Indicates Matter Stricken
Indicates New Matter
Pursuant to the provisions of S. 1430, the Sine Die Resolution, the Senate assembled at 12:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the New Revised Version rendering of Ecclesiastes, Chapter 10:1-2a:
"Dead flies make the perfumer's ointment give off a foul odor;
so a little folly outweighs wisdom and honor. The heart of the
wise inclines to the right..."
Let us pray.
Father, You created us in Your image. You put Adam and Eve in a garden. You willed that our life should praise You in blissful innocence; but, mankind's sinfulness has thwarted, for a time, Your purposes.
As we return to this Chamber, a Holy Place indeed, dissolve, O Lord, our frustrations!
Give to all who serve here strength of body, clarity of mind, and a share of joyous fulfillment when our tasks are done.
In the name of the Lord of Life, we pray.
Amen.
At 12:05 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed fifteen minutes.
At 12:25 P.M., the Senate resumed.
to Chaplain George E. Meetze
The PRESIDENT recognized Senator DRUMMOND, PRESIDENT Pro Tempore, who introduced the Chaplain of the Senate, George E. Meetze, for the purpose of introducing a Resolution and, on behalf of his Excellency, James H. Hodges, Governor of South Carolina, presenting the Order of the Palmetto.
Senator DRUMMOND presented Chaplain Meetze with the Order of the Palmetto.
Chaplain Meetze, with unanimous consent, was granted leave to address the Senate.
"Thank you very much. It's been an honor. I'm known over this State, not by name, but as the Chaplain of the South Carolina Senate. In the presence of our children, I want to say that their dear mother, now in Heaven six years, used to say, 'I believe you love the Senate better than you love the Church.' Pride is a great sin, but I want to confess that I'm guilty as Hell."
On motion of Senator PATTERSON, with unanimous consent, the remarks by Chaplain Meetze were ordered printed in the Journal.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1999, and to expire June 30, 2003:
At-Large:
Stephen C. Lloyd., Ph.D., 117 River Birch Lane, Columbia, S.C. 29206 VICE Dianne R. Dantzler
Referred to Committee on Medical Affairs
Initial Appointment, Veterans Trust Fund of South Carolina, with term coterminous with Governor:
Veterans Organization:
William S. Biggs, 506 Holly Creek Drive, Anderson, S.C. 29621
Referred to the General Committee
Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 1999, and to expire July 27, 2002:
3rd Congressional District:
Thomas D. Sherrad, 126 Woodland Way, Abbeville, S.C. 29620 VICE Jeffrey W. Childress
Referred to Committee on Labor, Commerce and Industry
Reappointment, South Carolina Public Service Authority, with term to commence May 19, 1997, and to expire May 19, 2004:
At-Large - Chairman:
Alec B. McLeod, Jr., 21 Waterway, Isle of Palms, S.C. 29451
VICE: John S. Rainey
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Board of Directors for Review of Foster Care of Children, with term to commence June 30, 1997, and to expire June 30, 2001:
6th Congressional District:
Carrie Sinkler-Parker, P.O. Box 313, Alcolu, S.C. 29001 VICE Della A. Baker
Referred to Committee on Judiciary
Initial Appointment, South Carolina Mining Council, with term to commence June 30, 1999, and to expire June 30, 2001:
DHEC:
Patrick T. Walker, 2600 Bull Street, Columbia, S.C. 29201 VICE William C. Rowell
Referred to Committee on Agriculture and Natural Resources
Initial appointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2000, and to expire September 30, 2003:
Therapist:
Celeste Ranson, 100 Laurel Crossing Drive, Lugoff, S.C. 29078
Referred to Committee on Labor, Commerce and Industry
Reappointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2000, and to expire September 30, 2003:
Therapist:
Celeste Ranson, 100 Laurel Crossing Drive, Lugoff, S.C. 29078
Referred to Committee on Labor, Commerce and Industry
Initial Appointment, Scenic Highways Committee, with term to commence July 14, 2000, and to expire July 14, 2002:
Parks and Recreation:
Philip Gordon Powell, 411 Third Street, Cheraw, S.C. 29520 VICE Paul B. Ellis, III (resigned)
Referred to Committee on Transportation
Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2000, and to expire July 1, 2002:
Research Institutions:
Margaret M. Addison, 1130 Lowell Street, Holly Hill, S.C. 29059 VICE Lawrence M. Gressette, Jr.
Referred to Committee on Education
Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1999, and to expire June 30, 2003:
Area 10:
Annease R. Goodman, P. O. Box 302, Estill, S.C. 29918
Referred to Committee on Medical Affairs
Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2000, and to expire July 1, 2002:
Lorraine Bertha Dimery, 1004 East Main St., Kingstree, S.C. 29556 VICE Susan R. Cole
Referred to Committee on Education
Initial Appointment, South Carolina State Ethics Commission, with term to commence May 31, 2000, and to expire May 31, 2005:
4th Congressional District:
Pete Gus Diamaduros, 444 Old Iron Works Rd., Spartanburg, S.C. 29302 VICE Raymond B. Smith
Referred to Committee on Judiciary
Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 1998, and to expire June 30, 2002:
2nd Congressional District:
Dorothea Renee Dawkins-Haigler, 547 Senn Street, West Columbia, S.C. 29169 VICE A. R. Goodwyn, III
Referred to Committee on Judiciary
Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2000, and to expire June 30, 2004:
Category 3:
Mary Berg Gossett, Ph.D., 714 Belle Shoals Road, Pickens, S.C. 29671 VICE John Mattison Geer, Jr.
Referred to Committee on Judiciary
Reappointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 1999, and to expire September 30, 2002:
Public:
Wilma L. Kelley, 2915 Bethune Highway, Bishopville, S.C. 29010
Referred to Committee on Labor, Commerce and Industry
Initial Appointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 1999, and to expire September 30, 2002:
Therapist:
Joyce J. Branham, P. O. Box 69, Ridgeway, S.C. 29130
Referred to Committee on Labor, Commerce and Industry
Reappointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2000, and to expire June 30, 2004:
S.C. Bankers Assn. - Savings & Loan:
Herbert W. Watts, P.O. Box 512, Cheraw, S.C. 29520
Referred to Committee on Banking and Insurance
Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2000, and to expire June 30, 2004:
Category 1:
Donald A. Bailey, 208 Williams Street, Mt. Pleasant, S.C. 29464 VICE David V. Narr
Referred to Committee on Judiciary
Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 1998, and to expire June 30, 2002:
Category 3:
C. Michael Smith, Ph.D., 929 King Street, Columbia, S.C. 29205 VICE Joe M. Anderson, Jr.
Referred to Committee on Judiciary
Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2000, and to expire June 30, 2004:
Category 1:
Calvin Elam, 2008 Marion Street, Suite H, Columbia, S.C. 29201 VICE Carol M. Morris
Referred to Committee on Judiciary
Reappointment, South Carolina State Agency of Vocational Rehabilitation, with term to commence March 15, 1995, and to expire March 15, 2002:
6th Congressional District:
Alease G. Samuels, P.O. Box 501, Walterboro, S.C. 29488 VICE Deanne C. Jolly (resigned)
Referred to Committee on Medical Affairs
Reappointment, South Carolina State Agency of Vocational Rehabilitation, with term to commence May 15, 2000, and to expire May 15, 2007:
4th Congressional District:
E. Roy Stone, P.O. Box 444, Greenville, S.C. 29602
Referred to Committee on Medical Affairs
Reappointment, Dillon County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
Emily H. Moses, P.O. Box 24, Lake View, S.C. 29563
Reappointment, Dillon County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
Jean L. Thompson, 2074 Joann Branch Road, Lake View, S.C. 29563
Reappointment, Aiken County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Gibson O'Neal Fallaw, Jr., 394 Farmview Road, Batesburg, S.C. 29006
Senator RYBERG introduced Dr. Stephen Grant of Aiken, S.C., Doctor of the Day.
On motion of Senator WALDREP, at 4:22 P.M., Senator PEELER was granted a leave of absence until 5:00 P.M.
Members of the Senate, we have a very special guest with us. I would like to ask Senator LEVENTIS, Senator McCONNELL, Senator BRANTON and Senator MATTHEWS if he is here to join us and Senator DRUMMOND. Up in the gallery in the center we have one of my dear friends whom I have known for a number of years. He is the owner of an investment firm in Dorchester County. He is also a retired major with the Air Force; he's a fighter pilot. That's why we've asked Senator DRUMMOND and Senator LEVENTIS to be here with us. He's performed two hundred and ten combat missions in Vietnam, he is the past president of the Dorchester County GOP, he is the past president of the Summerville Kiwanis Club, and he is the president-elect of the Summerville Chamber of Commerce.
I would like to ask Judge Jesse Doug to rise and let the Senate welcome Dorchester County's newest Summary Court Judge.
Congratulations.
On motion of Senator BRANTON, with unanimous consent, ordered printed in the Journal.
The following were introduced:
S. 1434 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO CONGRATULATE DR. JOHN KENNETH WADDELL AND TO JOIN ALLEN UNIVERSITY IN RECOGNIZING AND HONORING ITS PRESIDENT FOR HIS LIFELONG COMMITMENT TO COMMUNITY SERVICE.
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The Senate Resolution was adopted.
S. 1435 (Word version) -- Senator Drummond: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SENATE FOR THE SERVICE OF BELOVED SENATE CHAPLAIN, THE REVEREND DR. GEORGE E. MEETZE, AND CONGRATULATING HIM BEING AWARDED THE ORDER OF THE PALMETTO.
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The question then was the adoption of the Senate Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The Senate Resolution was adopted.
S. 1436 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO JOIN THE CITIZENS OF OCONEE COUNTY AS THEY KICK OFF A THREE-YEAR-LONG TRIBUTE TO THE ONE THOUSAND FIVE HUNDRED KOREAN ERA VETERANS OF THE COUNTY WITH THE DEDICATION OF A FIFTIETH ANNIVERSARY COMMEMORATIVE FLAG CELEBRATING THEIR MANY BRAVE AND SELFLESS ROLES IN THE DEFENSE OF FREEDOM FROM JUNE 25, 1950, TO JULY 27, 1953.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1437 (Word version) -- Senators Peeler, Gregory, Hayes and Short: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO THE FAMILY AND MANY FRIENDS OF MR. EDDIE BLACK, ONE OF YORK COUNTY'S MOST BELOVED AND RESPECTED LEADERS.
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The Senate Resolution was adopted.
S. 1291 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 62-5-433, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO PROVIDE THAT FOR SETTLEMENT OF CLAIMS IN AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH THE CIRCUIT COURT; AND FOR CLAIMS NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH EITHER THE CIRCUIT COURT OR THE PROBATE COURT.
On motion of Senator MOORE, the Senate insisted upon its amendments to S. 1291 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators HAYES, MARTIN and HUTTO to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., June 20, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4751 (Word version) -- Reps. Fleming, Allison, Altman, Cooper, Davenport, Keegan, Kelley, Koon, Lanford, Martin and Riser: A BILL TO AMEND SECTION 7-13-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLITICAL ACTIVITY OF MEMBERS OF LOCAL ELECTION COMMISSIONS, SO AS TO CLARIFY THAT A PERSON MAY PARTICIPATE ONLY IN THE POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN OVER WHICH THE PERSON HAS NO JURISDICTION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 20, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that Rep. Fleming has been named in lieu of Rep. Harrison to the Conference Committee on the following Bill:
S. 250 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.
Very respectfully,
Speaker of the House
S. 320 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 50-13-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON, SO AS TO PROVIDE THAT IT IS ALSO UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN SPECIFIED PORTIONS OF LAKE WYLIE AND THE SAVANNAH RIVER SUBJECT TO THE JURISDICTION OF THE STATE OF SOUTH CAROLINA.
The House returned the Bill with amendments.
On motion of Senator PEELER, 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. 3927 (Word version) -- Reps. Sharpe and Knotts: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-96-50 RELATING TO SOLID WASTE MANAGEMENT POLICY AND GOALS, SO AS TO REVISE THE GOAL TO BE THREE AND ONE-HALF POUNDS PER DAY OF MUNICIPAL SOLID WASTE AND TO DEFINE THAT TERM; TO AMEND SECTION 44-96-60, AS AMENDED, RELATING TO THE STATE SOLID WASTE MANAGEMENT PLAN AND ANNUAL REPORT, SO AS TO REQUIRE THE SUCCESS OF MUNICIPALITIES IN ACHIEVING SOLID WASTE RECYCLING AND REDUCTION GOALS TO BE INCLUDED IN THE ANNUAL REPORT AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH PROCEDURES TO OBTAIN RECYCLING DATA; TO AMEND SECTION 44-96-80 RELATING TO COUNTY AND REGIONAL SOLID WASTE PLANS AND GOVERNMENTAL RESPONSIBILITIES, SO AS TO DELETE THE PROVISION AUTHORIZING A TEN DOLLAR FEE ON ALL SOLID WASTE GENERATED OUT OF STATE AND DISPOSED OF IN STATE; TO AMEND SECTION 44-96-110 RELATING TO THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING, SO AS TO REVISE THE DUTIES AND RESPONSIBILITIES OF THE OFFICE, INCLUDING REVISIONS TO THE SCHOOL DISTRICT RECYCLING PROJECTS; TO AMEND SECTION 44-96-120, AS AMENDED, RELATING TO THE SOLID WASTE MANAGEMENT TRUST FUND SO AS TO INCLUDE GRANTS TO PUBLIC AND PRIVATE SCHOOLS, COLLEGES, AND UNIVERSITIES FOR WASTE REDUCTION AND RECYCLING EDUCATION PROGRAM; AS PROGRAMS TO BE FUNDED BY THE TRUST FUND AND TO CHANGE THE NAME OF THE WASTE TIRE GRANT TRUST FUND AS THE WASTE TIRE TRUST FUND; TO AMEND SECTION 44-96-130 RELATING TO THE SOLID WASTE MANAGEMENT GRANT PROGRAM SO AS TO SPECIFY THE USE OF CERTAIN GRANT FUNDS AND TO REQUIRE THAT GRANTS BE MADE AVAILABLE TO LOCAL GOVERNMENTS IN NEED OF ASSISTANCE IN CARRYING OUT THEIR RESPONSIBILITIES UNDER THE SOLID WASTE POLICY AND MANAGEMENT ACT; TO AMEND SECTION 44-96-140, AS AMENDED, RELATING TO STATE GOVERNMENT RECYCLING PROGRAMS, SO AS TO REQUIRE STATE AGENCIES AND STATE INSTITUTIONS OF HIGHER LEARNING TO SUBMIT AN ANNUAL REPORT ON ITS SOURCE SEPARATION AND RECYCLING PROGRAM; TO AMEND SECTION 44-96-150 RELATING TO DISPOSAL OF PACKAGING AND PLASTICS, SO AS TO AUTHORIZE A MANUFACTURER OR DISTRIBUTOR OF PLASTIC RESIN CONTAINERS TO ADOPT A LABELING CODE THAT WILL ASSIST IN SEGREGATION AND COLLECTION OF THAT RESIN FOR RECYCLING; TO AMEND SECTION 44-96-160, AS AMENDED, RELATING TO DISPOSAL OF USED OIL, SO AS TO ALSO PROHIBIT DISPOSING OF USED OIL FILTERS IN LANDFILLS UNLESS THE FILTER HAS BEEN REDUCED IN VOLUME, TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO DISPOSAL OF WASTE TIRES, SO AS TO REVISE TIPPING FEES ON WASTE TIRES, TO REVISE WHERE WASTE TIRES MAY BE DISPOSED OF, TO ESTABLISH STATE POLICY FOR MANAGEMENT OF WASTE TIRES, TO REVISE PROCEDURES FOR OBTAINING REFUNDS FOR DELIVERY OF WASTE TIRES TO PERMITTED OR APPROVED FACILITIES; TO REVISE THE PURPOSES FOR WASTE TIRE GRANTS, AND TO AUTHORIZE THE DEPARTMENT TO REQUIRE CERTAIN TIRE HAULERS, PROCESSORS, AND FACILITIES TO COMPLY WITH RECORDKEEPING AND REPORTING REQUIREMENTS; TO AMEND SECTION 44-96-180, AS AMENDED, RELATING TO DISPOSAL OF LEAD-ACID BATTERIES, SO AS TO REQUIRE PERSONS SELLING THESE BATTERIES TO POST NOTICE CONCERNING DISPOSAL REQUIREMENTS IN A PLACE VISIBLE TO CUSTOMERS; TO AMEND SECTION 44-96-290, AS AMENDED, RELATING TO PERMITTING A SOLID WASTE MANAGEMENT FACILITY, SO AS TO DELETE PROVISIONS RELATING TO PERMITTING A NEW OR AN EXPANSION OF AN EXISTING SOLID WASTE MANAGEMENT FACILITY AND TO REQUIRE PUBLIC NOTICE WHEN A PERMIT IS SOUGHT FOR A NEW OR EXPANSION OF AN EXISTING MUNICIPAL SOLID WASTE LANDFILL; TO AMEND SECTION 44-96-350 RELATING TO MINIMUM REQUIREMENTS FOR THE MANAGEMENT OF MUNICIPAL SOLID WASTE INCINERATOR ASH, SO AS TO REVISE THE REQUIREMENTS FOR THE DISPOSAL OF THIS ASH IN A SOLID WASTE LANDFILL; TO AMEND SECTION 44-96-470 RELATING TO FACILITY ISSUES NEGOTIATION PROCESS, SO AS TO DEFINE THE TERM "AFFECTED COUNTY" AND TO REVISE THE APPLICATION PROCEDURES FOR SOLID WASTE DISPOSAL FACILITY PERMITS; AND TO REPEAL SECTION 44-96-230 RELATING TO THE STATE RECYCLING SYMBOL.
The House returned the Bill with amendments.
On motion of Senator THOMAS, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 5096 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FAIR HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2512, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator MOORE asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
At 12:55 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 3:00 P.M.
The Senate reassembled at 3:30 P.M., and was called to order by the ACTING PRESIDENT, Senator HUTTO.
The following was introduced:
H. 5175 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MRS. MARY SHELTON WASHINGTON OF RICHLAND COUNTY ON THE OCCASION OF SECOND CALVARY BAPTIST CHURCH RECOGNIZING HER FOR HER MORE THAN FIFTY YEARS OF SERVICE AS A MEMBER OF THE WILLING HELPERS CLUB.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4864 (Word version) -- Reps. Witherspoon and Barfield: A BILL TO AMEND SECTION 50-5-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHAD BY HOOK AND LINE AND TO SET LIMITS ON THE NUMBER OF SHAD TAKEN, SO AS TO MAKE THE SECTION APPLICABLE TO TAKING SHAD BY CAST NET AND TO REDUCE THE AGGREGATE NUMBER OF SHAD TAKEN FROM TWENTY TO TEN IN ANY ONE DAY.
Senator GROOMS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
Fish, Game, & Forestry Committee proposed the following amendment (4864R001.HSP), which was adopted:
Amend the bill, as and if amended, page 1, line 39, by striking SECTION 2 and inserting the following:
/ SECTION 2. This act takes effect July 2, 2000. /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
Senator GROOMS proposed the following amendment (4864R002.LKG), which was adopted:
Amend the bill, as and if amended, page 1, line 30, by deleting the following:
/ by cast net or /
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator PEELER, with unanimous consent, H. 4864 was ordered to receive a third reading on Wednesday, June 21, 2000.
S. 1012 (Word version) -- Senators J. Verne Smith, Fair and Anderson: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO INCREASE FROM TWENTY-FIVE HUNDRED TO TEN THOUSAND THE MAXIMUM NUMBER OF SIGNATURES REQUIRED TO INITIATE THE REFERENDUM, TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED AT THE NEXT GENERAL ELECTION.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Report of the Committee of Free 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 Free Conference to S. 1012 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 1012 (Word version) -- Senators J. Verne Smith, Fair and Anderson: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO INCREASE FROM TWENTY-FIVE HUNDRED TO TEN THOUSAND THE MAXIMUM NUMBER OF SIGNATURES REQUIRED TO INITIATE THE REFERENDUM, TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED AT THE NEXT GENERAL ELECTION.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's 6/1/00--S.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 61-6-2010 of the 1976 Code is amended to read:
"Section 61-6-2010. (A) In addition to the provisions of Section 61-6-2000, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department must also offer the option of an annual fifty-two week temporary permit for a non-refundable fee of three thousand dollars per year. However, the optional fifty-two week permit must not extend beyond the expiration date of the biennial license issued pursuant to this chapter. If the expiration date is less than fifty-two weeks from the date of the application for the optional fifty-two week permit, the department must prorate the three thousand dollar fee on a monthly basis. The department in its sole discretion shall specify the terms and conditions of the permit.
(B)(1) The filing and permit fees must be distributed to the municipality or county in which the retailer who paid the fee is located. The revenue may be used only by the municipality or county for the following purposes:
(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;
(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);
(c) festivals which have a demonstrable and significant impact on tourism;
(d) local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;
(e) contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22 of Title 51;
(f) contributions to a redevelopment authority pursuant to Section 31-12-10, et seq.
(g) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle paths; land protecting existing and future; public water supply, well fields, highway buffering and aquifer recharge areas; and land for wildlife preserves; and land for future public recreational facilities;
(h) nourishment, renourishment (resanding), and maintenance of beaches;
(i) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;
(j) maintenance of public beach access;
(k) capital improvements to the beaches and beach-related facilities, such as public parking areas for beach access; dune walkovers and rest room facilities, with or without changing rooms, at public beach parks; and
(l) construction and maintenance of drainage systems.
(2) The revenue may not be used for operating expenses of tourism-related buildings.
(C)(1) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five seven thousand five hundred qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. The question on the ballot shall read substantially as follows:
'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'
(2) A referendum for this purpose may not be held more often than once in forty-eight months.
(3) The expenses of any such referendum must be paid by the county or municipality conducting the referendum."
SECTION 2. If any section, subsection, or subitem of this act is held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act.
SECTION 3. This act takes effect upon approval by the Governor. /
Amend title to conform
/s/Sen. J. Verne Smith /s/Rep. John L. Scott, Jr. /s/Sen. Robert W. Hayes, Jr. /s/Rep. Michael E. Easterday Sen. Michael L. Fair /s/Rep. Fletcher Nathaniel Smith, Jr. On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 20, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and has appointed Reps. Easterday, F. Smith and Scott to the Committee of Free Conference on the part of the House on:
S. 1012 (Word version)
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 20, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on the following Bill:
S. 1012 (Word version)
Very respectfully,
Speaker of the House
Columbia, S.C., June 20, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by the House and the Report of the Committee of Free Conference having been adopted by the Senate, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
S. 1012 (Word version)
Very respectfully,
Speaker of the House
Received as information.
At 3:37 P.M., on motion of Senator HOLLAND, the Senate receded from business until 4:15 P.M.
At 4:27 P.M., the Senate resumed.
At 4:27 P.M., the PRESIDENT assumed the Chair.
H. 4003 (Word version) -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson: A BILL TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, THE ATTORNEY GENERAL AND OTHER LAW ENFORCEMENT AGENCIES; TO AUTHORIZE THE TRANSMISSION OF RECORDS OF ADJUDICATION AND PENDING CRIMINAL CASES TO A SCHOOL OFFICIAL IF THE JUVENILE IS OR MAY BE A STUDENT AT THE SCHOOL; TO AUTHORIZE FINGERPRINTING OF A JUVENILE CHARGED WITH AN OFFENSE OTHER THAN A STATUS OFFENSE; AND TO AUTHORIZE SHARING OF CERTAIN INFORMATION BETWEEN THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, AND LAW ENFORCEMENT AGENCIES AND VARIOUS HUMAN SERVICES AGENCIES.
On motion of Senator BRYAN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator BRYAN spoke on the Report.
On motion of Senator BRYAN, the Report of the Committee of Conference to H. 4003 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4003 (Word version) -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson: A BILL TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, THE ATTORNEY GENERAL AND OTHER LAW ENFORCEMENT AGENCIES; TO AUTHORIZE THE TRANSMISSION OF RECORDS OF ADJUDICATION AND PENDING CRIMINAL CASES TO A SCHOOL OFFICIAL IF THE JUVENILE IS OR MAY BE A STUDENT AT THE SCHOOL; TO AUTHORIZE FINGERPRINTING OF A JUVENILE CHARGED WITH AN OFFENSE OTHER THAN A STATUS OFFENSE; AND TO AUTHORIZE SHARING OF CERTAIN INFORMATION BETWEEN THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, AND LAW ENFORCEMENT AGENCIES AND VARIOUS HUMAN SERVICES AGENCIES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 5/31/00--H.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 20-7-6605 of the 1976 Code is amended to read:
"Section 20-7-6605. When used in this article and unless otherwise defined or the specific context indicates otherwise:
(1) 'Child' means a person less than seventeen years of age. 'Child' does not mean a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more. However, a person sixteen years of age who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more may be remanded to the family court for disposition of the charge at the discretion of the solicitor. An additional or accompanying charge associated with the charges contained in this item must be heard by the court with jurisdiction over the offenses contained in this item.
(2) 'Court' means the family court.
(3) 'Department' means the Department of Juvenile Justice.
(4) 'Guardian' means a person who legally has the care and management of a child.
(5) 'Judge' means the judge of the family court.
(6) 'Parent' means biological parent, adoptive parents, step-parent, or person with legal custody.
(7) 'Parole board' means the Board of Juvenile Parole under the Department of Juvenile Justice.
(8) 'Status offense' means an offense which would not be a misdemeanor or felony if committed by an adult including, but not limited to, incorrigibility or beyond the control of parents, truancy, running away, playing or loitering in a billiard room, playing a pinball machine, or gaining admission to a theater by false identification.
(9) 'Criminal justice purpose' means:
(a) the performance of any activity directly involving the detection, apprehension, capture from escape or elopement, detention, pretrial release, post-trial release, prosecution, adjudication, supervision, or rehabilitation of accused or adjudicated persons or criminal offenders; or
(b) the collection, storage, and dissemination of child offense history records."
SECTION 2. Section 20-7-7205(C) of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"(C) When a child is taken into custody charged by a law enforcement officer for an offense which would be a misdemeanor or felony if committed by an adult, not including a traffic or wildlife violation over which courts other than the family court have concurrent jurisdiction as provided in Section 20-7-410, the law enforcement officer also shall notify the principal of the school in which the child is enrolled, if any, of the nature of the offense. This information may be used by the principal for monitoring and supervisory purposes but otherwise must be kept confidential by the principal in the same manner required by Section 20-7-8510(E)."
SECTION 3. Section 20-7-8505 of the 1976 Code is amended to read:
"Section 20-7-8505. Records and information of the department pertaining to juveniles shall be confidential as provided in Section 20-7-8510; provided, however, that where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit such information and records to another department or agency of state or local government, a school district, or a private institution or facility licensed by the State as a child-serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. Records and information provided to a public or private school by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole, and Pardon Services must include in the case of an individual who has been adjudicated for having committed a violent crime as defined in Section 16-1-60, for a crime in which a weapon as defined in Section 59-63-370 was used, for assault and battery against school personnel, as defined in Section 16-3-612, assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, notice as set forth in Section 59-63-370. The person's juvenile criminal record must be provided by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole, and Pardon Services to the principal of any school to which the person is seeking enrollment, upon the principal's request. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as deemed necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age. The court shall make and keep records of all cases brought before it. The records of the court are confidential and open to inspection only by court order to persons having a legitimate interest in the records and to the extent necessary to respond to that legitimate interest. These records must always be available to the legal counsel of the child and are open to inspection without a court order where the records are necessary to defend against an action initiated by a child."
SECTION 4. Section 20-7-8510 of the 1976 Code is amended to read:
"Section 20-7-8510. (A) The court shall make and keep records of all cases brought before it and shall devise and cause to be printed forms for social and legal records and other papers as may be required. The official juvenile records of the courts and the Department of Juvenile Justice are open to inspection only by consent of the judge to persons having a legitimate interest but always must be available to the legal counsel of the juvenile. Except as provided in subsection (B) herein, all information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Juvenile Justice department are confidential and must not be disclosed directly or indirectly to anyone, other than the judge, the child's attorney, or others entitled under this article or any other article to receive this information, unless otherwise ordered by the judge court. The court may order the records be disclosed to a person having a legitimate interest and to the extent necessary to respond to that legitimate interest. However, these records are open to inspection without the consent of the judge a court order where the records are necessary to defend against an action initiated by a juvenile child.
(B) The Department of Juvenile Justice, if requested, shall provide the victim of a crime with the name and other basic descriptive information about the juvenile charged with the crime and with information about the juvenile justice system, the status and disposition of the delinquency action including hearing dates, times, and locations, and services available to victims of juvenile crime. The name, identity, or picture of a child under the jurisdiction of the court, pursuant to this chapter, must not be provided to or made public by a newspaper or radio or television station except as authorized by order of the court or unless the juvenile has been bound over to a court which would have trial jurisdiction of the offense if committed by an adult or the juvenile has been adjudicated delinquent in family court for:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which a deadly weapon was used; or
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44.
The director of the department must develop policies providing for the transmission of necessary and appropriate information to ensure the provision and coordination of services or assistance to a child under the custody or supervision of the department. This information must include that which is required for the admission or enrollment of a child into a program of services, treatment, training, or education. The information may be provided to another department or agency of state or local government, a school district, or a private institution or facility licensed by the State as a child-serving organization. This information may be summarized in accordance with agency policy.
(C) A juvenile charged with committing an offense must be fingerprinted by the law enforcement agency who takes the juvenile into custody if the juvenile is charged with:
(1) a violent crime as defined in Section 16-1-60;
(2) rand larceny of a motor vehicle;
(3) crime in which a weapon was used; or
(4) istribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44.
In addition, a juvenile under criminal investigation may be fingerprinted by a law enforcement agency upon an order from a family court judge for the offenses enumerated above.
A juvenile under criminal investigation or charged with committing an offense other than those enumerated above in this subsection or a status offense may not be fingerprinted by law enforcement except upon order of a family court judge. The fingerprint records of a juvenile must be kept separate from the fingerprint records of adults. The fingerprint records of a juvenile must be transmitted to the files of the State Law Enforcement Division. The fingerprint records of a juvenile must not be transmitted to the files of the Federal Bureau of Investigation or otherwise distributed or provided to another law enforcement agency unless the juvenile is adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60, for grand larceny of a motor vehicle, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44. The fingerprint records of a juvenile who is not adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60 for grand larceny of a motor vehicle, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, upon notification to law enforcement, must be destroyed or otherwise expunged by the South Carolina Law Enforcement Division and the law enforcement agency who took the juvenile into custody.
The fingerprints and any record created by the South Carolina Law Enforcement Division as a result of the receipt of fingerprints of a juvenile pursuant to this subsection must not be disclosed for any purpose not specifically authorized by law or by a court order. The fingerprints of a juvenile adjudicated as delinquent for the commission of any of these crimes and any record created as a result of such information must be made available for criminal justice purposes. For the purposes of this section, "criminal justice purposes" means the performance of any activity directly involving the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused or convicted persons or criminal offenders, or the collection, storage, and dissemination of criminal history record information.
The Department of Juvenile Justice may fingerprint and photograph a juvenile upon the filing of a petition, release from detention, release on house arrest, or commitment to a juvenile correctional institution. Fingerprints and photographs taken by the department remain confidential and must not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of aiding the department in apprehending an escapee from the department, assisting the Missing Persons Information Center in the location or identification of a missing or runaway child, in locating and identifying a child who fails to appear in court as summoned or who is the subject of a house arrest order, or except as otherwise provided in this section.
The director is authorized to enter into interagency agreements for purposes of sharing information about children under the supervision or in the custody of the department. The agencies entering into these agreements must maintain the confidentiality of the information.
(D) Law enforcement agencies shall maintain admission and release records on juveniles held in either secure or nonsecure custody, or both, which must include the times and dates of admission and release from secure and nonsecure custody and, if appropriate, the times and dates of transfer from one custody status to another.
Reports and recommendations produced by the department for the court for the purpose of a dispositional hearing must be disseminated by the agency to the court, the solicitor, and the child's attorney.
(E) Peace officers' records of children must be kept separate from records of adults, must not be open to public inspection, and may be open to inspection only by governmental agencies authorized by the judge.
(1) The department must notify the principal of a school in which a child is enrolled, intends to be enrolled, or was last enrolled upon final disposition of a case in which the child is charged with any of the following offenses:
(a) a violent crime, as defined in Section 16-1-60;
(b) a crime in which a weapon, as defined in Section 59-63-370, was used;
(c) assault and battery against school personnel, as defined in Section 16-3-612;
(d) assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity; or
(e) distribution or trafficking in unlawful drugs, as defined in Article 3, Chapter 53 of Title 44.
(2) Each school district is responsible for developing a policy for schools within the district to follow to ensure that the confidential nature of a child offense history and other information received is maintained. This policy must provide for, but is not limited to:
(a) the retention of the child offense history and other information relating to the child offense history in the child's school disciplinary file or in some other confidential location;
(b) the destruction of the child offense history upon the child's completion of secondary school or upon reaching twenty-one years of age; and
(c) limiting access to the child's school disciplinary file to school personnel. This access must only occur when necessary and appropriate to meet and adequately address the educational needs of the child.
(F) The provisions of this section do not prohibit the distribution of information pursuant to the provisions of Article 7, Chapter 3 of Title 23. When requested, the department must provide the victim of a crime with the name of the child and the following information retained by the department concerning the child charged with the crime:
(1) other basic descriptive information, including but not limited to, a photograph;
(2) information about the juvenile justice system;
(3) the status and disposition of the delinquency action including hearing dates, times, and locations;
(4) services available to victims of child crime; and
(5) recommendations produced by the department for the court for the purpose of a dispositional hearing.
(G) The department or the South Carolina Law Enforcement Division, or both, must provide to the Attorney General, a solicitor, or a law enforcement agency, upon request, a copy of a child offense history for criminal justice purposes. This information must not be disseminated except as authorized in Section 20-7-8515. The department and the South Carolina Law Enforcement Division must maintain the child offense history of a person for the same period as for offenses committed by an adult.
(H) Other information retained by the department may be provided to the Attorney General, a solicitor, or a law enforcement agency pursuant to an ongoing criminal investigation or prosecution.
(I) The department may fingerprint and photograph a child upon the filing of a petition, release from detention, release on house arrest, or commitment to a juvenile correctional institution. Fingerprints and photographs taken by the department remain confidential and must not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of:
(1) aiding the department in apprehending an escapee from the department;
(2) assisting the Missing Persons Information Center in the location or identification of a missing or runaway child;
(3) locating and identifying a child who fails to appear in court as summoned;
(4) locating a child who is the subject of a house arrest order; or
(5) as otherwise provided in this section.
(J) Nothing in this section shall be construed to waive any statutory or common law privileges attached to the department's internal reports or to information contained in the file of a child under the supervision or custody of the department."
SECTION 5. Section 20-7-8515 of the 1976 Code is amended to read:
"Section 20-7-8515. Notwithstanding the right of a person to petition the family court pursuant to Section 20-7-8510 for the release of a person's record of juvenile adjudications, upon the request of the Attorney General, a circuit solicitor, or a law enforcement officer which is made pursuant to a current criminal investigation or prosecution, the South Carolina Law Enforcement Division or the Department of Juvenile Justice, or both if requested, shall provide the requesting party with a copy of the juvenile criminal record of a person adjudicated as a juvenile for the commission of a crime. This information shall not be disseminated except as authorized in Section 20-7-8510. The juvenile record of a person must be maintained by the South Carolina Law Enforcement Division and the Department of Juvenile Justice for the same period as for offenses committed by an adult.
(A) Except as provided herein, law enforcement records and information identifying children pursuant to this article are confidential and may not be disclosed directly or indirectly to anyone, other than those entitled under this article to receive the information.
(B) Law enforcement records of children must be kept separate from records of adults. Information identifying a child must not be open to public inspection, but the remainder of these records are public records.
(C) Law enforcement agencies must maintain admission and release records on children held in secure custody, nonsecure custody, or both. The records must include the times and dates of admission and release from secure and nonsecure custody and, if appropriate, the times and dates of transfer from one custody status to another.
(D) Law enforcement information or records of children created pursuant to the provisions of this article may be shared among law enforcement agencies, solicitors' offices, the Attorney General, the department, the Department of Mental Health, the Department of Corrections, and the Department of Probation, Parole and Pardon, and Parole Services for criminal justice purposes without a court order.
(E) Incident reports in which a child is the subject are to be provided to the victim of a crime pursuant to Section 16-3-1520. Incident reports, including information identifying a child, must be provided by law enforcement to the principal of the school in which the child is enrolled when the child has been charged with any of the following offenses:
(1) a violent crime, as defined in Section 16-1-60;
(2) an offense that would carry a maximum term of imprisonment of fifteen years or more if committed by an adult;
(3) a crime in which a weapon, as defined in Section 59-63-370, was used;
(4) assault and battery against school personnel, as defined in Section 16-3-612;
(5) assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity; or
(6) distribution or trafficking in unlawful drugs, as defined in Article 3, Chapter 53 of Title 44.
Incident reports involving other offenses must be provided upon request of the principal. This information must be maintained by the principal in the manner set forth in Section 20-7-8510(E) and must be forwarded with the child's permanent school records if the child transfers to another school or school district.
(F) A child charged with any offense may be photographed by the law enforcement agency that takes the child into custody. If the child is taken into secure custody and detained, the detention facility must photograph the child upon admission. These photographs may only be disseminated for criminal justice purposes or to assist the Missing Persons Information Center in the location or identification of a missing or runaway child.
(G) A child charged with an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult must be fingerprinted by the law enforcement agency that takes the child into custody. If the child is taken into secure custody and detained, the detention facility must fingerprint the child upon admission. In addition, a law enforcement agency may petition the court for an order to fingerprint a child when:
(1) the child is charged with any other offense; or
(2) the law enforcement agency has probable cause to suspect the child of committing any offense.
(H) The fingerprint records of a child must be kept separate from the fingerprint records of adults. The fingerprint records of a child must be transmitted to the files of the State Law Enforcement Division.
(I) The fingerprint records of a child may be transmitted by the State Law Enforcement Division to the files of the Federal Bureau of Investigation only when the child has been adjudicated delinquent for having committed an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult.
(J) The fingerprint records of a child adjudicated delinquent for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult must be provided by the State Law Enforcement Division or the law enforcement agency who took the child into custody to a law enforcement agency upon request by that agency for criminal justice purposes or to assist the Missing Person Information Center in the location or identification of a missing or runaway child.
(K) The fingerprints and any record created by the South Carolina Law Enforcement Division as a result of the receipt of fingerprints of a child pursuant to this section must not be disclosed for any purpose not specifically authorized by law or court order.
(L) Upon notification that a child has not been adjudicated delinquent for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult, the South Carolina Law Enforcement Division and the law enforcement agency who took the child into custody must destroy the fingerprints and all records created as a result of such information."
SECTION 6. Section 20-7-8520 of the 1976 Code is amended to read:
"Section 20-7-8520. (A) A juvenile not previously adjudicated delinquent for committing an offense which would have been a crime if committed by an adult, who has been taken into custody, charged with or adjudicated delinquent for having committed a status offense or a nonviolent criminal offense may petition the family court for an order destroying all official records relating to being taken into custody, the charges filed against the juvenile, the adjudication, and disposition. The granting of the order is discretionary with the court. However, the court may not grant the order unless it finds that the person who is seeking to have the records destroyed is at least eighteen years of age, has fully and successfully completed any dispositional sentence imposed, and has neither been charged nor is currently charged with committing any additional criminal offenses. The name, identity, or picture of a child under the jurisdiction of the court, pursuant to this chapter, must not be provided to a newspaper or radio or television station unless:
(1) authorized by court order;
(2) the solicitor has petitioned the court to waive the child to circuit court;
(3) the child has been bound over to a court which would have jurisdiction of the offense if committed by an adult; or
(4) the child has been adjudicated delinquent in court for one of the following offenses:
(a) a violent crime, as defined in Section 16-1-60;
(b) grand larceny of a motor vehicle;
(c) a crime in which a weapon, as defined in Section 59-63-370, was used; or
(d) distribution or trafficking in unlawful drugs, as defined in Article 3, Chapter 53 of Title 44.
(B) Under no circumstances is a person allowed to expunge from the record an adjudication for having committed a violent crime, as that term is defined in Section 16-1-60. When a child is bound over to the jurisdiction of the circuit court, the provisions of this section pertaining to the confidentiality of fingerprints and identity do not apply.
(C) If the order is granted by the court, no evidence of the records may be retained by any law enforcement agency or by any municipal, county, or state agency or department. The effect of the order is to restore the person in the contemplation of the law to the status the person occupied before being taken into custody. No person to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving false statement by reason of failing to recite or acknowledge the charge or adjudication in response to an inquiry made of the person for any purpose. The provisions of this section do not prohibit the distribution of information pursuant to the provisions of Article 7, Chapter 3 of Title 23.
(D) For purposes of this section, an adjudication is considered a previous adjudication only if it occurred prior to the date the subsequent offense was committed."
SECTION 7. Chapter 7 of Title 20 is amended by adding:
"Section 20-7-8525. (A) A person who has been taken into custody for, charged with, or adjudicated delinquent for having committed a status or a nonviolent offense may petition the court for an order destroying all official records relating to:
(1) being taken into custody;
(2) the charges filed against the child;
(3) the adjudication; and
(4) disposition.
The granting of the order is in the court's discretion. However, a person may not petition the court if he has a prior adjudication for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult. In addition, the court must not grant the order unless it finds that the person who is seeking to have the records destroyed is at least eighteen years of age, has successfully completed any dispositional sentence imposed, and has not been subsequently charged with any criminal offense.
(B) An adjudication for a violent crime, as defined in Section 16-1-60, must not be expunged.
(C) If the expungement order is granted by the court, no evidence of the records may be retained by any law enforcement agency or by any municipal, county, state agency, or department. The effect of the order is to restore the person in the contemplation of the law to the status the person occupied before being taken into custody. No person to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving false statement by reason of failing to recite or acknowledge the charge or adjudication in response to an inquiry made of the person for any purpose.
(D) For purposes of this section, an adjudication is considered a previous adjudication only if it occurred prior to the date the subsequent offense was committed."
SECTION 8. Chapter 9, Title 24 of the 1976 Code is amended by adding:
"Section 24-9-50. (A) Each local governmental entity responsible for a municipal, county, regional, or multijurisdictional detention facility shall report to the Department of Corrections, at the times and in the form required by the department, data and information prescribed by the department:
(1) for the classification and management of inmates who receive sentences greater than three months; and
(2) on the classification and management of inmates who are in pretrial status and inmates who receive sentences to be served locally.
(B) Data and information authorized in the Minimum Standards for Local Detention Facilities in South Carolina for the operation and management of a statewide jail information system shall be reported to the department by each local governmental entity.
(C) To the greatest extent possible, reports should be submitted through a means of electronic data transfer approved by the department. If it is not possible for a local governmental entity to submit reports through the approved means of electronic data transfer, it shall certify such to the department. The department and the respective local governmental entity shall determine a suitable alternative means for submission of reports until such time as the local governmental entity is able to electronically transfer data in the manner approved by the department."
SECTION 9. This act takes effect upon approval by the Governor.
Amend title to conform.
/s/Sen. James E. Bryan, Jr. /s/Rep. Douglas Jennings, Jr. /s/Sen. Robert L. Waldrep, Jr. /s/Rep. John "Jake" Knotts, Jr. /s/Sen. C. Bradley Hutto /s/Rep. Chuck Allen On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 20, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 4003 (Word version)
Very respectfully,
Speaker of the House
Received as information.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
H. 4426 (Word version) -- Reps. Davenport, Loftis, Leach, Hamilton, Robinson and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE THE GOVERNING BOARDS OF CERTAIN LIBRARIES INCLUDING PUBLIC SCHOOL OR HIGHER EDUCATION INSTITUTION LIBRARIES THAT HAVE COMPUTERS WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS, OR BOTH, TO DEVELOP USE POLICIES THEREFOR INTENDED TO REDUCE THE ABILITY OF THE USER TO ACCESS WEB SITES DISPLAYING PORNOGRAPHY, AND TO PERMIT CRIMINAL PROSECUTION UNDER APPLICABLE LAWS OR LOCAL ORDINANCES OF PERSONS KNOWINGLY DOWNLOADING PORNOGRAPHY FROM COMPUTERS IN THESE LIBRARIES; AND TO ADD SECTION 10-1-206 SO AS TO ESTABLISH A PILOT PROGRAM TO INSTALL AND ASSESS THE FEASIBILITY OF INSTALLING INTERNET FILTERING SOFTWARE IN THESE LIBRARIES AND INSTITUTIONS TO ELIMINATE OR REDUCE THE ABILITY OF THEIR COMPUTERS TO ACCESS WEB SITES DISPLAYING PORNOGRAPHY, AND TO PROVIDE FOR THE MANNER IN WHICH THIS PILOT PROGRAM SHALL BE OPERATED.
On motion of Senator BRYAN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator BRYAN spoke on the Report.
On motion of Senator BRYAN, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT Pro Tempore appointed Senators BRYAN, MESCHER and SHORT to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator BRYAN, the Report of the Committee of Free Conference to H. 4426 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4426 (Word version) -- Reps. Davenport, Loftis, Leach, Hamilton, Robinson and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE THE GOVERNING BOARDS OF CERTAIN LIBRARIES INCLUDING PUBLIC SCHOOL OR HIGHER EDUCATION INSTITUTION LIBRARIES THAT HAVE COMPUTERS WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS, OR BOTH, TO DEVELOP USE POLICIES THEREFOR INTENDED TO REDUCE THE ABILITY OF THE USER TO ACCESS WEB SITES DISPLAYING PORNOGRAPHY, AND TO PERMIT CRIMINAL PROSECUTION UNDER APPLICABLE LAWS OR LOCAL ORDINANCES OF PERSONS KNOWINGLY DOWNLOADING PORNOGRAPHY FROM COMPUTERS IN THESE LIBRARIES; AND TO ADD SECTION 10-1-206 SO AS TO ESTABLISH A PILOT PROGRAM TO INSTALL AND ASSESS THE FEASIBILITY OF INSTALLING INTERNET FILTERING SOFTWARE IN THESE LIBRARIES AND INSTITUTIONS TO ELIMINATE OR REDUCE THE ABILITY OF THEIR COMPUTERS TO ACCESS WEB SITES DISPLAYING PORNOGRAPHY, AND TO PROVIDE FOR THE MANNER IN WHICH THIS PILOT PROGRAM SHALL BE OPERATED.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 5/26/00--S.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 10-1-205. A computer which:
(1) is located in a lending library supported by public funds, public school library or media arts center, or in the library of a public institution of higher learning as defined in Section 59-103-5;
(2) can access the Internet; and
(3) is available for use by the public or students, or both;
shall have its use policies determined by the library's or center's governing board, as appropriate. The governing board must adopt policies intended to reduce the ability of the user to access web sites displaying information or material in violation of Article 3 of Chapter 15 of Title 16."
SECTION 2. The 1976 Code is amended by adding:
"Section 10-1-206. (A)(1) A pilot program is hereby established to assess the feasibility of installing Internet filtering software in libraries or institutions as defined in Section 10-1-205, if funding is available.
(2) The Budget and Control Board shall be responsible for implementing this program and selecting appropriate filtering software. A minimum of three filtering software programs shall be tested.
(B)(1) The Budget and Control Board shall request institutions to voluntarily participate in the pilot program. Pilot areas shall be located in the upstate, midstate, and lowcountry areas of South Carolina. The board shall make every effort to ensure that one public school and one public library in each area are selected. Participating institutions must already have filtering software in place that meets the requirements of item (2) of this subsection or agree to install recommended filtering software purchased by the State.
(2) Participating institutions in the pilot area must equip Internet accessible computers with one of the software filtering devices provided by the Budget and Control Board, if not equipped, as provided by (B)(1). This software must incorporate web-filtering technology designed to eliminate or reduce the ability of the computer to access web sites displaying pornographic pictures or any other obscene material as defined by law. Selected software must be able to distinguish between pornographic and obscene web sites and medical research web sites.
(C) The Budget and Control Board shall be responsible for evaluating this program. The evaluation shall be based on the following criteria:
(1) the filtering programs' ability to limit or restrict access to sources of information or images that are considered obscene including hard-core pornography and child pornography;
(2) the filtering programs' ability to limit or restrict access to sources of pornographic information or images that could be obscene as to minors or harmful to minors; and
(3) the filtering programs' ability to successfully access and not filter legitimate research sites.
(D) Any person blocked from an Internet site he believes contains material that does not meet the criteria listed in items (1) or (2) of subsection (C) above, and desires to access such Internet site, may make a request that the institution unblock the specified site. If the institution determines that the site does not fall within the criteria listed in items (1) or (2) of subsection (C), the institution shall unblock such Internet site. An adult patron may request unfiltered access to the Internet for serious literary, artistic, political, or scientific purposes, and the institution may temporarily disable the blocking software for such purposes.
(E) The pilot program shall take effect on the effective date of this section and shall expire on June 29, 2001. By December 1, 2001, the board shall report its findings to the General Assembly.
(F) Medical schools are exempt from the pilot program."
(G)
SECTION 3. Section 15-78-60, as last amended by Act 77 of 1999, is further amended by adding a new item at the end:
"(35) the failure of a library's or media arts center's governing board to adopt policies as provided in Section 10-1-205."
SECTION 4. This act takes effect July 1, 2000. /
Amend title to conform.
/s/Sen. James E. Bryan, Jr. /s/Rep. Harry Carl Stille /s/Sen. William C. Mescher /s/Rep. James Gresham Barrett /s/Sen. Linda H. Short /s/Rep. Glenn Lewis Hamilton On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
H. 4934 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE "STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO REVISE THE DEFINITION OF "CONTINUING CARE CONTRACT" SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE ARE SUBJECT TO THE PROVISIONS OF THE ACT; AND TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM ALL PROVISIONS OF THE ACT IF PAYMENT OF AN ENTRANCE FEE IS NOT REQUIRED.
On motion of Senator McCONNELL, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator McCONNELL spoke on the Report.
On motion of Senator McCONNELL, the Report of the Committee of Conference to H. 4934 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4934 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE "STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO REVISE THE DEFINITION OF "CONTINUING CARE CONTRACT" SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE ARE SUBJECT TO THE PROVISIONS OF THE ACT; AND TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM ALL PROVISIONS OF THE ACT IF PAYMENT OF AN ENTRANCE FEE IS NOT REQUIRED.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 5/31/00.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 37-11-20(6) of the 1976 Code, as added by Act 97 of 1989, is amended to read:
"(6) 'Continuing care contract' means a contract to provide board or lodging together with nursing, medical, or other health-related services:
(a) to a person sixty-five years of age or older at the time the contract is signed or purchased; or
(b) which requires payment of an entrance fee or other fee in return for a promise of future care; or
(c) which provides for services for the life of the person or for more than one year, including mutually terminable contracts.; and
(c) which requires payment of an entrance fee or other fee in return for a promise of future care."
SECTION 2. Section 37-11-135 of the 1976 Code, as added by Act 19 of 1995, is amended to read:
"Section 37-11-135. A continuing care retirement community which does not require payment of an entrance fee is exempt from the requirements of Sections 37-11-30(B)(9), 37-11-40, and 37-11-50(2) this chapter."
SECTION 3. The 1976 Code is amended by adding:
"Section 37-17-10. (A) It is unlawful for a person to sell, market, promote, advertise, or distribute a card or other purchasing mechanism or device which is not insurance that purports to offer discounts or access to discounts from pharmacies for prescription drug purchases unless:
(1) the person is registered with the Department of Insurance for this express purpose;
(2) the card or other purchasing mechanism or device expressly states in bold and prominent type, prominently placed, that the discounts are not insurance;
(3) documentation is provided to the Department of Insurance that the discounts are specifically authorized and the person has a separate contract with each pharmacy or pharmacy chain listed in conjunction with the card or other purchasing mechanism or device; and
(4) the discounts or access to discounts offered, or the range of discounts or access to the range of discounts offered, are not misleading, deceptive, or fraudulent.
(B) A person who sells, markets, promotes, advertises, or distributes a card or other purchasing mechanism or device which is not insurance that purports to offer discounts or access to discounts from pharmacies for prescription drug purchases in this State shall designate a resident of this State as an agent for service of process and register the agent with the Secretary of State.
(C)(1) A person who violates subsection (A) is guilty of a misdemeanor and upon conviction must be imprisoned for not more than six months or fined not more than one thousand dollars, or both; for a second or subsequent violation a person must be imprisoned for not more than two years or fined not more than five thousand dollars, or both.
(D) This section does not apply to:
(1) a pharmacy holding a permit issued pursuant to Title 40, Chapter 43;
(2) eye or vision care services or glasses or contact lenses provided by an optometrist or ophthalmologist;
(3) an insured benefit administered by a health insurer, health care service contractor, or health maintenance organization; or
(4) an insured benefit administered by, or under contract with, the State of South Carolina.
(E) For purposes of this section, 'person' means an individual, corporation, partnership or any other business entity, including but not limited to, a health maintenance organization, an insurance company, or a third party payor.
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to read:
/TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE "STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO REVISE THE DEFINITION OF "CONTINUING CARE CONTRACT" SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE ARE SUBJECT TO THE PROVISIONS OF THE ACT; TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM ALL PROVISIONS OF THE ACT IF PAYMENT OF AN ENTRANCE FEE IS NOT REQUIRED; AND TO ADD SECTION 37-17-10 SO AS TO MAKE IT UNLAWFUL TO SELL, MARKET, PROMOTE, ADVERTISE, OR DISTRIBUTE A CARD OR OTHER DEVICE WHICH IS NOT INSURANCE BUT WHICH OFFERS DISCOUNTS ON PRESCRIPTION DRUG PURCHASES UNLESS CERTAIN CONDITIONS ARE MET, INCLUDING REGISTRATION WITH THE DEPARTMENT OF INSURANCE AND TO PROVIDE PENALTIES AND EXCEPTIONS./
/s/Sen.Glenn F. McConnell Rep. Mark S. Kelley /s/Sen. Glen G. Reese /s/Rep. Mack T. Hines /s/Sen. Luke A. Rankin /s/Rep. Donny Wilder On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
H. 3692 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS, BY ADDING SECTION 15-3-548 SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT AND ACTIONS FOR BATTERY MUST BE COMMENCED WITHIN FOUR YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.
Having voted on the prevailing side, Senator GREGORY moved to reconsider the vote whereby the Senate nonconcurred in the House amendments.
Senator BRYAN spoke on the motion.
Senator HUTTO objected.
Having been reported favorably from the Committee on Judiciary, on motion of Senator HOLLAND, the following appointment was confirmed in open session:
Initial Appointment, South Carolina State Ethics Commission, with term to commence May 31, 2000, and to expire May 31, 2005:
4th Congressional District:
Pete Gus Diamaduros, 444 Old Iron Works Rd., Spartanburg, S.C. 29302 VICE Raymond B. Smith
Having received a favorable report from the Dillon County Delegation, the following appointments were confirmed in open session:
Reappointment, Dillon County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
Emily H. Moses, P.O. Box 24, Lake View, S.C. 29563
Reappointment, Dillon County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
Jean L. Thompson, 2074 Joann Branch Road, Lake View, S.C. 29563
Having received a favorable report from the Aiken County Delegation, the following appointment was confirmed in open session:
Reappointment, Aiken County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Gibson O'Neal Fallaw, Jr., 394 Farmview Road, Batesburg, S.C. 29006
On motion of Senators HAYES and PEELER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Eddie Black of York, S.C.
At 4:32 P.M., on motion of Senator HOLLAND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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