, AND TO PROVIDE THAT A RESPONSIBLE OFFICIAL MUST BE SUSPENDED FOR WILFULLY FAILING TO IMMEDIATELY FURNISH INFORMATION.

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

The Committee on Judiciary proposed the following amendment (JUD0004.003), which was adopted:

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

/ SECTION 1. Section l-3-10 of the 1976 Code is amended to read:

"Section 1-3-10. (A) For purposes of this section:

(1) 'Immediately' means a period not to exceed ten days unless otherwise agreed to by the requestor;

(2) 'Requestor' means the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, or the chairman of any standing committee of the Senate or House of Representatives;

(3) 'Responsible official' means the chief administrative officer or agency or department head of an entity, by whatever designation known. A responsible official shall be the person required to comply with any written request made pursuant to the provisions of this section.

(B) ~~The~~ Notwithstanding any other provision of law, the responsible official of each ~~departments~~ department, ~~bureaus~~ bureau, ~~divisions~~ division, ~~officers~~ office, ~~boards~~ board, ~~commissions~~ commission, ~~institutions~~ institution, or any ~~and~~ other ~~agencies~~ agency or ~~undertakings~~ undertaking of the State, upon receipt of a written request from the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, or the chairman of any standing committee of the Senate or House of Representatives, ~~shall~~ must immediately furnish to the ~~Governor~~ requestor, in such form as ~~he may require~~ delineated in the written request, any information ~~desired by him in relation to their~~ regarding any of the respective affairs or activities of the entities governed by this section, except as provided in subsection (C). If the format requested does not exist, the responsible official, after notifying the requestor, must immediately suggest an alternative format or furnish the requestor any existing informational format which serves the requestor's purposes. Any person who obtains information pursuant to this section is subject to the rules and laws governing the confidentiality of the information. Information furnished pursuant to this section continues to be subject to the same rules and laws governing the confidentiality of the information which governed the information prior to the information being furnished to the requestor.

(1) Correspondence or work products of legal counsel and any other material that would violate an attorney-client relationship.

(2) Trade secrets, which are defined as unpatented, secret, commercially valuable plans, appliances, formulas, or processes, which are used for the making, preparing, compounding, treating, or processing of articles or materials which are trade commodities obtained from a person and which are generally recognized as confidential; work products, in whole or in part collected or produced for sale or resale, and paid subscriber information. Trade secrets also include, for those public bodies who market services or products in competition with others, feasibility, planning, and marketing studies, and evaluations and other materials which contain references to potential customers, competitive information, or evaluation.

(3) Information of a personal or medical nature where the public disclosure thereof would constitute unreasonable invasion of personal privacy. Information of a personal nature includes, but is not limited to, information as to gross receipts contained in applications for business licenses and information relating to public records which include the name, address, and telephone number or other such information of an individual or individuals who are handicapped or disabled when the information is requested for person-to-person commercial solicitation of handicapped persons solely by virtue of their handicap. This provision must not be interpreted to restrict access to information contained in public records.

(4) Records of law enforcement and public safety agencies not otherwise available by law that were compiled in the process of detecting and investigating crime if the disclosure of the information would harm the agency by:

(a) disclosing the identity of informants not otherwise known;

(b) the premature release of information to be used in a prospective law enforcement action;

(d) endangering the life, health, or property of any person.

(5) Except as provided in subsection (B), matters specifically exempted from disclosure by statute or law.

(D) Information requested pursuant to this section must be used only for the requestor's use if the responsible official certifies that release of the information may have an effect upon pending business, personnel, or law enforcement actions. When negotiations are completed or the reason for secrecy no longer exists, the information requested is available for distribution.

(E) Within ten days of the receipt of the written request for information, the responsible official may petition for an in camera hearing before an administrative law judge to determine if the information is exempt from disclosure.

(1) The administrative law judge must hold the hearing within ten days of the receipt of the petition and issue a decision on the matter no later than five days after the hearing. The decision of the administrative law judge is not subject to review under Chapter 23 of Title 1.

(2) If the administrative law judge determines that the information is not exempt, the information must be provided to the requestor, and the responsible official must deliver it to the requestor within two days of the judge's decision.

(3) If the administrative law judge determines that the information is exempt, the body of the General Assembly from which the request originated, if applicable, may override the exemption by adopting a resolution to require the disclosure of the information to the requestor.

(4) Upon the filing of a written notice by the requestor setting forth the specific facts to the governing authority of an entity that a responsible official has wilfully or knowingly failed or refused to comply with the order of the administrative law judge to release the information or refused to comply with a resolution passed by a body of the General Assembly, the responsible official must be suspended without pay by the governing authority of the entity until such time as a hearing can be held subject to the provisions of Chapter 23 of Title 1; but in no event shall the suspension exceed ten days.

(5) Notwithstanding any other provision of law, no responsible official shall be terminated from employment or removed from office for a violation of this section, except as provided for in Section 2 of Article XV of the South Carolina Constitution."

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

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 4--Ordered to a Third Reading

On motion of Senator MOORE, with unanimous consent, S. 4 was ordered to receive a third reading on Friday, April 28, 2000.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 903 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DUMPING LITTER OR OTHER SOLID WASTE ON PUBLIC OR PRIVATE PROPERTY, SO AS TO INCREASE THE MONETARY PENALTY, THE LENGTH OF TIME FOR PUBLIC SERVICE WORK THE COURT SHALL IMPOSE, AND TO PROVIDE FOR THE IMPOSITION OF POINTS ON THE PERSON'S DRIVER'S LICENSE IF THE VIOLATION OF THIS SECTION OCCURRED WHILE THE OFFENDER WAS OPERATING A MOTOR VEHICLE; AND TO AMEND SECTION 56-1-720, RELATING TO THE POINT SYSTEM FOR VIOLATIONS OF MOTOR VEHICLE TRAFFIC LAWS, BY ADDING LITTERING WHILE OPERATING A MOTOR VEHICLE TO THE OFFENSES FOR WHICH POINTS ARE ASSESSED.

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

The Committee on Judiciary proposed the following amendment (JUD0903.007), which was adopted:

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

/ SECTION 1. Section 16-11-700, as last amended by Act 100 of 1999, is further amended to read:

"Section 16-11-700. (A) No person may dump, throw, drop, deposit, discard, or otherwise dispose of litter or other solid waste as defined by Section 44-96-40(46), upon any public or private property or waters in the State whether from a vehicle or otherwise, including, but not limited to, a public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:

(1) when the property is designated by the State for the disposal of litter and other solid waste and the person is authorized to use the property for that purpose;

(2) into a litter receptacle in a manner that the litter is prevented from being carried away or deposited by the elements upon a part of the private or public property or waters.

(B) Responsibility for the removal of litter from property or receptacles is upon the person convicted under this section of littering the property or receptacles. However, if there is no conviction, the responsibility is upon the owner of the property or upon the owner of the property where the receptacle is located.

(C)(1) A person who violates the provisions of this section in an amount less than fifteen pounds in weight or twenty-seven cubic feet in volume is guilty of a misdemeanor and, upon conviction, must be fined ~~not less than~~ two hundred dollars ~~nor more~~ ~~than three hundred dollars~~ or imprisoned for not more than thirty days ~~for each offense~~ for a first or second conviction, or fined five hundred dollars or imprisoned for not more than thirty days for a third or subsequent conviction. In addition to a the fine or term of imprisonment ~~and for~~ ~~each offense under the provisions of this item~~, the court ~~shall~~ must also impose ~~a minimum of five~~ fifteen hours of litter-gathering labor for a first conviction, thirty hours of litter-gathering labor for a second conviction, and 100 hours of litter-gathering labor for a third or subsequent conviction, or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court. One hundred dollars of the fine imposed by this item must be deposited in the state's general fund and used by the Office of the Governor to fund a litter control campaign.

(2) The fine for a deposit of a collection of litter or garbage in an area or facility not intended for public deposit of litter or garbage is one thousand dollars. The provisions of this item apply to a deposit of litter or garbage, as defined in Section 44-67-30(4), in an area or facility not intended for public deposit of litter or garbage, but this does not prohibit a private property owner from depositing litter or garbage as a property enhancement if the depositing does not violate applicable local or state health and safety regulations. In addition to a fine and for each offense under the provisions of this item the court shall also impose a minimum of five hours of litter-gathering labor or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court. Eight hundred dollars of the fine imposed by this item must be deposited in the ~~states~~ state's general fund and used by the Office of the Governor to fund a litter control campaign.

(3) The court, in lieu of payment of the monetary fine imposed for a violation of this section, may direct the substitution of additional litter-gathering labor or other form of public service as it may order because of physical or other incapacities, under the supervision of the court, not to exceed one hour for each five dollars of fine imposed.

(4) ~~For a second and subsequent convictions under the provisions of items (1) or (2) of this subsection, a minimum of twenty hours of community service must be imposed in addition to a fine.~~

~~(5)~~ In addition to any other punishment authorized by this section, in the discretion of the court in which conviction is obtained, the person may be directed by the judge to pick up and remove from any public place or any private property, with prior permission of the legal owner upon which it is established by competent evidence that the person has deposited litter, all litter deposited on the place or property by anyone before the date of execution of sentence.

~~(6)~~(5) Magistrates and municipal courts have jurisdiction to try violations of subsections (A), (B), (C), and (D) of this section.

(D) Any person who violates the provisions of this section in an amount exceeding fifteen pounds in weight or twenty-seven cubic feet in volume, but not exceeding five hundred pounds or one hundred cubic feet, is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than ninety days. In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed.

(E)(1) Any person who violates the provisions of this section in an amount exceeding five hundred pounds in weight or one hundred cubic feet in volume is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars, or imprisoned not more than one year, or both. In addition, the court may order the violator to:

(a) remove or render harmless the litter that he dumped in violation of this subsection;

(b) repair or restore property damaged by, or pay damages for damage arising out of, his dumping litter in violation of this subsection; or

(c) perform community public service relating to the removal of litter dumped in violation of this subsection or relating to the restoration of an area polluted by litter dumped in violation of this subsection.

(2) A court may enjoin a violation of this subsection.

(3) A motor vehicle, vessel, aircraft, container, crane, winch, or machine involved in the disposal of more than five hundred pounds in weight or more than one hundred cubic feet in volume of litter in violation of this subsection is declared contraband and is subject to seizure and summary forfeiture to the State.

(4) If a person sustains damages arising out of a violation of this subsection that is punishable as a felony, a court, in a civil action for such damages, shall order the person to pay the injured party threefold the actual damages or two hundred dollars, whichever amount is greater. In addition, the court shall order the person to pay the injured party's court costs and attorney's fees.

(5) No part of a fine imposed pursuant to this section may be suspended.

(6) [Repealed]

(F) For purposes of the offenses established by this section, litter includes cigarettes and cigarette filters." SECTION 2. This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 903--Ordered to a Third Reading

On motion of Senator MOORE, with unanimous consent, S. 903 was ordered to receive a third reading on Friday, April 28, 2000.

AMENDED, READ THE SECOND TIME

S. 966 (Word version) -- Senators Washington, Elliott and Glover: A BILL TO AMEND SECTION 5-7-12 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO DESIGNATION OF SCHOOL RESOURCE OFFICERS, SO AS TO FURTHER PROVIDE FOR TRAINING AND REGULATION OF SUCH OFFICERS.

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

Senators HOLLAND and GLOVER proposed the following amendment (JUD0966.003), which was adopted:

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

/ SECTION 1. Section 5-7-12 of the 1976 Code is amended to read:

"Section 5-7-12. (A) The governing body of a municipality or county may upon the request of any other governing body or of any other political subdivision of the State, including school districts, designate certain officers to be assigned to the duty of a school resource officer and to work within the school systems of the municipality or county. The person assigned as a school resource officer ~~shall have~~ has statewide jurisdiction to arrest persons committing crimes in connection with a school activity or school-sponsored event. When acting pursuant to this section and outside of the sworn municipality or county of the school resource officer, the officer ~~shall enjoy~~ has all authority, rights, privileges, and immunities, including coverage under the workers' compensation laws that he would have ~~enjoyed~~ had if operating in his sworn jurisdiction.

(B) Beginning on July 1, 2001, officers designated as school resource officers may not assume the duties and responsibilities associated with that designation until completion of the Resource Officer Certification and Training Course to be developed and administered by the Department of Public Safety. The curriculum for the Resource Officer Certification and Training Course must include training in the areas of law enforcement procedures, school-related administrative procedures, counseling, conflict resolution, and other course instruction considered appropriate by the Department of Public Safety in conjunction with local law enforcement officials and the State Department of Education. Upon successful completion of the course work, officers shall receive certification from the Department of Public Safety as a resource officer. Officers receiving the resource officer certification are entitled to assume the duties of resource officers.

(C) On or after the effective date of this section, the Department of Public Safety, in conjunction with local law enforcement officials and the State Department of Education, must promulgate regulations pursuant to the Administrative Procedures Act governing the employment, function, and conduct of school resource officers. A copy of the regulations must be disseminated to each school district within the State, local law enforcement agencies, and the Department of Public Safety, where the regulations must be made available for public inspection and copying upon request. Each district or agency which provides a copy of the regulations to a member of the public may charge a reasonable fee not to exceed the actual cost to that agency for providing the copy.

(D) For purposes of this section, a 'school resource officer' is defined as a person who is a sworn law enforcement officer pursuant to the requirements of any jurisdiction of this State, who has completed the basic course of instruction for school resource officers, as provided or recognized by the National Association of School Resource Officers or the ~~South Carolina Criminal Justice Academy~~ Department of Public Safety in conjunction with the Department of Education, and who is assigned to one or more school districts within this State to have as a primary duty the responsibility to act as a law enforcement officer, advisor, and teacher for that school district."

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

Amend title to conform.

Senator HOLLAND explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 966--Ordered to a Third Reading

On motion of Senator HOLLAND, with unanimous consent, S. 966 was ordered to receive a third reading on Friday, April 28, 2000.

COMMITTEE AMENDMENT AMENDED AND ADOPTED
READ THE SECOND TIME

S. 1222 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-86 SO AS TO PROVIDE THAT SPEECH LANGUAGE PATHOLOGISTS CERTIFIED BY THE AMERICAN SPEECH-LANGUAGE HEARING ASSOCIATION (ASHA) SHALL HAVE A RECERTIFICATION CYCLE CONSISTENT WITH THE RECERTIFICATION CYCLE FOR ASHA CERTIFICATION, AND THAT SPEECH-LANGUAGE PATHOLOGISTS MOVING INTO THIS STATE SHALL BE EXEMPT FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, AND TO PROVIDE THAT SPEECH-LANGUAGE PATHOLOGISTS SHALL RECEIVE A SPECIFIED INCREASE IN PAY AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF ASHA CERTIFICATION.

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

Senator MESCHER proposed the following amendment (1222EMS2), which was adopted:

Amend the committee report, as and if amended, by striking the committee amendment in its entirety and inserting the following:

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

SECTION 1. The 1976 Code is amended by adding:

"Section 59-26-86. (A)(1) Speech-language pathologists certified by the American Speech-Language Hearing Association (ASHA) shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for ASHA certification and ASHA certified speech-language pathologists moving to this State are exempted from initial certification requirements and are eligible for continuing contract status and their recertification cycle will be consistent with ASHA certification. Speech-language pathologists receiving national certification from ASHA shall receive an increase in pay for the life of the certification. The pay increase must be determined annually in the general appropriations act; however, it is the intent of the General Assembly that the increase must be at least seven thousand five hundred dollars. The established amount must be added to the annual pay of the nationally certified speech-language pathologist.

(2) The State Department of Education shall develop guidelines and administer the programs whereby speech-language pathologists applying to ASHA for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and interest must be forgiven when the required portfolio is submitted to ASHA. Speech-language pathologists attaining certification within three years of receiving the loan shall have the full loan principal amount and interest forgiven.

(B)(1) School psychologists certified by the National Association of School Psychologists (NASP) shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for NASP certification, and NASP certified school psychologists moving to this State are exempted from initial certification requirements and are eligible for continuing contract status and their recertification cycle will be consistent with NASP certification. School psychologists receiving national certification from NASP shall receive an increase in pay for the life of the certification. The pay increase must be determined annually in the general appropriations act. However, it is the intent of the General Assembly that the increase must be at least seven thousand five hundred dollars. The established amount must be added to the annual pay of the nationally certified school psychologist.

(2) The State Department of Education shall develop guidelines and administer the programs whereby school psychologists applying to NASP for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and interest must be forgiven when the required portfolio is submitted to NASP. School psychologists attaining certification within three years of receiving the loan shall have the full loan principal amount and interest forgiven.

(C)(1) School counselors certified by the National Board for Certified Counselors, Inc. (NBCC) shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for NBCC certification, and NBCC certified school counselors moving to this State are exempted from initial certification requirements and are eligible for continuing contract status and their recertification cycle will be consistent with NBCC certification. School counselors receiving national certification from NBCC shall receive an increase in pay for the life of the certification. The pay increase must be determined annually in the general appropriations act. However, it is the intent of the General Assembly that the increase must be at least seven thousand five hundred dollars. The established amount must be added to the annual pay of the nationally certified school counselor.

(2) The State Department of Education shall develop guidelines and administer the programs whereby school counselors applying to NBCC for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and interest must be forgiven when the required portfolio is submitted to NBCC. School counselors attaining certification within three years of receiving the loan shall have the full loan principal amount and interest forgiven.

(D)(1) School social workers obtaining School Social Work Specialist (SSWS) certification by the National Association of Social Workers (NASW) shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for SSWS certification, and SSWS certified school social workers moving to this State are exempted from initial certification requirements and are eligible for continuing contract status and their recertification cycle will be consistent with SSWS certification. School social workers receiving SSWS certification from NASW shall receive an increase in pay for the life of the certification. The pay increase must be determined annually in the general appropriations act. However, it is the intent of the General Assembly that the increase must be at least seven thousand five hundred dollars. The established amount must be added to the annual pay of the nationally certified school social worker.

(2) The State Department of Education shall develop guidelines and administer the programs whereby school social workers applying to NASW for SSWS certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and interest must be forgiven when the required portfolio is submitted to NASW. School social workers attaining certification within three years of receiving the loan shall have the full loan principal amount and interest forgiven.

(E) The Department of Education is directed to review the purposes and certification standards of the National Board for Professional Teaching Standards (NBPTS) and examine the purposes and certification standards of the American Speech-Language Hearing Association (ASHA), National Board for Certified Counselors, Inc. (NBCC) National Association of School Psychologists (NASP), and National Association of Social Workers' (NASW) School Social Work Specialist Certification to determine comparability with state standards and make recommendations regarding recertification cycles, initial certification requirements for these personnel certified out-of-state, and incentives for these national certifications. The State Department of Education shall report its findings to the Senate Education Committee and the House Education and Public Works Committee no later than December 1, 2000. The provisions of this section relating to initial certification, recertification, and pay increases of speech-language pathologists, school psychologists, school counselors, and school social workers shall not take effect until the Department of Education completes its report required by this subsection, and the General Assembly based on this report by concurrent resolution finds that the standards of these national certifying organizations are at least comparable to existing state standards thereby warranting the implementation of the provisions of subsections (A), (B), (C), and (D) of this section."

SECTION 2. Except as otherwise stated, this act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

The Committee on Education proposed the following amendment (1222EMS1), which was adopted:

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

/ SECTION 1. The 1976 Code is amended by adding:

(D) The Department of Education is directed to review the purposes and certification standards of the National Board for Professional Teaching Standards (NBPTS) and examine the purposes and certification standards of the American Speech-Language Hearing Association (ASHA), National Board for Certified Counselors, Inc. (NBCC), and National Association of School Psychologists (NASP) to determine comparability with state standards and make recommendations regarding recertification cycles, initial certification requirements for these personnel certified out-of-state, and incentives for these national certifications. The State Department of Education shall report its findings to the Senate Education Committee and the House Education and Public Works Committee no later than December 1, 2000. The provisions of this section relating to initial certification, recertification, and pay increases of speech-language pathologists, school psychologists, and school counselors shall not take effect until the Department of Education completes its report required by this subsection, and the General Assembly based on this report by concurrent resolution finds that the standards of these national certifying organizations are at least comparable to existing state standards thereby warranting the implementation of the provisions of subsections (A), (B), and (C) of this section."

SECTION 2. Except as otherwise stated, this act takes effect upon approval by the Governor. /

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, passed and ordered to a third reading.

S. 1222--Ordered to a Third Reading

On motion of Senator MESCHER, with unanimous consent, S. 1222 was ordered to receive a third reading on Friday, April 28, 2000.

COMMITTEE AMENDMENT ADOPTED, AMENDED
READ THE THIRD TIME, SENT TO THE HOUSE

S. 1344 (Word version) -- Senator Moore: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 124, SO AS TO ENACT THE "UNIVERSAL NEWBORN HEARING SCREENING AND INTERVENTION ACT"; TO REQUIRE NEWBORN HEARING SCREENING TO BE CONDUCTED ON ALL NEWBORNS BORN IN HOSPITALS IN THIS STATE DURING BIRTH ADMISSION, USING PROCEDURES RECOMMENDED OR APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO REQUIRE EVERY HOSPITAL IN THIS STATE TO PROVIDE EDUCATIONAL INFORMATION FOR THE PARENTS OF NEWBORNS BORN IN SUCH HOSPITALS CONCERNING THE IMPORTANCE OF HEARING SCREENING; AND TO PROVIDE THAT NO TEST SHALL BE PERFORMED IF THE PARENT OF A NEWBORN DISSENTS ON THE GROUND THAT THE TEST CONFLICTS WITH A PERSONAL RELIGIOUS BELIEF OR PRACTICE.

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 Committee on Medical Affairs proposed the following amendment (1344R003.TLM), which was adopted:

Amend the bill, as and if amended, page 5, by striking Section 44-124-60, lines 16-21, and inserting in lieu thereof the following:

/ Section 44-124-60. (A) The department shall have the authority to promulgate rules and regulations to the extent necessary to implement the provisions of this chapter.

(B) The department and the Department of Health and Human Services shall establish procedures for providing reimbursements for expenses incurred under Section 44-124-40, including the amount of the reimbursements, from monies appropriated by the General Assembly for that purpose." /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the committee amendment.

The committee amendment was adopted.

Senator MOORE proposed the following amendment (1344R004.TLM), which was adopted:

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

/ SECTION . Article 1, Chapter 7, Title 44 of the 1976 Code is amended by adding:

"Section 44-7-78. Notwithstanding any other provision of law, an entity that operates a health care facility, as defined in Section 44-7-130(10), may develop and operate facilities, programs, and services in any location where such facilities, programs, or services support the entity or provide services to residents in the area, provided all other statutory and regulatory requirements are met, including the State Certification of Need and Health Facility Licensure Act, Article 3, Chapter 7, Title 44 and related regulations promulgated by the department." /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

Senator MOORE proposed the following amendment (1344M002.TLM), which was adopted:

Amend the bill, as and if amended, by striking the title in its entirety and inserting in lieu thereof the following:

/ TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 124, SO AS TO ENACT THE "UNIVERSAL NEWBORN HEARING SCREENING AND INTERVENTION ACT," TO REQUIRE NEWBORN HEARING SCREENING TO BE CONDUCTED ON ALL NEWBORNS BORN IN HOSPITALS IN THIS STATE DURING BIRTH ADMISSION, USING PROCEDURES RECOMMENDED OR APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, AND TO REQUIRE EVERY HOSPITAL IN THIS STATE TO PROVIDE EDUCATIONAL INFORMATION FOR THE PARENTS OF NEWBORNS BORN IN SUCH HOSPITALS CONCERNING THE IMPORTANCE OF HEARING SCREENING./

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

Co-Sponsors Added

On motion of Senator FORD, with unanimous consent, the names of Senators RYBERG, DRUMMOND, ALEXANDER, ANDERSON, BAUER, BRANTON, BRYAN, COURSON, COURTNEY, 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, RUSSELL, SALEEBY, SETZLER, SHORT, J. VERNE SMITH, THOMAS, WALDREP, WASHINGTON and WILSON were added as co-sponsors to S. 1344.

S. 1344--Ordered to a Third Reading

On motion of Senator HUTTO, with unanimous consent, S. 1344 was ordered to receive a third reading on Friday, April 28, 2000.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 682 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO LAW ENFORCEMENT OFFICERS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JUD682.002) proposed by Senator SALEEBY and previously printed in the Journal of March 14, 2000.

On motion of Senator MOORE, with unanimous consent, the amendment was withdrawn.

Senator SALEEBY proposed the following amendment (JUD0682.003), which was tabled:

Amend the committee report, as and if amended, page [682-2], line 13, in Section 42-11-30(B)(1), as contained in SECTION 1, by striking /municipal,/ and inserting therein / a /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator WALDREP moved to lay the amendment on the table.

The amendment was laid on the table.

The Committee on Judiciary proposed the following amendment (JUD0682.001), which was adopted:

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

/ SECTION 1. Section 42-11-30 of the 1976 Code is amended to read:

"Section 42-11-30. (A) Notwithstanding the provisions of this chapter, for purposes of the South Carolina Workers' Compensation Law, any impairment or injury to the health of a fire fighter caused by heart disease or respiratory disease resulting in total or partial disability, or death, ~~shall be~~ is presumed to have arisen out of and in the course of employment, unless the contrary is shown by competent evidence, if ~~such~~ the fire fighter is at the time of ~~such~~ the impairment or injury a bona fide member of a municipal, county, State, port authority, or fire control district fire department in this State. In order to be entitled to the presumption provided for ~~herein~~ in this section, any person becoming a member of a fire department after May 29, 1968, must be under the age of thirty-seven years and must have successfully passed a physical examination by a competent physician upon entering into such service, a written report of which must have been made and filed with ~~such~~ the fire department, which examination failed to reveal any evidence of ~~such~~ the condition or conditions, and ~~such~~ the condition or conditions developed while actively engaged in fighting a fire or within twenty-four hours from the date of last service in ~~such~~ the activity.

(B)(1) Notwithstanding the provisions of this chapter, for purposes of the South Carolina Workers' Compensation Law, an impairment or injury to the health of a law enforcement officer caused by heart disease resulting in total or partial disability, or death, is presumed to have arisen out of and in the course of employment, unless the contrary is shown by competent evidence, if the law enforcement officer is at the time of the impairment or injury a bona fide member of municipal, county, State, port authority, or other law enforcement agency in this State. In order to be entitled to the presumption provided for in this section, a person becoming a member of a law enforcement agency must have successfully passed a physical examination by a competent physician upon entering into the service, a written report of which must have been made and filed with the law enforcement agency, which examination failed to reveal evidence of the condition or conditions, and the condition or conditions were a result of a response to a single law enforcement incident or within twenty-four hours from the date of the activity.

(2) The law enforcement agency must ensure that employees who are expected to perform the duties of a law enforcement officer are physically capable of performing duties which may be assigned to them in the course of their employment. Additionally, the law enforcement agency must require of each officer a physical examination to be performed by a competent physician at least every other year, a written report of which must have been made and filed with the employing law enforcement agency."

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

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 682--Ordered to a Third Reading

On motion of Senator MOORE, with unanimous consent, S. 682 was ordered to receive a third reading on Friday, April 28, 2000.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Fairfield County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Fairfield County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Jerry Reed, 664 Loch Lane, Jenkinsville, S.C. 29065 VICE T. Leon Thompson

Having received a favorable report from the Sumter County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Sumter County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

Daisy M. Moore, Post Office Box 41, Pinewood, S.C. 29125

Time Fixed

Senator MOORE moved that, when the Senate adjourns on Friday, April 28, 2000, it stand adjourned to meet next Tuesday, May 2, 2000, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:15 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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