Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, 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, across the centuries hear the words of the Prophet Isaiah (1:17-18) NIV:
"Learn to do right! Seek justice!
Encourage the oppressed. Defend the cause
of the fatherless. Plead the case of
the widow. Come now, let us reason together,
says the Lord."
Let us pray.
Our Father-God: You know the fall of every bird. You are concerned with every child of creation.
You know, and we know, that it is not enough for us to want things, nor to pray for things; but that the time comes for us to make the personal and corporate decisions and commitments that lead to hard work to obtain the things for which we pray.
We know that decision-making time has arrived!
Help us to think corporately. Help us to be sensitive to each other's points of view. Help us to realize that the good of all the people of our beloved State demands unity of Spirit. Help us to move forward.
May we achieve our goals because, in the "specifics" of our legislation, we have "reasoned together" guided by Your Spirit.
Amen.
Senator WILLIAMS made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator WILLIAMS moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Gregory
Hayes Holland Jackson
Land Lander Leatherman
Leventis Macaulay Martin
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Patterson Peeler
Rankin Reese Richter
Rose Russell Ryberg
Saleeby Setzler Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson
The Senate resumed.
The 25th Annual Report of the Joint Legislative Committee on Aging was received and ordered printed in the House Journal of Friday, May 20, 1994.
The Annual Report of the S.C. Legislative-Governor's Committee on Mental Health and Mental Retardation was received and ordered printed in the House Journal of Friday, May 20, 1994.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
May 6, 1994
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Member, Juvenile Parole Board, with term to commence September 30, 1991, and to expire September 30, 1995:
At-Large:
Mrs. Sondra L. Campbell, 2312 Discher Street, Charleston, S.C. 29405 VICE Herbert J. Walton (resigned)
Referred to the Committee on Corrections and Penology.
May 16, 1994
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, South Carolina Arts Commission, with term to commence June 30, 1993, and to expire June 30, 1996:
At-Large:
Mr. Carl R. Blair, #2 Oakleaf Drive, Greenville, S.C. 29609
Referred to the General Committee.
May 17, 1994
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Member, Commission on Women, with term to commence October 18, 1994, and to expire October 18, 1998:
At-Large:
Ms. Laurene W. Davis, 924 Aaron Drive, Columbia, S.C. 29203 VICE Mildred W. McDuffie
Referred to the General Committee.
Reappointment, Member, South Carolina Foster Care Review Board, with term to commence June 30, 1993, and to expire June 30, 1997:
2nd Congressional District:
Ms. Cecilia Aversa, 1108 Baywater Drive, West Columbia, S.C. 29170
Referred to the General Committee.
Initial Appointment, Member, Juvenile Parole Board, with term to commence June 30, 1992, and to expire June 30, 1996:
1st Congressional District:
Mr. William J. Capers, 3244 Starlette Avenue, North Charleston, S.C. 29420-8847 VICE Robert Capers
Referred to the Committee on Corrections and Penology.
Initial Appointment, Member, State Human Affairs Commission, with term to commence June 30, 1994, and to expire June 30, 1997:
3rd Congressional District:
Ms. Mable H. Wynn, 258 Grove Road, Clemson, S.C. 29631 VICE Rufus B. Keys, Jr.
Referred to the Committee on Judiciary.
May 18, 1994
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Member, Children's Trust Fund of South Carolina, with term to commence July 1, 1994, and to expire June 30,1998:
4th Congressional District:
Mrs. Carolyn E. Frederick, 326 Chick Springs Road, Greenville, S.C. 29609 VICE Frances DeLoache Ellison
Referred to the General Committee.
Reappointment, Member, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1994, and to expire August 15, 1998:
At-Large:
Mrs. Rebecca K. Swindell, Post Office Box 955, Bamberg, S.C. 29003
Referred to the Committee on Labor, Commerce and Industry.
May 20, 1994
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Member, Insurance Commission, with term to commence June 30, 1994, and to expire June 30, 2000:
3rd Congressional District:
Mr. William L. Lawless, 2114 Easley Highway, Piedmont, S.C. 29673 VICE Joab M. Anderson
Referred to the Committee on Banking and Insurance.
May 23, 1994
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Member, State Human Affairs Commission, with term to commence July 1, 1994, and to expire June 30, 1997:
4th Congressional District:
Mr. Harris G. Andrews, 9 Selwyn Drive, Greenville, S.C. 29615 VICE Harry B. Luthi
Referred to the Committee on Judiciary.
The following was received and referred to the appropriate committee for consideration:
Document No. 1781
Promulgated by Budget and Control Board
Data Release for Medical Encounter Data & Financial Reports
Received by Lt. Governor May 23, 1994
Referred to Senate Committee on Medical Affairs
120 day review expiration date April 29, 1995
Senator DRUMMOND introduced Dr. Ben Wright, Jr. of Columbia, S.C., Doctor of the Day.
Senator J. VERNE SMITH asked unanimous consent to make a motion that when the Senate reconvenes next Tuesday, May 31, 1994, that it convene at 12:00 Noon, and that when the Senate adjourns, it shall stand adjourned no later than 2:00 P.M.
There was no objection and the motion was adopted.
At 12:12 P.M., Senator RYBERG asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying acts at 12:30 P.M.
Senator McCONNELL objected.
Senator COURSON asked unanimous consent to make a motion that the Senate go into Executive Session prior to adjournment.
Senator CORK objected.
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.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator J. VERNE SMITH spoke on the report.
On motion of Senator J. VERNE SMITH, the Report of the Committee of Conference to H. 4036 was adopted as follows:
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.
, and a message was sent to the House accordingly.
Columbia, S.C., May 19, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.
asks for a Committee of Conference, and has appointed Reps. Boan, Hallman and Cobb-Hunter of the Committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators DRUMMOND, J. VERNE SMITH and LEVENTIS of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 19, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
asks for a Committee of Conference, and has appointed Reps. Boan, Hallman and Cobb-Hunter of the Committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators DRUMMOND, J. VERNE SMITH and LEVENTIS of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 24, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. McElveen, Townsend and Gamble of the Committee of Conference on the part of the House on:
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.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 24, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Jennings, Martin and J. Harrison of the Committee of Conference on the part of the House on:
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.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 24, 1994
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
At 12:30 P.M., Senator WILLIAMS asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 1:00 P.M.
There was no objection and a message was sent to the House accordingly.
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.
Senator ROSE asked unanimous consent to recall the Bill from the House.
There was no objection and the House was requested to return the Bill.
H. 4738 -- Reps. Gamble, Waites, Koon, Cromer, Sturkie, Stuart, Wright, Quinn, Riser, Neal, Harrison, Byrd, Rogers and J. Brown: A BILL TO AMEND SECTION 59-53-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE COMMISSION, INCREASE THE TERM OF THE MEMBERS OF THE COMMISSION FROM THREE TO FOUR YEARS, PROVIDE THAT A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS AND PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.
Senator SETZLER asked unanimous consent to make a motion to recall the Bill from the Committee on Education.
There was no objection.
On motion of Senator SETZLER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5094 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE QUAIL SEASON IN GAME ZONE 8.
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.
There was no objection.
On motion of Senator HOLLAND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4634 -- Reps. Cromer, Tucker, Baxley, Gonzales, Stoddard, Inabinett, Kennedy, Wells, Allison, Hallman, Townsend, Hodges, H. Brown, Corning, Lanford, Law, Govan, Stone, G. Brown, G. Bailey, Meacham, D. Wilder, Witherspoon, McKay, Simrill, McCraw, Walker, Robinson, Riser, Kelley, Vaughn, Shissias, Stuart, R. Smith, Stille, Littlejohn, Chamblee, Houck, Harrison, Farr, Gamble, Fulmer, Haskins, Davenport, Williams, Cato, Neilson, J. Wilder, Marchbanks, Spearman, Harvin, Richardson and Thomas: A BILL TO AMEND SECTION 17-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL AUTHORITIES ALLOWING ABLE-BODIED CONVICTS TO PERFORM LABOR ON PUBLIC WORKS OR WAYS, SO AS TO EXEMPT CERTAIN CONVICTS; TO AMEND SECTION 24-3-35, RELATING TO USE OF COUNTY PRISONERS FOR LITTER REMOVAL, SO AS TO REQUIRE THE USE OF PRISONERS INSTEAD OF THE PERMISSIVE USE OF PRISONERS; TO AMEND SECTIONS 24-7-10, 24-7-20, 24-7-30, 24-7-40, AND 24-7-50, RELATING TO COUNTY AND MUNICIPAL CHAIN GANGS, SO AS TO MANDATE THE USE OF ABLE-BODIED PRISONERS LOCATED IN COUNTY AND MUNICIPAL CORRECTIONAL FACILITIES ON WORK GANGS ON PUBLIC WORKS.
Senator MITCHELL asked unanimous consent to make a motion to recall the Bill from the Committee on Corrections and Penology.
Senator THOMAS objected.
The following were introduced:
S. 1427 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) SITE REHABILITATION AND FUND ACCESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1726, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 1428 -- Senators Peeler, Hayes, Gregory and Short: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1429 -- Senator Drummond: A CONCURRENT RESOLUTION TO COMMEMORATE THE NAMING BY THE SOUTH CAROLINA FORESTRY COMMISSION OF AN AREA DEDICATED TO RECREATION AND SPORTING DOG FIELD TRIAL EVENTS, TO BE LOCATED ON SAND HILLS STATE FOREST IN CHESTERFIELD COUNTY, FOR THE HONORABLE DR. H. COOPER BLACK, JR.
Whereas, the members of the General Assembly wish to honor the late Dr. H. Cooper Black, Jr. of Columbia who died October 24, 1993; and
Whereas, Dr. Black, who was born in Orangeburg County, admirably served his fellowman through his chosen vocation as a surgeon in the midlands of South Carolina; and
Whereas, Dr. Black contributed greatly to the Palmetto State's time-honored tradition of sport hunting and the conservation of natural resources through his love for the great outdoors, his active participation in the Sandlapper Field Trial Club, and his service as Chairman of the South Carolina Sporting Dog Commission; and
Whereas, his lifelong interest in and dedication to all aspects of sport hunting and natural resources conservation has left a legacy of true sportsmanship and respect for our natural resources that will inspire generations of South Carolinians to come; and
Whereas, the General Assembly of South Carolina feels it is fitting and proper that this true sportsman, Dr. H. Cooper Black, Jr., is honored by naming an area dedicated to recreation and sporting dog field trial events for him. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly commemorate the naming by the South Carolina Forestry Commission of an area dedicated to recreation and sporting dog field trial events, to be located on Sand Hills State Forest in Chesterfield County, for the Honorable Dr. H. Cooper Black, Jr.
Be it further resolved that a copy of this resolution be forwarded to Dr. Black's widow, Mrs. Jackie Dubose Black.
Referred to the Committee on Fish, Game and Forestry.
H. 4932 -- Reps. Jaskwhich, Phillips, Allison, Farr, Wright, Keegan, Kelley, Stille, Littlejohn, Byrd, Anderson, McMahand and Stuart: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY OF MANDATORY FULL-DAY PUBLIC KINDERGARTENS IN SOUTH CAROLINA, TO PROVIDE THAT THE MEMBERSHIP OF THE COMMITTEE SHALL BE APPOINTED BY THE STATE DEPARTMENT OF EDUCATION AND SHALL INCLUDE REPRESENTATIVES OF CERTAIN PUBLIC AND PRIVATE AGENCIES AND ENTITIES, AND TO PROVIDE THAT THE COMMITTEE SHALL REPORT ITS FINDINGS TO THE RESPECTIVE EDUCATION COMMITTEES OF THE GENERAL ASSEMBLY BY MARCH 1, 1995.
Be it resolved by the House of Representatives, the Senate concurring:
That a committee to study the feasibility of mandatory full-day public kindergartens is established as follows:
(A) The members of the committee shall be appointed by the Department of Education, and the department, in consultation with the House Education and Public Works Committee and the Senate Education Committee, shall include representatives from appropriate community and professional organizations or entities. The 1994 State Teacher of the Year shall also be a member of the committee and shall serve as its chair. The Department of Education shall provide staff support to the committee and it shall be convened no later than August 1, 1994.
(B) The committee shall study the feasibility of mandatory full-day public kindergartens in South Carolina. The committee shall examine relevant research and review the varying effects of current programs in terms of teaching methods, staff training, developmental appropriateness of curricula, and generally in terms of how well public prekindergarten and kindergarten programs are working. The committee shall make recommendations about the following issues:
1. the short-term and long-range effects of full-day kindergarten programs in terms of readiness for first grade;
2. the effects of reducing the teacher-pupil ratios in kindergarten and the level of significance of various ratios;
3. the effects of expanding three- and four-year-old programs in terms of readiness for first grade;
4. the extent of integration of 0-5 parenting programs with preschool and kindergarten programs both as a precursor to public preschool programs and as ongoing parental involvement and training in prekindergarten and kindergarten programs; and
5. the effects of collaboration with Head Start and other preschool programs, and also with health and human service agencies.
(C) The committee shall report its findings to the House Education and Public Works Committee and the Senate Education Committee by March 1, 1995, at which time it shall be dissolved.
(D) Members of the committee shall receive the usual mileage, subsistence, and per diem paid by law to members of state boards, commissions, and committees to be paid from funds appropriated to the Department of Education.
Be it further resolved that a copy of this resolution be forwarded to the State Department of Education.
Referred to the Committee on Education.
H. 5220 -- Reps. J. Wilder, Baxley, Walker, Mattos, Barber, Shissias, J. Harris, Wells, Cromer and T.C. Alexander: A CONCURRENT RESOLUTION TO COMMEND THE ESTABLISHMENT OF THE DISABILITY COALITION OF SOUTH CAROLINA AND RECOGNIZE AND ENCOURAGE ITS ROLE TO ADVOCATE FOR INDIVIDUALS WITH DISABILITIES AND THEIR FAMILIES TO ASSURE EQUALITY OF OPPORTUNITY, FULL PARTICIPATION, INDEPENDENT LIVING, AND ECONOMIC SELF-SUFFICIENCY AND TO FURTHER ENSURE THAT THE STATE OF SOUTH CAROLINA PLAY AN ONGOING ROLE IN ENFORCING THE SPIRIT AND STANDARDS OF THE AMERICANS WITH DISABILITIES ACT IN THE CRITICAL AREAS OF TRANSPORTATION, COMMUNICATION, PUBLIC ACCOMMODATIONS, EDUCATION, EMPLOYMENT, HOUSING, RECREATION, HEALTH SERVICES, VOTING, AND ACCESS TO PUBLIC SERVICES ON BEHALF OF INDIVIDUALS WITH DISABILITIES.
Whereas, disability in no way diminishes the right of individuals to live independently, enjoy self-determination, make choices, pursue meaningful careers, and enjoy full inclusion in the economic, political, social, cultural, and educational mainstream of American society; and
Whereas, we encourage and support the Disability Coalition of South Carolina and its guiding principles:
People with disabilities share the dignity and worth innate to every human being.
People with disabilities, like all other people, have unique abilities, preferences, needs, desires, goals, and dreams.
People with disabilities have the right to full access and to inclusion in all aspects of the community.
People with disabilities have a right to freedom from abuse, harm, neglect, prejudice, and stigma.
People with disabilities have the right to grow up as part of a family and to act and be responsible on their own behalf, to direct their own future, to represent their own interests, to take responsibility for their own actions and decisions, and to take risks based on their own goals and values.
People with disabilities have the right to accurate and timely information, presented in a manner they can use, in order to have options and make informed choices.
People with disabilities and their families have the right and responsibility to actively participate in the formulation of policies that affect their lives.
People with disabilities and their families have the right to accessible services and supports, customized to their needs, responsive to changing circumstances and provided in their community; and
Whereas, there are more than 300,000 South Carolinians and some 48.9 million Americans who have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older; and
Whereas, people with disabilities have the same civil rights as all American citizens. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, hereby commend the establishment of the Disability Coalition of South Carolina and recognize and encourage its role to advocate for individuals with disabilities and their families to assure equality of opportunity, full participation, independent living, and economic self-sufficiency and to further ensure that the State of South Carolina play an ongoing role in enforcing the spirit and standards of the Americans with Disabilities Act in the critical areas of transportation, communication, public accommodations, education, employment, housing, recreation, health services, voting, and access to public services on behalf of individuals with disabilities.
Be it further resolved that a copy of this resolution be forwarded to Sean Smith, Disability Action Center, 3126 Beltline Boulevard, Columbia, South Carolina 29204.
Referred to the Committee on Medical Affairs.
H. 5221 -- Rep. Wells: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STUDENT LEGISLATURE TO USE THE COMMITTEE AND CONFERENCE ROOMS OF THE GRESSETTE AND BLATT BUILDINGS ON OCTOBER 19 - 22, 1994, FOR ITS ANNUAL MEETING.
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina State Student Legislature is authorized to use the committee and conference rooms of the Gressette and Blatt Buildings on October 19 - 22, 1994, for its annual meeting. If the Senate is in statewide session on any of these days, the Gressette Building may not be used on these days. If the House is in statewide session on any of these days, the Blatt Building may not be used on these days.
Be it further resolved that no expenses may be charged to the South Carolina State Student Legislature for use of these chambers and facilities and such use must be in accordance with the policy of each respective body.
Referred to the Committee on Invitations.
H. 5222 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMEMORATING THE FORTIETH ANNIVERSARY OF BROWN VS. BOARD OF EDUCATION, THE LANDMARK UNITED STATES SUPREME COURT DECISION WHICH EFFECTIVELY ENDED RACIAL SEGREGATION IN THE NATION'S PUBLIC SCHOOLS.
Whereas, in May, 1954, a unanimous United States Supreme Court, speaking through then Chief Justice Earl Warren of California, rendered its landmark decision on school segregation in the consolidated case of Brown vs. Board of Education; and
Whereas, courageous South Carolinians from Clarendon County were involved in this decision, having filed a similar lawsuit in that county seeking an end to the Supreme Court's 1896 pronouncement that "separate but equal" facilities for the races in public education were legally permissible; and
Whereas, the Clarendon County lawsuit was consolidated with the case arising in Topeka, Kansas (Brown vs. Board of Education) and other similar cases from other parts of the country with the result that the concept of "separate but equal" was struck down and doors were opened, both literally and figuratively, for a large, and long-dispossessed, segment of America's population; and
Whereas, the National Association for the Advancement of Colored People led the fight then, and remains in the forefront today, for racial justice and equality under the law; and
Whereas, NAACP officials will be in Clarendon County during May, 1994, to celebrate the fortieth anniversary of the decision that cleared the way for desegregation in this country's public schools; and
Whereas, everyone in South Carolina should pause to consider the significance and effect of this landmark court case and consider how to end forever racial injustice regardless of what form it may take. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, commemorates the fortieth anniversary of Brown vs. Board of Education, the landmark United States Supreme Court decision which effectively ended segregation in the nation's public schools.
Be it further resolved that copies of this resolution be forwarded to the following: Dr. William F. Gibson, Chairman, NAACP National Board of Directors; Dr. Benjamin F. Chavis, NAACP Executive Director and CEO; Mr. James Washington, President of the Clarendon branch of the NAACP; Judge Reuben Clark, President of the Manning branch of the NAACP; and Mrs. Marjorie Fleming, widow of longtime Manning NAACP branch president and nationally known civil rights leader, Mr. Billie S. Fleming.
Referred to the Committee on Education.
H. 5224 -- Rep. Rhoad: A CONCURRENT RESOLUTION TO COMMEMORATE THE NAMING BY THE SOUTH CAROLINA FORESTRY COMMISSION OF AN AREA DEDICATED TO RECREATION AND SPORTING DOG FIELD TRIAL EVENTS, TO BE LOCATED ON SAND HILLS STATE FOREST IN CHESTERFIELD COUNTY, FOR THE HONORABLE DR. H. COOPER BLACK, JR.
Whereas, the members of the General Assembly wish to honor the late Dr. H. Cooper Black, Jr., of Columbia who died October 24, 1993; and
Whereas, Dr. Black, who was born in Orangeburg County, admirably served his fellowman through his chosen vocation as a surgeon in the midlands of South Carolina; and
Whereas, Dr. Black contributed greatly to the Palmetto State's time-honored tradition of sport hunting and the conservation of natural resources through his love for the great outdoors, his active participation in the Sandlapper Field Trial Club, and his service as Chairman of the South Carolina Sporting Dog Commission; and
Whereas, his lifelong interest in and dedication to all aspects of sport hunting and natural resources conservation has left a legacy of true sportsmanship and respect for our natural resources that will inspire generations of South Carolinians to come; and
Whereas, the General Assembly of South Carolina feels it is fitting and proper that this true sportsman, Dr. H. Cooper Black, Jr., is honored by naming an area dedicated to recreation and sporting dog field trial events for him. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly commemorate the naming by the South Carolina Forestry Commission of an area dedicated to recreation and sporting dog field trial events, to be located on Sand Hills State Forest in Chesterfield County, for the Honorable Dr. H. Cooper Black, Jr.
Be it further resolved that a copy of this resolution be forwarded to Dr. Black's widow, Mrs. Jackie Dubose Black.
Referred to the Committee on Fish, Game and Forestry.
H. 5225 -- Reps. McMahand, M.O. Alexander, Anderson, Baker, Cato, Haskins, Jaskwhich, Mattos, Wilkins and Vaughn: A CONCURRENT RESOLUTION TO RECOGNIZE DR. THOMAS ELLIOTT KERNS OF GREENVILLE, SUPERINTENDENT OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, UPON HIS RETIREMENT AFTER THIRTY-NINE YEARS OF SERVICE IN THE DISTRICT.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4378 -- Reps. Scott, Rudnick and Corning: A BILL TO PROVIDE THAT, FOR PURPOSES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE, IN AN ACCIDENT OR COLLISION WHERE THE PROPERTY DAMAGE IS SEVEN HUNDRED FIFTY DOLLARS OR MORE, A NONTICKETED VIOLATION IS NOT SUBJECT TO A RECOUPMENT CHARGE.
Read the first time and referred to the Committee on Banking and Insurance.
H. 5159 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CHIROPRACTIC EXAMINERS, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO CORRECTION OF TERMINOLOGY INCONSISTENCIES REGARDING THERAPEUTIC MODALITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1758, 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 Labor, Commerce and Industry.
H. 5163 -- Reps. J. Bailey and Holt: A BILL TO PROVIDE THAT THE APPOINTMENT AND BUDGETARY REVIEW POWERS OF THE CHARLESTON COUNTY LEGISLATIVE DELEGATION IN REGARD TO THE AREA COMMISSION FOR THE BERKELEY-CHARLESTON- DORCHESTER TECHNICAL EDUCATION CENTER ARE DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 5187 -- Reps. D. Smith, Tucker and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-45 SO AS TO CREATE THE STATE HOUSE PRESERVATION FUND TO CONSIST OF PUBLIC AND PRIVATE CONTRIBUTIONS TO PRESERVE, RENOVATE, AND MAINTAIN THE STATE CAPITOL BUILDING AND GROUNDS.
Read the first time and referred to the Committee on Finance.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 1299 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-85 SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR LICENSURE AS A BAIL BONDSMAN, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
S. 1369 -- Senators J. Verne Smith, Leatherman and Mescher: A BILL TO AMEND SECTION 40-22-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL REGISTRATIONS AND FEES FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, SO AS TO AUTHORIZE THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS TO PROMULGATE REGULATIONS REQUIRING DEMONSTRATION OF COMPETENCE FOR REGISTRATION RENEWAL.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 3435 -- Rep. G. Bailey: A BILL TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "BURGLAR ALARM SYSTEM BUSINESS" AND ACTIVITIES WHICH ARE NOT CONSIDERED WITHIN THE MEANING OF THIS DEFINITION, SO AS TO REVISE THIS DEFINITION AND CERTAIN EXCEPTIONS TO IT; TO AMEND SECTION 40-79-50, AS AMENDED, RELATING TO LICENSING OF PERSONS TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE LICENSING BOARD FOR CONTRACTORS MAY DENY A LICENSE APPLICATION; AND TO AMEND SECTION 40-79-140, AS AMENDED, RELATING TO STANDARDS AN APPLICANT MUST MEET TO QUALIFY FOR AN ALARM SYSTEM BUSINESS LICENSE, SO AS TO REVISE CERTAIN OF THESE STANDARDS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 4595 -- Reps. Jennings, Baxley, Neilson, Hines and J. Harris: A BILL TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEANING OF "ALARM SYSTEM BUSINESS" FOR PURPOSE OF REGULATION, SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE AN ELECTRIC SUPPLIER, ELECTRICAL UTILITY, OR MUNICIPALITY.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 4702 -- Reps. J. Brown, Beatty, Cobb-Hunter, Gamble, Stuart, McAbee, Canty, McMahand, Byrd, Govan, Inabinett, Lanford, Whipper, Wells, Keyserling and Hutson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-105 SO AS TO PROVIDE REQUIREMENTS TO RENEW A LICENSE FOR FUNERAL DIRECTORS AND EMBALMERS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 4733 -- Rep. Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-280 SO AS TO PROVIDE FOR THE DEPOSIT OF MONIES RECEIVED BY A PROPERTY MANAGER, OR BY A BROKER, AS AGENT FOR HIS PRINCIPAL IN A REAL ESTATE TRANSACTION, AND PROVIDE THAT THE MONIES DEPOSITED IN ACCORDANCE WITH THIS SECTION MUST REMAIN WHERE DEPOSITED UNTIL CONSUMMATION OR TERMINATION OF THE TRANSACTION, WHEN THE BROKER SHALL MAKE A FULL ACCOUNTING TO HIS PRINCIPAL.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4818 -- Rep. Hodges: A BILL TO AMEND SECTION 1-3-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR FILLING VACANCIES IN AN OFFICE OF THE EXECUTIVE DEPARTMENT BY APPOINTMENT UNDER CERTAIN CONDITIONS, SO AS TO EXCLUDE THE OFFICE OF LIEUTENANT GOVERNOR BECAUSE THE MANNER IN WHICH VACANCIES IN THIS OFFICE ARE FILLED ARE PROVIDED FOR IN OTHER PROVISIONS OF LAW; SECTION 1-7-920, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO CORRECT A REFERENCE TO A REPRESENTATIVE ON THE COMMISSION FROM THE DEPARTMENT OF PUBLIC SAFETY; SECTION 1-11-310, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 1-19-60, RELATING TO THE COMPOSITION OF THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE THAT ONE OF THE GUBERNATORIAL APPOINTEES MAY BE THE DIRECTOR OF THE DEPARTMENT OF COMMERCE OR HIS DESIGNEE RATHER THAN A MEMBER OF THE STATE DEVELOPMENT BOARD; SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CORRECT A REFERENCE TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 1-30-35, RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 1-30-65, RELATING TO THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO CORRECT CERTAIN REFERENCES TO THE PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS UNDER THE DEPARTMENT; SECTION 1-30-85, RELATING TO THE DEPARTMENT OF PROBATION, PARDON AND PAROLE, SO AS TO CORRECT THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; TO AMEND SECTION 2-7-73, AS AMENDED, RELATING TO LEGISLATIVE ENACTMENTS AND THE REQUIREMENT THAT BILLS AND RESOLUTIONS MANDATING HEALTH INSURANCE COVERAGE MUST HAVE FISCAL IMPACT STATEMENTS, SO AS TO DELETE CERTAIN LANGUAGE WHICH PREVIOUSLY REFERRED TO THE FORMER "CHIEF INSURANCE COMMISSIONER"; SECTION 2-13-190, RELATING TO THE DISTRIBUTION OF THE ANNUAL ACTS AND JOINT RESOLUTIONS OF THE GENERAL ASSEMBLY, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE ACTS AND JOINT RESOLUTIONS ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-13-240, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE CODES ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-19-10, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO REFER TO AN EXCEPTION CONTAINED IN THE RESTRUCTURING ACT PERTAINING TO THE ELECTION OF MEMBERS OF THE PUBLIC SERVICE COMMISSION; SECTION 4-10-65, RELATING TO THE DISTRIBUTION OF UNIDENTIFIED LOCAL SALES AND TAX REVENUES, SO AS TO CHANGE A REFERENCE TO TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-29-69, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 6-19-30, RELATING TO AN ADVISORY COMMITTEE FOR STATE WATER AND SEWER AUTHORITY GRANTS, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO DELETE OBSOLETE LANGUAGE; SECTION 9-1-1535, RELATING TO RETIREMENT OF WILDLIFE CONSERVATION OFFICERS, SO AS TO REVISE THE NAMES OF THE OFFICERS, THE LAW ENFORCEMENT SECTION, AND THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 10-1-100, RELATING TO REQUIREMENTS IN STATE CONTRACTS FOR APPLICABLE POLLUTION PREVENTION AND NATURAL RESOURCE PROTECTION REQUIREMENTS, SO AS TO CONFORM A REFERENCE TO THE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 11-9-825, AS AMENDED, RELATING TO ADDITIONAL STAFF FOR THE BOARD OF ECONOMIC ADVISORS, SO AS TO CONFORM THE REFERENCE TO THE CHAIRMAN OF THE DEPARTMENT OF REVENUE AND TAXATION TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE FEBRUARY 1, 1995; SECTION 12-4-340, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION TO CONTRACT WITH A COLLECTION AGENCY TO COLLECT DELINQUENT TAXES, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; SECTION 12-21-2423, RELATING TO THE TEMPORARY DEDICATION OF A PORTION OF ADMISSIONS TAX REVENUES TO THE DEVELOPMENT OF MAJOR TOURISM OR RECREATION FACILITY, SO AS TO CONFORM REFERENCES TO VARIOUS STATE AGENCIES TO THE RESTRUCTURING ACT; ARTICLE 20, CHAPTER 21, TITLE 12, THE VIDEO GAME MACHINES ACT, SO AS TO CONFORM REFERENCES IN THE ARTICLE TO THE SOUTH CAROLINA TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 12-21-2720, AS AMENDED, RELATING TO FEES FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO CONFORM REFERENCES TO TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-21-2738, AS AMENDED, RELATING TO THE PENALTIES FOR VIOLATION OF THE COIN-OPERATED DEVICE LICENSING LAWS, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; SECTION 19, PART II, ACT 164 OF 1993, RELATING TO REFERENDUMS FOR THE CONTINUATION OF PAYOUTS FOR VIDEO POKER MACHINES, SO AS TO CONFORM REFERENCES TO TAX COMMISSION TO THE RESTRUCTURING ACT; SECTIONS 12-21-5020, 12-21-5030, 12-21-5040, 12-21-6010, 12-21-6040, AND 12-21-6050, RELATING TO THE MARIJUANA AND CONTROLLED SUBSTANCE TAX ACT, SO AS TO CHANGE REFERENCES TO THE TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-27-390, AS AMENDED, RELATING TO THE DISTRIBUTION TO COUNTIES OF A PORTION OF GASOLINE TAXES THROUGH THE WATER RECREATIONAL RESOURCES FUND, SO AS TO CHANGE REFERENCES TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE JULY 1, 1994; SECTION 12-27-400, AS AMENDED, RELATING TO THE USE OF "C" FUNDS, SO AS TO CONFORM REFERENCES TO STATE AGENCIES TO THE RESTRUCTURING ACT; SECTION 12-27-1270, AS AMENDED, RELATING TO THE PORTION OF THE SHIMS GASOLINE TAX REVENUES SET ASIDE IN THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO CONFORM THE REFERENCE TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO THE APPROPRIATE DIVISION OF THE DEPARTMENT OF COMMERCE AND TO DELETE AN OBSOLETE PROVISION; SECTION 12-36-2570, AS AMENDED, RELATING TO THE TIME OF PAYMENT OF SALES AND USE TAX, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 12-36-2610, AS AMENDED, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES TAX, SO AS TO CONFORM REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND THE DEPRECIATION SCHEDULE FOR MANUFACTURING MACHINERY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-53-220, AS AMENDED, RELATING TO TAX COLLECTION AND POSTING OF BONDS FOR JEOPARDY ASSESSMENTS, SO AS TO CORRECTLY SET FORTH THE NAME OF THE DEPARTMENT OF INSURANCE OF SOUTH CAROLINA; SECTIONS 12-54-1010 AND 12-54-1020, RELATING TO THE REVOCATION OF PROFESSIONAL AND BUSINESS LICENSES BY THE SOUTH CAROLINA TAX COMMISSION FOR FAILURE TO MAKE TAX RETURNS AND PAY TAXES, SO AS TO CONFORM REFERENCES TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 13-17-40, RELATING TO THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO CORRECT A REFERENCE TO THE FORMER CHAIRMAN OF THE STATE DEVELOPMENT BOARD; SECTION 15-9-285, AS AMENDED, RELATING TO SUMMONSES, ORDERS OF PUBLICATION, AND SERVICE OF PAPERS GENERALLY AND SERVICE ON AN UNAUTHORIZED INSURER, SO AS TO DELETE REFERENCES TO CHIEF INSURANCE COMMISSIONER AND HIS SUCCESSORS IN OFFICE AND SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION 16-3-1260, RELATING TO REIMBURSEMENT FOR PAYMENT FROM VICTIM'S COMPENSATION FUND, SO AS TO CHANGE THE NAME OF CERTAIN DEPARTMENTS; SECTION 16-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO CHANGE THE NAME OF THE BOARD OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-17-100, RELATING TO THE TRANSFER OF WRIT OF HABEAS CORPUS PETITIONS TO THE COURT IN THE COUNTY WHERE THE PRISONER IS LOCATED, SO AS TO CHANGE THE NAME OF THE BOARD OF CORRECTIONS; SECTION 17-22-120, AS AMENDED, RELATING TO INDIVIDUAL INTERVENTION AGREEMENTS ENTERED INTO BY A DEFENDANT AND THE SOLICITOR IN A PRETRIAL INTERVENTION PROGRAM, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 17-25-80, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS REGARDING HARD LABOR, SO AS TO CHANGE THE NAME OF THE COMMISSIONER; SECTION 17-25-145, RELATING TO IMPLEMENTATION OF COMMUNITY PENALTIES PROGRAM, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-25-370, RELATING TO EXECUTION OF DEATH SENTENCE, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-380, RELATING TO COPIES AND FORM OF NOTICE OF DEATH PENALTY, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-400, RELATING TO SERVICE OF NOTICE ON PRISONER, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 20-7-690, RELATING TO CONFIDENTIALITY OF DEPARTMENT OF SOCIAL SERVICES RECORDS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 20-7-2020, RELATING TO APPROVAL OF AGREEMENTS UNDER THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-2340, RELATING TO ADOPTION FEES ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE AUTHORITY TO ESTABLISH THESE FEES; SECTION 20-7-2379, AS AMENDED, RELATING TO THE DIVISION FOR REVIEW OF FOSTER CARE OF CHILDREN, SO AS TO DELETE THE INAPPLICABLE PROVISION FOR THE DIVISION DIRECTOR'S SALARY; SECTION 20-7-2640, AS AMENDED, RELATING TO THE INTERSTATE COMPACT FOR ADOPTION AND MEDICAL ASSISTANCE, MEDICAL ASSISTANCE IDENTIFICATION, BENEFITS, AND EXCEPTIONS, SO AS TO CLARIFY THAT DEPARTMENT AS USED IN SUBSECTION (C) MEANS THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 20-7-5910, RELATING TO THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO REVISE THE NAMES OF CERTAIN STATE AGENCIES AND THE TITLES OF CERTAIN ADMINISTRATIVE HEADS OF STATE AGENCIES; SECTION 23-4-20, RELATING TO CRIMINAL JUSTICE COMMITTEES AND PROGRAMS OF THE OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION OF PUBLIC SAFETY PROGRAMS REFERRED TO IN THIS SECTION MEANS THE DEPARTMENT OF PUBLIC SAFETY RATHER THAN OF THE OFFICE OF THE GOVERNOR; SECTION 23-4-110, RELATING TO THE GOVERNOR'S COMMITTEE ON CRIMINAL JUSTICE, CRIME AND DELINQUENCY, SO AS TO CONFORM THE MEMBERSHIP OF THE COMMITTEE TO THE REVISIONS OF THE RESTRUCTURING ACT; SECTION 23-4-520, RELATING TO THE DUTIES OF THE GOVERNOR'S OFFICE OF CRIMINAL JUSTICE PROGRAMS, SO AS TO CORRECT A REFERENCE TO THE FORMER DEPARTMENT OF YOUTH SERVICES; SECTION 23-6-420, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, SO AS TO REVISE THE JOB TITLE OF A MEMBER OF THE COUNCIL FROM THE DEPARTMENT OF NATURAL RESOURCES AND TO FURTHER PROVIDE FOR THE TERMS OF OFFICE OF CERTAIN MEMBERS OF THE COUNCIL; SECTION 23-6-490, RELATING TO PATROLLING OF A MUNICIPAL AREA WHILE ITS SOLE LAW ENFORCEMENT OFFICER IS ATTENDING REQUIRED TRAINING, SO AS TO DELETE A REFERENCE IN THE SECTION TO A PROVISION OF LAW WHICH HAS BEEN REPEALED; SECTION 23-9-10, AS AMENDED, RELATING TO THE STATE FIRE MARSHAL, SO AS TO CORRECT AN INTERNAL CODE SECTION REFERENCE; SECTION 23-11-110, AS AMENDED, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO CORRECT A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE TRAINING COUNCIL; TO REPEAL SECTION 356, ACT 181 OF 1993 WHICH AMENDS A CERTAIN PORTION OF SECTION 23-23-30(A)(4) AS THIS SECTION WAS REPEALED ELSEWHERE IN THE RESTRUCTURING ACT; SECTION 24-13-730, RELATING TO PROGRAM CHANGES SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY, SO AS TO REVISE CODE SECTIONS; SECTION 24-21-300, RELATING TO CITATION AND AFFIDAVIT OF PERSON RELEASED, SO AS TO CHANGE THE REFERENCE OF "PRISON OVERCROWDING POWERS ACT" TO OFFENDER MANAGEMENT SYSTEM ACT AND TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-30, RELATING TO ELIGIBILITY TO PARTICIPATE IN THE OFFENDER MANAGEMENT SYSTEM, SO AS TO CHANGE THE REFERENCE OF THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-150, RELATING TO FUNDING REQUIRED, SO AS TO CHANGE THE REFERENCE OF COMMISSION TO DIRECTOR; SECTION 24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-26-10, RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CORRECT REFERENCES TO CERTAIN NONVOTING MEMBERS OF THE COMMISSION; SECTION 25-19-20, RELATING TO THE PRISONER OF WAR COMMISSION, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS' AFFAIRS TO CONFORM TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 31-13-30, RELATING TO MEMBERSHIP ON THE SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 31-17-330, RELATING TO EXCEPTIONS FOR MOBILE HOME LICENSES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE AND TAXATION; SECTION 33-14-210, RELATING TO ADMINISTRATIVE DISSOLUTION OF A CORPORATION BY THE SECRETARY OF STATE, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 33-39-250, RELATING TO THE POWERS OF COUNTY BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 37-4-107, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE AND THE MAXIMUM CHARGE BY A CREDITOR FOR INSURANCE, SO AS TO DELETE A REFERENCE TO INSURANCE COMMISSIONER AND SUBSTITUTE DEPARTMENT OF INSURANCE; SECTION 37-4-108, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, INSURANCE, AND A REQUIRED REFUND OR CREDIT, SO AS TO DELETE REFERENCES TO INSURANCE COMMISSIONER AND SUBSTITUTE DEPARTMENT OF INSURANCE; SECTION 37-4-111, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, INSURANCE, AND COOPERATION BETWEEN THE ADMINISTRATOR OF THESE PROVISIONS OF LAW AND THE CHIEF INSURANCE COMMISSIONER, SO AS TO DELETE REFERENCES TO INSURANCE COMMISSIONER AND REPLACE THEM WITH APPROPRIATE REFERENCES TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; SECTION 37-4-112, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, INSURANCE, AND ADMINISTRATIVE ACTION OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO CHANGE REFERENCES TO INSURANCE COMMISSION TO DIRECTOR OF THE DEPARTMENT OF INSURANCE; SECTION 37-4-203, AS AMENDED, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, CONSUMER CREDIT INSURANCE, AND THE FILING AND APPROVAL OF RATES AND FORMS, SO AS TO DELETE REFERENCES TO INSURANCE COMMISSIONER AND REPLACE THEM WITH APPROPRIATE REFERENCES TO THE DEPARTMENT OF INSURANCE AND THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; SECTION 38-3-110, AS AMENDED, RELATING TO THE DUTIES OF THE FORMER CHIEF INSURANCE COMMISSIONER (NOW KNOWN AS THE DIRECTOR OF THE DEPARTMENT OF INSURANCE), SO AS TO MAKE A TECHNICAL CORRECTION TO THE LANGUAGE USED IN THE CODE SECTION; SECTION 38-73-1380, AS AMENDED, RELATING TO PRIVATE PASSENGER AUTOMOBILE INSURANCE, APPROVAL OF FINAL RATE OR PREMIUM CHARGE, AND APPROVAL OF EXPENSE COMPONENT, SO AS TO DELETE AN INCORRECT REFERENCE TO "THE DIVISION" AND SUBSTITUTE A REFERENCE TO "THE DEPARTMENT", MEANING THE DEPARTMENT OF INSURANCE; SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO ELIMINATE AN UNNECESSARY REQUIREMENT THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE ACT THROUGH THE DEPARTMENT IN PERFORMING A CERTAIN FUNCTION; SECTION 38-81-270, AS AMENDED, RELATING TO THE LEGAL PROFESSIONAL LIABILITY INSURANCE JOINT UNDERWRITING ASSOCIATION AND THE GATHERING OF DATA, SO AS TO DELETE A REFERENCE TO DEPARTMENT (MEANING THE DEPARTMENT OF INSURANCE) AND SUBSTITUTE DIRECTOR (MEANING DIRECTOR OF THE DEPARTMENT OF INSURANCE); SECTION 38-87-40, AS AMENDED, RELATING TO INSURANCE, OUT-OF-STATE CHARTERED RISK RETENTION GROUPS, AND REQUIREMENTS FOR DOING BUSINESS IN THE STATE, SO AS TO CHANGE CERTAIN REFERENCES AS A RESULT OF GOVERNMENT RESTRUCTURING; CHAPTER 23 OF TITLE 39, AS AMENDED, RELATING TO ADULTERATED, MISBRANDED, OR NEW DRUGS AND DEVICES, SO AS TO CONFORM THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 40-15-210, AS AMENDED, RELATING TO THE AUTHORITY OF A PERSON WHOSE LICENSE OR REGISTRATION CERTIFICATE TO PRACTICE DENTISTRY, DENTAL HYGIENE, OR PERFORM DENTAL TECHNOLOGICAL WORK HAS BEEN SUSPENDED OR REVOKED PURSUANT TO THE PROVISIONS OF ARTICLE 5, CHAPTER 23 OF TITLE 1 (ADMINISTRATIVE LAW JUDGE DIVISION), SO AS TO REENACT THE CRIMINAL PENALTY PROVISIONS WHICH WERE INADVERTENTLY OMITTED BY ACT 181 OF 1993 (RESTRUCTURING); SECTION 40-25-40, AS AMENDED, RELATING TO RECOMMENDATIONS FOR MEMBERSHIP ON THE COMMISSION OF HEARING AID SPECIALISTS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 40-35-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO CHANGE REFERENCES IN THE DEFINITION OF "QUALIFIED MENTAL RETARDATION PROFESSIONAL" FROM THE SOUTH CAROLINA DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-35-140, AS AMENDED, RELATING TO THE REQUIREMENT THAT HABILITATION CENTERS FOR THE MENTALLY RETARDED MUST BE UNDER THE SUPERVISION OF A LICENSED NURSING HOME ADMINISTRATOR, SO AS TO CHANGE A REFERENCE FROM THE DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-47-140, AS AMENDED, RELATING TO MINIMUM STANDARDS TO BE OBTAINED ON EXAMINATION REQUIRED BY THE BOARD OF MEDICAL EXAMINERS, SO AS TO CHANGE A REFERENCE FROM THE STATE MENTAL RETARDATION DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-73-15, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO FURTHER PROVIDE FOR CERTAIN OF THESE PROFESSIONS AND OCCUPATIONS; SECTIONS 41-10-70, 41-10-80, 41-10-90, 41-10-110, 41-13-25, 41-15-320, 41-16-100, 41-16-110, 41-16-180, 41-18-40, 41-18-60, 41-18-70, 41-18-80, 41-18-100, 41-18-110, 41-18-120, 41-21-20, AS AMENDED, AND SECTIONS 41-13-20, 41-13-50, 41-13-60, 41-15-90, 41-15-100, 41-15-210 THROUGH 41-15-290, 41-15-300, 41-15-310, 41-15-520, 41-16-20, 41-16-40 THROUGH 41-16-90, 41-16-120 THROUGH 41-16-160, 41-17-10, 41-17-20, 41-17-40, 41-17-50, 41-17-60, 41-17-70, 41-18-50, 41-18-130, 41-18-150, 41-21-30, 41-21-40, 41-21-70, 41-21-80, 41-21-100, AND 41-21-110, RELATING TO THE COMMISSIONER OF LABOR, THE DEPARTMENT OF LABOR, AND VARIOUS DIVISIONS WITHIN THE DEPARTMENT, SO AS TO CONFORM THOSE REFERENCES TO THE PROVISIONS OF SECTION 977 OF ACT 181 OF 1993 (RESTRUCTURING ACT) AND DELETE OBSOLETE PROVISIONS; SECTION 41-43-40, AS AMENDED, RELATING TO THE DIRECTOR OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE CHAIRMAN OF THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-43-190, RELATING TO THE EXPORT PROGRAMS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-44-90, AS AMENDED, RELATING TO THE INCOME AND PREMIUM TAX CREDIT ALLOWED A TAXPAYER WITH A QUALIFIED INVESTMENT IN A BUSINESS RECEIVING FINANCING FROM THE PALMETTO SEED CAPITAL FUND, SO AS TO CONFORM REFERENCES TO "COMMISSION" TO THE RESTRUCTURING ACT; SECTION 42-5-60, RELATING TO INSURANCE DEEMED SUBJECT TO TITLE 42 (WORKERS' COMPENSATION) AND APPROVAL OF FORMS, SO AS TO DELETE A REFERENCE TO CHIEF INSURANCE COMMISSIONER AND SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION 42-5-130, RELATING TO THE PROCEDURE TO BE FOLLOWED UPON THE WITHDRAWAL OF A WORKERS' COMPENSATION CARRIER FROM THE STATE, SO AS TO DELETE A REFERENCE TO CHIEF INSURANCE COMMISSIONER AND SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION 42-5-230, RELATING TO WORKERS' COMPENSATION AND THE MANNER IN WHICH NOTICE TO THE INSURANCE CARRIER MUST BE GIVEN, SO AS TO DELETE A REFERENCE TO CHIEF INSURANCE COMMISSIONER AND REPLACE IT WITH A REFERENCE TO DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION 43-1-115, RELATING TO COUNTY DEPARTMENT OF SOCIAL SERVICES BIENNIAL PERFORMANCE AUDITS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE STATE DEPARTMENT; SECTIONS 43-7-410, 43-7-420, 43-7-430, AND 43-7-440, RELATING TO ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO DELETE REFERENCES TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND SUBSTITUTE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES; TO AMEND SECTION 43-35-310, RELATING TO THE ADULT PROTECTION COORDINATING COUNCIL, SO AS TO REVISE THE NAME OF THE MEMBER AGENCIES AND ADMINISTRATIVE TITLES; TO AMEND SECTION 44-1-50, RELATING TO THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL HEARING APPEALS FROM THE DECISIONS OF AN ADMINISTRATIVE LAW JUDGE, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 44-2-75, AS AMENDED, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1988 AND INSURANCE POOLS, SO AS TO MAKE A TECHNICAL CORRECTION WITH RESPECT TO A REFERENCE TO THE DEPARTMENT OF INSURANCE; SECTION 44-6-5, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE FOR IT DEPARTMENT UNDER THE DEFINITION OF MARKET BASKET INDEX; SECTION 44-6-60, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO REVISE THE NAMES OF THE DEPARTMENTS REPRESENTED ON THE COMMITTEE AND THE TITLES OF THE DEPARTMENT ADMINISTRATORS; SECTION 44-6-140, AS AMENDED, RELATING TO MEDICAID HOSPITAL PROSPECTIVE PAYMENT SYSTEM AND COST CONTAINMENT MEASURES, SO AS TO DELETE COMMISSION IN TWO INSTANCES AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-146, AS AMENDED, RELATING TO COUNTY ASSESSMENTS FOR INDIGENT MEDICAL CARE AND PENALTIES FOR FAILURE TO PAY ASSESSMENTS IN A TIMELY MANNER, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-170, AS AMENDED, RELATING TO THE HEALTH DATA OVERSIGHT COUNCIL, SO AS TO REVISE THE TITLES OF THE ADMINISTRATIVE HEADS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-6-520, AS AMENDED, RELATING TO THE SALE, LEASE, OR MORTGAGE OF A NURSING HOME IN RECEIVERSHIP, SO AS TO CHANGE A REFERENCE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-540, RELATING TO THE REGULATION-MAKING AUTHORITY UNDER THE "INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOME ACT", SO AS TO DELETE THE REFERENCE TO COMMISSION (MEANING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION) AND SUBSTITUTE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTIONS 44-6-720 AND 44-6-730, RELATING TO MEDICAID QUALIFYING TRUSTS, SO AS TO REVISE THE NAME OF THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-7-90, RELATING TO VIOLATIONS OF THE LAW CONCERNING MEDICAID NURSING HOME PERMITS AND PENALTIES, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF MENTAL RETARDATION; SECTION 44-7-370, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS TO THE RESIDENTIAL CARE COMMITTEE, SO AS TO REVISE THE TITLE OF THE DEPARTMENT ADMINISTRATOR; SECTION 44-23-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO MENTALLY ILL AND MENTALLY RETARDED PERSONS, SO AS TO CLARIFY THE DEFINITION OF DIRECTOR; SECTION 44-38-380, AS AMENDED, RELATING TO THE ADVISORY COUNCIL TO THE SOUTH CAROLINA HEAD AND SPINAL CORD SERVICE DELIVERY SYSTEM, SO AS TO REVISE THE NAME OF A MEMBER OF THE COUNCIL AND THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-40-60, RELATING TO SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTION 44-53-480, RELATING TO SOUTH CAROLINA LAW ENFORCEMENT DIVISION ENFORCEMENT OF CONTROLLED SUBSTANCE LAWS, SO AS CONFORM REFERENCES TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-490, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL DRUG INSPECTORS, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-500, RELATING TO THE ISSUANCE AND EXECUTION OF ADMINISTRATIVE INSPECTION WARRANTS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH RESPECT TO THE REGULATION OF CONTROLLED SUBSTANCES, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-55-120, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-56-60, AS AMENDED, RELATING TO HAZARDOUS WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-67-90, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S FUNDS FOR LITTER CONTROL RESEARCH, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 44-96-440, RELATING TO UNLAWFUL ACTS UNDER SOLID WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 48-4-10, RELATING TO THE CREATION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 48-9-1820, AS AMENDED, RELATING TO BOARDS OF ADJUSTMENT FOR SOIL AND WATER CONSERVATION DISTRICTS, SECTION 48-9-1840, AS AMENDED, RELATING TO PETITIONS FILED WITH THE BOARDS, AND SECTION 48-9-1850, AS AMENDED, RELATING TO HEARINGS AND ACTION BY THE BOARDS, SO AS TO CLARIFY REFERENCES TO THE BOARDS; SECTION 48-39-210, AS AMENDED, RELATING TO CRITICAL AREA DELINEATIONS, SO AS TO REVISE THE NAME OF THE COASTAL COUNCIL; SECTION 49-7-70, RELATING TO THE POWERS OF THE BUSHY PARK AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 50-3-510, AS AMENDED, RELATING TO THE CUTTING OF TIMBER BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-5-110, AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCE TO DIVISION TO DEPARTMENT TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 50-9-70, RELATING TO THE ESTABLISHMENT OF HUNTER EDUCATION PROGRAMS, SO AS TO REVISE THE NAME OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 50-9-470, AS AMENDED, RELATING TO TEMPORARY NONRESIDENT FISHING LICENSES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-17-730, AS AMENDED, RELATING TO THE REQUIREMENT FOR PEELER AND SOFT SHELL CRABS, SO AS TO DELETE THE REFERENCE TO MARINE RESOURCES DIVISION TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 51-3-60, RELATING TO FREE USE OF STATE PARK FACILITIES BY DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING AND THE STATE DEPARTMENT OF PARKS, RECREATION AND TOURISM; SECTION 51-13-860, RELATING TO A SPECIAL LOAN TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 53-3-100, RELATING TO THE COMMITTEE WHICH HONORS THE "SOUTH CAROLINA FAMILY OF THE YEAR", SO AS TO REVISE THE NAMES OF CERTAIN DEPARTMENTS AND COMMISSIONS ON THE COMMITTEE; SECTION 56-1-221, RELATING TO A MEDICAL ADVISORY BOARD TO THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO CONFORM REFERENCES TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTIONS 56-1-1330, AS AMENDED, RELATING TO PROVISIONAL DRIVER'S LICENSE, SO AS TO CHANGE REFERENCES FROM THE SOUTH COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; TO AMEND SECTION 56-3-1010, RELATING TO DEFINITIONS FOR REGISTRATION OF CORPORATE OWNED FLEET MOTOR VEHICLES, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE AND TAXATION; SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN VIOLATIONS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 56-10-240, AS AMENDED, RELATING TO NOTICE OF INSURANCE CANCELLATION, SO AS TO CORRECT REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND THE DEPARTMENT OF REVENUE AND TAXATION; SECTION 57-1-140, AS AMENDED, RELATING TO EXPANDING HIGHWAYS AND ROADS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTIONS 57-5-1335 AND 57-5-1340, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION REGARDING TURNPIKES, SO AS TO CHANGE REFERENCES OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-25-150, AS AMENDED, RELATING TO PERMIT FEES FOR DIRECTIONAL SIGNS, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTIONS 57-25-470 AND 57-25-680, RELATING TO COMPENSATION FOR REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-27-70, RELATING TO ACQUISITION OF LANDS FOR JUNKYARDS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; ARTICLE 3, CHAPTER 3, TITLE 58, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO DEVOLVE ITS DUTIES AND FUNCTIONS UPON THE DEPARTMENT OF PUBLIC SAFETY, STATE POLICE DIVISION; SECTION 59-23-20, RELATING TO THE AUTHORITY OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, SO AS TO CONFORM A REFERENCE TO THE ECONOMIC DEVELOPMENT COORDINATING COUNCIL TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 59-36-20, RELATING TO DEVELOPMENT OF A COMPREHENSIVE SYSTEM OF SPECIAL EDUCATION, SO AS TO REVISE THE NAME OF THE CONTINUUM OF CARE; SECTION 59-63-31, RELATING TO RESIDENCY REQUIREMENTS TO ATTEND PUBLIC SCHOOLS, SO AS TO CONFORM THE NAME OF THE DEPARTMENT OF YOUTH SERVICES TO ACT 181 OF 1993; SECTION 59-65-30, AS AMENDED, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 59-67-535, RELATING TO THE USE OF BOATS OPERATED BY THE DEPARTMENT OF EDUCATION TO TRANSPORT DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 59-111-20, AS AMENDED, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTIONS 61-1-120 AND 61-1-125, RELATING TO REQUIREMENTS FOR APPLICANTS FOR LICENSES AND PERMITS ISSUED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 61-3-425, RELATING TO THE PROHIBITION ON USING, RENEWING, OR TRANSFERRING BEER, WINE, AND ALCOHOLIC BEVERAGE LICENSES AND PERMITS WITHOUT A SIGNED STATEMENT FROM THE SOUTH CAROLINA TAX COMMISSION AND THE INTERNAL REVENUE SERVICE THAT THE APPLICANT DOES NOT OWE DELINQUENT TAXES, SO AS TO CONFORM THE REFERENCE TO TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTIONS 61-5-320 AND 61-5-360, AS AMENDED, RELATING TO THE DISBURSEMENT OF FUNDS TO COUNTIES FOR EDUCATIONAL PURPOSES RELATING TO USE OF ALCOHOLIC LIQUORS AND THE REHABILITATION OF ALCOHOLICS, DRUG ABUSERS, AND DRUG ADDICTS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOLISM AND THE COMMISSIONER OF NARCOTICS AND CONTROLLED SUBSTANCES TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 61-9-35, RELATING TO REQUIREMENTS FOR THE SALE OF BEER AND WINE AND THE RESTRICTIONS ON BEER OR BEER AND WINE PERMITTEES IN PAYING WHOLESALERS AND THE PENALTY FOR VIOLATIONS, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 61-13-590, RELATING TO THE SALE OF ALCOHOLIC BEVERAGES SEIZED IN ENFORCEMENT ACTIONS, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; AND ACT 181 OF 1993, RELATING TO THE EFFECTIVE DATES OF THE STATE GOVERNMENT RESTRUCTURING ACT, SO AS TO MAKE TECHNICAL CORRECTIONS IN REGARD TO CERTAIN EFFECTIVE DATES AND EFFECTIVE DATE REFERENCES.
Ordered for consideration tomorrow.
Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:
H. 4839 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-33-80 SO AS TO PROVIDE FOR FEES FOR PHYTOSANITARY CERTIFICATES TO BE USED BY THE STATE CROP PEST COMMISSION.
Ordered for consideration tomorrow.
Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:
H. 4854 -- Reps. Riser, Hines, Rhoad and Witherspoon: A BILL TO AMEND SECTION 46-17-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF COMMODITY BOARDS, SO AS TO REVISE THE EX OFFICIO MEMBERS OF THE BOARDS.
Ordered for consideration tomorrow.
S. 1138 -- Senators J. Verne Smith, Courson and Bryan: A JOINT RESOLUTION TO PROVIDE THAT THE HUMAN SERVICES COORDINATING COUNCIL SHALL APPOINT AN ADVISORY COMMITTEE ON THE FUTURE OF PUBLIC HEALTH IN SOUTH CAROLINA, TO PROVIDE THE MEMBERSHIP AND PURPOSE OF THAT ADVISORY COMMITTEE, AND TO PROVIDE FOR ITS DISSOLUTION UPON COMPLETION OF ITS WORK.
The House returned the Resolution with amendments.
On motion of Senator J. VERNE SMITH, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1251 -- Senators Giese and Wilson: A BILL TO AMEND SECTION 12-45-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR PAYING PROPERTY TAXES AND THE MANNER OF COLLECTION OF THESE TAXES, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO ALLOW THE PAYMENT OF PROPERTY TAXES ON AN INSTALLMENT BASIS IN HARDSHIP CASES, TO DEFINE HARDSHIP CASES, AND TO PROVIDE THAT THE COUNTY TREASURER SHALL DETERMINE ELIGIBILITY ON A CASE-BY-CASE BASIS.
The House returned the Bill with amendments.
Senator GIESE explained the House amendments.
On motion of Senator GIESE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1345 -- Senator Saleeby: A BILL TO AMEND SECTION 4-9-39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF ASSETS OF FORMER LIBRARIES, SO AS TO DELETE THE PROVISION REQUIRING SUCH TRANSFERRED ASSETS AND PROPERTY TO BE USED EXCLUSIVELY FOR LIBRARY PURPOSES.
The House returned the Bill with amendments.
On motion of Senator SALEEBY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 4625 -- Reps. Tucker, G. Bailey, Haskins, Harwell, J. Wilder, Davenport, Carnell, Hodges, D. Smith, Harrison, R. Young, Harvin, Gonzales and Graham: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY AND RETIREMENT BENEFITS FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO CONFORM THE ELIGIBILITY FOR ADDITIONAL BENEFITS BECAUSE OF LENGTH OF SERVICE FOR SOLICITORS TO THE YEARS OF SERVICE REQUIRED FOR A SOLICITOR TO BE ELIGIBLE TO RETIRE.
The House returned the Bill with amendments.
Senator WILLIAMS explained the House amendments.
On motion of Senator WILLIAMS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
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.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 4872 -- Rep. Houck: A BILL TO AMEND SECTIONS 44-53-210 AND 44-53-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULES II AND IV CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT INJECTABLE FORMS OF PENTAZOCINE ARE SCHEDULE II AND THAT ORAL DOSAGE FORMS OF PENTAZOCINE ARE SCHEDULE IV.
H. 3907 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CLARIFY THE RETIREMENT INCOME EXCLUSION FOR SURVIVING SPOUSES; TO AMEND SECTION 12-7-437, RELATING TO THE DEDUCTION FROM TAXABLE INCOME OF A PORTION OF NET LONG-TERM CAPITAL GAIN, SO AS TO PROVIDE THAT THE DEDUCTION APPLIES TO NET CAPITAL GAIN; TO AMEND SECTION 12-7-1120, RELATING TO ALLOCATION OF INCOME, SO AS TO CLARIFY THE ALLOCATION OF DIVIDENDS OF SUBCHAPTER S CORPORATIONS; TO AMEND SECTION 12-7-1260, RELATING TO THE EMPLOYER'S CAPITAL EXPENDITURE CHILD CARE CREDIT, SO AS TO LIMIT THE CREDIT TO EMPLOYERS OF SOUTH CAROLINA RESIDENTS AND TO CAPITAL EXPENDITURES MADE IN THIS STATE; TO AMEND SECTION 12-7-1640, AS AMENDED, RELATING TO THE TIME FOR FILING INCOME TAX RETURNS, SO AS TO PROVIDE THAT ANY TAX DUE MUST BE PAID AT THE TIME THE RETURN IS FILED WITHOUT REGARD TO ANY EXTENSION; AND TO AMEND SECTION 12-7-2419, RELATING TO THE ELDERCARE TRUST FUND CHECKOFF, SO AS TO CLARIFY THAT THE CHECKOFF APPLIES ONLY TO INDIVIDUAL INCOME TAX RETURNS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LEATHERMAN proposed the following amendment (JIC\6112HTC.94), which was adopted:
Amend the bill, as and if amended, by striking SECTION 23 and inserting:
/SECTION 23. Article 7, Chapter 4, Title 12 of the 1976 Code is amended by adding:
"Section 12-4-755. (A) A taxpayer or his representative may appeal an exemption denial on property owned by the taxpayer. The taxpayer or his representative must give written notice of the appeal to the department within thirty days from the date of the mailing of the proposed denial. All grounds for appeal must be set forth in the notice. Upon receipt of the taxpayer's written notice of appeal, the department shall schedule a hearing for the appeal. No issue or ground may be considered by the department which is not set out in the appeal notice.
(B) After hearing the appeal, the department shall issue a written finding and send copies of the finding to the taxpayer or his representative and the county auditor. The finding to the county auditor is the order for entry upon the assessment rolls of the county as exempt or taxable property.
Section 12-4-770. A taxpayer who disagrees with a proposed assessment of his property made by the property tax division of the department may appeal to the department by giving written notice of the appeal within thirty days of the date of the mailing of the proposed assessment. The original of the notice of appeal must be delivered to the commission chairman and must contain all issues and grounds for the appeal. Any issues and grounds that are not published or contained in the notice of appeal may not be considered by the department in hearing the appeal. The notice of appeal must contain the valuation and assessment which the owner considers to be the fair market value and assessment of the property. The department may, upon request within the thirty-day period, extend the time for filing the written notice of appeal."
SECTION 24. Article 1, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-120. In the calculation of the assessed value of property subject to property tax, the result must be rounded to the nearest ten dollars and this rounded amount is deemed the assessed value of the property."
SECTION 25. Chapter 39, Title 12 of the 1976 Code is amended by adding:
"Section 12-39-65. For the purpose of appraising and assessing personal property of businesses and other entities under the jurisdiction of the county auditor, the county auditor shall follow the classification of the most recent Standard Industrial Classification Manual, Bureau of The Budget, as follows:
(1) Division A - Major Groups, 01, 02, 07, 08, 09, unless exempt;
(2) Division H - Major Groups, 60, 61, 62, 63, 64, 65, 66, 67, unless exempt;
(3) Division 1 - Major Group, 70, 80, 81, 82, 83, 84, 86, 87, 88, 89, unless exempt."
SECTION 26. Section 12-4-320 of the 1976 Code, as added by Act 50 of 1991, is amended by adding:
"(6) if damage by natural forces occurs as defined in Section 12-9-310, prescribe temporary rules including, but not limited to, the filing of returns, payment of taxes, and extensions of due dates."
SECTION 27. Section 12-4-330 of the 1976 Code, as added by Act 50 of 1991, is amended by adding a new subsection to read:
"(E) Out-of-state appraisers serving as witnesses are not required to be licensed or certified in this State. For purposes of this section, out-of-state appraisers are defined as appraisers with a business address outside of this State."
SECTION 28. Section 12-4-720(A) of the 1976 Code, as added by Act 50 of 1991, is amended to read:
"(A) Applications for property exemptions must be filed as follows:
(1) Except as otherwise provided in items (2) and (3) of this subsection, any tax-exempt property owner or property owner whose property may qualify for property exemption shall file an application for exemption with the commission department between January first and April fifteenth of the first year for which the exemption is claimed.
(2) Owners of property exempt under Section 12-37-220A(7) and (8), and B(17) B(32), (33), and (34) shall file an annual application for exemption before the sixteenth last day of the fourth month after the close of the accounting period regularly employed by the taxpayer for income tax purposes in accordance with Chapter 7 of this title.
(3) Owners of property exempt under Section 12-37-220B(26) and (27) and churches which own motor vehicles shall file an application for exemption within sixty days before or within thirty days after the date on which the motor vehicle was registered or the registration renewal date.
Thereafter, except as provided in item (2), the owner is not required to file an additional application, unless there is a change in the status of the property as reported on the initial application or unless requesting an exemption for property which was not included on the initial or subsequent application."
SECTION 29. (A) Items (3), (26), (27), and (29) of Section 12-37-220B of the 1976 Code, as last amended by Section 200, Act 181 of 1993, are further amended to read:
"(3) One Two personal motor vehicle vehicles owned or leased by any disabled veteran designated by the veteran for which special license tags have been issued by the Department of Revenue and Taxation under the provisions of Sections 56-3-1110 to 56-3-1130 or, in lieu of the license, if the veteran has a certificate signed by the county service officer or the Veterans Administration of the total and permanent disability which must be filed with the Department of Revenue and Taxation.
(26) All Two personal motor vehicles owned or leased by recipients of the Medal of Honor for which special license tags have been issued by the Department of Revenue and Taxation under the provisions of Article 16 of Chapter 3 of Title 56 shall be exempt from state, county, and municipal taxes.
(27) All Two personal motor vehicles, owned or leased or issued either solely or jointly by persons required to use wheelchairs, for which special license tags have been issued by the Department of Revenue and Taxation under the provisions of Section 56-3-1910, are exempt from state, county, and municipal taxes.
(29) One Two personal motor vehicle vehicles or truck trucks, not exceeding three-quarter ton, owned or leased by and licensed and registered in the name of any member or former member of the armed forces who was a prisoner of war (POW) in World War I, World War II, the Korean Conflict, or the Vietnam Conflict and who is a legal resident of this State, for which motor vehicle or truck a special tag has been issued by the Department of Revenue and Taxation in accordance with the provisions of Sections 56-3-1150 and 56-3-1160, is exempt from state, county, and municipal taxes. This exemption also extends to the surviving spouse of a qualified former POW for the lifetime or until the remarriage of the surviving spouse."
(B) Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) Property exempt under subsection A(5) of this section when located in a time-share unit."
SECTION 30. Section 12-37-800 of the 1976 Code, as last amended by Act 344 of 1988, is further amended to read:
"Section 12-37-800. (A) If a person fails to list the real or personal property he is required by law to list to be listed in any one year, the value of the property may be charged against him the person for taxation with a ten percent penalty added, and the taxes and penalty collected as in other cases. Upon good cause shown, the commission may waive or reduce the penalty charged in this section on property required to be listed with the commission.
(B) In addition to any other penalty, a person who intentionally makes a false return, wilfully attempts to understate tax liability, or recklessly or intentionally disregards applicable rules or regulations must be assessed a penalty equal to twenty-five percent of the taxes due.
(C) Upon good cause shown, the department may waive or reduce the penalty imposed pursuant to this section."
SECTION 31. The penultimate paragraph of Section 12-37-930 of the 1976 Code is amended to read:
"In no event should may the original cost be reduced more than eighty percent. In the year of acquisition, depreciation shall be is allowed as if the property were owned for the full year. The term `original cost' shall mean means gross capitalized cost, including property on which the taxpayer made the election allowed pursuant to Section 179 of the Internal Revenue Code of 1986, as shown by the taxpayer's records for income tax purposes."
SECTION 32. Section 12-37-2725 of the 1976 Code, as last amended by Section 215 of Act 181 of 1993 and Part II, Section WW, Act 164 of 1993 is further amended to read:
"Section 12-37-2725. When the title to a licensed vehicle is transferred, or the owner of the vehicle becomes a legal resident of another state and registers the vehicle in the new state of residence, the license plate and registration certificate issued the transferor may be returned for cancellation. The license plate and registration certificate must be delivered to the auditor of the county of the vehicle's registration and tax payment. A request for cancellation must be made in writing to the auditor upon forms approved by the Department of Revenue and Taxation. The auditor, upon receipt of the license plate, registration certificate, and the request for cancellation, shall order and the treasurer shall issue a credit or refund of property taxes paid by the transferor on the vehicle. The amount of the refund of credit is that proportion of the tax paid that is equal to that proportion of the complete months remaining in that tax year. The auditor, within five days thereafter, shall deliver the license plate, registration certificate, and the written request for cancellation to the Department of Revenue and Taxation. Upon receipt, the department shall cancel the license plate and registration certificate and may not reissue the same."
SECTION 33. Section 12-43-335 of the 1976 Code, as last amended by Section 224, Act 181 of 1993, is further amended to read:
"Section 12-43-335. For the purpose of assessing property of merchants and related businesses, as provided by Section 12-37-970, the Department of Revenue and Taxation shall follow the classifications of the Standard Industrial Classification Manual, Bureau of the Budget, 1987 edition, as set out below:
1. Division C;
2. Division E, Major Group 48, except numbers 481 and 482;
3. Division F;
4. Division G;
5. Division I, Major Groups 72, 73, 75, 76, 78, and 79.
(A) For the purpose of assessing property of merchants and related businesses, as provided by Section 12-37-970, the department shall follow the classifications of the most recent Standard Industrial Classification Manual, Bureau of the Budget, as follows:
(1) Division C;
(2) Division E, Major Group 41, except number 414
Major Group 42, except number 4213
Major Group 44, except number 444
Major Group 45, except number 451
Major Group 47
Major Group 48, except numbers 481, 482, 484
Major Group 49, except numbers 491, 493, 494, 4952;
(3) Division F;
(4) Division G;
(5) Division I, Major Groups 72, 73, 75, 76, 78, and 79;
(6) Division K.
(B) For the purpose of assessing property of manufacturers as provided in Section 12-4-540(A), the department shall follow the classifications set out in Division B and Division D of the most recent Standard Industrial Classification Manual, Bureau of the Budget; however, establishments which publish newspapers, books, and periodicals which do not have facilities for printing or which do not actually print their publications are not classified as manufacturers, notwithstanding the provisions of Division D, Major Group 27, relating to printing, publishing, and allied industries.
(C) For the purpose of assessing property of railroads, private carlines, airlines, water, power, telephone, cable television, sewer and pipeline companies, as provided in Section 12-4-540(A), the department shall follow the Division E classification of the most recent Standard Industrial Classification Manual, Bureau of the Budget, as follows:
(1) Major Group 40;
(2) Major Group 41, except numbers 411, 412, 413, 415, and 417;
(3) Major Group 42, except numbers 4212, 4214, 4215, 422, and 423;
(4) Major Group 44, except numbers 441, 442, 443, 448, and 449;
(5) Major Group 45, except numbers 452 and 458;
(6) Major Group 46;
(7) Major Group 48, except numbers 483 and 489;
(8) Major Group 49, except numbers 492, 4953, 4959, 496, and 497."
SECTION 34. Section 17(A) of Act 168 of 1991 is amended to read:
"(A) A corporation which acquires eight or more existing textile manufacturing facilities in South Carolina which employed at the time of acquisition a total of three thousand, five hundred or more employees located in a county of this State may receive the five-year abatement pursuant to Section 12-37-220A(7) of the 1976 Code from the time of acquisition. For purposes of this item acquisition means asset transactions which are arms-length and includes new capital. For purposes of this section `corporation' means a single corporation or an `affiliated group' of corporations as defined in Section 1504 of the Internal Revenue Code of 1986, as amended, which may acquire such facilities pursuant to a single transaction. This section also applies to wholly-owned subsidiaries of the corporation which may have acquired any of the eight textile manufacturing facilities from the corporation in a tax-free transaction pursuant to Section 351 of the Internal Revenue Code of 1986, as amended."
SECTION 35. Section 12-23-60 of the 1976 Code is amended to read:
"Section 12-23-60. Every person subject to the provisions of this article shall between the first and tenth on or before the twentieth day of each month make a true and correct return to the Commission department in such form as it may prescribe, showing the exact amount of electric power manufactured, generated or sold, expressed in kilowatt hours, during the previous month, and remit the tax therewith."
SECTION 36. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Senator LEATHERMAN explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 4843 -- Reps. Tucker, P. Harris, McCraw, D. Smith, Phillips, Wilkins and Haskins: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY OF THE U. S. INTERSTATE I-85 CORRIDOR IN GREENVILLE, SPARTANBURG, ANDERSON, AND CHEROKEE COUNTIES FOR THE PURPOSE OF DEVELOPING A TWENTY-YEAR PLAN FOR BETTER TRAFFIC MANAGEMENT AND TO REPORT THE FINDINGS TO THE GENERAL ASSEMBLY.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment previously proposed by Senators LEATHERMAN and RANKIN.
Senators LEATHERMAN and RANKIN proposed the following amendment (4843R002.HKL), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The Department of Transportation shall conduct a study of U.S. Interstate I-85 between the North Carolina and Georgia state lines, as well as all other sections existing currently or being considered or proposed of the U.S. Interstate System located within South Carolina. The study must include information found in a 1992-93 highway transportation study of Greenville and Spartanburg counties and must be expanded to include Anderson and Cherokee counties, as well as all other counties in South Carolina in which a section of the U.S. Interstate System is located or is being considered for a proposed section of the U.S. Interstate System. The purpose of this study is to evaluate the transportation needs and economic impact of transportation in South Carolina and develop a twenty-year plan to resolve and prevent increased congestion and better traffic management along the U.S. Interstate System within South Carolina. The department shall report its findings to the General Assembly on January 30, 1995.
SECTION 2. This joint resolution takes effect upon approval by the Governor./
Amend title to conform.
Senator LEATHERMAN explained the amendment.
There being no further amendments, the Resolution was read the third time and ordered returned to the House of Representatives with amendments.
H. 4873 -- Rep. Houck: A BILL TO AMEND SECTION 44-53-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PROFESSIONALS UNDER NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO REVISE THE DATES FOR EXPIRATION AND RENEWAL OF REGISTRATIONS; AND TO PROVIDE STAGGERED REGISTRATIONS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator ROSE proposed the following amendment (4873R001.MTR), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
\SECTION . Section 52 of Title 44 of the 1976 Code is amended by adding:
"It is the policy of this State that:
(1) Prevention of harm to the fetus is the primary objective of this State and its subdivisions in formulating programs and policies to address the use of alcohol or other drugs during pregnancy.
(2) Programs and policies to address the use of alcohol or other drugs during pregnancy should concentrate on measures that improve the individual's ability to act responsibly. Punitive or coercive measures should be used only as a last resort.
(3) Prenatal harm can be caused by exposure to various drugs, including alcohol, and is often a result of multiple exposures as well as other influences, such as poor maternal health, malnutrition, and lack of prenatal care. The most effective way to prevent this harm is to improve the overall well-being and the self-esteem of women. Efforts to prevent prenatal harm should utilize innovative strategies aimed at the broad range of factors contributing to harm associated with prenatal substance abuse. New models of service delivery should be developed to increase the utilization of available services, using outreach and community-based services as means for identifying and serving the target population.
(4) The use of alcohol and other drugs by women places them at risk for the development of numerous physical and psychological problems. Women whose physical or psychological health is compromised have diminished capacity to care for themselves and their families as well as to participate meaningfully in the community in which they live. Alcohol and other drug abuse isolates women from the institutions of society which support the building and maintenance of self-respect and healthy relationships. Progress and policies of the State and its subdivisions should seek to promote health-enhancing behaviors in women and to develop treatment programs which improve the capacity of women to function fully within their communities.
(5) Prevention, treatment, rehabilitation, and support services for alcohol and other drug abuse, which reflect the unique needs of pregnant women, should be accessible and available to these women. Public and private funds and resources should be identified to implement model intervention programs. Providers of alcohol or drug treatment services must not discriminate against pregnant women or women of childbearing age in providing these services. Pregnant women should be given priority access to treatment services for alcohol or drug dependency.
(6) Adequate prenatal care, through the public and private sectors, should be available and accessible for every pregnant woman. In order to avoid deterring pregnant substance abusers from obtaining prenatal care at the earliest possible time, the privacy of the physician-patient relationship should be protected.
(7) All men and women of childbearing age should be educated about the physical, emotional, and medical effects of alcohol and other drug use during pregnancy. Appropriate educational materials and programs should be developed for use in schools. Educational efforts should emphasize prevention.
(8) All agencies with functions related to use of alcohol or other drugs by pregnant women, including health, social services, corrections, and law enforcement agencies, shall develop plans and interagency policies for coordination of services and resources. These plans and policies should provide for a continuum of services to prevent harm caused by prenatal exposure to alcohol or other drugs. They should include innovative strategies that take into consideration social conditions likely to affect the success of prevention or treatment initiatives, including housing, child care, transportation, and job training specific to women's needs.
(9) Health, social services, and educational agencies shall develop plans and interagency policies for coordination of services and resources to meet the special needs of children who have been harmed by prenatal exposure to alcohol and other drugs.
(10) Statutes, including statutes defining the authority of state or local agencies or providers of services, must be broadly construed to accomplish the policies set forth in this act.
(11) The policies provided for in this act shall be implemented through the cooperative efforts of state, county, and municipal legislative, judicial, and executive branches, as well as other public and private resources. Where resources are limited, services must be targeted to have the greatest impact on preventing harm associated with prenatal exposure to alcohol or other drugs./
Amend the bill further, as and if amended by adding an appropriately numbered new SECTION to read:
\SECTION . Title 44 of the 1976 Code is amended by adding:
Section 44-54-10. A physician licensed in South Carolina who provides obstetrical or gynecological care to a patient who is pregnant shall counsel the patient on the perinatal effects of smoking cigarettes, the use of alcohol, and the use of a controlled substance as defined in Section 44-53-110, as well as other risk factors appearing to be present in the patient's life. A physician may fulfill this obligation by causing a nurse, social worker, or other allied health professional to provide the required counseling. A statement evidencing that this counseling has been provided and signed by the patient or by the person giving this counseling must be maintained as part of that patient's medical records.
Section 44-54-20. The South Carolina Department of Health and Environmental Control, in cooperation with the South Carolina Commission on Alcohol and Drug Abuse, shall develop and provide educational programs and materials to physicians who provide obstetrical or gynecological care, to other health care providers who provide services for pregnant women, to hospitals, and to other appropriate persons and entities. This information must include, but is not limited to:
(1) the effects of cigarettes, alcohol, and controlled substances on pregnancy and fetal outcome;
(2) how other aspects of a woman's life, such as poor nutrition and domestic violence, interact with substance abuse to affect fetal outcome;
(3) what services are available for addicted or substance-abusing women and their families;
(4) the harm done to fetuses from drug use by the mother; and
(5) the law relating to drug use during pregnancy, including the provisions of this chapter.
Section 44-54-30. The South Carolina Commission on Alcohol and Drug Abuse shall establish and maintain a toll-free information line to provide information on resources for substance abuse and to assist with referral for substance-abusing pregnant women.
Section 44-54-40. A pregnant woman referred for substance abuse treatment must receive first priority for use of available treatment. All records and reports regarding the pregnant woman are confidential. The South Carolina Commission on Alcohol and Drug Abuse shall ensure that family-oriented substance abuse treatment is available, as appropriations allow. Substance abuse treatment facilities that receive public funds may not refuse to treat a woman solely because she is pregnant.
Section 44-54-50. (A) A physician or health care provider, upon identification of a woman with a high risk pregnancy due to the abuse of alcohol or a controlled substance or whose newborn child reasonably appears to have been exposed to alcohol or controlled substances in utero, shall inform the woman of the availability of services offered by substance abuse programs and the option of referral to the South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services.
(B) Upon consent by a woman identified in accordance with subsection (A) the physician or health care provider shall within seventy-two hours of making the identification make a referral to the South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services. The commission's toll-free information line and any other reasonable means may be used for this purpose.
(C) Any individual providing a government service to a woman identified in accordance with subsection (A) may refer the woman, with the woman's consent, to the South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services. The commission's toll-free information line and any other reasonable means may be used for this purpose.
(D) The South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services promptly must refer each woman referred in accordance with subsections (B) or (C) to a substance abuse program licensed by the Department of Health and Environmental Control and chosen by the woman, or if the woman does not choose a substance abuse program licensed by the Department of Health and Environmental Control, to the county drug and alcohol abuse authority in the county in which the woman resides. This substance abuse program or county drug and alcohol abuse authority must provide assessment and interdisciplinary treatment to each woman for whom a referral is made in accordance with subsections (B) or (C), and must report to a physician or other health care provider treating the woman the failure of the woman to comply with any reasonable plan of assessment or treatment prescribed by the substance abuse program or the county drug and alcohol abuse authority.
(E) Nothing in this section shall preclude a physician or other mandated reporter from reporting abuse or neglect of a child as required pursuant to Section 20-7-510. Nothing in this section shall preclude or interfere with voluntary admission to a drug treatment facility or emergency drug treatment pursuant to Chapter 52 of Title 44.
(F) A physician, health care provider, or other individual providing a government service who in good faith substantially complies with this section is immune from any civil liability that otherwise might result by reason of this compliance.
(G) Referral and associated documentation resulting from compliance with this section is confidential and may not be used in any criminal prosecution.
(H) The consent required by subsections (B) and (C) is considered a waiver of confidentiality solely for the purpose of making the report pursuant to subsections (B) and (C)."/
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
SECTION . Section 20-7-290 of the 1976 Code is amended to read:
/"Section 20-7-290. (A) Health services of any kind may be rendered to minors a minor of any age without the consent of a parent or legal guardian when, in the judgment of a person authorized by law to render a particular health service, such the services are deemed considered necessary unless such involves the services involve an operation which shall may be performed only if such it is essential to the health or life of such child the minor in the opinion of the performing physician and a consultant physician if one is available.
(B) A physician providing care for a newborn child may order testing for alcohol and other drugs without the consent of a parent or legal guardian if the testing is medically necessary to protect the health of the newborn child in the opinion of the performing physician. Consent from the mother should be sought before testing, if practicable.
(C) Information obtained from the drug or alcohol testing performed on a newborn must not be disclosed in a manner that would identify the child or parents to anyone other than the child's parents or guardian, except:
(1) to make a report pursuant to Section 20-7-510 and to cooperate with an investigation pursuant to such report;
(2) to obtain treatment or other services or benefits for the child or the child's family;
(3) as may be permitted by Section 44-53-140 pursuant to Chapter 52 of Title 44; or
(4) upon consent of a custodial parent or legal guardian.
Any person who discloses such information except as authorized in this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both."
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
SECTION . Section 20-7-510 of the 1976 Code is amended by adding:
"(D) A person is not required to report based on positive results of drug or alcohol testing performed on a newborn unless the test results combine with one or more other factors, such as the infant's home or family situation or condition, to give the reporter reason to believe that a child's physical or mental health or welfare may be affected adversely by abuse or neglect while in the care of a parent, legal guardian, or custodian."
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
SECTION . Section 44-7-260 of the 1976 Code, as last amended by Act 501 of 1990, is further amended by adding:
"(F) No facility or service that provides diagnostic, treatment, or rehabilitative services related to the abuse of alcohol or other drugs may refuse to provide these services to a woman solely because the woman is pregnant. Pregnant women must be given priority access to these services. Diagnostic, treatment, or rehabilitative services must be provided in accordance with accepted professional standards applicable to the treatment of abuse of alcohol or other drugs in pregnant women. All treatment providers must ensure that family-oriented substance abuse treatment is available, as resources may allow."
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
SECTION . Section 44-49-40(c) of the 1976 Code is amended by adding:
"(11) Coordinate these matters relating to prenatal substance abuse:
(a) study of issues related to prenatal substance abuse;
(b) development of prevention and treatment strategies;
(c) education of policymakers and other relevant professionals;
(d) identification of grants and other private funding sources and the coordination of efforts to obtain these funds; and
(e) provision of interagency communications and actions relating to the use of alcohol and other drugs during pregnancy."
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
SECTION . Section 44-53-140 of the 1976 Code is amended to read:
"Section 44-53-140. (A) Whenever When a holder of the privilege shall seek seeks counselling, treatment, or therapy for any a drug problem from a confidant, no statement made by such the holder and no observation or conclusion derived from such the confidant shall be is admissible against such the holder in any proceeding. The results of any an examination to determine the existence of illegal or prohibited drugs in a holder's body shall are not be admissible in any proceeding against such the holder. The privilege belongs to the holder and if he the holder waives the right to claim the privilege, the communication between the holder of the privilege and the confidant shall be is admissible in evidence in any proceeding. There is no privilege if the services of a confidant are sought to enable the holder of the privilege to commit or plan to commit a crime or a tort.
(B) When a person seeks prenatal care from a licensed health care provider, no statement made by the person and no observation or conclusion of the health care provider is admissible against the person in any proceeding. The results of an examination to determine the existence of alcohol or other drugs in the person's body or in the body of the newborn child of the person are not admissible in any proceeding against the person. However, the provider may release that information necessary to bring about the commitment of the person for alcohol or drug treatment pursuant to Section 44-52-110, where the release is consistent with professional standards of care. The provider also may release information necessary to judicial proceedings that are initiated by the Department of Social Services following a report under Section 20-7-510. The privilege belongs to the person and may be waived by the person."
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
SECTION . Section 59-32-20 of the 1976 Code is amended by adding a new paragraph at the end of the section to read:
"All school districts shall develop and include in their drug and alcohol education programs in grades one through twelve, age appropriate drug education curricula concerning the physiological effects and problems before and after birth caused by the use of cigarettes, alcohol, and controlled substances."
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
SECTION . Section 59-32-30(A) of the 1976 Code is amended by adding at the end:
"(7) Where appropriate to the students' age group, a program of instruction in reproductive health education or substance use or abuse must include instruction concerning the effects of the use and abuse of cigarettes, alcohol, and controlled substances on persons of reproductive age, pregnant women, and fetuses."
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
SECTION .
The South Carolina Commission on Alcohol and Drug Abuse shall ensure that a staff position is designated to carry out the functions required by Section 44-49-40(c)(11) of the 1976 Code as added by Section 8 of this act.
Amend title to conform.
Senator ROSE explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 5033 -- Rep. Phillips: A BILL TO AMEND SECTION 8-11-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS, LEAVE EARNINGS, AND THE TRANSFER OF AN EMPLOYEE'S ANNUAL LEAVE BALANCES FROM ONE STATE AGENCY TO ANOTHER, SO AS TO PROVIDE THAT ANY PERMANENT FULL-TIME EMPLOYEE OF A STATE AGENCY OR DEPARTMENT SHALL BE GIVEN FULL STATE SERVICE CREDIT FOR PRIOR SERVICE AS A CERTIFIED EMPLOYEE OF A SCHOOL DISTRICT OF THIS STATE FOR PURPOSES OF COMPUTING BONUS EARNINGS, AND TO PROVIDE THAT THE ABOVE PROVISIONS ONLY APPLY IF THERE IS NOT A BREAK IN SERVICE.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator SETZLER proposed the following amendment (5033.2), which was adopted:
Amend the bill, as and if amended, by striking page 1, line 37 through page 2, line 2 and inserting the following:
\"Any permanent employee of a state agency or department must be given full state service credit for prior service as a certified employee of a school district of this State for purposes of computing bonus earnings and no credit under this paragraph may be given for any out-of-state teaching service or other service with an out-of-state school district."/
Amend title to conform.
Senator SETZLER explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House with amendments.
The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 1425 -- Senators Courson, Patterson, Giese and Jackson: A BILL TO ABOLISH THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION AND DEVOLVE ITS POWERS, DUTIES, AND FUNCTIONS UPON THE HISTORIC COLUMBIA FOUNDATION; AND TO REPEAL ACT 69 OF 1963, AS AMENDED, RELATING TO THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION.
(By prior motion of Senator COURSON)
S. 1423 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE CROP PEST COMMISSION, CLEMSON UNIVERSITY, RELATING TO QUARANTINE OF PHYTOPHAGOUS SNAILS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1720, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(By prior motion of Senator LEVENTIS, with unanimous consent)
S. 1422 -- Senator Macaulay: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM IN OCONEE COUNTY TO BE HELD AT THE SAME TIME AS THE 1994 PRIMARIES TO DETERMINE THE WISHES OF THE ELECTORS OF THE COUNTY AS TO WHETHER THE COUNTY SUPERINTENDENT OF EDUCATION MUST BE ELECTED OR APPOINTED BY THE BOARD OF TRUSTEES OF THE OCONEE COUNTY SCHOOL DISTRICT AND TO DETERMINE THE WISHES OF THE ELECTORS OF THE COUNTY AS TO WHETHER THE BOARD OF TRUSTEES OF THE OCONEE COUNTY SCHOOL DISTRICT BE REDUCED IN NUMBER FROM NINE MEMBERS TO FIVE MEMBERS FROM THE SAME SINGLE MEMBER ELECTION DISTRICTS UTILIZED FOR THE ELECTION OF THE MEMBERS OF THE OCONEE COUNTY COUNCIL.
The Senate proceeded to a consideration of the Resolution. The question being the third reading of the Resolution.
Senator MACAULAY proposed the following amendment (BBM\9273JM.94), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The Oconee County Commissioners of Election shall conduct an advisory referendum within the county at the same time as the 1994 primaries for Governor are held so as to determine the wishes of the qualified electors of the county as to (1) whether the Superintendent of Education of Oconee County should be appointed to office by the Board of Trustees of the School District of Oconee County, rather than elected by the qualified electors of the county as is now the case, and (2) whether the membership of the Board of Trustees of the School District of Oconee County should be changed from nine in number to five in number to be elected from the same five single-member election districts utilized for the Oconee County Council. Ballots must be prepared and distributed to the voting precincts of the county with the following questions printed on the ballot:
"(A) Should the existing method of selecting the Superintendent of Education of Oconee County by election be changed to provide for appointment of that official by the Board of Trustees of the School District of Oconee County?
Place a check or cross mark in the box which expresses your opinion.
(B) Should the membership of the Board of Trustees of the School District of Oconee County be changed from nine in number to five in number to be elected from the same five single-member election districts which are utilized for the Oconee County Council?
Place a check or cross mark in the box which expresses your opinion."
SECTION 2. The Oconee County Commissioners of Election shall certify the results of the advisory referendum to the Oconee County Legislative Delegation.
SECTION 3. The costs of the advisory referendum provided for in this joint resolution must be paid by Oconee County.
SECTION 4. This joint resolution takes effect upon approval by the Governor./
Amend title to conform.
There being no further amendments, the Resolution was read the third time and ordered sent to the House of Representatives.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
H. 4288 -- Reps. Shissias, Harrison, Gamble, Waites, Felder, Worley, Beatty, Kelley, Littlejohn, McElveen, Delleney, Klauber, Phillips, D. Wilder, Corning, Wright, Keyserling, Stone, Davenport, Witherspoon, Thomas, Baxley and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2735 SO AS TO ESTABLISH EDUCATIONAL REQUIREMENTS FOR CAREGIVERS IN CHILD DAY CARE CENTERS AFTER JUNE 30, 1994, AND TO PROVIDE AN EXCEPTION.
H. 4844 -- Reps. Shissias, McElveen, Neal, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson and Wells: A BILL TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES; TO AMEND SECTION 15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO REVISE A CROSS REFERENCE; AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD4844.001), which was adopted:
Amend the bill, as and if amended, page 15, beginning on line 19, as contained in SECTION 1, by striking lines 19 through 38 in their entirety and inserting therein the following:
Section 20-7-985. The family court exercising personal jurisdiction over a nonresident under Section 20-7-980 may apply Section 20-7-1100 to receive evidence from another state and Section 20-7-1110 to obtain discovery through a tribunal of another state. In all other respects, Sections 20-7-1025 through 20-7-1200 do not apply, and the family court shall apply the procedural and substantive law of this State, including the rules on choice of law other than those established by this subarticle.
Section 20-7-990. Under this subarticle the family court may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state.
Amend the bill further, as and if amended, page 25, beginning on line 25, as contained in SECTION 1, by striking lines 25 through 27 in their entirety and inserting therein the following:
Amend title to conform.
Senator COURTNEY explained the amendment.
Senator COURTNEY proposed the following amendment (JUD4844.002), which was adopted:
Amend the bill, as and if amended, page 31, line 40, by striking /Section 20-7-1120./ and inserting /Section 20-7-1220./.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
H. 4767 -- Reps. Neilson, Rogers, Whipper, Hallman, Gonzales, Sturkie, Quinn, Littlejohn, Govan, McKay, Hines, McCraw, Fulmer, Cobb-Hunter, J. Bailey, G. Bailey, Walker, J. Harris, Beatty, Phillips, Vaughn, Davenport, Rudnick, Richardson, Canty, D. Wilder, Stille, Spearman, Thomas, Breeland, Scott, Moody-Lawrence, Inabinett, Riser, Waites, Koon, Harrison and Corning: A BILL TO AMEND SECTION 20-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT PARENTS HAVE EQUAL ACCESS TO EDUCATIONAL AND MEDICAL RECORDS OF THEIR MINOR CHILDREN.
H. 4031 -- Reps. M.O. Alexander and Phillips: A BILL TO AMEND SECTION 56-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPIRATION OF DRIVER'S LICENSE, RENEWAL, VISION TESTS, AND REEXAMINATIONS, SO AS TO CHANGE THE MANNER OF PROOF THAT A PERSON ON ACTIVE MILITARY DUTY OUTSIDE THE STATE MUST PRESENT TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO QUALIFY FOR RENEWAL OF HIS DRIVER'S LICENSE.
H. 4376 -- Reps. Kirsh and Rudnick: A BILL TO AMEND SECTION 12-39-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE COUNTY AUDITOR IN LEVYING PROPERTY TAXES, SO AS TO PROVIDE THAT THE MINIMUM ASSESSMENT OF TWENTY DOLLARS ON ALL TAXABLE PROPERTY APPLIES ONLY WITH RESPECT TO PERSONAL PROPERTY WHERE NO HIGHER MINIMUM ASSESSMENT IS IMPOSED.
H. 4865 -- Reps. Keyserling, White, Richardson and Harrelson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 59 SO AS TO CREATE THE BEAUFORT-JASPER HIGHER EDUCATION COMMISSION AND PROVIDE FOR ITS MEMBERSHIP, MEETINGS, AUTHORITY, AND DUTIES; TO REPEAL ACT 90 OF 1959 RELATING TO THE BEAUFORT COUNTY HIGHER EDUCATION COMMISSION; AND TO PROVIDE FOR FINAL AND INITIAL TERMS.
H. 3168 -- Rep. Kirsh: A BILL TO AMEND SECTION 30-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR UNLAWFULLY REMOVING, DEFACING, OR DESTROYING A PUBLIC RECORD, SO AS TO INCREASE THE PENALTY FOR VIOLATION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD3168.002), which was adopted:
Amend the bill, as and if amended, page 1, line 21, by striking SECTION 1 in its entirety and inserting therein the following:
/SECTION 1. Section 30-1-30 of the 1976 Code, as last amended by Act 546 of 1990, is further amended to read:
"Section 30-1-30. Any A person who unlawfully removes a public record from the office where it is usually is kept, or alters, defaces, mutilates, secretes, or destroys it is guilty of a misdemeanor and, upon conviction, must be fined not less than two five hundred dollars nor more than five thousand dollars or imprisoned not more than thirty days. Magistrates and municipal courts have jurisdiction to try violations of this section."/
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3890 -- Reps. McAbee, Kelley, Worley, Keegan, Witherspoon and Sturkie: A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOTELS, MOTELS, RESTAURANTS, AND BOARDING HOUSES, BY ADDING CHAPTER 2, THE LODGING ESTABLISHMENT ACT, SO AS TO GOVERN THE LAWFUL USE OF LODGING ESTABLISHMENTS AND PROVIDE PENALTIES FOR VIOLATIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD3890.004), which was adopted:
Amend the bill, as and if amended, page 1, line 42, in Section 45-2-20, as contained in SECTION 1, by striking /twenty-one/ and inserting therein /eighteen/.
Amend the bill further, as and if amended, page 2, line 1, in Section 45-2-30, as contained in SECTION 1, by striking line 1 in its entirety and inserting therein the following:
/Section 45-2-30. (A) An innkeeper may refuse or/.
Amend the bill further, as and if amended, page 3, line 6, in Section 45-2-30, as contained in SECTION 1, by striking line 6 in its entirety and inserting therein the following:
/(B) The innkeeper refusing or denying/.
Amend the bill further, as and if amended, page 3, beginning on line 16, in Section 45-2-30, as contained in SECTION 1, by striking through line 18, page 4, in Section 45-2-40, and inserting therein the following:
/origin, gender, disability, or marital status.
(C) The innkeeper may deduct from a refund of an advance payment to a person who has been ejected from the lodging establishment the value of one day's lodging plus half the value of lodging for any additional days remaining in the reserved period. This subsection would not preclude the innkeeper from deducting a lesser amount of the advance payment or making a full refund.
Section 45-2-40. (A) A person who on the premises or property of a lodging establishment:
(1) uses or possesses a controlled substance in violation of Chapter 53 of Title 44;
(2) consumes or possesses beer, wine, or alcoholic liquors in violation of Sections 20-7-370 or 20-7-380;
is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(B) A person who on the premises or property of a lodging establishment maliciously and wilfully commits a violation of this chapter resulting in damage to a lodging establishment room or its furnishings is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the amount of injury or damage to the property is five thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount of injury or damage to the property is more than one thousand dollars but less than five thousand dollars;
(3) misdemeanor triable in magistrate's court if the amount of injury or damage to the property is one thousand dollars or less. Upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(C) A person who rents or leases a room in a lodging establishment for the purpose of allowing the room to be used by another to do any act enumerated in subsections (A) or (B) of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(D) In a case arising under this section involving damage to a lodging establishment room or its furnishings, the court may order the person renting or leasing the lodging establishment room or the person causing such damage, or both:
(1) to pay restitution for any damages suffered by the owner or operator of the lodging establishment, which damages may include the lodging establishment's loss of revenue resulting from the establishment's inability to rent or lease the room during the period of time the lodging establishment room is being repaired; and
(2) to pay damages or restitution to any other person who is injured in person or property.
In a case arising under this section triable in magistrate's court, a magistrate may order restitution not to exceed one thousand dollars.
In the case of a minor, the parents of the minor are liable for acts of the minor in violation of this section which cause damages to the lodging establishment room or furnishings or cause injury to persons or property.
(E) This section does not prohibit the prosecution of a person for the underlying violation which occurred on the premises or property of the lodging establishment./.
Amend the bill further, as and if amended, page 5, line 29, in Section 45-2-60, as contained in SECTION 1, by striking /sex/ and inserting /gender/.
Amend the bill further, as and if amended, page 5, beginning on line 32, by striking Section 45-2-70, as contained in SECTION 1, in its entirety and inserting therein the following:
/Section 45-2-70. The innkeeper shall post a copy of this chapter, together with all rules of the lodging establishment, in a conspicuous place at or near the guest registration desk./.
Amend the bill further, as and if amended, page 6, beginning on line 1, by striking SECTION 2 in its entirety and inserting therein the following:
/SECTION 2. This act takes effect upon approval by the Governor./.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 4403 -- Reps. Holt, Harrelson, Harvin and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO PROVIDE REQUIREMENTS FOR RAISED DEER STANDS USED AT DEER HUNTS OFFERED TO THE PUBLIC BY THE DEPARTMENT OF NATURAL RESOURCES.
On motion of Senator HOLLAND, the Bill was recommitted to the Committee on Fish, Game and Forestry.
H. 5189 -- Reps. Phillips, McCraw, Farr, Littlejohn, Walker, Wells, Lanford, Allison and D. Smith: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO DEVELOP AND APPROVE QUICKLY THE NATIONAL HIGHWAY SYSTEM NO LATER THAN SEPTEMBER 30, 1994.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5161 -- Rep. J. Bailey: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO PROMPTLY ENACT LEGISLATION TO PROVIDE FOR MEDICAL CARE SAVINGS ACCOUNTS.
The Concurrent Resolution was adopted, ordered returned to the House.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 1:00 P.M. and the following Acts and Joint Resolutions were 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.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3812 -- Reps. T.C. Alexander, M.O. Alexander, G. Bailey, J. Bailey, Cato, Gamble, Harvin, McLeod, Neilson, Richardson, Robinson, Simrill, R. Smith, Vaughn, Whipper, Gonzales, Wright and Harrison: A BILL TO AMEND TITLE 39, CHAPTER 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABELS AND TRADEMARKS, SO AS TO ENACT THE "TRADEMARKS AND SERVICE MARKS ACT OF 1993" INCLUDING REGISTRATION PROCEDURES, FEES, AND CIVIL PENALTIES; TO AMEND SECTION 39-15-720, RELATING TO USE OF TRADEMARKS ON TIMBER, SO AS TO CONFORM A REFERENCE TO THIS ACT; AND TO REPEAL ARTICLE 3, CHAPTER 15, TITLE 39 RELATING TO TRADEMARKS AND SERVICE MARKS.
Senator HAYES moved that the Bill be made a Special Order.
Senator MATTHEWS moved to table the motion.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Ford Holland Land
Matthews Mitchell Patterson
Saleeby Smith, G. Smith, J.V.
Washington
Bryan Cork Courson
Courtney Elliott Giese
Gregory Hayes Lander
Leatherman Leventis Macaulay
Martin McConnell McGill
Mescher Moore O'Dell
Peeler Rankin Reese
Richter Russell Ryberg
Setzler Stilwell Thomas
Waldrep Wilson
The Senate refused to table the motion. The question then was the adoption of the motion.
Senator MATTHEWS moved to adjourn debate on the Bill.
Senator McCONNELL moved to table the motion to adjourn debate.
The motion to adjourn debate was tabled.
The question then was the motion to make the Bill a Special Order.
The Bill was made a Special Order.
On motion of Senator LEATHERMAN, the Senate agreed to dispense with the balance of the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
H. 4631 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-51-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO PROVIDE FOR LICENSURE BY ENDORSEMENT; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSE WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS; TO REPEAL SECTION 40-51-150, RELATING TO GROUNDS FOR REVOCATION OF LICENSES; AND TO REAUTHORIZE THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
Senator McCONNELL spoke on the Bill.
At 1:17 P.M., Senator SETZLER assumed the Chair.
Senator McCONNELL continued speaking on the Bill.
Senator GIESE argued contra to the Bill.
Senator LEATHERMAN spoke in favor of the Bill.
Senator LEATHERMAN proposed the following Amendment No. 1 (CYY\16106AC.94), which was adopted:
Amend the report of the Labor, Commerce and Industry Committee by deleting Section 40-51-30(D) and inserting:
/(D) Ballots must be mailed by the secretary before April second to the last known mailing address of all podiatrists residing in the district for which the nomination is being made and must be returned to the secretary postmarked before May second and received by the office before May eleventh. The secretary of the board shall certify in the presence of an employee of the Department of Labor, Licensing, and Regulation who is not employed by the board that the ballots are true and valid./
Amend title to conform.
Senator LEATHERMAN argued in favor of the adoption of the amendment and Senator GIESE argued contra.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
The Committee on Labor, Commerce and Industry proposed the following amendment (CYY\16081AC.94), which was adopted:
Amend the bill, as and if amended, Section 40-51-80, page 2, by striking lines 1 and 2 and inserting:
/considers necessary. The board shall offer the required examinations at least once annually but not more than two times a year. Each A successful applicant if he who has/.
Amend the bill further, Section 40-51-110(B), page 2, by striking line 26 and inserting:
/this chapter, if the State in which the person is licensed or certified or in which the person has been practicing podiatry or chiropody extends the same reciprocal privileges to podiatrists or chiropodists in this State./
Amend the bill further, page 5, by deleting SECTION 6.
Amend the bill further, by striking SECTION 8 and inserting:
/SECTION 8. Section 40-51-30 of the 1976 Code, as last amended by Act 28 of 1993, is further amended to read:
"Section 40-51-30. For the purpose of carrying out this chapter, the Governor shall appoint a Board of Podiatry Examiners, to consist of four podiatrists, actually engaged in this practice in the State and one consumer member. All members of the board must be residents of South Carolina. Nominations of the podiatrists for appointment to the board must be received by the Governor from the South Carolina Board of Podiatry Examiners with all licensed active practicing podiatrists residing in this State having an opportunity to vote and being eligible to be candidates during a pre-announced election. The Governor shall appoint the consumer member from the State at large. The Governor may reject any or all of the nominees upon satisfactory showing as to the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner. The members of the board must be appointed by the Governor for terms of two years. The Governor may remove from office members of the Board of Podiatry Examiners for neglect of duties as required by this chapter or for malfeasance in office for unprofessional conduct. The State Board of Medical Examiners shall designate one medical doctor as a consultant to the board. The Attorney General of South Carolina is the legal advisor to the board with power to prosecute any violation of this chapter.
(A) There is created the Board of Podiatry Examiners to be composed of five members, appointed by the Governor with the advice and consent of the Senate, one of whom must be a lay member from the State at large, one of whom must be a podiatrist from the State at large, and three of whom must be podiatrists, one from each of these districts:
(1) the Upper District comprised of Oconee, Pickens, Anderson, Greenville, Spartanburg, Cherokee, Union, York, Chester, Fairfield, Lancaster, Newberry, Saluda, Edgefield, McCormick, Greenwood, Laurens, and Abbeville counties;
(2) the Central District comprised of Kershaw, Chesterfield, Marlboro, Darlington, Lee, Sumter, Clarendon, Richland, Calhoun, Orangeburg, Lexington, Aiken, Barnwell, and Allendale counties; and
(3) the Lower District comprised of Hampton, Jasper, Beaufort, Colleton, Charleston, Dorchester, Bamberg, Berkeley, Williamsburg, Georgetown, Florence, Horry, Marion, and Dillon counties.
(B) The podiatrist at large and the lay member serve coterminously with the appointing Governor and until their successors are appointed and qualify. The board shall conduct an election to nominate three podiatrists from each district to be submitted to the Governor for consideration for appointment. The Governor shall appoint one podiatrist to represent each district from among the nominees submitted for that district. The election shall provide for participation by all podiatrists currently licensed and residing in the district for which the nomination is being made. The podiatrists elected must be residents of the district they represent, licensed, and in good standing to practice podiatry in this State and actively engaged in the practice of podiatry in this State. The elected members of the board representing the three districts shall serve a four-year term. No member may serve more than one term of office; however, a person appointed to fill an unexpired portion of a term if reelected and reappointed may serve one full term.
(C) Before January sixteenth in the year in which the term expires for a member representing a district, a qualified podiatrist desiring to be a candidate for the board must submit to the secretary of the board a biography, a photograph, and a statement indicating a desire to be a candidate for the board. The secretary shall prepare ballots for mailing to all podiatrists licensed and residing in the district for which the nomination is being made. The ballots must be in a form that makes tabulation quick and easy and shall contain the names of the nominees in alphabetical order. Enclosures to accompany the ballots shall include the envelope in which the ballot is to be sealed and an envelope addressed to the secretary of the board. The addressed envelope shall contain a statement headed `information required' on which must be typed or printed the name of the voter and a space for the voter's signature certifying that the voter:
(1) is the person whose name appears on the statement;
(2) is eligible to vote in this election;
(3) has personally cast the ballot.
(D) Ballots must be mailed by the secretary before April second to the last known mailing address of all podiatrists residing in the district for which the nomination is being made and must be returned to the secretary postmarked before May second and received by the office before May eleventh. The secretary of the board shall certify these ballots to be true and valid.
(E) Before June second the board shall certify in writing to the Governor the names of the three persons winning the election and the name of the person on the board the nominees are being considered to replace. The member, when appointed by the Governor, takes office the first of July of that year.
(F) Notwithstanding subsection (B), if a nominee is judged unfit by the Governor, the board must be informed and other nominees must be submitted in like manner.
(G) Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
(H) The Governor may remove a member of the board who is guilty of continued neglect of board duties or who is found to be incompetent, unprofessional, or dishonorable. No member may be removed without first giving the member an opportunity to refute the charges filed against that member."/
Amend the bill further, by adding an appropriately numbered section to read:
/SECTION . Notwithstanding any other provision of law, on the effective date of this act, the terms of office of the present members of the Board of Podiatry Examiners expire. The Department of Labor, Licensing, and Regulations temporarily shall assume the duties of the board, board members are appointed and qualify to take office in accordance with this act. The Department of Labor, Licensing, and Regulation shall conduct the initial election to select the nominations to submit to the Governor for appointment pursuant to this act. Of the members initially appointed by the Governor pursuant to this section from districts established pursuant to Section 40-51-30 of the 1976 Code, as amended in Section 8 of this act, the member from the Upper District shall serve a one-year term, the member from the Central District shall serve a two-year term, the member from the Lower District shall serve a three-year term. The lay member and the podiatrist at-large member shall serve a four-year term. All terms will be for four years after the initial board is appointed. No member may serve more than one term of office except that the initial members of the board serving less than a four-year term may be reappointed for one four-year term. A member serving an unexpired term may be reelected and reappointed for one term./
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment proposed by the Committee on Labor, Commerce and Industry.
Senator RYBERG moved to table the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Courson Giese
Hayes Macaulay Richter
Ryberg Waldrep
Bryan Courtney Elliott
Ford Holland Jackson
Land Lander Leatherman
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Patterson
Peeler Rankin Reese
Rose Russell Saleeby
Setzler Smith, G. Stilwell
Washington Williams Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
Senator DRUMMOND proposed the following Amendment No. 2 (GJK\29857SD.94), which was adopted:
Amend the bill, as and if amended, by striking Section 40-51-80 of the 1976 Code, as contained in SECTION 1 and inserting:
/"Section 40-51-80. For the purposes of examination the board shall use the National Board of Podiatry Examination and such other practical or oral examination examinations as the board deems considers necessary. The board shall offer the required examinations at least twice annually. Each A successful applicant if he who has completed all requirements shall be is eligible for a certificate to practice podiatric medicine."/
Renumber sections to conform.
Amend totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator ELLIOTT proposed the following Amendment No. 3 (GJK\20952SD.94), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . In accordance with Section 1-20-60 of the 1976 Code, the existence of the South Carolina Board of Examiners in Opticianry is reauthorized for six years./
Renumber sections to conform.
Amend totals and title to conform.
Senator ELLIOTT argued in favor of the adoption of the amendment.
Senator LEATHERMAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator ELLIOTT spoke on the Point of Order.
The ACTING PRESIDENT overruled the Point of Order.
Senator ELLIOTT moved that the amendment be adopted.
The amendment was adopted.
Senator DRUMMOND proposed the following Amendment No. 4 (CYY\16213AC.94), which was tabled:
Amend the bill, as and if amended, by deleting Section 1 and inserting:
/SECTION 1. Section 40-51-80 of the 1976 Code is amended to read:
"Section 40-51-80. For the purposes of examination the board shall use the National Board of Podiatry Examination and such other practical or oral examination examinations as the board deems considers necessary. The board shall offer the required examinations at least once annually and a second examination must be offered if any applications for examinations are pending. Each A successful applicant if he who has completed all requirements shall be is eligible for a certificate to practice podiatric medicine."/
Amend title to conform.
Senator LEATHERMAN explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator MACAULAY proposed the following Amendment No. 9 (4631R001.ASM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . In accordance with Section 1-20-60 of the 1976 Code, the South Carolina State Board of Dentistry is reauthorized for six years./
Amend title to conform.
Senator MACAULAY explained the amendment.
Senator PATTERSON moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Patterson
Bryan Cork Courson
Courtney Elliott Ford
Giese Gregory Hayes
Holland Jackson Lander
Leatherman Macaulay Martin
Matthews McConnell McGill
Mescher Mitchell O'Dell
Peeler Rankin Reese
Richter Rose Russell
Ryberg Setzler Smith, G.
Stilwell Waldrep Washington
Williams Wilson
The Senate refused to table the amendment. The question then was the adoption of 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.
On motion of Senator MESCHER, with unanimous consent, the following appointment was confirmed:
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1991, and to expire April 30, 1995:
The Honorable Victor Glenn Stephens, 127 Bishopville Road, St. George, S.C. 29477 VICE Holcombe M. Bell, Jr. (resigned)
At 2:19 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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