Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, under Whose all seeing eye we live and work, whether our tasks are in the glare of public notice or in the shadows of hidden places, we lift our united prayer that we should serve well, speak wisely, think rightly, choose correctly. For our failures, forgive us. For success make us humbly thankful. When the seamless robe of humanity is rent by strife and discord, help us to be ministers of reconciliation.
Keep us, we pray, in step with the drumbeat of Your truth which is marching on. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. SCOTT moved that when the House adjourns, it adjourn in memory of Shirley S. Morris of Columbia, which was agreed to.
The following was received from the Senate.
Columbia, S.C., May 19, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4681:
H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.
and asks for a Committee of Conference and has appointed Senators Setzler, Glover and Hayes of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. McELVEEN, TOWNSEND and GAMBLE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 19, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4794:
H. 4794 -- Reps. Hodges, Sheheen, Jennings, Harrison, Huff, Martin and J. Wilder: A BILL TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT CONTESTED CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A SPECIAL HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-650, RELATING TO RULES GOVERNING THE ADMINISTRATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE RULES SHALL BE ADOPTED BY THE DIVISION RATHER THAN PROMULGATED BY THE DIVISION; TO AMEND SECTION 61-1-10, AS AMENDED, RELATING TO THE APPOINTMENT OF ATTORNEYS TO ACT AS ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS, SO AS TO PROVIDE THAT HEARING OFFICERS SHALL BE APPOINTED FOR THESE CASES INITIATED BEFORE MAY 1, 1994; AND TO AMEND SECTION 61-1-55, RELATING TO THE TRANSFER OF THE DUTIES AND RESPONSIBILITIES OF ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS TO THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGE CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE, AND TO DELAY FROM MARCH 1, 1994, TO MAY 1, 1994, THE REPEAL OF CERTAIN PROVISIONS OF LAW RELATING TO THE APPOINTMENT OF THESE HEARING OFFICERS.
and asks for a Committee of Conference and has appointed Senators Moore, Stilwell and Washington of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. JENNINGS, MARTIN and HARRISON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., May 24, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, J. Verne Smith and Leventis of the Committee of Conference on the part of the Senate on H. 4821:
H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 24, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, J. Verne Smith and Leventis of the Committee of Conference on the part of the Senate on H. 4822:
H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 24, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of S. 1196:
S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Very respectfully,
President
On motion of Rep. J. BAILEY, the Bill was ordered returned to the Senate.
The following was received.
Columbia, S.C., May 24, 1994
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. FARR, the invitation was accepted.
May 23, 1994
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Governor
Initial Appointment, Member, State Ethics Commission, with term to commence June 1, 1991, and to expire May 31, 1995:
4th Congressional District:
Mr. Raymond B. Smith, 466 Pimlico Road, Greenville, S.C. 29607 VICE William A. Coates (resigned)
The confirmation was ordered referred to Judiciary Committee.
May 18, 1994
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Governor
Initial Appointment, Member, State Ethics Commission, with term to commence June 1, 1991, and to expire May 31, 1995:
2nd Congressional District:
Mr. Ed Duryea, 3 Riverside Lane, Beaufort, S.C. 29902 VICE Sue C. Erwin (resigned)
The confirmation was ordered referred to Judiciary Committee.
The Senate returned to the House with amendments the following:
H. 5205 -- Reps. Tucker and Chamblee: A BILL TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS IN ANDERSON COUNTY, SO AS TO REVISE THE AREAS OR DISTRICTS FROM WHICH TRUSTEES OF SCHOOL DISTRICT 4 ARE ELECTED AND PROVIDE THAT THE TRUSTEES MUST BE ELECTED FROM THE ELECTION DISTRICTS IN WHICH THEY RESIDE.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4778 -- Reps. G. Bailey, J. Wilder, J. Bailey, Richardson, Fulmer, Kennedy, Hallman, Canty, Law, Wofford, H. Brown, Inabinett, Sharpe, Cobb-Hunter, Elliott, Moody-Lawrence, Askins, Worley, Holt, Townsend, McMahand, Davenport, G. Brown, Simrill, A. Young, R. Smith, Littlejohn, Jaskwhich, Stone, Rhoad, Mattos, Stuart, Boan, Govan, Sturkie, Chamblee, McKay, McLeod, Farr, Williams, Hines, Neilson, Hutson, Wells, J. Harris, Allison, Phillips, M.O. Alexander, Walker, Gamble, Marchbanks, Whipper, Houck, Keegan, Witherspoon, Spearman, Klauber, D. Wilder, Neal, Shissias, Baker, McCraw, Vaughn, Breeland, Kirsh, Wilkes, Barber, Haskins, Fair, Stille, Harrell, Lanford, Wright, Graham, D. Smith, White, Meacham, T.C. Alexander, Carnell, Tucker, Waites, Trotter, Kelley, Stoddard, Robinson, P. Harris, Cato, Koon, Riser and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 3, TITLE 15, SO AS TO ENACT THE VOLUNTEER SERVICE PROTECTION ACT, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY BASED UPON A VOLUNTEER'S ACTION IN CONNECTION WITH HIS DUTIES FOR CERTAIN ORGANIZATIONS, AND TO PROVIDE DEFINITIONS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 782 -- Senators Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 43-7-60, 43-7-70, 43-7-80, AND 43-7-90 SO AS TO PROVIDE FOR THE CRIMES OF MEDICAL ASSISTANCE PROVIDER FRAUD AND MEDICAL ASSISTANCE RECIPIENT FRAUD AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO MAKE IT UNLAWFUL FOR A PROVIDER OF MEDICAL ASSISTANCE, GOODS, OR SERVICES UNDER THE STATE'S MEDICAID PROGRAM TO FAIL TO MAINTAIN SEPARATE ACCOUNTS FOR PATIENT FUNDS AND ACCURATE RECORDS WHEN REQUIRED TO DO SO BY STATE OR FEDERAL LAW, REGULATION, OR POLICY, TO MAKE IT UNLAWFUL FOR A PROVIDER TO REMOVE, TRANSFER, OR OTHERWISE USE THESE PATIENT FUNDS FOR A PURPOSE OTHER THAN THAT WHICH IS AUTHORIZED, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO GRANT CERTAIN POWERS TO THE ATTORNEY GENERAL FOR THE PURPOSE OF CONDUCTING INVESTIGATIONS FOR ALLEGED OR SUSPECTED VIOLATIONS; AND TO REQUIRE A PERSON TO COMPLY WITH CERTAIN REQUESTS OR SUBPOENAS OF THE ATTORNEY GENERAL AND TO PROVIDE FOR PENALTIES FOR FAILURE TO COMPLY.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1020 -- Senators J. Verne Smith and Russell: A BILL TO AMEND SECTIONS 4-3-280 AND 4-3-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOUNDARIES OF GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO CORRECT A CLERICAL ERROR IN THE DESCRIPTION OF THE BOUNDARY LINE BETWEEN THE COUNTIES.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 1145 -- Senators Richter, Courtney and Waldrep: A BILL TO PROVIDE THAT EACH INSURED COVERED FOR MENTAL, EMOTIONAL, OR NERVOUS DISORDERS OR CONDITIONS MUST BE ALLOWED TO SELECT THE PHYSICIAN OR CERTAIN OTHER SPECIFIED PROVIDER TO TREAT THE DISORDER OR CONDITION, AND REQUIRE THE INSURER TO PAY THE COVERED CHARGES UP TO THE LIMITS OF COVERAGE IF THE DISORDER OR CONDITION TREATED IS COVERED BY THE INSURANCE POLICY AND THE PHYSICIAN OR OTHER SPECIFIED PROVIDER IS LICENSED BY THE STATE.
Ordered for consideration tomorrow.
The following was introduced:
H. 5226 -- Rep. Farr: A HOUSE RESOLUTION EXPRESSING SORROW AT THE DEATH OF MRS. NINA LEE WILLARD SKELTON OF UNION AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5227 -- Reps. Govan, Inabinett, Neilson, McElveen, Hutson, J. Brown, Wofford, Neal, Shissias and Wells: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES TO CONTINUE TO EXAMINE THE FAIRNESS OF THE CHILD SUPPORT GUIDELINES, PARTICULARLY WITH RESPECT TO THE SPECIFIC CATEGORIES WHICH MAKE UP THE CHILD SUPPORT GUIDELINES AMOUNT AND TO REPORT ITS FINDINGS TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND THE SENATE GENERAL COMMITTEE BY NOVEMBER 1, 1994, FOR CONSIDERATION FOR POSSIBLE SUBMITTAL AS PROPOSED REGULATIONS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1424 -- Senator Macaulay: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MARTHA TODD ALEXANDER RILEY OF SENECA, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5228 -- Rep. Stone: A BILL TO PROHIBIT THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT FROM INCREASING ITS ANNUAL BUDGET MORE THAN FIVE PERCENT FROM THE PREVIOUS FISCAL YEAR WITHOUT A FAVORABLE VOTE OF THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT APPROVING THE INCREASE.
On motion of Rep. STONE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1408 -- Senator Courtney: A BILL TO DEVOLVE THE POWERS AND DUTIES OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY UPON THE SEVEN BOARDS OF TRUSTEES OF THE LOCAL SCHOOL DISTRICTS OF THAT COUNTY, AND TO ABOLISH THE COUNTY BOARD; TO ESTABLISH THE SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE, PROVIDE FOR ITS COMPOSITION AND CHAIRMAN, AND PROVIDE FOR ITS POWERS, FUNCTIONS, AND DUTIES; TO PROVIDE THAT EACH OF THE SEVEN BOARDS OF TRUSTEES OF SPARTANBURG COUNTY SHALL HAVE TOTAL FISCAL AUTONOMY AND THAT FUNDING DERIVED FROM MINIMUM FOUNDATION MONIES MUST BE DISTRIBUTED ANNUALLY TO EACH OF THE SEVEN SCHOOL DISTRICTS OF THE COUNTY BY THE COUNTY TREASURER'S OFFICE IN ACCORDANCE WITH THE FORMULA GUIDELINES AS DIRECTED BY THE OVERSIGHT COMMITTEE; AND TO REQUIRE THAT ALL ASSETS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY BE SOLD AND THE PROCEEDS FROM THE SALE DISTRIBUTED EQUALLY BASED ON AVERAGE DAILY ATTENDANCE IN EACH OF THE SEVEN SCHOOL DISTRICTS IN THE COUNTY.
Rep. WALKER moved to waive Rule 5.12, which was agreed to by a division vote of 4 to 0.
On motion of Rep. WALKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Barber Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Fulmer Gamble Gonzales Govan Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Haskins Hines Hodges Holt Houck Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Littlejohn Marchbanks Mattos McAbee McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Townsend Trotter Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Tuesday, May 24.
Harold G. Worley Timothy F. Rogers Woodrow M. McKay James N. Law John W. Tucker, Jr. Thomas E. Huff Alma W. Byrd Dell Baker Paula H. Thomas John G. Felder C. Lenoir Sturkie Eugene C. Stoddard C. Alex Harvin, III Ralph W. Canty B. Hicks Harwell Lindsey O. Graham Donald W. "Don" Beatty
LEAVE OF ABSENCE
The SPEAKER granted Rep. LANFORD a leave of absence for the day.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-50-10. There is established the South Carolina Governor's School for the Arts and Humanities to provide training for exceptional artistically talented students and serve as a research and resource center for all students and teachers in South Carolina. The school is dedicated to serving talented students in South Carolina who show exceptional talent, promise, aptitude, and interest in creative writing, dance, music, theater, and the visual arts. This residential school shall provide intensive preprofessional and professional instruction in the arts and a strong academic and humanities program which will lead to a high school diploma and college credits.
Section 59-50-20. The school is governed by a board of directors composed of not more than fifteen members, as follows:
(1) one member from each congressional district, appointed by the Governor;
(2) four members from the State at large, appointed by the Governor;
(3) the Chairman of the Joint Legislative Committee on Cultural Affairs who serves ex officio;
(4) the State Superintendent of Education who serves ex officio;
(5) the Executive Director of the Commission on Higher Education who serves ex officio;
(6) two other members may be appointed at the discretion of the Governor and the chief administrative officer of the school if determined to be beneficial to the development of the school.
Members appointed by the Governor serve for terms of four years and until their successors are appointed and qualify, except that of those first appointed, the members representing the First, Second, and Third Congressional Districts and two at-large members serve for terms of two years and until their successors are appointed and qualify. Members receive mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions.
In making the appointments, the Governor shall seek to obtain the most qualified persons from business, industry, and the educational and arts communities.
The board of directors shall explore renovating or building appropriate facilities for the school.
Section 59-50-30. The board shall establish and approve the curriculum of study. The curriculum shall include intensive, in-depth, preprofessional instruction in the arts as well as a broad based innovative academic and humanities program which constitutes the Southern Association and the state department approved courses of study and requirements for graduation. The program also must include advanced academic studies.
Section 59-50-40. The school shall admit students in accordance with the admission criteria, standards, and procedures as established and approved by the board. To be eligible for admission to the school, an applicant must be a legal resident of South Carolina unless a special exemption is established to accept out-of-state or international exchange students or until the Governor and board change the requirement. Students must be identified as artistically talented and possess a high level of commitment, motivation, and maturity. The board shall assure, as far as possible and without jeopardizing admission standards, that an equal number of students are admitted from each of the state's congressional districts.
Section 59-50-50. The chief administrative officer of the school is the executive director, who is appointed by the board, serves at its pleasure, and administers all affairs of the school, subject to policies, rules and regulations adopted by the board. The executive director or his designee serves as secretary of the board of directors and reports at all board meetings and annually to the board on the status of the school, its needs and recommendations to carry the school forward to fulfill its mission.
Section 59-50-60. The board of directors may adopt policies and regulations necessary for the operation and management of the school.
Section 59-50-70. The board shall establish a foundation and maintain an endowment fund for the school."
SECTION 2. There is created a study committee which shall determine the desirability and feasibility of providing additional state funding to establish a year-round Governor's School for the Arts and Humanities, recommend the location of such a school, and review the issue of access for students from all geographic locations within the State and with limited economic means. The study committee consists of seven members as follows:
(1) one member of the House Ways and Means Committee appointed by the Speaker of the House;
(2) one member of the House Education and Public Works Committee appointed by the Speaker of the House;
(3) one member of the Senate Finance Committee appointed by the chairman of the committee;
(4) one member of the Senate Education Committee appointed by the chairman of the committee;
(5) the State Superintendent of Education or the superintendent's designee;
(6) the chairman of the Commission on Higher Education or the chairman's designee; and
(7) one member appointed by the Governor.
The study committee shall report its findings to the General Assembly no later than April 1,1995, and the study committee terminates when the report is made.
SECTION 3. SECTION 1 of this act takes effect on July 1, 1995, and SECTION 2 takes effect upon approval of this act by the Governor./
Amend title to conform.
/s/Senator J. Verne Smith /s/Rep. Jean L. Harris /s/Senator Wes Hayes /s/Rep. Olin R. Phillips /s/Senator John Matthews /s/Rep. Michael F. Jaskwhich On Part of the Senate. On Part of the House.
Rep. J. HARRIS explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. HODGES moved to adjourn debate upon the following Bill until Thursday, May 26, which was adopted.
S. 1403 -- Senator Gregory: A BILL TO PROHIBIT THE CITY OF LANCASTER FROM DISCONTINUING SEWER SERVICE TO A PERSON WHO CHOOSES TO DISCONNECT FROM THAT MUNICIPALITY'S WATER SYSTEM AND PROHIBIT THE CITY OF LANCASTER FROM CHARGING AN ASSESSMENT OR FEE TO FORMER CUSTOMERS LOCATED OUTSIDE ITS CORPORATE LIMITS; AND TO EXEMPT FROM REGULATION GROUNDWATER WELLS LOCATED OUTSIDE OF THE CITY OF LANCASTER FOR USE AS A PERSON'S ONLY SOURCE OF WATER.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 5028 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-5910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD A FORENSIC PATHOLOGIST AND TWO MEMBERS AT LARGE; TO AMEND SECTION 20-7-5915, RELATING TO DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, DEPARTMENT OF CHILD FATALITIES, SO AS TO PROVIDE THAT AN AUTOPSY MUST BE PERFORMED BY A PATHOLOGIST WITH FORENSIC TRAINING RATHER THAN BY A FORENSIC PATHOLOGIST; AND TO AMEND SECTION 17-5-275, RELATING TO AN INSPECTION OF A HOME IN WHICH A CHILD FATALITY OCCURRED SO AS TO PROVIDE THAT THE PETITION MAY BE MADE TO AND AN INSPECTION WARRANT ISSUED BY A LOCAL MAGISTRATE RATHER THAN THE CIRCUIT COURT.
The motion of Rep. HODGES to reconsider the vote whereby the following Bill was given a second reading was taken up and agreed to.
S. 48 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-115-15 SO AS TO ADD THE DEFINITION OF "HEALTH CARE PROVIDER"; AND TO AMEND TITLE 44, CHAPTER 115, RELATING TO THE PHYSICIANS' PATIENT RECORDS ACT, SO AS TO CHANGE THIS CHAPTER TO THE "PATIENT MEDICAL RECORDS ACT" AND TO CHANGE REFERENCES FROM "PHYSICIAN" TO "HEALTH CARE PROVIDER" THROUGHOUT THE CHAPTER.
Rep. HODGES spoke in favor of the motion to reconsider.
The motion to reconsider was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. KENNEDY having the floor.
H. 4431 -- Rep. Gonzales: A BILL TO AMEND SECTION 27-40-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LANDLORD'S LIEN ON A TENANT'S HOUSEHOLD GOODS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE.
Debate was resumed on Amendment No. 2, which was proposed on Thursday, May 19, by Rep. KENNEDY.
Rep. KENNEDY continued speaking.
The amendment was then rejected by a division vote of 25 to 36.
Rep. MOODY-LAWRENCE objected to the Bill.
The Bill was read the second time and ordered to third reading.
Rep. HODGES moved to adjourn debate upon the following Bill until Wednesday, May 25, which was adopted.
S. 48 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-115-15 SO AS TO ADD THE DEFINITION OF "HEALTH CARE PROVIDER"; AND TO AMEND TITLE 44, CHAPTER 115, RELATING TO THE PHYSICIANS' PATIENT RECORDS ACT, SO AS TO CHANGE THIS CHAPTER TO THE "PATIENT MEDICAL RECORDS ACT" AND TO CHANGE REFERENCES FROM "PHYSICIAN" TO "HEALTH CARE PROVIDER" THROUGHOUT THE CHAPTER.
The following Bill was taken up.
H. 3264 -- Rep. Hodges: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR TAKING ANTLERED DEER, SO AS TO DELETE THE PROVISIONS FOR THE WILDLIFE AND MARINE RESOURCES COMMISSION TO SET THE SEASON IN GAME ZONE 4 AND PROVIDE FOR THE SEASON IN THAT GAME ZONE.
Rep. FARR moved to table the Bill, which was agreed to.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1262 -- Senators Giese, Land, Ford, Glover, Waldrep, Moore and Jackson: A BILL TO AMEND SECTION 24-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FURLOUGHS FOR QUALIFIED INMATES OF THE STATE PRISON SYSTEM, SO AS TO PROHIBIT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS FROM EXTENDING THE BENEFITS OF THIS SECTION TO A PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 UNLESS, WHERE APPLICABLE, THE VICTIM OF THE CRIME FOR WHICH THE OFFENDER IS CHARGED, OR THE RELATIVES OF THE VICTIM, THE LAW ENFORCEMENT AGENCY WHICH EMPLOYED THE ARRESTING OFFICER OF THE OFFENDER, AND THE SOLICITOR IN WHOSE CIRCUIT THE OFFENDER WAS CONVICTED RECOMMEND IN WRITING THAT THE OFFENDER BE ALLOWED TO PARTICIPATE IN THE FURLOUGH PROGRAM IN THE COMMUNITY WHERE THE OFFENSE WAS COMMITTED.
Rep. KLAUBER explained the Bill.
H. 4750 -- Reps. Littlejohn, G. Bailey and Walker: A BILL TO AMEND TITLE 5, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES AND FIRE PREVENTION, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR THE INSTALLATION AND USE OF SMOKE DETECTORS IN RENTAL DWELLINGS AND HOUSING AND PROVIDE FOR PENALTIES.
H. 4841 -- Reps. Neal, McMahand, G. Brown, Scott, Beatty, Cooper, Govan, Waites, P. Harris, Breeland, Harrison, Stille, Shissias, Tucker, Wofford, Hallman, McElveen, Carnell, Sharpe, Davenport, Koon, Kennedy, McTeer, Richardson, Harvin, Chamblee, McLeod and Askins: A BILL TO AMEND SECTION 56-10-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING AN UNINSURED VEHICLE, SO AS TO PROVIDE THAT UPON PROOF OF FINANCIAL RESPONSIBILITY, THE PERSON'S DRIVING PRIVILEGES ARE RESTORED.
H. 4975 -- Rep. Rogers: A BILL TO AMEND SECTION 37-2-207, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT WITH CERTAIN EXCEPTIONS FORTY PERCENT OF THE SCHEDULED MINIMUM PAYMENT FOR REVOLVING CHARGE ACCOUNTS ON CONSUMER CREDIT SALES MUST BE APPLIED TO PRINCIPAL REDUCTION, SO AS TO SPECIFY CERTAIN SITUATIONS WHICH ARE NOT CONSIDERED VIOLATIONS OF THIS REQUIREMENT.
Rep. WHIPPER explained the Bill.
H. 5053 -- Rep. M.O. Alexander: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS AND PROVIDE THAT WHEN AN EMPLOYEE MAKES A CLAIM FOR BENEFITS PURSUANT TO TITLE 42 AND THE RECORDS OF THE WORKERS' COMPENSATION COMMISSION INDICATE THAT THE EMPLOYER IS OPERATING WITHOUT INSURANCE, THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND OR ANY PERSON DESIGNATED BY THE DIRECTOR MAY SUBPOENA THE EMPLOYER OR ITS AGENTS AND REQUIRE THE PRODUCTION OF ANY DOCUMENTS OR RECORDS WHICH THE FUND CONSIDERS RELEVANT TO ITS INVESTIGATION OF THE CLAIM.
Rep. M.O. ALEXANDER explained the Bill.
The following Bill was taken up.
H. 5179 -- Rep. Cooper: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, IS FURTHER AMENDED SO AS TO ADD A NEW AREA TO THE DISTRICT.
Rep. COOPER moved to table the Bill, which was agreed to.
Rep. QUINN moved to adjourn debate upon the following Bill until Wednesday, May 25, which was adopted.
H. 5188 -- Rep. Quinn: A BILL TO PROVIDE THAT OF THE SEVEN MEMBERS OF THE TRUSTEES OF SCHOOL DISTRICT NUMBER 5 IN LEXINGTON AND RICHLAND COUNTIES, FOUR MUST RESIDE IN LEXINGTON COUNTY AND THREE MUST RESIDE IN RICHLAND COUNTY, TO PROVIDE THAT ALL MUST BE ELECTED FROM ELECTION SEATS WHICH ARE NUMBERED ONE THROUGH SEVEN, DECLARE THE MOST RECENTLY FILLED SEAT FOR AN UNEXPIRED TERM BY THE LEXINGTON COUNTY BOARD OF EDUCATION VACANT AND REQUIRE THAT IT MUST BE FILLED BY A QUALIFIED ELECTOR OF RICHLAND COUNTY AT AN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION.
The following Bill was taken up.
S. 1154 -- Senators Lander, Matthews and Setzler: A BILL TO AMEND CHAPTER 5, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION OF PUBLIC BUILDINGS FOR ACCESS BY HANDICAPPED PERSONS, SO AS TO ADOPT THE REQUIREMENTS FOR ACCESSIBILITY FOR PEOPLE WITH PHYSICAL DISABILITIES IN THE STANDARD BUILDING CODE AND TO REVISE VARIOUS PROVISIONS IN THIS ARTICLE TO CONFORM; TO REVISE THE EX OFFICIO MEMBERS OF THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN; TO PROVIDE THAT THE BOARD IS EXEMPT FROM REVIEW UNDER CHAPTER 20, TITLE 1; TO PROVIDE THAT THE BOARD IS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION WHICH MUST PROVIDE CERTAIN SERVICES AND FACILITIES; TO AUTHORIZE THE BOARD TO DELEGATE ENFORCEMENT TO COUNTY BUILDING OFFICIALS OR TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO AUTHORIZE A PERSON WHO IS DEPRIVED OF RIGHTS UNDER THIS CHAPTER TO SEEK AN INJUNCTION; AND TO AMEND SECTION 1-20-50, AS AMENDED, RELATING TO DATES FOR TERMINATION OF CERTAIN BOARDS UNDER REVIEW BY THE REORGANIZATION COMMISSION, SO AS TO DELETE THE BOARD FOR BARRIER-FREE DESIGN.
Reps. VAUGHN, SHARPE, WITHERSPOON, HARRISON, R. YOUNG and FULMER objected to the Bill.
Rep. J. BAILEY moved to adjourn debate upon the following Bill until Wednesday, May 25, which was adopted.
H. 4432 -- Rep. Gonzales: A BILL TO AMEND SECTION 27-40-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVICTION PROCEDURES, SO AS TO CHANGE THE TERM "EVICTION NOTICE" TO "WRIT OF EVICTION OR EJECTMENT" AND TO REPEAL SECTION 27-40-735, A DUPLICATIVE PROVISION RELATING TO PROPERTY OF EVICTED TENANTS.
The following Bill was taken up.
H. 4565 -- Reps. D. Smith, Martin, Witherspoon and Snow: A BILL TO PROVIDE FOR THE REGULATION OF SITE AND SITE APPROVAL, TESTING OF EQUIPMENT, MANAGEMENT OF THE OPERATION, THE OPERATING PROCEDURES, AND THE PROVISIONS AND EMERGENCY PROCEDURES RELATING TO BUNGEE JUMPING FACILITIES AND OPERATIONS IN SOUTH CAROLINA, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, CERTAIN FINES AND PENALTIES.
Rep. D. SMITH moved to table the Bill, which was agreed to.
Rep. FELDER moved to adjourn debate upon the following Bill until Wednesday, June 1, which was adopted.
H. 4972 -- Reps. Felder, Wells, Beatty, Allison, Littlejohn, Townsend, Walker, Cobb-Hunter, R. Smith, Cato, G. Brown, McLeod, Waldrop, G. Bailey, Klauber, Quinn, Harvin, Houck, Richardson, Govan, McKay, Elliott, Robinson, McElveen, Davenport, Gamble and Tucker: A BILL TO CHANGE THE TITLE OF ARTICLE 5, CHAPTER 77, TITLE 38 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, FROM "REINSURANCE FACILITY AND DESIGNATED PRODUCERS" TO "REINSURANCE FACILITY, SERVICING CARRIERS AND PRODUCERS"; TO CHANGE THE TITLE OF SECTION 38-77-590 FROM "DESIGNATED PRODUCERS" TO "SERVICING CARRIERS AND PRODUCERS"; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE REINSURANCE FACILITY, AND DESIGNATED PRODUCERS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT THE CHIEF INSURANCE COMMISSIONER, AFTER CONSULTATION WITH THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SHALL DIRECT THE GOVERNING BOARD TO CONTRACT WITH ONE OR MORE INSURERS MEETING ELIGIBILITY REQUIREMENTS PROMULGATED BY THE GOVERNING BOARD TO ACT AS SERVICING CARRIERS FOR THE WRITING OF AUTOMOBILE INSURANCE THROUGH PRODUCERS ASSIGNED TO THE SERVICING CARRIER BY THE GOVERNING BOARD, THAT THE CONTRACT SHALL INCLUDE PROVISIONS FOR ONE HUNDRED PERCENT QUOTA SHARE REINSURANCE THROUGH THE FACILITY OF ANY AUTOMOBILE INSURANCE POLICY CEDED TO THE FACILITY, AND THAT THE GOVERNING BOARD MAY ESTABLISH REASONABLE NONDISCRIMINATORY STANDARDS WHICH ALL SERVICING CARRIERS MUST MEET FOR CONTRACT RENEWAL; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, INCLUDING REFERENCES TO DESIGNATED PRODUCERS, PROVIDE, AMONG OTHER THINGS, THAT MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS MAY UTILIZE DIFFERENT FILED RATES FOR CERTAIN AUTOMOBILE INSURANCE COVERAGES, AND ADD REFERENCES TO INSURERS CONTRACTED PURSUANT TO SECTION 38-77-590 AND REFERENCES TO "ASSIGNED PRODUCERS"; TO AMEND SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES AND THE USE OF THE COMPONENT AFTER APPROVAL, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT THE BOARD OF GOVERNORS OF THE FACILITY SHALL FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES FOR USE WITH THE PURE LOSS COMPONENTS FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE AND SMALL COMMERCIAL RISKS FILED WITH THE CHIEF INSURANCE COMMISSIONER BY THE RATING ORGANIZATION WITH THE LARGEST NUMBER OF MEMBERS OR SUBSCRIBERS; TO AMEND SECTION 38-73-1425, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE, AMONG OTHER THINGS, THAT PREMIUMS ATTRIBUTABLE TO RISKS CEDED AT A COMPANY FILED RATE WHICH IS GREATER THAN THE REINSURANCE FACILITY RATE SHALL NOT BE INCLUDED WHEN DETERMINING TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS UNDER SECTION 38-77-950; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION COVERAGE AND COMPREHENSIVE COVERAGE UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT AN INSURER IS NOT REQUIRED TO WRITE PRIVATE PASSENGER PHYSICAL DAMAGE COVERAGE FOR CLASSIC CARS, ANTIQUE CARS, ANY AUTOMOBILE WITH ANY MODIFICATION TO THE CHASSIS OR WHEEL BASE, ANY AUTOMOBILE WITH A WHEEL BASE OF NINETY-NINE AND ONE-HALF INCHES OR LESS, INCLUDING UTILITY VEHICLES, OR ANY AUTOMOBILE WITHIN THE "SPORTS GROUP" OR "SPORTS PREMIUM GROUP"; AND TO AMEND SECTION 38-77-350, RELATING TO AUTOMOBILE INSURANCE AND THE FORM TO BE USED WHEN OPTIONAL COVERAGES ARE OFFERED, SO AS TO PROVIDE THAT A POLICY OF AUTOMOBILE INSURANCE OFFERED OR ISSUED BY A NEW SERVICING CARRIER FOR THE REINSURANCE FACILITY TO REPLACE A POLICY PREVIOUSLY ISSUED BY A FORMER SERVICING CARRIER AND CONTAINING THE SAME COVERAGE LIMITS AS THE FORMER POLICY CONSTITUTES A VALID REPLACEMENT POLICY THAT DOES NOT REQUIRE THE NEW SERVICING CARRIER OR AGENT TO MAKE A NEW OFFER OF COVERAGE OR TO OBTAIN A NEW APPLICATION FROM THE INSURED.
Rep. T.C. ALEXANDER moved to adjourn debate upon the following Bill until Wednesday, May 25, which was adopted.
H. 4954 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-437 SO AS TO MAKE IT UNLAWFUL KNOWINGLY TO MAKE ANY FALSE STATEMENT WITH RESPECT TO INCOME FOR THE PURPOSES OF OBTAINING HOUSING FROM A PUBLIC HOUSING AUTHORITY.
The following Bill was taken up.
S. 706 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-9-62 SO AS TO PROVIDE REQUIREMENTS FOR PACKAGING AND LABELING OF COMMODITIES, SECTION 39-9-64 SO AS TO PROVIDE REQUIREMENTS FOR THE METHOD OF SALE OF COMMODITIES, SECTION 39-9-65 SO AS TO PROVIDE REQUIREMENTS FOR THE REGISTRATION OF SERVICEPERSONS AND SERVICE AGENCIES FOR COMMERCIAL WEIGHING AND MEASURING DEVICES, SECTION 39-9-66 SO AS TO PROVIDE REQUIREMENTS FOR TYPE EVALUATION, SECTION 39-9-68 SO AS TO PROVIDE REQUIREMENTS FOR THE DEPARTMENT OF AGRICULTURE CONSUMER SERVICES DIVISION TO ADMINISTER THE WEIGHTS AND MEASURES LAW, SECTION 39-9-203 SO AS TO PROVIDE RELATED CIVIL PENALTIES, SECTION 39-9-206 SO AS TO PROVIDE FOR AN ADMINISTRATIVE HEARING BEFORE ASSESSMENT OF A CIVIL PENALTY, AND SECTION 39-9-208 SO AS TO PROVIDE RELATED CRIMINAL PENALTIES; TO AMEND CHAPTER 9, TITLE 39, RELATING TO WEIGHTS AND MEASURES FOR COMMODITIES, SO AS TO REVISE DEFINITIONS AND REFERENCES TO CONFORM TO FEDERAL LAW, PROVIDE RELATED POWERS AND DUTIES FOR THE COMMISSIONER OF AGRICULTURE, REVISE REQUIREMENTS FOR LOCAL WEIGHTS AND MEASURES OFFICIALS, FOR QUANTITY, FOR MEASURES BY WHICH COMMODITIES ARE SOLD, FOR BULK DELIVERIES, AND FOR ONE OF A LOT PACKAGES CONTAINING RANDOM WEIGHTS OF THE SAME COMMODITY, PROVIDE FOR PACKAGE INFORMATION REQUIREMENTS TO APPLY TO RANDOM AND STANDARD PACKAGES, REVISE PENALTIES, AND AUTHORIZE APPLICATIONS FOR RESTRAINING ORDERS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES PROVIDED IN CHAPTER 9, TITLE 39.
The Labor, Commerce and Industry Committee proposed the following -*-Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7857BDW.94), which was adopted.
Amend the bill, as and if amended, by deleting SECTION 3, page 20, beginning on line 12.
Renumber sections to conform.
Amend to conform.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 292 -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 33, TITLE 43, SO AS TO ENACT THE "EMPLOYMENT BILL OF RIGHTS FOR PERSONS WITH DISABILITIES"; TO AMEND SECTIONS 43-33-510, 43-33-520, 43-33-530, 43-33-540, AND 43-33-560, ALL RELATING TO THE "BILL OF RIGHTS FOR HANDICAPPED PERSONS", SO AS TO DELETE REFERENCES TO EMPLOYMENT AND TO CHANGE THE TERM "HANDICAPPED PERSONS" TO "PERSONS WITH DISABILITIES"; TO CHANGE THE TITLE OF ARTICLE 7, CHAPTER 33, TITLE 43 TO "BILL OF RIGHTS FOR PERSONS WITH DISABILITIES"; TO REPEAL SECTION 43-33-550 RELATING TO JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION WITH REGARD TO EMPLOYMENT DISCRIMINATION; TO REPEAL SECTION 43-33-570 RELATING TO THE DEFINITION OF REASONABLE JUSTIFICATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS SUBJECT TO FEDERAL LAW REGARDING EMPLOYMENT DISCRIMINATION.
Reps. CROMER, VAUGHN, CATO, ALLISON, SIMRILL, QUINN, KELLEY, SHARPE and WRIGHT objected to the Bill.
Rep. JENNINGS moved that upon completion of the Ratification of Acts, the House stand adjourned.
Rep. RICHARDSON demanded the yeas and nays, which were not ordered.
The motion to adjourn upon completion of the Ratification of Acts was agreed to by a division vote of 62 to 41.
At 1:00 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R495) S. 73 -- Senator Rose: AN ACT TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20, THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO ALLOW THE ESTABLISHMENT OF A COMMUNITY RECREATION SPECIAL TAX DISTRICT IN A COUNTY BY REFERENDUM, TO PROVIDE THE METHOD OF INITIATING AND CONDUCTING THE REFERENDUM, AND TO PROVIDE THE POWERS, DUTIES, AND GOVERNMENT OF A COMMISSION ESTABLISHED PURSUANT TO THIS CHAPTER, INCLUDING PROVISIONS RELATING TO THE ABOLITION OF THE COMMISSION OR DIMINUTION OF ITS BOUNDARIES.
(R496) S. 178 -- Senator Drummond: AN ACT TO AMEND SECTIONS 4-29-140, 44-7-1590, 48-3-140, AND 58-19-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE BY WHICH THE BUDGET AND CONTROL BOARD APPROVES THE ISSUANCE OF REVENUE BONDS FOR VARIOUS PURPOSES, SO AS TO CHANGE THE PROCEDURE FOR THE ISSUANCE OF THESE BONDS.
(R497) S. 674 -- Senator Land: AN ACT TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT GROSS PROCEEDS DO NOT INCLUDE THAT PORTION OF A CHARGE SUBJECT TO AND USE TAX ATTRIBUTABLE TO THE COST SET BY STATUTE FOR A GOVERNMENTAL LICENSE OR PERMIT; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT GROSS PROCEEDS OF SALES OF SOLID WASTE DISPOSAL COLLECTION BAGS REQUIRED BY A POLITICAL SUBDIVISION'S SOLID WASTE DISPOSAL PLAN WHEN THE PLAN REQUIRES THE PURCHASE OF A SPECIFICALLY DESIGNATED CONTAINMENT BAG; TO AMEND SECTION 12-7-1250, AS AMENDED, RELATING TO THE CORPORATE INCOME TAX INFRASTRUCTURE CREDIT, SO AS TO PROVIDE THAT THE CREDIT APPLIES ANNUALLY AND UP TO THIRTY THOUSAND DOLLARS OF CREDIT MAY BE CARRIED FORWARD AND TO PROVIDE THAT THE CREDIT MAY BE CLAIMED ON A CONSOLIDATED BASIS ON A CONSOLIDATED CORPORATE INCOME TAX RETURN; AND TO AMEND SECTION 41-44-30, RELATING TO THE TAX CREDIT ALLOWED A QUALIFIED INVESTMENT FOR PURPOSES OF THE PALMETTO SEED CAPITAL FUND, SO AS TO PROVIDE THAT THE CREDIT MAY BE CLAIMED ON A CONSOLIDATED BASIS ON A CONSOLIDATED CORPORATE INCOME TAX RETURN.
(R498) S. 712 -- Senator Hayes: AN ACT TO AMEND SECTION 43-45-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY ECONOMIC OPPORTUNITY ACT OF 1983, ADMINISTERING AGENCY, AND DUTIES AND FUNCTIONS, SO AS TO DELETE THE PROVISIONS RELATING TO THE DUTY OF PRESCRIBING THE PERSONNEL PROCEDURES AND FINANCIAL SYSTEMS UNDER WHICH EACH COMMUNITY-BASED ORGANIZATION RECEIVING FUNDS UNDER CHAPTER 45 OF TITLE 43 MUST OPERATE AND RELATING TO THE DUTY OF REVIEWING AND APPROVING ALL BYLAWS FOR ORGANIZATIONS RECEIVING FUNDS UNDER THAT CHAPTER.
(R499) S. 872 -- Senators Moore, Leventis, Greg Smith, Short and Mescher: AN ACT TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT TO ORDER GRANDPARENT VISITATION, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH GRANDPARENT VISITATION MAY BE GRANTED AND TO PROVIDE THAT THIS REVISION TO THE AUTHORITY TO GRANT GRANDPARENT VISITATION DOES NOT IN AND OF ITSELF CONSTITUTE GROUNDS FOR MODIFYING AN EXISTING ORDER.
(R500) S. 914 -- Senator Courtney: AN ACT TO AMEND SECTIONS 16-3-740 AND 16-15-255, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO MANDATORY TESTING OF CERTAIN CONVICTED SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV), SO AS TO PROVIDE THAT UPON MOTION OF THE SOLICITOR IN CERTAIN CASES THE COURT SHALL ORDER TESTING FOR SEXUALLY TRANSMITTED DISEASES, INCLUDING HIV, AND FOR HEPATITIS B, AND IN OTHER CASES WHERE THE VICTIM WAS EXPOSED TO BLOOD OR BODY FLUIDS, THE COURT MAY ORDER TESTING FOR SEXUALLY TRANSMITTED DISEASES INCLUDING HIV, AND FOR HEPATITIS B; TO PROVIDE THAT POSITIVE TEST RESULTS MUST BE REPORTED TO THE DEPARTMENT HAVING CUSTODY OF THE OFFENDER IN ORDER TO PROVIDE MEDICAL TREATMENT TO THE OFFENDER; AND TO REQUIRE POSITIVE TEST RESULTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN ORDER TO PROVIDE COUNSELING TO THE VICTIM AND TO THE OFFENDER AND TO PROVIDE TESTING AND REFERRAL FOR THE VICTIM IF REQUESTED.
(R501) S. 1308 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO FAILURE TO APPEAR AT HEARINGS BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 1743, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R502) S. 1309 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, DEPARTMENT OF LABOR, LICENSING, AND REGULATION, RELATING TO SANITARY AND SAFETY RULES FOR SALONS AND SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1732, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R503) H. 3141 -- Reps. McLeod, G. Brown, Farr, H. Brown, Holt, Houck, McCraw, Hines, Walker, Neal, M.O. Alexander, McMahand, Breeland, Shissias, J. Harris, Phillips, Byrd and R. Young: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-15 SO AS TO PROVIDE THAT THE PROHIBITION ON CERTAIN SIGNS IN THE HIGHWAY RIGHT-OF-WAY DOES NOT EXTEND TO A WELCOME SIGN OR OTHER SIGNS PROVIDING DIRECTIONS TO A PUBLIC FACILITY OR EVENT ERECTED BY THE GOVERNING BODY OF A MUNICIPALITY OR COUNTY OR ORGANIZED CHURCH IF THE SIGN PRESENTS NO TRAFFIC HAZARD AND PROVIDE THAT A SIGN LOCATED ON THE RIGHT-OF-WAY MUST MEET DEPARTMENT OF TRANSPORTATION SIZE, LOCATION, AND SUPPORT REQUIREMENTS; AND TO AMEND SECTION 57-25-150, AS AMENDED, RELATING TO PERMITS FOR THE ERECTION AND MAINTENANCE OF HIGHWAY SIGNS, SO AS TO ALLOW THE ERECTION OF DIRECTIONAL SIGNS FOR PROPERTIES LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES WHICH ARE LOCATED ALONG HIGHWAYS IN THIS STATE.
(R504) H. 3692 -- Reps. Vaughn, Waldrop, J. Bailey, Hines, Farr, Kirsh, Stone, Walker, Littlejohn, Gamble, Richardson, Cobb-Hunter, Allison, Wells, Wofford, Chamblee, Corning, Cato, Holt, Harrelson, Davenport, Moody-Lawrence, P. Harris, Gonzales, Witherspoon, Cooper, Byrd, Riser, Wright, D. Wilder, Mattos, Houck, Jaskwhich and Klauber: AN ACT TO AMEND SECTION 20-7-1650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO ADOPTIONS, SO AS TO REVISE THE DEFINITION OF CHILD PLACING AGENCY.
(R505) H. 4056 -- Reps. Rogers, G. Bailey, Hallman, Wofford, Fulmer, Barber, Simrill, Baxley, Harvin, McAbee, Waldrop, Snow, Rudnick, Waites, J. Bailey, Wells, H. Brown and Meacham: AN ACT TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIMS' OMBUDSMAN OF THE OFFICE OF THE GOVERNOR AND PROVIDE FOR THE OMBUDSMAN'S POWERS AND DUTIES, TO TRANSFER THE SUM OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND THREE FULL-TIME EQUIVALENT POSITIONS FROM THE DIVISION OF VICTIMS' ASSISTANCE TO THE CRIME VICTIMS' OMBUDSMAN'S OFFICE AND PROVIDE FOR THESE TRANSFERS IN THE CURRENT AND SUCCEEDING FISCAL YEARS, AND TO CREATE AN ADVISORY COMMITTEE ON FAMILY VIOLENCE TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, INCLUDING ITS TERMINATION JULY 1, 1997, WHEN EXTENDED BY THE GENERAL ASSEMBLY BY JOINT RESOLUTION.
(R506) H. 4079 -- Reps. Breeland, J. Brown, Govan, Hines, Whipper, Inabinett, White, Holt, Neal, Byrd, Keyserling, Cobb-Hunter and McMahand: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF JUVENILE JUSTICE TO PROVIDE ACCOMMODATIONS AND JOB TRAINING APPLICABLE TO CURRENT AND FUTURE JOB MARKETS TO NONVIOLENT OFFENDERS BETWEEN THE AGES OF FIFTEEN AND EIGHTEEN; TO CONSIDER FACILITIES VACATED BY BASE CLOSING FOR USE AS RESIDENTIAL FACILITIES; TO ENCOURAGE THE USE OF SHOCK INCARCERATION METHODS WITH THESE OFFENDERS; AND TO REQUIRE THE DEPARTMENT TO REPORT ON ITS IMPLEMENTATION OF THESE PROVISIONS.
(R507) H. 4756 -- Reps. Waites, Inabinett, Moody-Lawrence, Graham, Whipper, Waldrop, Neilson, Scott, Snow, Shissias, Harrelson, Breeland, Govan, Neal, Corning, Rudnick, Rogers, Thomas, Riser and T.C. Alexander: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 32 SO AS TO ENACT THE "SAFE CREMATION ACT" AND TO PROVIDE FOR THE AUTHORIZATION OF, THE PROCEDURES FOR, AND REGULATION OF CREMATION; BY ADDING SECTION 17-5-305 SO AS TO REQUIRE THAT THE REMAINS OF AN UNIDENTIFIED DEAD PERSON MAY NOT BE CREMATED BUT MUST BE BURIED; TO AMEND SECTION 17-5-310, RELATING TO CREMATION PERMITS, SO AS TO PROVIDE THAT A CORONER OR DEPUTY CORONER MAY ISSUE SUCH PERMIT; AND TO AMEND SECTION 17-5-320, RELATING TO REPORTING THE ABSENCE OF AN INVESTIGATION OF VIOLENT OR SUSPICIOUS DEATHS, SO AS TO PROVIDE THAT THE REPORT MAY BE MADE TO A CORONER OR DEPUTY CORONER.
(R508) H. 4763 -- Rep. Kirsh: AN ACT TO AMEND SECTION 40-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS OF CHAPTER 33, TITLE 40, THE NURSE PRACTICE ACT, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT PROHIBIT THE PRACTICE OF NURSING BY GRADUATES OF NURSING SCHOOLS AWAITING LICENSING EXAMINATION RESULTS, AND TO AMEND SECTION 40-33-920, AS AMENDED, RELATING TO LICENSING REEXAMINATION, SO AS TO REVISE THE REQUIREMENTS FOR REEXAMINATION.
(R509) H. 4775 -- Rep. Hodges: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, CHAPTER 7, TITLE 44 SO AS TO ENACT THE HEALTH CARE COOPERATION ACT, WHICH PROVIDES FOR HEALTH CARE COOPERATIVE AGREEMENTS AND FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CERTIFY, REGULATE, AND MONITOR THESE AGREEMENTS; AND TO ESTABLISH A TASK FORCE UNDER THE HEALTH CARE PLANNING AND OVERSIGHT COMMITTEE TO STUDY OPEN-HEART SURGERY AND THERAPEUTIC CARDIAC CATHETERIZATION SERVICES; TO PROVIDE CRITERIA THAT MUST BE MET TO PERFORM CATHETERIZATIONS UNTIL THE TASK FORCE ISSUES ITS FINDINGS AND RECOMMENDATIONS; TO DIRECT THE SOUTH CAROLINA BOARD OF MEDICAL EXAMINERS TO CONDUCT REVIEWS OF THESE SERVICES; TO DIRECT THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD TO STUDY FACILITIES PERFORMING THESE SERVICES AND TO PATIENT OUTCOMES; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO TAKE SANCTIONS IF PATIENT CARE IS BEING COMPROMISED; AND TO PROHIBIT DISCOVERY OF INFORMATION OBTAINED FROM THESE STUDIES.
(R510) H. 4780 -- Rep. Klauber: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-65 SO AS TO PROVIDE THAT A RESIDENT OF A NURSING HOME OR A RESIDENT'S REPRESENTATIVE MAY CONTRACT WITH A PERSON NOT ASSOCIATED WITH THE NURSING HOME FROM AN APPROVED LIST TO PERFORM SITTER SERVICES, TO PROVIDE EXCEPTIONS TO REQUIRE THAT THE FACILITY IS HELD HARMLESS, AND TO REQUIRE PERSONS CURRENTLY PROVIDING THESE SERVICES TO CONFORM TO THIS SECTION.
(R511) H. 4969 -- Reps. Lanford, Holt, Marchbanks, Inabinett, Jaskwhich, R. Smith, Haskins, Hines, Simrill, Neilson, Stone, Moody-Lawrence, Robinson, Trotter, Beatty, Farr, McMahand, Chamblee, Baker, Cato, Worley, Huff, Stoddard, Riser, Davenport, Breeland, McTeer, Byrd, Govan, D. Smith, Whipper, Wright, Richardson, Koon, McLeod, and Thomas: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 1993-94 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, COLD, OR INCLEMENT WEATHER ARE 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.
(R512) H. 5076 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO EXAMINATION AND RE-EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1750, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
At 1:04 P.M. the House resumed, the SPEAKER in the Chair.
At 1:05 P.M. the House in accordance with the motion of Rep. SCOTT adjourned in memory of Shirley S. Morris of Columbia, to meet at 10:00 A.M. tomorrow.
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