South Carolina General Assembly
123rd Session, 2019-2020
Journal of the Senate

                                                    NO. 37

JOURNAL

OF THE

SENATE

OF THE

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 8, 2019

_________

TUESDAY, MARCH 12, 2019

Tuesday, March 12, 2019
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.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:

Ephesians 4:3

"Make every effort to keep yourselves unified in spirit, binding yourselves together in peace."

Let us pray. Gracious and loving God, the preparation of a state budget looms heavy on the horizon. Our Senators find themselves readying their legislative boat to maneuver the winds of public opinion as they work together for a successful voyage. Though they launch their vessel into familiar waters, their trip will not be routine. For this year, the presence of a budget surplus will create a tailwind. Though this is a blessing You have bestowed upon our State, it is indeed an unusual navigational challenge. Now more than ever, O God, we need the import of Your vision to set the priorities that will be a judicious use of this surplus for many years to come. As they trim their sails and struggle to set a new and exciting course for our State, we humbly pray for unity, fairness and vision as the Senate navigates this promising voyage. In Your holy name we pray, Amen.

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

Point of Quorum

At 2:04 P.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Bennett                   Campbell
Campsen                   Climer                    Corbin
Cromer                    Davis                     Goldfinch
Gregory                   Hembree                   Leatherman
Malloy                    Martin                    Massey
Peeler                    Rice                      Scott
Senn                      Setzler                   Shealy
Sheheen                   Talley                    Turner
Williams                  Young

A quorum being present, the Senate resumed.

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Henry Dargan McMaster:

Statewide Appointments

Reappointment, John de la Howe School Board of Trustees, with the term to commence April 1, 2019, and to expire April 1, 2024
At-Large :
Alton O. Smith, Jr., 164 Cardinal Court, Chesnee, SC 29323-9686

Referred to the Committee on Education.

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with the term to commence June 30, 2017, and to expire June 30, 2021
4th Congressional District:
Robin B. Blackwood, 222 East Park Ave., Greenville, SC 29601-1634 VICE Christopher Glenn Neeley

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Commission for Minority Affairs, with the term to commence June 30, 2019, and to expire June 30, 2023
6th Congressional District:
Juwan X. Ayers, 22 Routhland Court, Columbia, SC 29209-3084 VICE Eddie Clay Guess

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Commission for Minority Affairs, with the term to commence June 30, 2017, and to expire June 30, 2021
At-Large :
Andrea C. Sancho-Baker, 2612 Sheryl Lane, Columbia, SC 29204-2253 VICE Louis C. Chavis

Referred to the Committee on Judiciary.

Local Appointments

Initial Appointment, Allendale County Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Willard Branch, Post Office box 57, Fairfax, SC 29827-0057

Reappointment, Allendale County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Willard Branch, Post Office box 57, Fairfax, SC 29827-0057

Reappointment, Spartanburg County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
David James Turner, 106 Miller Road, Spartanburg, SC 29376-3707

Reappointment, Spartanburg County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Jason Wall, 448 Old Boiling Springs Road, Spartanburg, SC 29303-1921

Reappointment, Spartanburg County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
James Willingham, 105 Edge Road, Moore, SC 29369-9521

Reappointment, Spartanburg County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Quenton M. Wood, 354 Twin Oaks Dr., Spartanburg, SC 29306

REGULATIONS WITHDRAWN AND RESUBMITTED

Document No. 4834
Agency: Department of Natural Resources
Chapter: 123
Statutory Authority: 1976 Code Sections 50-1-60, 50-1-200, 50-1-220, 50-9-650, 50-11-10, 50-11-105, 50-11-310, 50-11-315, 50-11-320, 50-11-365, 50-11-390, 50-11-410, 50-11-430, 50-11-500, 50-11-520, 50-11-525, 50-11-530, 50-11-580, 50-11-2200, and 50-11-2210
SUBJECT: Seasons, Limits, Methods of Take and Special Use Restrictions on Wildlife Management Areas
Received by Lieutenant Governor January 8, 2019
Referred to Committee on Fish, Game and Forestry
Legislative Review Expiration May 8, 2019
Withdrawn and Resubmitted March 12, 2019

Document No. 4850
Agency: Department of Labor, Licensing and Regulation - Board of Examiners for Licensure of Professional Counselors, Marriage and Family Therapists, Addiction Counselors, and Psycho-Educational Specialists
Chapter: 36
Statutory Authority: 1976 Code Sections 40-1-70 and 40-75-60
SUBJECT: Board of Examiners for Licensure of Professional Counselors, Marriage and Family Therapists, Addiction Counselors, and Psycho-Educational Specialists
Received by Lieutenant Governor January 8, 2019
Referred to Committee on Labor, Commerce and Industry
Legislative Review Expiration May 8, 2019
Withdrawn and Resubmitted March 12, 2019

Document No. 4868
Agency: Department of Labor, Licensing and Regulation - Building Codes Council
Chapter: 8
Statutory Authority: 1976 Code Sections 6-9-40 and 40-1-70
SUBJECT: International Residential Code
Received by Lieutenant Governor January 8, 2019
Referred to Committee on Labor, Commerce and Industry
Legislative Review Expiration May 8, 2019
Withdrawn and Resubmitted March 12, 2019

Document No. 4869
Agency: Department of Labor, Licensing and Regulation - Building Codes Council
Chapter: 8
Statutory Authority: 1976 Code Sections 6-9-40 and 40-1-70
SUBJECT: International Mechanical Code
Received by Lieutenant Governor January 8, 2019
Referred to Committee on Labor, Commerce and Industry
Legislative Review Expiration May 8, 2019
Withdrawn and Resubmitted March 12, 2019

Doctor of the Day

Senator RANKIN introduced Dr. Gary Vukov of Myrtle Beach, S.C., Doctor of the Day.

Leave of Absence

At 2:06 P.M., Senator CROMER requested a leave of absence beginning at 2:30 P.M.

Leave of Absence

On motion of Senator SCOTT, at 2:07 P.M., Senator HARPOOTLIAN was granted a leave of absence for today.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 53 (Word version)     Sen. Bennett
S. 259 (Word version)     Sen. Senn
S. 332 (Word version)     Sen. Grooms
S. 492 (Word version)     Sen. Shealy
S. 508 (Word version)     Sen. Turner
S. 510 (Word version)     Sen. Turner
S. 511 (Word version)     Sen. Turner
S. 513 (Word version)     Sen. Gregory
S. 574 (Word version)     Sens. Williams and Gambrell
S. 585 (Word version)     Sen. Nicholson

CO-SPONSOR REMOVED

The following co-sponsor was removed from the respective Bill:
S. 74 (Word version)     M.B. Matthews

RECALLED AND ADOPTED

S. 615 (Word version) -- Senator Campbell: A SENATE RESOLUTION TO RECOGNIZE TUESDAY, MARCH 12, 2019, AS "4-H DAY" IN SOUTH CAROLINA.

Senator CAMPBELL asked unanimous consent to make a motion to recall the Resolution from the Committee on Agriculture and Natural Resources.

The Resolution was recalled from the Committee on Agriculture and Natural Resources.

Senator CAMPBELL asked unanimous consent to make a motion to take the Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question then was the adoption of the Resolution.

On motion of Senator CAMPBELL, the Resolution was adopted.

RECALLED AND ADOPTED

S. 616 (Word version) -- Senator Williams: A SENATE RESOLUTION TO RECOGNIZE WEDNESDAY, MARCH 20, 2019, AS "SOUTH CAROLINA PROFESSIONAL LAND SURVEYORS DAY" IN HONOR OF THE IMPORTANT SERVICES PROVIDED BY THIS GROUP OF PROFESSIONALS.

Senator ALEXANDER asked unanimous consent to make a motion to recall the Resolution from the Committee on Labor, Commerce and Industry.

The Resolution was recalled from the Committee on Labor, Commerce and Industry.

Senator ALEXANDER asked unanimous consent to make a motion to take the Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question then was the adoption of the Resolution.

On motion of Senator ALEXANDER, the Resolution was adopted.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 630 (Word version) -- Senator Peeler: A SENATE RESOLUTION TO CONGRATULATE STATE LINE BAPTIST CHURCH OF GAFFNEY ON THE OCCASION OF ITS HISTORIC TWO HUNDRED TWENTY-FIFTH ANNIVERSARY AND TO COMMEND THE CHURCH FOR TWO AND A QUARTER CENTURIES OF SERVICE TO GOD AND THE COMMUNITY.
l:\council\bills\rm\1187zw19.docx

The Senate Resolution was adopted.

S. 631 (Word version) -- Senator Massey: A SENATE RESOLUTION TO EXPRESS PROFOUND GRATITUDE TO DR. ROBERT MADDOX FOR HIS WORK AS EDGEFIELD COUNTY SCHOOL DISTRICT SUPERINTENDENT, TO COMMEND HIM FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE EDGEFIELD COMMUNITY AND THE STATE OF SOUTH CAROLINA, AND TO WISH HIM CONTINUED SUCCESS IN ALL HIS FUTURE ENDEAVORS.
l:\s-res\asm\036robe.kmm.asm.docx

The Senate Resolution was adopted.

S. 632 (Word version) -- Senator Massey: A SENATE RESOLUTION TO CONGRATULATE PLEASANT GROVE BAPTIST CHURCH UPON THE OCCASION OF ITS ONE HUNDRED FIFTIETH ANNIVERSARY, TO RECOGNIZE AND HONOR THE CHURCH FOR ITS DEEP HERITAGE IN EDGEFIELD, AND TO COMMEND ITS LEADERSHIP AND CONGREGATION FOR THEIR MANY YEARS OF SERVICE TO THE COMMUNITY.
l:\s-res\asm\034plea.kmm.asm.docx

The Senate Resolution was adopted.

S. 633 (Word version) -- Senator Scott: A SENATE RESOLUTION TO HONOR AND RECOGNIZE REV. DR. AMBASSADOR SUZAN JOHNSON COOK FOR HER SIGNIFICANT CAREER AND COUNTLESS ACCOMPLISHMENTS AS A FAITH LEADER, ENTREPRENEUR, EDUCATOR, SUCCESS STRATEGIST, INTERNATIONAL INFLUENCER, COMMUNICATIONS EXPERT, AND DIPLOMAT.
l:\s-res\js\007susa.kmm.js.docx

The Senate Resolution was adopted.

S. 634 (Word version) -- Senator Gambrell: A SENATE RESOLUTION TO RECOGNIZE AND HONOR CLEMSON OFFENSIVE LINEMAN GAGE CERVENKA FOR AN OUTSTANDING SEASON IN CLEMSON FOOTBALL AND TO WISH HIM CONTINUED SUCCESS IN THE 2019 SEASON.
l:\council\bills\gm\24137cm19.docx

The Senate Resolution was adopted.

S. 635 (Word version) -- Senator Young: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 147, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "DRIVERS FOR A CURE" SPECIAL LICENSE PLATES.
l:\s-res\try\024driv.kmm.try.docx

Read the first time and referred to the Committee on Transportation.

S. 636 (Word version) -- Senators Hutto, Rankin, Sabb, Young and Talley: A BILL TO AMEND SECTION 42-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME PERIOD MEDICAL TREATMENT AND SUPPLIES ARE FURNISHED, SO AS TO CLARIFY THAT MEDICAL TREATMENT AND SUPPLIES ARE FURNISHED FOR ANY ADDITIONAL TIME THAT THE JUDGMENT OF THE WORKERS' COMPENSATION COMMISSION ESTABLISHED, BY THE PREPONDERANCE OF EVIDENCE CONTAINED IN THE MEDICAL RECORDS OR BY THE OPINION OF A MEDICAL PROVIDER, WILL LESSEN THE PERIOD OF DISABILITY; AND TO AMEND SECTION 42-17-40, RELATING TO THE CONDUCT OF A WORKERS' COMPENSATION COMMISSION HEARING SO AS TO PROVIDE THAT MEDICAL RECORDS AND OPINIONS OF MEDICAL PROVIDERS ARE ADMISSIBLE WITHOUT REGARD TO THE RULES OF EVIDENCE.
l:\s-jud\bills\hutto\jud0033.mdb.docx

Read the first time and referred to the Committee on Judiciary.

S. 637 (Word version) -- Senator Davis: A BILL TO AMEND SECTION 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, SO AS TO REQUIRE THE RESULTS OF A TOXICOLOGY REPORT OR A DRUG OR ALCOHOL SCREENING PERFORMED ON AN EMPLOYEE OF A STATE OR LOCAL GOVERNMENTAL AGENCY AT THE REQUEST OF HIS EMPLOYER MUST BE RELEASED AS PUBLIC INFORMATION IF THE REPORT OR SCREENING WAS AS A RESULT OF OR RELATED TO AN ACCIDENT OR INCIDENT WHILE IN THE COURSE OF EMPLOYMENT.
l:\s-jud\bills\davis\jud0041.rem.docx

Read the first time and referred to the Committee on Judiciary.

S. 638 (Word version) -- Senators Gambrell and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 11, TITLE 58 SO AS TO ENACT THE "SOUTH CAROLINA SMALL WIRELESS FACILITIES DEPLOYMENT ACT"; TO MAKE LEGISLATIVE FINDINGS; TO DEFINE RELEVANT TERMS; TO PROVIDE, AMONG OTHER THINGS, THAT UNITS OF STATE OR LOCAL GOVERNMENT "AUTHORITIES" WITH CONTROL OVER RIGHTS OF WAY MAY NOT PROHIBIT, REGULATE, OR CHARGE FOR THE COLLOCATION OF CERTAIN SMALL WIRELESS FACILITIES; TO PROVIDE THAT SMALL WIRELESS FACILITIES MUST BE CLASSIFIED AS PERMITTED USES AND NOT SUBJECT TO ZONING REVIEW AND APPROVAL UNDER SPECIFIED CIRCUMSTANCES; TO PROVIDE REQUIREMENTS FOR APPLICATIONS, FEES, APPLICATION REVIEW, AND ISSUANCE OF PERMITS FOR COLLOCATION OF SMALL WIRELESS FACILITIES; TO REQUIRE AUTHORITIES TO ALLOW THE COLLOCATION OF SMALL WIRELESS FACILITIES ON AUTHORITY UTILITY POLES UNDER SPECIFIED CIRCUMSTANCES; TO PROHIBIT AUTHORITIES FROM REGULATING THE DESIGN, ENGINEERING, CONSTRUCTION, INSTALLATION, OR OPERATION OF ANY SMALL WIRELESS FACILITY IN SPECIFIED CIRCUMSTANCES; TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT HAS JURISDICTION TO RESOLVE ALL DISPUTES ARISING UNDER THE ACT; AND TO PROHIBIT AN AUTHORITY FROM REQUIRING A WIRELESS PROVIDER TO INDEMNIFY THE AUTHORITY OR ITS OFFICERS OR EMPLOYEES AND FROM NAMING THE AUTHORITY AS AN ADDITIONAL INSURED ON A WIRELESS PROVIDER'S INSURANCE POLICY.
l:\council\bills\cc\15550zw19.docx

Read the first time and referred to the Committee on Judiciary.

S. 639 (Word version) -- Senator Malloy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO AMEND SECTION 17-25-322, RELATING TO A RESTITUTION HEARING, SO AS TO REQUIRE THAT THE COURT MUST TAKE INTO CONSIDERATION THE FINANCIAL RESOURCES OF THE DEFENDANT AND ABILITY OF DEFENDANT TO PAY, TO REQUIRE IF A COURT FINDS A DEFENDANT FACES FINANCIAL HARDSHIP THAT THAT DEFENDANT MUST PAY NO LESS THAN A SPECIFIED AMOUNT, AND TO REQUIRE A HEARING IF THE DEFENDANT IS SIX MONTHS IN ARREARS; TO AMEND SECTION 24-21-280, RELATING TO DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO REQUIRE PROBATION AGENTS TO TAKE INTO CONSIDERATION AN OFFENDER'S EFFECTIVE USE OF DISCRETIONARY FUNDS, TO PROVIDE FOR SUPERVISION FOR SENTENCES OF THREE HUNDRED SIXTY-FIVE DAYS OR MORE, TO SPECIFY HOW COMPLIANCE CREDITS MAY BE AWARDED AND HOW PROGRAMS MAY BE RECOGNIZED BY REGULATION AS PROPER FOR INCENTIVES, TO INFORM THE SENTENCING REFORM OVERSIGHT COMMITTEE OF THE PROGRAMS DESIGNATED FOR COMPLIANCE CREDITS, AND TO PROVIDE THAT OFFENDER ELIGIBILITY FOR COMPLIANCE CREDITS AS PROVIDED IN THIS SECTION BE EXTENDED TO OFFENDERS WHOSE OFFENSES OCCURRED PRIOR TO JANUARY 1, 2011; TO AMEND SECTION 24-21-440, RELATING TO PERIOD OF PROBATION, SO AS TO PROVIDE THAT THE PERIOD BE DEPENDENT UPON THE OFFENSE FOR WHICH THE DEFENDANT HAS BEEN SENTENCED, THAT RESTITUTION PAYMENTS MUST NOT BE REQUIRED FOR THE FIRST THREE MONTHS OF SUPERVISION AND THAT THE PERIOD FOR SUPERVISION OF RESTITUTION PAYMENTS MUST BE DETERMINED BY A JUDGE, THAT THE SUPERVISION OF RESTITUTION PAYMENT MUST NOT EXCEED FIVE YEARS AND IS ONLY REVOCABLE AFTER THE COMPLETION OF PROBATION FOR FAILURE TO MAKE RESTITUTION PAYMENTS; TO AMEND SECTION 24-21-560, RELATING TO THE COMMUNITY SUPERVISION PROGRAM, SO AS TO CLARIFY THAT ONCE COMMUNITY SUPERVISION IS COMPLETED AN OFFENDER IS STILL SUBJECT TO THE OTHER REQUIREMENTS OF SUPERVISION; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-1191, SO AS TO EXEMPT INDIVIDUALS FROM THE ELIGIBILITY RESTRICTION ON SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM AND TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BENEFITS FOR INDIVIDUALS WITH DRUG CONVICTIONS THAT WOULD OTHERWISE BE ELIGIBLE AND TO PROVIDE FOR INELIGIBILITY IN THE EVENT AN INDIVIDUAL VIOLATES PROBATION, COMMUNITY SUPERVISION, OR PAROLE; AND TO PROVIDE THAT THE SENTENCING REFORM OVERSIGHT COMMITTEE STUDY AND MAKE A REPORT TO THE GENERAL ASSEMBLY CONCERNING THE COLLECTION OF RESTITUTION AND THE RISK AND NEEDS TOOL USED TO EVALUATE THE ENTIRE SUPERVISION POPULATION; TO ADD ARTICLE 7, TO CHAPTER 27, TITLE 24 TO PROVIDE THE CIRCUMSTANCES IN WHICH AN INMATE WHO HAS BEEN INCARCERATED AT LEAST FIFTEEN YEARS MAY PETITION THE COURT TO HAVE HIS SENTENCE MODIFIED; TO AMEND SECTION 24-13-150 RELATING TO THE EARLY RELEASE OF AN INMATE TO REDUCE THE NUMBER OF YEARS AN INMATE WHO HAS COMMITTED A "NO PAROLE OFFENSE" MUST SERVE BEFORE HE MAY BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, AND TO PROVIDE A PROCEDURE THAT ALLOWS CERTAIN INMATES TO PETITION THE COURT TO MODIFY THEIR SENTENCE; TO AMEND SECTION 24-13-210 RELATING TO CREDIT GIVEN TO AN INMATE FOR GOOD BEHAVIOR TO INCREASE THE NUMBER OF GOOD BEHAVIOR DAYS AN INMATE WHO HAS COMMITTED A "NO PAROLE OFFENSE" MAY RECEIVE; TO AMEND SECTION 24-13-230 RELATING TO CREDIT GIVEN TO AN INMATE FOR WORK AND EDUCATION CREDITS TO INCREASE THE NUMBER OF WORK AND EDUCATION CREDIT DAYS AN INMATE WHO HAS COMMITTED A "NO PAROLE OFFENSE" MAY RECEIVE; TO AMEND SECTION 24-21-110 RELATING TO ADMINISTRATIVE SANCTIONS TO ALLOW FOR CONFINEMENT PERIODS OF UP TO THIRTEEN DAYS AS A JAIL SANCTION; TO AMEND SECTION 24-21-430 RELATING TO CONDITIONS OF PROBATION TO ALLOW FOR CONFINEMENT PERIODS NOT TO EXCEED THIRTEEN DAYS AS A CONDITION OF PROBATION AND AS AN ADMINISTRATIVE SANCTION; TO AMEND SECTION 24-21-460 RELATING TO ACTIONS OF THE COURT IN CASES OF PROBATION VIOLATIONS TO LIMIT REVOCATIONS FOR TECHNICAL VIOLATIONS; TO AMEND SECTION 24-21-610 RELATING TO ELIGIBILITY FOR PAROLE TO ALLOW FOR PAROLE ELIGIBILITY TO BE COMPUTED USING AN INMATE'S ACTIVE INCARCERATIVE SENTENCE AND AMENDING REQUIREMENTS RELATED TO MEDICAL PAROLE; TO AMEND SECTION 24-21-620 RELATING TO A PAROLE BOARD'S REVIEW TO ALLOW FOR AUTOMATIC RELEASE ON PAROLE OF NON-VIOLENT INMATES WHO HAVE MET CERTAIN CONDITIONS; TO AMEND SECTION 24-21-645 RELATING TO PAROLE AND PROVISIONAL PAROLE ORDERS TO LIMIT REVOCATIONS FOR TECHNICAL VIOLATIONS; TO AMEND SECTION 24-21-660 RELATING TO THE EFFECT OF PAROLE TO LIMIT PAROLE REVOCATIONS FOR TECHNICAL VIOLATIONS; TO AMEND SECTION 24-21-680 RELATING TO VIOLATION OF PAROLE TO LIMIT PAROLE REVOCATIONS FOR TECHNICAL VIOLATIONS; TO AMEND SECTION 24-21-715 RELATING TO PAROLE FOR TERMINALLY ILL, GERIATRIC, OR PERMANENTLY DISABLED INMATES TO AMEND THE ELIGIBILITY REQUIREMENTS AND EXTEND ELIGIBILITY TO OTHER CATEGORIES OF INMATES AND LIMIT THE REASONS THE PAROLE BOARD CAN DENY THIS TYPE OF PAROLE; AND TO AMEND ARTICLE 7 OF CHAPTER 21 OF TITLE 24 RELATING TO PAROLE AND RELEASE FOR GOOD CONDUCT, SO AS TO ADD SECTION 24-21-720 TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO CREATE AN INTAKE CASE PLAN FOR ALL PAROLE ELIGIBLE INMATES; TO AMEND SECTION 1-7-400 RELATING TO CIRCUIT SOLICITORS DISABLED BY INTOXICATION, TO DELETE THE MINIMUM PENALTY; TO AMEND SECTION 1-11-26 RELATING TO THE RURAL INFRASTRUCTURE AUTHORITY, TO AMEND THE PENALTY FOR A VIOLATION FROM SIX MONTHS TO NOT MORE THAN SIX MONTHS IN PRISON; TO AMEND SECTION 2-17-50 RELATING TO FAILURE TO FILE BY A LOBBYIST, TO AMEND THE PENALTIES FOR A SECOND OFFENSE; TO AMEND SECTION 4-11-60 RELATING TO COUNTY OFFICERS KEEPING RECORDS OF MONEY, TO DELETE THE MINIMUM PENALTY FOR A VIOLATION; TO AMEND SECTION 5-21-130 RELATING TO THE UNLAWFUL USE OF A SPECIALLY LEVIED TAX, BY AMENDING THE PENALTY FOR A VIOLATION TO NOT MORE THAN SIX MONTHS IN PRISON; TO AMEND SECTION 5-21-500 RELATING TO A COUNTY OR MUNICIPAL COUNCIL MEMBER VOTING TO DIVERT FUNDS, TO DELETE THE MINIMUM PENALTY FOR A VIOLATION; TO AMEND SECTION 5-25-40 RELATING TO FAILURE TO INSTALL FIRE ALARM BOXES IN HOSPITALS AND SCHOOLS, TO DELETE THE MINIMUM PENALTY OF TEN DAYS IN PRISON FOR A VIOLATION; TO AMEND SECTION 5-31-20 RELATING TO INTERFERENCE WITH SEWERS AND WATERWORKS, TO AMEND THE PENALTY FOR A VIOLATION FROM THIRTY DAYS TO NOT MORE THAN THIRTY DAYS; TO AMEND SECTION 7-13-1910 RELATING TO THE UNLAWFUL POSSESSION OF VOTING MACHINES, TO DELETE THE MINIMUM PENALTY FOR A VIOLATION OF TEN DAYS IN JAIL; TO AMEND SECTION 7-13-1920 RELATING TO THE UNLAWFUL TAMPERING OF VOTING MACHINES, TO DELETE THE MINIMUM PENALTY FOR A VIOLATION OF NOT LESS THAN THREE MONTHS IN PRISON; TO AMEND SECTION 8-1-40 RELATING TO FAILURE OF CLERK, SHERIFF OR MAGISTRATE TO PAY OVER FINES OR PENALTIES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 8-3-60 RELATING TO PUBLIC OFFICIALS ASSUMPTION OF OFFICE BEFORE GIVING BOND, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 8-13-1510 RELATING TO ETHICS AND GOVERNMENT ACCOUNTABILITY, LATE FILING OR FAILURE TO FILE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 10-7-230 RELATING TO PUBLIC OFFICIALS FAILURE TO OBTAIN INSURANCE ON PUBLIC BUILDINGS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 10-9-260 RELATING TO INTERFERING WITH STATE, DEPARTMENT, OR LICENSEES; PHOSPHATE MINING WITHOUT LICENSE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 10-11-325 RELATING TO POSSESSING, TRANSPORTING, DETONATING EXPLOSIVE OR INCENDIARY DEVICE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 11-15-90 RELATING TO FAILURE OF POLITICAL SUBDIVISION DISBURSEMENT OFFICER TO MAKE PAYMENT OR REMIT FUNDS FOR PAYMENT OF OBLIGATIONS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 11-15-290 RELATING TO FAILURE TO MAKE INVESTMENTS FROM SINKING FUNDS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 12-21-2470 RELATING TO OPERATING A PLACE OF AMUSEMENT WITHOUT A LICENSE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 12-21-2830 RELATING TO RECORD REQUIRED OF GROSS RECEIPTS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 12-21-3080 RELATING TO INTERFERENCE WITH AMUSEMENT TAX ENFORCEMENT OR REFUSAL TO ALLOW INSPECTION, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 12-37-1130 RELATING TO PENALTIES FOR FALSE STATEMENTS TO THE DEPARTMENT OF REVENUE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 12-54-44 RELATING TO TAX OR REVENUE LAW PENALTIES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 14-9-240 RELATING TO JUDGES AND SOLICITORS PROHIBITED FROM PRACTICING LAW IN CERTAIN CAUSES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 14-25-65 RELATING TO MAXIMUM PENALTIES THAT MUNICIPAL COURT MAY IMPOSE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 15-43-70 RELATING TO VIOLATION OF INJUNCTION AND PUNISHMENT FOR CONTEMPT, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-610 RELATING TO CERTAIN OFFENSES COMMITTED WITH A CARRIED OR CONCEALED DEADLY WEAPON, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-625 RELATING TO RESISTING ARREST WITH DEADLY WEAPON, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-755 RELATING TO SEXUAL BATTERY WITH A STUDENT, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-1045 RELATING TO USE OR EMPLOYMENT OF PERSON UNDER EIGHTEEN TO COMMIT CERTAIN CRIMES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-1280 RELATING TO THE OFFENSE OF FALSE CLAIMS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTIONS 16-3-1710 AND 16-3-1720 RELATING TO THE OFFENSES OF HARASSMENT, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-1730 RELATING TO THE OFFENSE OF STALKING, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-1770 RELATING TO RESTRAINING ORDERS, TO AMEND THE SENTENCE; TO AMEND SECTION 16-3-2090 RELATING TO FORFEITURE OF PROPERTY USED IN TRAFFICKING IN PERSONS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-9-230 RELATING TO PERSONS HOLDING OFFICE ACCEPTING EXTRA COMPENSATION, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-9-250 RELATING TO UNLAWFUL ACCEPTANCE OF REMUNERATION BY PEACE OFFICERS FOR PERFORMING OFFICIAL DUTIES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-130 RELATING TO BURNING PERSONAL PROPERTY TO DEFRAUD INSURER, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-180 RELATING TO NEGLIGENTLY ALLOWING FIRE TO SPREAD TO PROPERTY OF ANOTHER, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-350 RELATING TO TRAIN ROBBERY BY STOPPING TRAIN, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-360 RELATING TO ROBBERY AFTER ENTRY UPON TRAIN, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-510 RELATING TO MALICIOUS INJURY TO ANIMALS AND OTHER PERSONAL PROPERTY, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-520 RELATING TO MALICIOUS INJURY TO TREE, HOUSE, OUTSIDE FENCE, OR FIXTURE; TRESPASS UPON REAL PROPERTY, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-535 RELATING TO MALICIOUS INJURY TO PLACE OF WORSHIP, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-590 RELATING TO DESTRUCTION OF SEA OAT OR VENUS'S FLYTRAP PLANTS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-650 RELATING TO REMOVING, DESTROYING, OR LEAVING DOWN FENCES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-13-10 RELATING TO THE OFFENSE OF FORGERY, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-30 RELATING TO PETIT LARCENY AND GRAND LARCENY, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-40 RELATING TO STEALING OF BONDS, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-50 RELATING TO STEALING OF LIVESTOCK, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-66 RELATING TO STEALING OR DAMAGING AQUACULTURE OPERATIONS, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-70 RELATING TO STEALING OF VESSELS, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-110 RELATING TO THE OFFENSE OF SHOPLIFTING, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-180 RELATING TO THE OFFENSE OF RECEIVING STOLEN GOODS, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-230 RELATING TO THE OFFENSE OF BREACH OF TRUST WITH FRAUDULENT INTENT, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-240 RELATING TO THE OFFENSE OF OBTAINING SIGNATURE OR PROPERTY BY FALSE PRETENSES, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-260 RELATING TO THE OFFENSE OF OBTAINING PROPERTY UNDER FALSE TOKENS OR LETTERS, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-300 RELATING TO FRAUDULENT REMOVAL OR SECRETING OF PERSONAL PROPERTY ATTACHED OR LEVIED UPON, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-420 RELATING TO THE OFFENSE OF FAILURE TO RETURN LEASED OR RENTED PROPERTY, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-430 RELATING TO FRAUDULENT ACQUISITION OR USE OF FOOD STAMPS, TO AMEND THE PENALTIES; TO AMEND SECTION 16-14-60 RELATING TO FINANCIAL TRANSACTION CARD FRAUD, TO AMEND THE JURISDICTION OF MAGISTRATE'S COURT AND TO AMEND THE PENALTIES; TO AMEND SECTION 16-14-80 RELATING TO RECEIVING STOLEN GOODS, TO AMEND THE JURISDICTION OF THE MAGISTRATE'S COURT AND AMEND THE PENALTIES; TO AMEND SECTION 16-15-10 RELATING TO THE OFFENSE OF BIGAMY, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-15-20 RELATING TO THE OFFENSE OF INCEST, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-15-60 RELATING TO THE OFFENSE OF ADULTERY OR FORNICATION, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-15-110 RELATING TO THE OFFENSE OF PROSTITUTION, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-15-120 RELATING TO THE ABOMINABLE CRIME OF BUGGERY, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-17-310 RELATING TO THE OFFENSE OF IMITATION OF ORGANIZATIONS' NAMES OR EMBLEMS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-17-520 RELATING TO THE OFFENSE OF DISTURBANCE OF RELIGIOUS WORSHIP, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-17-570 RELATING TO INTERFERENCE WITH FIRE AND POLICE ALARM BOXES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-17-580 RELATING TO REMOVING STATE LINE MARKS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-17-600 RELATING TO DESTRUCTION OR DESECRATION OF HUMAN REMAINS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-17-610 RELATING TO THE OFFENSE OF SOLICITING EMIGRANTS WITHOUT LICENSES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-17-690 RELATING TO THE OFFENSE OF FORTUNETELLING, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-17-735 RELATING TO THE OFFENSE OF IMPERSONATING OFFICIALS OR LAW ENFORCEMENT OFFICERS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-19-10 RELATING TO THE UNLAWFUL SETTING UP OF LOTTERIES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-19-160 RELATING TO UNLAWFUL PUNCHBOARDS FOR GAMING, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-21-80 RELATING TO THE OFFENSE OF RECEIVING, POSSESSING, CONCEALING, SELLING, OR DISPOSING OF STOLEN VEHICLE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-23-450 RELATING TO THE OFFENSE OF PLACING LOADED TRAP GUN, SPRING GUN OR LIKE DEVICE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-23-460 RELATING TO THE OFFENSE OF CARRYING A CONCEALED WEAPON, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-23-730 RELATING TO HOAX DEVICE OR REPLICA OF DESTRUCTIVE DEVICE OR DETONATOR, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-23-740 RELATING TO HINDERING AN EXPLOSIVE ORDINANCE TECHNICIAN, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-23-750 RELATING TO CONVEYING FALSE INFORMATION REGARDING ATTEMPTED USE OF A DESTRUCTIVE DEVICE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTIONS 16-27-30 AND 16-27-40 RELATING TO THE OFFENSE OF ANIMAL FIGHTING OR BAITING, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 17-25-20 RELATING TO PUNISHMENT FOR FELONY WHEN A PENALTY IS NOT SPECIALLY PROVIDED, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION AND TO REMOVE REFERENCE TO WORKHOUSE, HARD LABOR, AND SOLITARY CONFINEMENT; TO AMEND SECTION 20-1-210 RELATING TO LICENSE REQUIRED FOR MARRIAGE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 20-1-220 RELATING TO PROBATE JUDGE MARRIAGE LICENSE VIOLATION, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 20-3-220 RELATING TO UNLAWFUL ADVERTISING FOR PURPOSE OF PROCURING DIVORCE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 22-1-70 RELATING TO DISPOSITION OF FINES AND PENALTIES IMPOSED AND COLLECTED IN CRIMINAL CASES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 22-1-140 RELATING TO RETURN OF BOOKS RECEIVED BY MAGISTRATE FROM COURT CLERK AT EXPIRATION OF MAGISTRATE'S TERM, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 22-5-170 RELATING TO DUTY OF SPECIAL OFFICER APPOINTED BY MAGISTRATE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 22-7-40 RELATING TO RECEIPT OF CERTAIN COMPENSATION BY MAGISTRATE IN CRIMINAL CASES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 23-1-140 RELATING TO RURAL POLICEMEN SHALL NOT COLLECT FEES IN CERTAIN CASES TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 23-3-310 RELATING TO IMPROPER RELEASE OF INFORMATION, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 23-3-430 RELATING TO THE SEX OFFENDER REGISTRY, TO REQUIRE THE COURT TO MAKE A FINDING ON THE RECORD THAT THE OFFENSE INCLUDED A CRIMINAL SEXUAL OFFENSE FOR A PERSON CONVICTED OF KIDNAPPING IN ORDER FOR THE OFFENDER TO BE PLACED ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 23-3-470 RELATING TO FAILURE TO REGISTER AS A SEX OFFENDER, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 23-3-475 RELATING TO REGISTERING WITH FALSE INFORMATION, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 23-15-70 RELATING TO VIOLATION OF THE CALL OUT FOR ASSISTANCE OR POSSE COMITATUS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 23-35-150 RELATING TO FIREWORKS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 23-36-170 RELATING TO EXPLOSIVES CONTROL ACT, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 24-3-410 RELATING TO SALE OF PRISON-MADE PRODUCTS ON OPEN MARKET GENERALLY PROHIBITED, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 24-3-420 RELATING TO PRISON INDUSTRIES VIOLATIONS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 24-3-950 RELATING TO PRISON CONTRABAND, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 24-5-130 RELATING TO LEAVING JAILS UNATTENDED, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 24-7-155 RELATING TO FURNISHING OR POSSESSING CONTRABAND IN JAIL, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 24-13-260 RELATING TO FAILURE OF OFFICER HAVING CHARGE OF INMATE TO ALLOW DEDUCTION IN TIME OF SERVING SENTENCE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 24-13-410 RELATING TO UNLAWFUL ESCAPE OR POSSESSING TOOLS OR WEAPONS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 24-13-430 RELATING TO RIOTING OR INCITING TO RIOT, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 24-13-460 RELATING TO FURNISHING PRISONERS ALCOHOLIC BEVERAGES OR NARCOTIC DRUGS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 27-23-30 RELATING TO PUNISHMENT OF PARTIES TO FRAUDULENT CONVEYANCES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 29-1-30 RELATING TO THE WILFUL SALE OF PROPERTY ON WHICH LIEN EXISTS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 29-7-20 RELATING TO FAILURE TO PAY LABORERS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 33-45-170 RELATING TO MEMBERSHIP IN COTTON COOPERATIVE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 34-3-10 RELATING TO UNLAWFUL USE OF THE WORD "BANK" OR "BANKING", TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 34-3-80 RELATING TO CRIMINAL LIABILITY OF BANK OFFICIAL FURNISHING FALSE CERTIFICATE TO COMPTROLLER GENERAL, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 34-11-30 RELATING TO RECEIPT OF DEPOSITS OR TRUSTS AFTER KNOWLEDGE OF INSOLVENCY, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 34-11-90 RELATING TO FRAUDULENT CHECKS, TO AMEND THE JURISDICTION OF MAGISTRATE'S COURT AND TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 36-9-410 RELATING TO UNLAWFUL SALE OR DISPOSAL OF PERSONAL PROPERTY SUBJECT TO SECURITY INTEREST, TO AMEND THE PENALTIES; TO AMEND SECTION 38-2-30 RELATING TO INSURANCE AND ACTING WITHOUT A LICENSE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 38-55-170 RELATING TO PRESENTING FALSE CLAIMS FOR PAYMENT, TO AMEND THE PENALTIES; TO AMEND SECTION 39-1-20 RELATING TO MAKING INTENTIONALLY UNTRUE STATEMENT IN ADVERTISING, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-1-80 RELATING TO INDUSTRIAL HYGIENE AND SAFETY PROFESSIONALS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-15-10 RELATING TO MANUFACTURER'S USE OF MARKED BEER, SODA WATER OR MINERAL WATER CONTAINERS OF OTHERS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-15-15 RELATING TO REQUIREMENTS FOR LABELING PRODUCT AS "PEAT", TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-15-480 RELATING TO UNAUTHORIZED POSSESSION OF MARKED OR BRANDED CONTAINERS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-15-750 RELATING TO DESTRUCTION OF BRAND OR REMOVAL OR TRANSFER OF TIMBER, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-19-510 RELATING TO FRAUD IN SALE OF LEAF TOBACCO, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-33-1320 RELATING TO BUTTERFAT CONTENT AND WEIGHT OF MILK, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-33-1540 RELATING TO UNAUTHORIZED USE OF STAMPED BOTTLES OF OTHER DEALERS IN MILK IN SAME COUNTY, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-41-160 RELATING TO FRAUDULENT VIOLATION OF PETROLEUM REQUIREMENTS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-41-360 RELATING TO SALE OF LUBRICATING OILS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-51-120 RELATING TO ANTI-FREEZE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 40-2-590 RELATING TO REGULATION OF ACCOUNTING PRACTITIONERS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 40-8-190 RELATING TO PERPETUAL CARE CEMETERY ACT, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 40-36-30 RELATING TO OCCUPATIONAL THERAPISTS PRACTICING WHILE LICENSE SUSPENDED OR REVOKED, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 40-41-710 RELATING TO RETAILERS RECORD OF STOLEN PROPERTY, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 40-51-220 RELATING TO PODIATRY OR CHIROPODY, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 40-56-200 RELATING TO FIRE CODES AND REGULATIONS ADOPTED BY STATE FIRE MARSHAL, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 40-59-30 RELATING TO RESIDENTIAL SPECIALTY CONTRACTING LICENSE REQUIREMENT, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 40-69-200 RELATING TO UNLAWFUL PRACTICE OR FILING FALSE INFORMATION TO OBTAIN VETERINARY LICENSE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 40-82-200 RELATING TO OBTAINING LICENSE TO DO BUSINESS IN LIQUID PETROLEUM GAS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 41-1-20 RELATING TO UNLAWFUL DISCRIMINATION AGAINST UNION MEMBERS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 41-1-60 RELATING TO TRANSACTIONS BETWEEN CARRIERS OR SHIPPERS AND LABOR ORGANIZATIONS PROHIBITED, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 41-3-140 RELATING TO IMPEDING DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION IN PERFORMANCE OF HIS DUTIES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 41-7-80 RELATING TO RIGHT TO WORK, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 42-5-45 RELATING TO PENALTY FOR FAILURE OF EMPLOYER TO SECURE PAYMENT OF COMPENSATION, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 42-5-240 RELATING TO ACTING AS AN INSURANCE AGENT WHILE SUSPENDED, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 44-1-150 RELATING TO VIOLATION OF RULES OF DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 44-1-151 RELATING TO VIOLATIONS INVOLVING SHELLFISH, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 44-23-1080 RELATING TO PATIENTS AND PRISONERS DENIED ACCESS TO ALCOHOLIC BEVERAGES, FIREARMS, DANGEROUS WEAPONS, AND CONTROLLED SUBSTANCES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 44-52-165 RELATING TO PATIENTS RECEIVING ADDICTION SERVICES PROHIBITED FROM POSSESSING ALCOHOL, FIREARMS, WEAPONS, OR DRUGS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 44-53-370 RELATING TO THE UNLAWFUL POSSESSION, MANUFACTURE, AND TRAFFICKING OF CONTROLLED SUBSTANCES, TO AMEND THE PENALTIES, WEIGHT PRESUMPTIONS, AND ELIMINATE MANDATORY MINIMUM SENTENCES; TO AMEND SECTION 44-53-375 RELATING TO THE UNLAWFUL POSSESSION, MANUFACTURE, AND TRAFFICKING OF METHAMPHETAMINE, COCAINE BASE, OR OTHER CONTROLLED SUBSTANCES, TO AMEND THE PENALTIES, WEIGHT PRESUMPTIONS, AND ELIMINATE MANDATORY MINIMUM SENTENCES; TO AMEND SECTION 44-55-700 RELATING TO SEPTIC TANK INSTALLATION, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 44-61-70 RELATING TO EMERGENCY SERVICES AND HINDERING AN AGENT OF DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 45-2-40 RELATING TO VIOLATIONS COMMITTED BY PERSON ON PREMISES OR PROPERTY OF LODGING ESTABLISHMENT, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 45-3-20 RELATING TO OBSTRUCTION OF HOTEL AND RESTAURANT INSPECTION, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 45-9-90 RELATING TO VIOLATION OF RIGHT TO EQUAL ENJOYMENT OF AND PRIVILEGES TO PUBLIC ACCOMMODATIONS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 46-1-20 RELATING TO STEALING CROPS FROM THE FIELD, TO AMEND THE PENALTIES; TO AMEND SECTION 46-1-40 RELATING TO STEALING TOBACCO PLANTS FROM BEDS, TO AMEND THE PENALTIES; TO AMEND SECTION 46-1-60 RELATING TO MAKING AWAY WITH OR DISPOSING OF PRODUCE BEFORE PAYING, TO AMEND THE PENALTIES; TO AMEND SECTION 46-1-70 RELATING TO FACTORS OR COMMISSION MERCHANTS FAILING TO ACCOUNT FOR PRODUCE, TO AMEND THE PENALTIES; TO AMEND SECTION 46-9-80 RELATING TO INTERFERING WITH AGRICULTURE COMMISSION, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 46-9-90 RELATING TO STATE CROP PEST COMMISSION, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 46-17-400 RELATING TO AGRICULTURAL COMMODITIES MARKETING, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 46-29-20 RELATING TO FRAUDULENT PACKING, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 47-1-40 RELATING TO ILL-TREATMENT OF ANIMALS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 47-1-60 RELATING TO CUTTING MUSCLES OF TAILS OF HORSES, ASSES, AND MULES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 47-3-530 RELATING TO STEALING OR KILLING IDENTIFIABLE DOG, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 47-3-630 RELATING TO TEASING, MALTREATING, AND INJURING POLICE DOGS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 47-3-950 RELATING TO UNAUTHORIZED CONTROL OVER GUIDE DOG OR SERVICE ANIMAL, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 47-7-160 RELATING TO UNLAWFUL RESCUING ANIMAL FROM CUSTODY OF PERSON IMPOUNDING IT, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 47-9-410 RELATING TO LIVESTOCK BRANDING OR EARMARKING, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 47-13-70 RELATING TO SELLING FLESH OF DISEASED OR INJURED ANIMALS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 48-23-265 RELATING TO PAYMENT TO LANDOWNER FOR FOREST PRODUCTS PURCHASED, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 48-43-550 RELATING TO REMOVAL OF DISCHARGES OF POLLUTANTS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 49-1-50 RELATING TO SALE OR PURCHASE OF DRIFTED LUMBER OR TIMBER, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-1-85 RELATING TO USE OF FIREARMS OR ARCHERY TACKLE IN CRIMINALLY NEGLIGENT MANNER, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-1-125 RELATING TO TRAFFICKING IN WILDLIFE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-1-130 RELATING TO FISH GAME AND WATERCRAFT VIOLATIONS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-5-730 RELATING TO TRAWLING NEAR PUBLIC FISHING PIER, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-5-2535 RELATING TO MARINE RESOURCES ACT, ENGAGING IN PROHIBITED ACTIVITIES WHILE UNDER SUSPENSION, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-100 RELATING TO ENCLOSURE IMPEDING FREE RANGE OF DEER BEING HUNTED, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-730 RELATING TO UNLAWFUL TO HUNT, SHOOT, OR KILL DEER FROM A WATER CONVEYANCE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-810 RELATING TO GAME BIRDS FOR WHICH NO SPECIFIC OPEN SEASON IS DESIGNATED, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-852 RELATING TO THE UNLAWFUL MOLESTATION OR KILLING OF BIRDS OF PREY, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-1105 RELATING TO AUTHORITY OF DEPARTMENT OF NATURAL RESOURCES TO DECLARE CLOSED SEASON, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-1110 RELATING TO AUTHORITY OF DEPARTMENT TO CLOSE OR SHORTEN OPEN SEASON, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-1340 RELATING TO RESPONSIBILITY OF MANAGER, OWNER, OR LICENSEE FOR VIOLATIONS ON PRESERVE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-1730 RELATING TO TRANSPORTING OF GAME BIRDS OR ANIMALS OUT OF STATE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-2210 RELATING TO ABUSE OF WILDLIFE MANAGEMENT AREA, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-2640 RELATING TO IMPORTING FOXES AND COYOTES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-13-1210 RELATING TO PROHIBITION OF THE PERMANENT OBSTRUCTION TO MIGRATION OF FISH, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-13-1410 RELATING TO POLLUTION OF WATERS INJURING FISH AND SHELLFISH, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-13-1420 RELATING TO POISONING WATERS OR PRODUCING ELECTRIC CURRENTS TO CATCH FISH, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-13-1430 RELATING TO CASTING IMPURITIES IN WATERS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-13-1630 RELATING TO IMPORTING, POSSESSING, OR SELLING CERTAIN FISH UNLAWFUL, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-13-2015 RELATING TO FISH SANCTUARY IN ST. STEPHEN REDIVERSION CANAL, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-18-285 RELATING TO TAMPERING, DAMAGING, VANDALIZING, POISONING, OR STEALING OF AQUACULTURE PRODUCTS OR FACILITIES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-19-251 RELATING TO SLADE LAKE FISHING AND RECREATIONAL REQUIREMENTS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-19-590 RELATING TO FISHING NEAR GREENWOOD POWER PLANT, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-19-1190 RELATING TO SHELLY LAKE FISH SANCTUARY, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-21-112 RELATING TO BOATING UNDER THE INFLUENCE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-21-113 RELATING TO BOATING UNDER THE INFLUENCE RESULTING IN PROPERTY DAMAGE, GREAT BODILY INJURY, OR DEATH, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-21-117 RELATING TO OPERATION OF WATER DEVICE WHILE PRIVILEGES SUSPENDED, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-23-385 RELATING TO HOUSEBOATS WITH WASTE-HOLDING TANKS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 52-1-40 RELATING TO CIRCUSES, CARNIVALS, AND TRAVELING SHOWS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 52-13-10 RELATING TO OPERATION OF DANCING HALL ON SUNDAY FORBIDDEN, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 52-13-40 RELATING TO DANCE HALLS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 54-11-50 RELATING TO DESTROYING, DAMAGING, OR OBSTRUCTING MONUMENTS OR BUILDINGS OF UNITED STATES COAST SURVEYS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 55-1-40 RELATING TO UNLAWFUL ENTRY OF AIRCRAFT, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 55-1-100 RELATING TO OPERATING OR ACTING AS FLIGHT CREW MEMBER OF AIRCRAFT WHILE UNDER INFLUENCE OF ALCOHOL OR DRUGS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 55-13-40 RELATING TO TRESPASSING, PARKING, DRIVING OR DRAG RACING ON AIRPORT PROPERTY, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-1-350 RELATING TO FAILURE TO RETURN CANCELLED OR SUSPENDED DRIVER'S LICENSE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-1-440 RELATING TO PENALTIES FOR DRIVING WITHOUT LICENSE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-1-450 RELATING TO PENALTIES FOR UNLAWFUL OPERATION AFTER CONVICTION FOR WHICH SUSPENSION OR REVOCATION OF LICENSE MANDATORY, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-1-460 RELATING TO PENALTIES FOR DRIVING WHILE LICENSE CANCELLED, SUSPENDED OR REVOKED FOR DRIVING UNDER THE INFLUENCE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-1-2070 RELATING TO DRIVING COMMERCIAL MOTOR VEHICLE WITHOUT VALID LICENSE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-3-1910 RELATING TO FORGERY OF LICENSE PLATES FOR HANDICAPPED PERSONS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-3-1960 RELATING TO TEMPORARY AND PERMANENT PARKING PLACARDS, ILLEGAL DUPLICATION OR FORGERY, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-3-5400 RELATING TO FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-5-2930 RELATING TO DRIVING UNDER THE INFLUENCE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-5-2933 RELATING TO DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-5-2945 RELATING TO FELONY DRIVING UNDER THE INFLUENCE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-9-340 RELATING TO FAILURE TO SURRENDER LICENSE AND REGISTRATION, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-10-240 RELATING TO REQUIREMENT THAT UPON LOSS OF INSURANCE, INSURED OBTAIN NEW INSURANCE OR SURRENDER REGISTRATION AND PLATES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-10-250 RELATING TO THE UNLAWFUL SELLING OF A VEHICLE WITH SUSPENDED REGISTRATION TO FAMILY MEMBER, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-10-260 RELATING TO FALSE CERTIFICATE OR FALSE EVIDENCE OF INSURANCE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-10-520 RELATING TO OPERATING A MOTOR VEHICLE WITHOUT PAYING UNINSURED MOTOR VEHICLE FEE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 57-7-20 RELATING TO PUTTING FOREIGN SUBSTANCES ON HIGHWAYS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 57-13-110 RELATING TO INJURY TO OR DESTRUCTION OF BRIDGES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 57-17-110 RELATING TO COUNTY APPORTIONMENT OF ROAD FUNDS THROUGH YEAR, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 58-15-840 RELATING TO TAKING OR REMOVING BRASSES, BEARINGS, WASTE OR PACKING FROM RAILROAD CARS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 58-17-2760 RELATING TO RAILROADS, CONNECTING CARRIERS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 58-17-4090 RELATING TO OBSTRUCTION OF RAILROAD, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 58-23-80 RELATING TO MOTOR VEHICLE CARRIERS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 58-23-920 RELATING TO INSURANCE REQUIRED OF OWNERS OF MOTOR VEHICLES TRANSPORTING GOODS FOR HIRE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-5-130 RELATING TO STATE BOARD OF EDUCATION, MEMBERS SHALL NOT CONTRACT WITH BOARD, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-19-310 RELATING TO EXERCISING OFFICE OF SCHOOL TRUSTEE AFTER TERMINATION OF OFFICE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-25-30 RELATING TO OFFICIALS NOT PERMITTED TO DESIGNATE PLACE FOR TEACHER TO BOARD OR LIVE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-29-560 RELATING TO SCHOOL DISBURSEMENT OF AND ACCOUNTABILITY FOR FUNDS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-31-590 RELATING TO SCHOOL PERSONNEL NOT PERMITTED TO ACT AS AGENTS FOR PUBLISHERS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-67-120 RELATING TO PROHIBITION OF TAMPERING WITH SCHOOL BUS GOVERNORS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-67-210 RELATING TO UNLAWFUL SCHOOL BUS PASSING ANOTHER SCHOOL BUS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-67-280 RELATING TO TRANSPORTATION OF PUPILS, SCHOOL BUSES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-69-260 RELATING TO OFFICIALS SHALL NOT ACQUIRE INTEREST IN CLAIMS OR CONTRACTS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-111-180 RELATING TO MISREPRESENTATION OF SCHOLARSHIP ELIGIBILITY, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-116-80 RELATING TO IMPERSONATION OF CAMPUS POLICE OFFICER, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-150-250 RELATING TO LOTTERY TICKET SALE TO A MINOR OR ACCEPTING LOTTERY PRIZE WHILE INCARCERATED, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-152-150 RELATING TO DEVELOPMENT AND ADOPTION OF STANDARD FISCAL ACCOUNTABILITY SYSTEM, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-2-240 RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, INTERFERENCE WITH OFFICER AND ABUSIVE LANGUAGE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-2-250 RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-4-20 RELATING TO SALE OF ALCOHOL WITHOUT TAXES LEVIED, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-4-160 RELATING TO DISCOUNT PRICING FOR ON-PREMISES ALCOHOL CONSUMPTION, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-4-560 RELATING TO BEER, ALE, PORTER, WINE, OPERATION WITHOUT A PERMIT, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-4-600 RELATING TO SURRENDER OF BEER OR WINE SALES LICENSE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-4-610 RELATING TO UNLAWFUL SALES OF BEER AND WINE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-4-780 RELATING TO PROVISIONS AFFECTING WINE SALES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-4-910 RELATING TO PROVISIONS AFFECTING BEER, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4010 RELATING TO UNLAWFUL MANUFACTURE, POSSESSION, OR SALES OF ALCOHOLIC LIQUORS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4025 RELATING TO POSSESSION OF UNLAWFULLY ACQUIRED OR MANUFACTURED ALCOHOLIC LIQUORS IN VEHICLE, VESSEL, OR AIRCRAFT, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4030 RELATING TO TRANSPORTATION OF ALCOHOLIC LIQUORS IN A VEHICLE FOR HIRE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4040 RELATING TO RENDERING AID IN UNLAWFUL TRANSPORTATION, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4050 RELATING TO PURCHASE FROM UNLICENSED ALCOHOL RETAIL DEALER, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4060 RELATING TO UNLICENSED STORAGE OF ALCOHOLIC LIQUORS IN PLACE OF BUSINESS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4100 RELATING TO DISTILLERIES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4110 RELATING TO KNOWING PERMISSION TO LOCATE DISTILLERY ON PREMISES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4120 RELATING TO MATERIALS USED IN THE MANUFACTURE OF ALCOHOLIC LIQUORS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4130 RELATING TO PRESENCE AT DISTILLERY PRIMA FACIE EVIDENCE OF GUILT, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4140 RELATING TO EMPLOYMENT OF PERSONS UNDER THE AGE OF TWENTY-ONE YEARS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4150 RELATING TO SALE OF ALCOHOLIC LIQUORS FROM VEHICLE, VESSEL, OR AIRCRAFT, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4160 RELATING TO SUNDAY AND CHRISTMAS DAY SALES OF ALCOHOLIC LIQUORS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4170 RELATING TO BILLBOARDS ENCOURAGING UNDERAGE DRINKING, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4180 RELATING TO POSSESSION OF FIREARM OR WEAPON BY SELLERS OF ALCOHOLIC LIQUORS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4200 RELATING TO DISPOSSESSION OR ATTEMPTED DISPOSSESSION OF ALCOHOLIC LIQUORS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4550 RELATING TO DISCOUNTING OF PRICES OF ALCOHOLIC LIQUORS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4700 RELATING TO CONSUMPTION OF ALCOHOLIC LIQUOR ON PREMISES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-8-50 RELATING TO CONTEMPT PROCEEDINGS RELATED TO REGULATION OF ALCOHOL SALES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 63-19-1670 RELATING TO CONTRABAND IN DEPARTMENT OF JUVENILE JUSTICE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 63-19-2420 RELATING TO JUVENILE LOITERING IN A BILLIARD ROOM, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; AND TO AMEND CHAPTER 22, TITLE 17, RELATING TO CRIMINAL INTERVENTION PROGRAMS, BY ADDING ARTICLE 13, TO ENACT THE "DRUG COURT PROGRAM ACT;" TO DIRECT EACH CIRCUIT SOLICITOR TO ESTABLISH A DRUG COURT PROGRAM FOR ADULTS AND JUVENILES; TO PROVIDE CRITERIA FOR THE ELIGIBILITY OF PERSONS CHARGED WITH NONVIOLENT OFFENSES; TO ALLOW EACH CIRCUIT SOLICITOR TO ESTABLISH AN OFFICE OF DRUG COURT PROGRAM COORDINATOR; TO DIRECT THE COMMISSION ON PROSECUTION COORDINATION TO ESTABLISH A STATE OFFICE OF DRUG COURT COORDINATION; TO PROVIDE FOR FEES FOR PARTICIPATION IN A DRUG COURT PROGRAM; TO PROVIDE FOR ANNUAL REPORTS DETAILING THE ACTIVITIES OF DRUG COURT PROGRAMS TO THE COMMISSION ON PROSECUTION COORDINATION, WITH A COPY PROVIDED TO THE SENTENCING REFORM OVERSIGHT COMMITTEE; AND TO PROVIDE FOR THE APPOINTMENT OF DRUG COURT JUDGES AND THEIR COMPENSATION.
l:\s-jud\bills\malloy\jud0006.rem.docx

Read the first time and referred to the Committee on Judiciary.

S. 640 (Word version) -- Senator Malloy: A BILL TO AMEND SECTION 14-17-325 OF THE 1976 CODE, RELATING TO THE CLERK OF COURT REPORTING THE DISPOSITION OF EACH CASE IN THE COURT OF GENERAL SESSIONS, TO REQUIRE EVERY CLERK OF COURT TO REPORT TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION WITHIN TEN DAYS, WEEKENDS AND HOLIDAYS EXCLUDED, THE DISPOSITION OF EACH CASE IN GENERAL SESSIONS AND TO REPORT WITHIN FORTY-EIGHT HOURS THE ISSUANCE OF A RESTRAINING ORDER, ORDER OF PROTECTION, ORDER FOR THE PREVENTION OF POSSESSION OF A FIREARM, CONVICTIONS OR ORDERS RELATED TO DOMESTIC VIOLENCE, AND CONVICTIONS OR ORDERS RELATED TO STALKING, INTIMIDATION, OR HARASSMENT; TO AMEND CHAPTER 1, TITLE 22 OF THE 1976 CODE, RELATING TO MAGISTRATES GENERALLY, BY ADDING SECTION 22-1-200, TO REQUIRE MAGISTRATES TO REPORT TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION WITHIN TEN DAYS, WEEKENDS AND HOLIDAYS EXCLUDED, THE DISPOSITION OF EACH CRIMINAL CASE AND TO REPORT WITHIN FORTY-EIGHT HOURS THE ISSUANCE OF A RESTRAINING ORDER, ORDER OF PROTECTION, ORDER FOR THE PREVENTION OF POSSESSION OF A FIREARM, CONVICTIONS OR ORDERS RELATED TO DOMESTIC VIOLENCE, AND CONVICTIONS OR ORDERS RELATED TO STALKING, INTIMIDATION, OR HARASSMENT; TO AMEND ARTICLE 1, CHAPTER 25, TITLE 14 OF THE 1976 CODE, RELATING TO MUNICIPAL COURTS, BY ADDING SECTION 14-25-250, TO REQUIRE MAGISTRATES TO REPORT TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION WITHIN TEN DAYS, WEEKENDS AND HOLIDAYS EXCLUDED, THE DISPOSITION OF EACH CRIMINAL CASE AND TO REPORT WITHIN FORTY-EIGHT HOURS THE ISSUANCE OF A RESTRAINING ORDER, ORDER OF PROTECTION, ORDER FOR THE PREVENTION OF POSSESSION OF A FIREARM, CONVICTIONS OR ORDERS RELATED TO DOMESTIC VIOLENCE, AND CONVICTIONS OR ORDERS RELATED TO STALKING, INTIMIDATION, OR HARASSMENT; TO AMEND CHAPTER 1, TITLE 23 OF THE 1976 CODE, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING SECTION 23-1-250, TO REQUIRE EACH LAW ENFORCEMENT AGENCY TO REPORT TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION WITHIN TWENTY-FOUR HOURS THE FILING OF EACH INCIDENT REPORT, ORDER OF PROTECTION, RESTRAINING ORDER, ANY ORDER OR REPORT RELATING TO AN INCIDENT OF DOMESTIC VIOLENCE, OR ANY INCIDENT IN WHICH A PERSON MAY BE PROHIBITED FROM OBTAINING OR POSSESSING A FIREARM BY STATE OR FEDERAL LAW; AND TO AMEND TITLE 14 OF THE 1976 CODE, RELATING TO THE COURTS, BY ADDING CHAPTER 32, TO CREATE THE JUDICIAL CRIMINAL INFORMATION TECHNOLOGY COMMITTEE AND TO ESTABLISH ITS MEMBERSHIP, DUTIES, AND RESPONSIBILITIES, INCLUDING THE STUDY OF AND RECOMMENDATIONS FOR THE IMPROVEMENT OF JUDICIAL AND LAW ENFORCEMENT INFORMATION TECHNOLOGY AND REPORTING.
l:\s-jud\bills\malloy\jud0042.rem.docx

Read the first time and referred to the Committee on Judiciary.

S. 641 (Word version) -- Senator Grooms: A BILL TO ENACT THE CAMPUS INTELLECTUAL DIVERSITY ACT, TO AMEND CHAPTER 59, TITLE 101 OF THE 1976 CODE, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING GENERALLY, BY ADDING ARTICLE 4, TO PROVIDE FOR AN OFFICE OF PUBLIC POLICY EVENTS ON EVERY CAMPUS OF CERTAIN COLLEGES OR UNIVERSITIES, WHICH SHALL ORGANIZE, PUBLICIZE, AND STAGE DEBATES, GROUP FORUMS, AND INDIVIDUAL LECTURES THAT ADDRESS PUBLIC POLICY ISSUES, AND TO REQUIRE EACH OFFICE OF PUBLIC POLICY EVENTS TO KEEP CERTAIN RECORDS AND MAKE CERTAIN INFORMATION PUBLICLY AVAILABLE.
l:\s-res\lkg\017inte.kmm.lkg.docx

Read the first time and referred to the Committee on Education.

S. 642 (Word version) -- Senators Campbell and Leatherman: A BILL TO AMEND SECTION 42-9-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND PAYMENTS IN WORKERS' COMPENSATION, SO AS TO PROVIDE WHEN EMPLOYEES SUFFER COMPENSABLE INJURIES AND RECEIVE COMPENSATION FOR THOSE INJURIES FROM THEIR EMPLOYER OR CERTAIN OTHER PARTIES UNDER THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, THEIR EMPLOYER OR EMPLOYER'S REPRESENTATIVE IS ENTITLED TO A DOLLAR-FOR-DOLLAR CREDIT FOR PAYMENT OF INDEMNITY BENEFITS UNDER THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT AGAINST INDEMNITY BENEFITS DUE TO THE EMPLOYEE UNDER THE ACT FOR THE SAME INJURY, TO PROVIDE THE WORKERS' COMPENSATION COMMISSION IS NOT PREVENTED FROM AWARDING THE CREDIT ON CONCURRENT JURISDICTION CASES ARISING OUT OF ACCIDENTS OCCURRING PRIOR TO JULY 1, 2019, AND TO PROVIDE PAYMENT OF BENEFITS BY THE EMPLOYER UNDER THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT DOES NOT CONSTITUTE AN ELECTION OF REMEDIES BY THE CLAIMANT UNDER EITHER THE SOUTH CAROLINA WORKERS' COMPENSATION ACT OR THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT AND SHALL NOT PRECLUDE PAYMENT OF A LUMP SUM AWARD TO CLAIMANT UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION ACT.
l:\council\bills\agm\19582wab19.docx

Senator CAMPBELL spoke on the Bill.

Read the first time and referred to the Committee on Judiciary.

S. 643 (Word version) -- Senator Allen: A SENATE RESOLUTION TO RECOGNIZE AND HONOR STANDING AGAINST VIOLENCE EVERYDAY, INC., FOR ITS IMPRESSIVE ACCOMPLISHMENTS IN THIS GREAT STATE, TO COMMEND ITS FINE STAFF AND VOLUNTEERS, AND TO EXTEND BEST WISHES FOR CONTINUED SUCCESS IN CARRYING OUT THE ORGANIZATION'S WORTHY MISSION.
l:\council\bills\rm\1207zw19.docx

The Senate Resolution was adopted.

H. 3759 (Word version) -- Reps. Lucas, Allison, Felder, Pope, Simrill, Rutherford, Whitmire, G. M. Smith, McCoy, Hiott, Sandifer, Clary, G. R. Smith, Murphy, Taylor, Govan, W. Newton, Funderburk, Elliott, B. Newton, Weeks, Hewitt, Bailey, Hixon, Calhoon, Bennett, Young, Norrell, Hyde, Jordan, Bamberg, Ligon, Sottile, Cogswell, Daning, Loftis, Burns, Wheeler, Kirby, Tallon, Caskey, West, Collins, Forrester, Spires, Thayer, Wooten, Huggins, Willis, Herbkersman, Stringer, Erickson, Bradley, McCravy, Lowe, Clemmons, Davis, Bannister, Ridgeway, Atkinson, Bryant, Bales, Alexander, R. Williams, B. Cox, Martin, Jefferson, Fry, Hosey, Clyburn, Chellis, Kimmons, Rivers, Forrest, Mace, Johnson, Robinson, Dillard, Rose, Anderson, McGinnis, Hardee, Brown, Long, D. C. Moss, V. S. Moss, Gilliam, Chumley, Gagnon, Blackwell, Bernstein, Stavrinakis, Morgan, Finlay, Crawford, Henderson-Myers, Gilliard, Trantham, Garvin, S. Williams and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA CAREER OPPORTUNITY AND ACCESS FOR ALL ACT"; BY ADDING SECTION 59-1-485 SO AS TO PROVIDE A STATEWIDE COLLEGE AND CAREER READINESS GOAL FOR 2030; BY ADDING ARTICLE 15 TO CHAPTER 63, TITLE 59 SO AS TO CREATE THE "STUDENT BILL OF RIGHTS"; TO AMEND SECTION 59-5-10, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ADD A PUBLIC SCHOOL STUDENT APPOINTED BY THE GOVERNOR TO SERVE A TWO-YEAR TERM AS A NONVOTING ADVISORY MEMBER; BY ADDING CHAPTER 12 TO TITLE 1 SO AS TO CREATE THE "ZERO TO TWENTY COMMITTEE" AND TO PROVIDE FOR THE PURPOSES, MEMBERSHIP, AND DUTIES OF THE COMMITTEE; BY ADDING SECTION 59-29-250 SO AS TO PROVIDE FOR THE EXPANSION AND ENHANCEMENT OF COMPUTER SCIENCE EDUCATION IN HIGH SCHOOLS; TO AMEND SECTION 59-18-310, RELATING TO THE STATEWIDE ASSESSMENT PROGRAM, SO AS TO REMOVE SOCIAL STUDIES FROM THE ACADEMIC AREAS ASSESSED; TO AMEND SECTION 59-18-320, RELATING TO FIELD TESTS IN THE STATEWIDE ASSESSMENT PROGRAM AND ADMINISTRATION OF ASSESSMENTS UNDER THE PROGRAM, SO AS TO MAKE CHANGES TO CONFORM TO THE REMOVAL OF SOCIAL STUDIES FROM THE ACADEMIC AREAS ASSESSED; TO AMEND SECTION 59-18-325, RELATING TO REQUIREMENTS THAT THE DEPARTMENT PROCURE AND ADMINISTER CERTAIN STANDARDS-BASED ASSESSMENTS, SO AS TO REMOVE THE REQUIREMENT FOR PROCURING AND ADMINISTERING STANDARDS-BASED ASSESSMENTS IN SOCIAL STUDIES TO STUDENTS IN FIFTH GRADE AND SEVENTH GRADE; BY ADDING SECTION 59-156-250 SO AS TO PROVIDE THE STATE OFFICE OF FIRST STEPS TO SCHOOL READINESS AND THE STATE DEPARTMENT OF EDUCATION SHALL COMPILE AND REPORT TO THE GENERAL ASSEMBLY CERTAIN INFORMATION ABOUT EARLY CHILDHOOD READING EFFORTS, PLANS TO INCREASE PARTICIPATION IN RELATED PROGRAMS IN CERTAIN DISTRICTS, AND TO REQUIRE A SUBSEQUENT REPORT IN FIVE YEARS; TO AMEND SECTION 59-104-20, RELATING TO THE CRITERIA FOR PALMETTO FELLOWS SCHOLARSHIPS, SO AS TO STRENGTHEN ENGLISH, MATHEMATICS, AND COMPUTER SCIENCE FOUNDATIONS OF HIGH SCHOOL SENIORS SEEKING PALMETTO FELLOWS SCHOLARSHIPS BY REQUIRING SUCCESSFUL COMPLETION OF CERTAIN ENGLISH AND MATHEMATICS OR COMPUTER SCIENCE COURSEWORK DURING THEIR SENIOR YEARS, AND TO EXCLUDE MEMBERS OF THE 2019-2020 SENIOR CLASS FROM THESE REQUIREMENTS; TO AMEND SECTION 59-149-50, RELATING TO THE CRITERIA FOR LIFE SCHOLARSHIPS, SO AS TO STRENGTHEN ENGLISH, MATHEMATICS, AND COMPUTER SCIENCE FOUNDATIONS OF HIGH SCHOOL SENIORS SEEKING LIFE SCHOLARSHIPS BY REQUIRING SUCCESSFUL COMPLETION OF CERTAIN ENGLISH AND MATHEMATICS OR COMPUTER SCIENCE COURSEWORK DURING THEIR SENIOR YEARS, AND TO EXCLUDE MEMBERS OF THE 2019-2020 SENIOR CLASS FROM THESE REQUIREMENTS; TO AMEND SECTION 59-59-210, RELATING TO ARTICULATION AGREEMENTS PROVIDING DUAL ENROLLMENT BETWEEN HIGH SCHOOLS AND PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO EXPAND SUCH DUAL ENROLLMENT OPPORTUNITIES BY CREATING A UNIFORM SYSTEM OF DUAL ENROLLMENT COLLEGE COURSES OFFERED TO HIGH SCHOOL STUDENTS BY PUBLIC INSTITUTIONS OF HIGHER LEARNING; BY ADDING SECTION 59-18-365 SO AS TO PROVIDE A SYSTEM FOR ACCOUNTABILITY FOR STUDENT PROGRESS TOWARD COLLEGE AND CAREER READINESS FROM KINDERGARTEN THROUGH TWELFTH GRADE; TO AMEND SECTION 59-5-65, RELATING TO THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE REMEDIAL COURSEWORK FOR COLLEGE READINESS ONLY MAY BE PROVIDED AT THE HIGH SCHOOL LEVEL AND MAY NOT BE PROVIDED AT PUBLIC INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTIONS 59-18-1950 AND 59-101-350, BOTH RELATING TO REMEDIAL COURSEWORK, SO AS TO MAKE A CONFORMING CHANGE TO THE ELIMINATION OF REMEDIAL COURSEWORK BEING OFFERED AT PUBLIC INSTITUTIONS OF HIGHER LEARNING; BY ADDING SECTION 59-155-155 SO AS TO PROVIDE THE STATE BOARD OF EDUCATION SHALL APPROVE NO MORE THAN FIVE RELIABLE AND VALID EARLY LITERACY AND NUMERACY SCREENING ASSESSMENT INSTRUMENTS FOR SELECTION AND USE BY SCHOOL DISTRICTS FOR KINDERGARTEN THROUGH THIRD GRADE, AND TO PROVIDE REQUIREMENTS FOR SUCH INSTRUMENTS; TO AMEND SECTION 59-155-110, RELATING TO THE READ TO SUCCEED OFFICE, SO AS TO CORRECT A TYPOGRAPHICAL ERROR; TO AMEND SECTION 59-155-120, RELATING TO DEFINITIONS IN THE READ TO SUCCEED ACT, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 59-155-130, RELATING TO DUTIES OF THE READ TO SUCCEED OFFICE, SO AS TO REVISE THE REQUIREMENTS CONCERNING COURSEWORK NECESSARY FOR LITERACY ADD-ON ENDORSEMENTS AND TO REVISE REQUIREMENTS FOR PROFESSIONAL DEVELOPMENT IN READING AND COACHING FOR CERTIFIED READING/LITERACY COACHES AND LITERACY TEACHERS; TO AMEND SECTION 59-155-140, RELATING TO THE STATE READING PROFICIENCY PROGRAM, SO AS TO REMOVE THE USE OF BOOK CLUBS FOR CERTAIN REQUIRED SUPPLEMENTAL INSTRUCTION; TO AMEND SECTION 59-155-150, RELATING TO THE READINESS ASSESSMENT PROVIDED BY THE READ TO SUCCEED ACT, SO AS TO REVISE THE REQUIREMENTS FOR SCREENING AND DIAGNOSTIC ASSESSMENTS AND INTERVENTIONS; TO AMEND SECTION 59-155-160, RELATING TO MANDATORY STUDENT RETENTION PROVISIONS OF THE READ TO SUCCEED ACT, SO AS TO REVISE CRITERIA FOR RETENTION AND EXEMPTIONS FROM RETENTION, TO ELIMINATE AN APPEALS PROCESS, AND TO REVISE CRITERIA FOR INTENSIVE INSTRUCTIONAL SERVICES AND SUPPORT PROVIDED TO RETAINED STUDENTS; TO AMEND SECTION 59-155-180, RELATING TO PROVISIONS CONCERNING TEACHER EDUCATION PROGRAMS IN THE READ TO SUCCEED ACT, SO AS TO REMOVE THE REQUIREMENT THAT READING/LITERACY COACHES BE EMPLOYED IN ALL ELEMENTARY SCHOOLS, TO REVISE REQUIREMENTS CONCERNING THE ROLES AND FUNCTIONS OF READING/LITERACY COACHES, TO PROVIDE MEASURES TO ENSURE TEACHER CANDIDATES UNDERSTAND THE FOUNDATIONS OF READING AND ARE PREPARED TO TEACH READING TO ALL STUDENTS, AND TO PROVIDE THE COMMISSION ON HIGHER EDUCATION AND THE LEARNING DISORDERS TASK FORCE ANNUALLY SHALL ASSESS THE EFFECTIVENESS OF TEACHER EDUCATION PROGRAMS IN PREPARING TEACHERS TO DIAGNOSE READING PROBLEMS IN STUDENTS AND PROVIDE APPROPRIATE INTERVENTIONS, AND TO PROVIDE THE COMMISSION SHALL REPORT FINDINGS OF THIS ASSESSMENT TO THE STATE DEPARTMENT OF EDUCATION AND TO THE GENERAL ASSEMBLY; TO AMEND SECTION 59-59-20, RELATING TO CAREER-CLUSTER CURRICULUM, SO AS TO REVISE THE CURRICULUM TO ALIGN WITH WORKFORCE NEEDS, AMONG OTHER THINGS; TO AMEND SECTION 59-59-50, RELATING TO STATE MODELS AND PROTOTYPES FOR INDIVIDUAL GRADUATION PLANS, SO AS TO REVISE THE REQUIREMENTS TO INCLUDE CAREER CLUSTERS AND RELATED PATHWAYS AND PROGRAMS OF STUDY, AMONG OTHER THINGS; TO AMEND SECTION 59-59-60, RELATING TO THE ORGANIZATION OF HIGH SCHOOL CURRICULA AROUND CLUSTERS OF STUDY AND CLUSTER MAJORS, SO AS TO REORGANIZE THE CURRICULA AROUND CAREER PATHWAYS AND TO PROMOTE RELATED INCREASED AWARENESS AND CAREER COUNSELING; BY ADDING SECTION 59-53-30 SO AS TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ESTABLISH COMMON MINIMUM ADMISSIONS SCORES FOR ITS INSTITUTIONS, TO PROVIDE VARIATIONS IN CERTAIN CIRCUMSTANCES, AND TO PROVIDE ADVICE INSTITUTIONS SHOULD GIVE INDIVIDUALS WHO MEET THESE MINIMUM SCORES; TO AMEND SECTION 59-150-360, RELATING TO TUITION ASSISTANCE FOR STUDENTS WHO ATTEND TECHNICAL COLLEGES OR TWO-YEAR PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THIS ASSISTANCE FOR STUDENTS SEEKING CERTAIN BUSINESS OR INDUSTRY CREDENTIALS, AMONG OTHER THINGS; BY ADDING SECTION 12-6-3800 SO AS TO ALLOW AN INCOME TAX CREDIT FOR A TAXPAYER WHO EMPLOYS A PUBLIC SCHOOL K4-12 TEACHER AS AN INTERN, TO PROVIDE THAT THE INTERNSHIP MUST BE APPROVED BY THE SCHOOL DISTRICT IN WHICH THE TEACHER IS EMPLOYED BASED ON CRITERIA PROVIDED BY THE DEPARTMENT OF EDUCATION, AND TO PROVIDE FOR REPORTING REQUIREMENTS; TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AND THE STATE BOARD OF EDUCATION TO REPORT RECOMMENDATIONS FOR TRANSFERRING ADULT BASIC EDUCATION AND ADULT SECONDARY EDUCATION TO THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AND HOW TO BEST USE CAREER AND TECHNOLOGY CENTERS TO PROVIDE IMPROVED AND UPDATED TECHNICAL EDUCATION; TO AMEND SECTION 59-111-110, RELATING TO CERTAIN PEOPLE EXEMPT FROM PAYING TUITION TO ATTEND PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO INCLUDE FULL-TIME CERTIFIED CLASSROOM TEACHERS EMPLOYED IN SCHOOLS WITH ABSOLUTE RATINGS OF BELOW AVERAGE OR UNSATISFACTORY FOR THREE OF THE FOUR PRECEDING YEARS; BY ADDING SECTION 59-111-155 SO AS TO PROVIDE A NECESSARY DEFINITION; BY ADDING SECTION 59-19-360 SO AS TO PROVIDE SCHOOL BOARDS MAY REIMBURSE TEACHERS WHO MUST TRAVEL MORE THAN TWENTY-FIVE MILES EACH WAY BETWEEN HOME AND SCHOOL FOR MILEAGE AT A RATE NOT TO EXCEED THE FEDERAL RATE; TO AMEND SECTION 59-19-350, RELATING TO SCHOOLS OF CHOICE, SO AS TO PROVIDE SCHOOL DISTRICTS INSTEAD MAY CREATE MULTIPLE SCHOOLS OF INNOVATION; BY ADDING SECTION 59-8-1115 SO AS TO PROVIDE SCHOOLS RECEIVING OVERALL RATINGS OF "GOOD" OR "EXCELLENT" ON THEIR ANNUAL REPORT CARDS FOR AT LEAST TWO CONSECUTIVE YEARS MAY HIRE NONCERTIFIED TEACHERS FOR UP TO TWENTY-FIVE PERCENT OF ITS TEACHING STAFF AND TO PROVIDE REQUIREMENTS FOR NONCERTIFIED TEACHERS; BY ADDING SECTION 59-25-25 SO AS TO PROVIDE EDUCATOR PREPARATION PROGRAMS IN INSTITUTIONS OF HIGHER EDUCATION MAY SUBMIT SEPARATE AND DISTINCT EDUCATOR PREPARATION PROGRAMS FOR ALTERNATIVE PREPARATION TO THE STATE BOARD OF EDUCATION FOR APPROVAL, TO PROVIDE THESE PROGRAMS ARE NOT REQUIRED TO BE NATIONALLY ACCREDITED BUT MUST MEET CERTAIN OTHER REQUIREMENTS, AND TO PROVIDE THE STATE DEPARTMENT OF EDUCATION ANNUALLY SHALL REPORT RELATED DATA TO THE STATE BOARD OF EDUCATION AND THE GENERAL ASSEMBLY; TO AMEND SECTION 59-26-20, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION CONCERNING THE TRAINING, CERTIFICATION, AND EVALUATION OF PUBLIC EDUCATORS, SO AS TO PROVIDE THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS REGARDING A CYCLICAL EVALUATION PROCESS FOR APPROVED TEACHER EDUCATOR PROGRAMS, AND TO PROVIDE RELATED REQUIREMENTS; BY ADDING SECTION 59-26-35 SO AS TO IMPROVE THE MEANS FOR EVALUATING EDUCATOR PREPARATION PROGRAMS BY PROVIDING FOR THE ANNUAL DEVELOPMENT AND PUBLICATION OF THE SOUTH CAROLINA TEACHER PREPARATION REPORT CARD; BY ADDING SECTION 59-26-120 SO AS TO PROVIDE THE STATE DEPARTMENT OF EDUCATION SHALL PROVIDE CERTAIN EDUCATOR PREPARATION PROGRAMS WITH CERTAIN INFORMATION REGARDING GRADUATES OF THOSE PROGRAMS, TO PROVIDE EDUCATOR PREPARATION PROGRAMS MAY NOT SHARE IDENTIFIABLE EDUCATOR DATA WITH THIRD PARTIES WITHOUT WRITTEN CONSENT, AND TO PROVIDE THIS INFORMATION IS NOT SUBJECT TO THE FREEDOM OF INFORMATION ACT; BY ADDING SECTION 59-25-52 SO AS TO INCREASE EFFORTS TO RETAIN EDUCATORS BY CONDUCTING A SEMIANNUAL WORKPLACE SATISFACTION OPINION SURVEY OF SOUTH CAROLINA PUBLIC SCHOOL TEACHERS, AND TO PROVIDE FOR THE REPORTING OF THE RESULTS OF THESE SURVEYS; TO AMEND SECTION 59-20-50, RELATING TO TEACHER SALARY SCHEDULES, SO AS TO DELETE EXISTING LANGUAGE AND PROVIDE DISTRICTS MAY PAY TEACHERS ANNUAL SALARIES AT LEAST EQUAL TO THE MINIMUM STARTING SCHEDULE FOR THEIR EXPERIENCE AND EDUCATIONAL ATTAINMENT, TO PROVIDE A MINIMUM STARTING SALARY FOR NEW TEACHERS, TO PROVIDE THIS STARTING SALARY MUST BE ESTABLISHED WITH THE GOAL OF REACHING THE SOUTHEASTERN AVERAGE, AND TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO MAKE CERTAIN RECOMMENDATIONS FOR A PLAN TO REMOVE THE EXISTING TEACHER SALARY SCHEDULE AND IMPLEMENT BETWEEN FIVE AND NINE CAREER BANDS, AMONG OTHER THINGS; BY ADDING ARTICLE 16 TO CHAPTER 18, TITLE 59 SO AS TO PROVIDE REVISED ACCOUNTABILITY MEASURES FOR PUBLIC SCHOOLS AND PUBLIC SCHOOL DISTRICTS; BY ADDING SECTION 59-17-15 SO AS TO PROVIDE THE STATE SUPERINTENDENT OF EDUCATION SHALL DEVELOP AND PROVIDE CERTAIN RECOMMENDATIONS CONCERNING THE CONSOLIDATION OF SCHOOL DISTRICTS; TO AMEND SECTION 59-39-100, RELATING TO REQUIREMENTS FOR HIGH SCHOOL DIPLOMAS, SO AS TO PROVIDE LOCAL SCHOOL BOARDS MAY REQUIRE ADDITIONAL UNITS OF STUDY FOR HIGH SCHOOL DIPLOMAS BEGINNING WITH STUDENTS ENTERING NINTH GRADE IN THE 2020-2021 SCHOOL YEAR; BY ADDING ARTICLE 5 TO CHAPTER 19, TITLE 59 SO AS TO DEFINE NECESSARY TERMINOLOGY, TO PROVIDE REQUIREMENTS FOR LOCAL SCHOOL BOARD GOVERNANCE AND BOARD MEMBER CONDUCT, TO PROVIDE THE STATE BOARD OF EDUCATION SHALL ADOPT A MODEL CODE OF ETHICS FOR LOCAL SCHOOL BOARD MEMBER CONDUCT, TO PROVIDE LOCAL SCHOOL BOARDS SHALL ADOPT CODES OF ETHICS BASED ON THIS MODEL CODE, TO PROVIDE LOCAL SCHOOL BOARDS SHALL ADOPT NEPOTISM POLICIES THAT MEET CERTAIN MINIMUM REQUIREMENTS, TO PROHIBIT CONFLICTS OF INTEREST BY SCHOOL BOARD MEMBERS, TO PROVIDE FOR THE REFERRAL OF CONFLICT OF INTEREST ALLEGATIONS TO THE STATE ETHICS COMMISSION UPON A TWO-THIRDS VOTE OF SCHOOL BOARD MEMBERS PRESENT FOR SUCH A VOTE, TO REQUIRE NOTICE TO THE STATE BOARD OF EDUCATION WHEN A PUBLIC SCHOOL ACCREDITING BODY PLACES A DISTRICT OR SCHOOL ON A LEVEL OF ACCREDITATION THAT IMMEDIATELY PRECEDES ACCREDITATION LOSS FOR GOVERNANCE REASONS, TO PROVIDE THE STATE BOARD OF EDUCATION SHALL CONDUCT A HEARING ON THE MATTER AND MAY RECOMMEND SUSPENSION OF A BOARD TO THE GOVERNOR, AND TO PROVIDE THE GOVERNOR MAY SUSPEND AN ENTIRE BOARD AND APPOINT A TEMPORARY BOARD; TO AMEND SECTION 59-18-920, RELATING TO THE REQUIREMENT THAT THE PERFORMANCE OF STUDENTS IN CHARTER SCHOOLS SPONSORED BY THE SOUTH CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE INCLUDED IN OVERALL PERFORMANCE RATINGS, SO AS TO PROVIDE THIS REQUIREMENT ALSO APPLIES TO CHARTER SCHOOLS SPONSORED BY REGISTERED INSTITUTIONS OF HIGHER LEARNING; BY ADDING SECTION 59-19-55 SO AS TO PROVIDE SCHOOL BOARD TRUSTEES AND SCHOOL OFFICIALS SHALL COMPLY WITH CERTAIN ETHICS PROVISIONS APPLICABLE TO PUBLIC OFFICERS AND EMPLOYEES; BY ADDING SECTION 8-13-810 SO AS TO PROVIDE THE STATE BOARD OF EDUCATION SHALL NOTIFY THE STATE ETHICS COMMISSION OF ANY SCHOOL BOARD TRUSTEE WHO FAILS TO COMPLETE REQUIRED ETHICS TRAINING, TO PROVIDE FAILURE OF A SCHOOL BOARD MEMBER TO COMPLETE THIS TRAINING CONSTITUTES A VIOLATION OF THE STATE ETHICS ACT AND SUBJECTS THE MEMBER TO CERTAIN CIVIL AND CRIMINAL PENALTIES, TO PROVIDE THE COMMISSION ALSO MAY IMPOSE ORAL OR WRITTEN WARNINGS OR REPRIMANDS, AND TO PROVIDE TRUSTEES MUST BE PROVIDED NOTICE AND OPPORTUNITY FOR A HEARING BEFORE THEIR POSITION ON THE SCHOOL BOARD MAY BE TERMINATED FOR VIOLATIONS OF THE STATE ETHICS ACT; TO AMEND SECTION 1-3-240, RELATING TO STATE AND COUNTY OFFICIALS SUBJECT TO REMOVAL FROM OFFICE BY THE GOVERNOR IN CERTAIN CIRCUMSTANCES, SO AS TO INCLUDE SCHOOL BOARD TRUSTEES; TO AMEND SECTION 59-19-45, RELATING TO MANDATORY ORIENTATION FOR SCHOOL BOARD MEMBERS, SO AS TO PROVIDE THE STATE BOARD OF EDUCATION SHALL ADOPT A MODEL TRAINING PROGRAM FOR SCHOOL BOARD MEMBERS WHICH DISTRICTS SHALL ADOPT, TO PROVIDE SCHOOL DISTRICTS SHALL ADOPT LOCAL TRAINING PROGRAMS, AND TO PROVIDE SCHOOL DISTRICTS SHALL PROVIDE SUCH TRAINING TO BOARD MEMBERS WITHIN ONE YEAR AFTER TAKING OFFICE; TO AMEND SECTION 59-19-60, RELATING TO THE REMOVAL OF SCHOOL DISTRICT TRUSTEES, SO AS TO REVISE THE GROUNDS FOR REMOVAL, THE MANNER OF REMOVAL, AND PROVISIONS CONCERNING THE FILLING OF SEATS VACATED BY REMOVAL, AMONG OTHER THINGS; BY ADDING SECTION 59-1-444 SO AS TO PROVIDE THE DEPARTMENT SHALL POST ALL REPORTS, STUDIES, PUBLISHED FINDINGS, MEMORANDA, GUIDELINES, RULES, AND CERTAIN OTHER DOCUMENTS ON ITS INTERNET WEBSITE WITHIN TWENTY-FOUR HOURS AFTER BEING MADE PUBLIC, TO PROVIDE THE POSTING MUST BE IN A CERTAIN FORM AND MANNER EASILY LOCATABLE AND ACCESSIBLE FOR VIEWING AND DOWNLOADING BY THE PUBLIC, AND TO SUBJECT THE DEPARTMENT TO CERTAIN MONETARY FINES FOR NONCOMPLIANCE; TO AMEND SECTION 59-19-90, AS AMENDED, RELATING TO GENERAL POWERS AND DUTIES OF LOCAL SCHOOL DISTRICT BOARD OF TRUSTEES MEMBERS, SO AS TO PROVIDE RULES ADOPTED BY THESE BOARDS MUST ALIGN WITH APPLICABLE STATE AND FEDERAL ACCOUNTABILITY STANDARDS; AND TO REPEAL ARTICLE 15 OF CHAPTER 18, TITLE 59 RELATING TO INTERVENTION AND ASSISTANCE UNDER THE EDUCATION ACCOUNTABILITY ACT AND SECTION 59-59-30 RELATING TO IMPLEMENTATION OF THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT.

Read the first time and referred to the Committee on Education.

H. 4054 (Word version) -- Rep. Sandifer: A JOINT RESOLUTION TO ALLOW FOR THE SUBMISSION OF LESS THAN THREE QUALIFIED APPLICANTS TO THE GOVERNOR TO SERVE AS EXECUTIVE DIRECTOR OF THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4118 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO BOARD OF EXAMINERS FOR LICENSURE OF PROFESSIONAL COUNSELORS AND MARITAL AND FAMILY THERAPISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4862, 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. 4119 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY, RELATING TO GENERAL LICENSING PROVISIONS; SPEECH-LANGUAGE PATHOLOGY ASSISTANTS; AND CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4858, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4122 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - PANEL FOR DIETETICS, RELATING TO LICENSURE BY REGISTRATION; AND LICENSURE BY ENDORSEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 4851, 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. 4124 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF PHARMACY, RELATING TO ADMINISTRATIVE CITATIONS AND PENALTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4822, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4188 (Word version) -- Reps. Gagnon, West, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR CHANDLER SMALLEY FOR AN EXTRAORDINARY SEASON AND TO CONGRATULATE HIM FOR WINNING THE 2019 SOUTH CAROLINA HIGH SCHOOL LEAGUE CLASS AA/A INDIVIDUAL STATE CHAMPIONSHIP TITLE.

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

H. 4190 (Word version) -- Rep. McDaniel: A CONCURRENT RESOLUTION TO COMMEND THE RICHLAND COUNTY ALUMNAE CHAPTER OF DELTA SIGMA THETA SORORITY, INCORPORATED FOR TWENTY-FIVE YEARS OF OUTSTANDING PUBLIC SERVICE TO THE COMMUNITY, TO WISH ITS MEMBERS MANY YEARS OF CONTINUED GROWTH AND DEVELOPMENT, AND TO DESIGNATE APRIL 24TH AS RICHLAND COUNTY ALUMNAE CHAPTER, DELTA SIGMA THETA SORORITY, INCORPORATED DAY.

The Concurrent Resolution was introduced and referred to the Committee on Operations and Management.

REPORTS OF STANDING COMMITTEES

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

S. 162 (Word version) -- Senators Bennett and Johnson: A BILL TO AMEND SECTION 12-37-2615 OF THE 1976 CODE, RELATING TO PENALTIES FOR FAILURE TO REGISTER A MOTOR VEHICLE, TO PROVIDE THAT A PERSON WHO FAILS TO REGISTER A MOTOR VEHICLE IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL BE FINED NOT MORE THAN FIVE HUNDRED DOLLARS OR IMPRISONED FOR A PERIOD NOT TO EXCEED THIRTY DAYS, OR BOTH.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

S. 440 (Word version) -- Senators Talley and Reese: A BILL TO AMEND SECTION 12-65-20(4) AND (8) OF THE 1976 CODE, RELATING TO DEFINITIONS FOR THE SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT, TO PROVIDE THAT A CERTAIN CAP ON REHABILITATION EXPENSES ONLY APPLIES TO CERTAIN REHABILITATED BUILDINGS ON CONTIGUOUS PARCELS.

Ordered for consideration tomorrow.

Senator GROOMS from the Committee on Transportation submitted a favorable with amendment report on:

S. 509 (Word version) -- Senator Grooms: A BILL TO AMEND ARTICLE 4, CHAPTER 15, TITLE 56 OF THE 1976 CODE, RELATING TO NONFRANCHISE AUTOMOBILE DEALER PRE-LICENSING, BY ADDING SECTION 56-15-415, TO PROVIDE THAT AN APPLICANT FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE MUST COMPLETE PRELICENSING EDUCATION COURSES BEFORE HE MAY BE ISSUED A LICENSE, TO PROVIDE THAT CERTAIN EDUCATIONAL REQUIREMENTS MUST BE SATISFIED BEFORE A LICENSE MAY BE RENEWED, AND TO PROVIDE THAT A PERSON WHO PROVIDES EDUCATION COURSES MUST BE AFFILIATED WITH A NATIONAL OR STATE INDUSTRY TRADE ASSOCIATION; AND TO AMEND SECTIONS 56-15-430, 56-15-440, AND 56-15-450 OF THE 1976 CODE, RELATING TO THE APPLICABILITY OF THE PROVISIONS THAT REGULATE NONFRANCHISE AUTOMOBILE DEALER PRELICENSING TO FRANCHISED AUTOMOBILE DEALERS, NONFRANCHISED AUTOMOBILE DEALERS OWNED AND OPERATED BY A FRANCHISED AUTOMOBILE DEALER, NONFRANCHISED AUTOMOBILE DEALERS WHOSE PRIMARY BUSINESS IS MOTOR VEHICLE SALVAGE, AND NONFRANCHISED AUTOMOBILE DEALERS WHOSE PRIMARY BUSINESS OBJECTIVE AND SUBSTANTIAL BUSINESS ACTIVITY IS IN THE RENTAL OF MOTOR VEHICLES, TO PROVIDE THAT CERTAIN EDUCATION REQUIREMENTS DO NOT APPLY TO THESE AUTOMOBILE DEALERS.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H. 3595 (Word version) -- Reps. Elliott, G.M. Smith, Simrill, Stavrinakis, Loftis, Clemmons, Erickson, West, Bannister and Forrest: A BILL TO AMEND SECTION 12-6-3585, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INDUSTRY PARTNERSHIP FUND TAX CREDIT, SO AS TO INCREASE THE AGGREGATE ANNUAL CREDIT AMOUNT.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

H. 3985 (Word version) -- Reps. Lucas, G.M. Smith and Stavrinakis: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE INTERNAL REVENUE CODE TO STATE INCOME TAX LAWS, SO AS TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE TO THE YEAR 2018 AND TO PROVIDE THAT IF THE INTERNAL REVENUE CODE SECTIONS ADOPTED BY THIS STATE ARE EXTENDED, THEN THESE SECTIONS ALSO ARE EXTENDED FOR SOUTH CAROLINA INCOME TAX PURPOSES.

Ordered for consideration tomorrow.

Appointments Reported

Senator HEMBREE from the Committee on Education submitted a favorable report on:

Statewide Appointments

Initial Appointment, South Carolina Commission on Higher Education, with the term to commence July 1, 2016, and to expire July 1, 2020
At-Large/Chairman:
Robert Wesley Hayes, 1486 Cureton Dr., Rock Hill, SC 29732-7754 VICE Tim M. Hofferth

Received as information.

Initial Appointment, South Carolina Commission on Higher Education, with the term to commence June 30, 2018, and to expire June 30, 2020
Independent College:
Mark A. Smith, Columbia International University, 7435 Monticello Rd., Columbia, SC 29203-1599 VICE Evans P. Whitaker

Received as information.

Message from the House

Columbia, S.C., March 7, 2019

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.4, S. 335 by a vote of 95 to 1:

(R4, S335 (Word version)) -- Senator Massey: AN ACT TO AMEND ACT 516 OF 1976, RELATING TO THE ELECTION OF COMMISSIONERS OF THE BATH, LANGLEY, AND CLEARWATER WATER AND SEWER DISTRICTS IN AIKEN COUNTY, SO AS TO CHANGE THE COMMENCEMENT DATE OF EACH COMMISSIONER'S TERM OF OFFICE TO JANUARY FIRST IN THE YEAR FOLLOWING THE COMMISSIONER'S ELECTION AND TO CHANGE THE TERM EXPIRATION DATE TO DECEMBER THIRTY-FIRST OF EACH EVEN-NUMBERED YEAR; AND TO AMEND ACT 1006 OF 1958, RELATING TO THE ELECTION OF COMMISSIONERS OF THE BATH, LANGLEY, AND CLEARWATER WATER AND SEWER DISTRICTS IN AIKEN COUNTY, SO AS TO CHANGE THE COMMENCEMENT DATE OF EACH COMMISSIONER'S TERM TO JANUARY FIRST IN THE YEAR FOLLOWING THE COMMISSIONER'S ELECTION, TO CHANGE THE ELECTION DATE FOR COMMISSIONERS TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER AND TO PROVIDE FOR STAGGERED TERMS, TO REVISE THE PROCEDURES FOR ADVERTISING ELECTIONS FOR COMMISSIONERS IN A NEWSPAPER OF GENERAL CIRCULATION, TO REQUIRE COMMISSION CANDIDATES TO FILE STATEMENTS OF INTENTION OF CANDIDACY WITH THE AIKEN COUNTY BOARD OF VOTER REGISTRATION AND ELECTIONS, AND TO ESTABLISH THE FILING PERIOD FOR THE ELECTION OF COMMISSIONERS.
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCES

S. 31 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO RECOGNIZE MAY 12, 2019, AS "MYALGIC ENCEPHALOMYELITIS AWARENESS DAY" AND THE MONTH OF MAY, ANNUALLY, AS "MYALGIC ENCEPHALOMYELITIS AWARENESS MONTH" IN SOUTH CAROLINA IN ORDER TO HELP SPREAD AWARENESS OF THE DISEASE AND THE NEED FOR INCREASED RESEARCH FUNDING AND TO SUPPORT INDIVIDUALS LIVING WITH MYALGIC ENCEPHALOMYELITIS.

Returned with concurrence.

Received as information.

S. 532 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE MAY 2019 AS "MENTAL HEALTH MONTH" IN SOUTH CAROLINA IN ORDER TO RAISE AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL INDIVIDUALS WITH MENTAL ILLNESS.

Returned with concurrence.

Received as information.

S. 578 (Word version) -- Senators Shealy, Setzler and Peeler: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SOUTH CAROLINA SENATE AND HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 14, 2019.

Returned with concurrence.

Received as information.

S. 618 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE AND CELEBRATE THE TWENTY-FIFTH ANNIVERSARY OF THE SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION AS A STATE AGENCY AND TO COMMEND DIRECTOR EMILY H. FARR, THE AGENCY'S EMPLOYEES, AND ALL FORMER AGENCY LEADERS AND PUBLIC SERVANTS WHO HAVE CONTRIBUTED TO THE AGENCY'S SUCCESSES.

Returned with concurrence.

Received as information.

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

OBJECTION

S. 105 (Word version) -- Senators Campbell, Sheheen, Verdin and Rankin: A BILL TO AMEND CHAPTER 1, TITLE 47 OF THE 1976 CODE, RELATING TO CRUELTY TO ANIMALS, BY ADDING SECTION 47-1-225, TO PROVIDE THAT, EVERY FOUR YEARS, MAGISTRATES AND MUNICIPAL COURT JUDGES MUST RECEIVE AT LEAST TWO HOURS OF INSTRUCTION ON ISSUES CONCERNING ANIMAL CRUELTY; TO AMEND CHAPTER 1, TITLE 47 OF THE 1976 CODE, RELATING TO CRUELTY TO ANIMALS, BY ADDING ARTICLE 2, TO PROVIDE REQUIREMENTS FOR TETHERING A DOG AND TO PROVIDE PENALTIES FOR CRUELLY TETHERING A DOG; TO AMEND SECTION 47-3-60 OF THE 1976 CODE, RELATING TO THE DISPOSITION OF QUARANTINED OR IMPOUNDED ANIMALS, TO PROVIDE THAT, UNDER CERTAIN CIRCUMSTANCES, A LITTER OF UNIDENTIFIABLE DOGS OR CATS FOUR MONTHS OF AGE OR YOUNGER MAY BE TURNED OVER TO AN ORGANIZATION, AND TO PROVIDE FOR THE STERILIZATION OF STRAY CATS; TO AMEND CHAPTER 1, TITLE 47 OF THE 1976 CODE, RELATING TO CRUELTY TO ANIMALS, BY ADDING SECTION 47-1-145, TO PROVIDE THAT ANY PERSON, ORGANIZATION, OR OTHER ENTITY THAT IS AWARDED CUSTODY OF AN ANIMAL AND THAT PROVIDES SERVICES TO AN ANIMAL WITHOUT COMPENSATION MAY FILE A PETITION WITH THE COURT REQUESTING THAT THE DEFENDANT, IF FOUND GUILTY, BE ORDERED TO DEPOSIT FUNDS IN AN AMOUNT SUFFICIENT TO SECURE PAYMENT OF ALL THE REASONABLE EXPENSES INCURRED BY THE CUSTODIAN; TO AMEND SECTION 56-3-9600(B) OF THE 1976 CODE, RELATING TO THE SPECIAL FUND TO SUPPORT LOCAL ANIMAL SPAYING AND NEUTERING PROGRAMS, TO PROVIDE THAT AN AGENCY MAY APPLY FOR UP TO TWO THOUSAND DOLLARS PER GRANT APPLICATION AND MAY APPLY FOR MULTIPLE GRANTS DURING A FISCAL YEAR, TO PROVIDE THAT GRANTS MUST BE FULFILLED WITHIN SIX MONTHS OF RECEIVING FUNDS, AND TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE SHALL ENCOURAGE TIER 3 AND TIER 4 COUNTIES TO PARTICIPATE IN THE GRANT PROGRAM; TO AMEND SECTION 40-69-30 OF THE 1976 CODE, RELATING TO LICENSING REQUIREMENTS TO PRACTICE VETERINARY MEDICINE, TO PROVIDE THAT, DURING AN EMERGENCY OR NATURAL DISASTER, A VETERINARIAN OR VETERINARY TECHNICIAN WHO IS NOT LICENSED IN THIS STATE, BUT IS LICENSED AND IN GOOD STANDING IN ANOTHER JURISDICTION, MAY PRACTICE VETERINARY MEDICINE RELATED TO THE RESPONSE EFFORTS IN LOCATIONS IN THIS STATE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 47-3-470(3), SECTION 47-3-480, AND SECTION 47-3-490 OF THE 1976 CODE, ALL RELATING TO THE STERILIZATION OF DOGS AND CATS, TO REPLACE THE TERM "ANIMAL REFUGE" WITH "RESCUE ORGANIZATION"; TO AMEND CHAPTER 3, TITLE 47 OF THE 1976 CODE, RELATING TO DOGS AND OTHER DOMESTIC PETS, BY ADDING ARTICLE 16, TO PROVIDE FOR SHELTER STANDARDS AND TO PROVIDE THAT ANIMAL CONTROL OFFICERS SHALL HAVE THE DUTY TO ENFORCE SHELTER STANDARDS, INCLUDING THE INVESTIGATION OF COMPLAINTS AGAINST, AND THE INSPECTION OF, ANIMAL SHELTERING FACILITIES; AND TO DEFINE NECESSARY TERMS.

The Senate proceeded to the consideration of the Bill.

Senator RICE explained the Bill.

Senator FANNING objects to further consideration of the Bill.

CARRIED OVER

S. 475 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 50-5-1705 OF THE 1976 CODE, RELATING TO CATCH LIMITS FOR ESTUARINE AND SALTWATER FINFISH, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR HAVE IN POSSESSION MORE THAN THREE TRIPLETAIL IN ANY ONE DAY, NOT TO EXCEED NINE TRIPLETAIL IN ANY ONE DAY ON ANY BOAT; AND TO AMEND SECTION 50-5-1710(B) OF THE 1976 CODE, RELATING TO SIZE LIMITS FOR ESTUARINE AND SALTWATER FINFISH, TO PROVIDE THAT IT IS UNLAWFUL TO TAKE, POSSESS, LAND, SELL, PURCHASE, OR ATTEMPT TO SELL OR PURCHASE TRIPLETAIL OF LESS THAN EIGHTEEN INCHES IN TOTAL LENGTH.

On motion of Senator KIMPSON, the Bill was carried over.

COMMITTEE AMENDMENT WITHDRAWN
AMENDED AND CARRIED OVER

S. 132 (Word version) -- Senators Davis, Nicholson, Hutto, M.B. Matthews, Kimpson, Alexander and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "PA ACT OF 2019" BY ADDING SECTION 40-47-936 SO AS TO PROVIDE CERTAIN ORDERS PHYSICIAN ASSISTANTS MAY PLACE TO BE PERFORMED BY LICENSED PERSONNEL PURSUANT TO THE SCOPE OF PRACTICE OF THE PHYSICIAN ASSISTANT; BY ADDING SECTION 40-47-1025 SO AS TO PROVIDE CERTAIN PROVISIONS MAY NOT BE CONSTRUED TO LIMIT THE EMPLOYMENT ARRANGEMENT OF PHYSICIAN ASSISTANTS; BY ADDING SECTION 40-47-1030 SO AS TO PROVIDE THE BOARD OF MEDICAL EXAMINERS MAY APPROVE PHYSICIAN ASSISTANTS TO ENTER INTO NONDISCIPLINARY ALTERNATIVE PROGRAMS AND TO PROVIDE CONFIDENTIALITY OF RELATED RECORDS; BY ADDING SECTION 40-47-1035 SO AS TO PROVIDE PHYSICIAN ASSISTANTS MAY BE CONSIDERED PRIMARY CARE PROVIDERS OR MENTAL HEALTH PROVIDERS WHEN PRACTICING IN THE MEDICAL SPECIALTIES REQUIRED FOR PHYSICIANS TO BE PRIMARY CARE PROVIDERS OR MENTAL HEALTH PROVIDERS, AND TO CLARIFY THE AFFECT ON RELATED WORKING RELATIONSHIPS AND SCOPES OF PRACTICE; BY ADDING SECTION 40-47-1040 SO AS TO PROVIDE THE BOARD MAY MAKE SPECIAL PROVISIONS FOR LICENSURES OF APPLICANTS WHO HAVE BEEN CLINICALLY INACTIVE FOR MORE THAN TWENTY-FOUR MONTHS, TO PROVIDE REQUIREMENTS FOR THESE SPECIAL PROVISIONS, AND TO PROVIDE PHYSICIAN ASSISTANTS WHO HAVE BEEN FULL-TIME EMPLOYEES OF CERTAIN ACCREDITED EDUCATIONAL PROGRAMS MAY NOT BE CONSIDERED TO HAVE BEEN CLINICALLY INACTIVE FOR LICENSURE OR LICENSE RENEWAL PURPOSES; TO AMEND SECTION 40-47-195, AS AMENDED, RELATING TO SUPERVISING PHYSICIANS IN SCOPE OF PRACTICES, SO AS TO REVISE RELATED REQUIREMENTS; TO AMEND SECTION 40-47-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING PHYSICIANS AND MISCELLANEOUS HEALTH CARE PROFESSIONALS, SO AS TO REVISE NECESSARY TERMS; TO AMEND SECTION 40-47-113, RELATING TO THE ESTABLISHMENT OF PHYSICIAN-PATIENT RELATIONSHIPS, SO AS TO MAKE A CONFORMING CHANGE; TO AMEND SECTION 40-47-910, RELATING TO DEFINITIONS IN THE PHYSICIAN ASSISTANTS PRACTICE ACT, SO AS TO REVISE AND PROVIDE NECESSARY DEFINITIONS; TO AMEND SECTION 40-47-915, RELATING TO THE APPLICABILITY OF THE PHYSICIAN ASSISTANTS PRACTICE ACT, SO AS TO REVISE THE CRITERIA FOR PERSONS SUBJECT TO THE ACT; TO AMEND SECTION 40-47-925, RELATING TO THE PHYSICIAN ASSISTANT ADVISORY COMMITTEE TO THE BOARD, SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 40-47-930, RELATING TO THE POWERS AND DUTIES OF THE COMMITTEE AND BOARD, SO AS TO REVISE THE REQUIREMENTS AND MAKE CONFORMING CHANGES; TO AMEND SECTION 40-47-935, AS AMENDED, RELATING TO ACTS AND DUTIES THAT PHYSICIAN ASSISTANTS ARE AUTHORIZED TO PERFORM, SO AS TO EXPAND THE RANGE OF THESE ACTS AND DUTIES; TO AMEND SECTION 40-47-938, RELATING TO SUPERVISORY RELATIONSHIPS, SO AS TO REVISE THE REQUIREMENTS FOR THESE RELATIONSHIPS; TO AMEND SECTION 40-47-940, RELATING TO THE LICENSURE APPLICATION PROCESS AND TEMPORARY LICENSES, SO AS TO REVISE THE PROCESS AND PROVIDE REQUIREMENTS FOR EMERGENCY LICENSES; TO AMEND SECTION 40-47-945, RELATING TO CONDITIONS FOR GRANTING PERMANENT LICENSES FOR PHYSICIAN ASSISTANTS, SO AS TO REVISE THE REQUIREMENTS; TO AMEND SECTION 40-47-950, RELATING TO LIMITED PHYSICIAN ASSISTANT LICENSES, SO AS TO ELIMINATE CERTAIN REQUIREMENTS FOR THESE LICENSES, MODIFY THE ROLE OF SUPERVISING PHYSICIANS, AND MAKE CONFORMING CHANGES; TO AMEND SECTION 40-47-955, AS AMENDED, RELATING TO SCOPE OF PRACTICE, SO AS TO REVISE THE REQUIREMENTS AND INCLUDE REQUIREMENTS CONCERNING TELEMEDICINE, AMONG OTHER THINGS; TO AMEND SECTION 40-47-960, RELATING TO REQUIRED CONTENT IN SCOPE OF PRACTICES, SO AS TO REVISE THE REQUIRED CONTENT AND PROVIDE SCOPE OF PRACTICES MAY BE IN WRITTEN OR ELECTRONIC FORMAT; TO AMEND SECTION 40-47-965, RELATING TO REQUIREMENTS OF PHYSICIAN ASSISTANTS WHEN PRESCRIBING CERTAIN TREATMENTS, SO AS TO EXPAND THE AUTHORITY OF PHYSICIAN ASSISTANTS TO PRESCRIBE SUCH TREATMENTS; TO AMEND SECTION 40-47-970, RELATING TO MEDICAL TASKS, ACTS, AND FUNCTIONS THAT PHYSICIAN ASSISTANTS MAY PERFORM, SO AS TO ELIMINATE RESTRICTIONS ON PRESCRIBING CERTAIN CONTROLLED SUBSTANCES AND RESTRICTIONS ON PERFORMING ACTS OUTSIDE THE USUAL PRACTICE OF THEIR SUPERVISING PHYSICIANS; TO AMEND SECTION 40-47-985, RELATING TO UNSCHEDULED INSPECTIONS THAT THE BOARD MAY MAKE OF FACILITIES EMPLOYING PHYSICIAN ASSISTANTS, SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 40-47-990, RELATING TO THE IDENTIFICATION OF PHYSICIAN ASSISTANTS, SO AS TO REVISE THE REQUIREMENTS AND PROVIDE FOR EXCEPTIONS DURING UNPLANNED EMERGENCIES; TO AMEND SECTION 40-47-1000, RELATING TO UNLAWFUL REPRESENTATION OF ONESELF AS A PHYSICIAN ASSISTANT, SO AS TO ALLOW THAT PERSONS WHO MEET THE QUALIFICATIONS OF CHAPTER 47, TITLE 40 MAY REPRESENT THEMSELVES AS BEING PHYSICIAN ASSISTANTS, BUT MAY NOT PERFORM PHYSICIAN ASSISTANT ACTS; TO AMEND SECTION 40-47-1005, RELATING TO GROUNDS FOR MISCONDUCT MANDATING DISCIPLINE, SO AS TO REVISE THESE GROUNDS; TO AMEND SECTION 40-47-1015, RELATING TO LICENSURE FEES, SO AS TO REVISE THE FEES; TO AMEND SECTION 40-47-1020, RELATING TO THIRD PARTY REIMBURSEMENTS OF PHYSICIAN ASSISTANTS, SO AS TO MAKE CONFORMING CHANGES; AND TO REPEAL SECTION 40-47-995 RELATING TO THE TERMINATION OF SUPERVISORY RELATIONSHIPS BETWEEN PHYSICIANS AND PHYSICIAN ASSISTANTS.

The Senate proceeded to the consideration of the Bill.

The Committee on Medical Affairs proposed the following amendment (132R001.SP.TD) which was withdrawn:

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

/     SECTION   1.   Section 40-47-195 of the 1976 Code is amended to read:

"Section 40-47-195.   (A)   A licensee who supervises another practitioner shall hold a permanent, active, unrestricted authorization to practice in this State and be currently engaged in the active practice of their respective profession or shall hold an active unrestricted academic license to practice medicine in this State.

(B)   Pursuant to this chapter, only licensed physicians may supervise another practitioner who performs delegated medical acts in accordance with the practitioner's applicable scope of professional practice authorized by state law. It is the supervising physician's responsibility to ensure that delegated medical acts to other practitioners are performed under approved written scope of practice guidelines or approved written protocol in accordance with the applicable scope of professional practice authorized by state law. A copy of approved written scope of practice guidelines or approved written protocol, dated and signed by the supervising physician and the practitioner, must be provided to the board by the supervising physician within seventy-two hours of request by a representative of the department or board.

(C)   In evaluating a written guideline or protocol, the board and supervising physician or medical staff shall consider the:

(1)   training and experience of the supervising physician;

(2)   nature and complexity of the delegated medical acts being performed;

(3)   geographic proximity of the supervising physician to the supervised practitioner; when the supervising physician is not located at the same site as the supervised practitioner, special consideration must be given to the manner in which the physician intends to monitor the practitioner, and prior board approval must be received for this practice unless otherwise provided in this chapter; and

(4)   number of other practitioners the physician or medical staff supervises. Reference must be given to the number of supervised practitioners, as prescribed by law. When the supervising physician assumes responsibility for more than the number of practitioners prescribed by law, special consideration must be given to the manner in which the physician intends to monitor, and prior board approval must be received for this practice.

(D)(1)   A physician or medical staff who is engaged in practice with an a PA, NP, CNM, or CNS must:

(a)(i)   hold permanent, active, and unrestricted authorization to practice medicine in this State and be actively practicing medicine within the geographic boundaries of this State; or

(ii)   hold an active, unrestricted academic license to practice medicine in this State and be actively practicing medicine within the geographic boundaries of this State;

(b)   have in place prior to beginning practice and during its continuation a practice agreement as defined in Section 40-47-20(35) or scope of practice guidelines as defined in Section 40-47-20(5), a copy of which the physician must make available to the board within seventy-two hours of a request;

(c)   not enter into scope of practice guidelines or practice agreements with more than the equivalent of six full-time PAs, NPs, CNMs, or CNSs and must not practice in a situation in which the number of NPs, CNMs, or CNSs providing clinical services with whom the physician is working, combined with the number of physician assistants PAs providing clinical services whom the physician is supervising, is greater than six individuals at any one time, provided, however, that the board may approve an exception to these requirements upon application by the physician, if the board determines that an exception is warranted and that quality of care and patient safety will be maintained;

(d)   not enter into a practice agreement with an a PA, NP, CNM, or CNS performing a medical act, task, or function that is outside the usual practice of that physician or outside of the physician's training or experience, provided, however, that the board may approve an exception to this requirement upon application by the physician, if the board determines that an exception is warranted and that quality of care and patient safety will be maintained; and

(e)   maintain responsibility in the practice agreement for the health care delivery team pursuant to rules and regulations of the Board of Medical Examiners.

(2)   The board is authorized to conduct random audits of scope of practice guidelines and practice agreements."

SECTION   6.   Article 7, Chapter 47, Title 40 of the 1976 Code is amended to read:

"Section 40-47-905.   This article may be cited as the 'South Carolina Physician Assistants Practice Act'.

Section 40-47-910.   As used in this article:

(1)   'Alternate physician supervisor' or 'alternate supervising physician' means a South Carolina licensed physician currently possessing an active, unrestricted permanent license to practice medicine in South Carolina who accepts the responsibility to supervise a physician assistant's PA's activities in the absence of the supervising physician and this physician is approved by the physician supervisor in writing in the scope of practice guidelines.

(2)   'Board' means the Board of Medical Examiners of South Carolina.

(3)   'Committee' means the Physician Assistant Committee as established by this article as an advisory committee responsible to the board.

(4)   'Immediate consultation' means a supervising physician must be available for direct communication by telephone or other means of telecommunication.

(5)   'NCCPA' means the National Commission on Certification of Physician Assistants, Inc., the agency recognized to examine and evaluate the education of physician assistants PAs, or its successor organization as recognized by the board.

(6)   'Physician assistant' or 'PA' means a health care professional licensed to assist in the practice of medicine with a physician supervisor.

(7)   'Physician supervisor' or 'supervising physician' means a South Carolina licensed physician currently possessing an active, unrestricted permanent license to practice medicine in South Carolina who is approved to serve as a supervising physician for no more than three full-time equivalent physician assistants. The physician supervisor is the individual who is responsible for supervising a physician assistant's PA's activities.

(8)   'Supervising' means overseeing the activities of, and accepting responsibility for, the medical services rendered by a physician assistant PA as part of a physician led team in a manner approved by the board.

Section 40-47-915.   This article does not apply to a person:

(1)   who is employed as a physician assistant PA by the United States Government, where such services are provided solely under the direction or control of the United States Government.

(2)   pursuing a course of study leading to a degree or certificate to practice as a physician assistant in a program approved accredited by the Commission on Accreditation of Allied Health Education Programs or its successor agency, where such activities and services constitute a part of a supervised course of study; Accreditation Review Commission on Education for the Physician Assistant, or its successor agency, provided, however, the person must be clearly identified by a badge or other adornment with that person's name and the words 'Physician Assistant Student' clearly legible. The badge or adornment must be at least one inch by three inches in size.

Section 40-47-920.   The Director of the Department of Labor, Licensing and Regulation may employ additional staff as necessary for the performance of the department's duties under this article.

Section 40-47-925.   (A)   There is created the Physician Assistant Committee as an advisory committee to the board which consists of nine members to be appointed by the Board of Medical Examiners. Three of the members must be licensed physician assistants PAs with a minimum of three years of patient care experience in this State. Two members must be consumers, and three members must be physicians who are licensed to practice in this State. Of the three physician members, at least one two must regularly employ a physician assistant PA. One member of the Board of Medical Examiners shall serve on the committee ex officio. All organizations, groups, or interested individuals may submit recommendations to the board of at least two individuals for each position to be filled on the committee.

(B)   The members shall serve for terms of four years and until their successors are appointed and qualify, except the initial term of two physician assistants PAs, the consumer member, and one physician are for two years. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. The board, after notice and opportunity for hearing, may remove any member of the committee for negligence, neglect of duty, incompetence, revocation or suspension of license, or other dishonorable conduct. Members of the committee shall receive mileage, subsistence, and per diem as provided by law for members of state boards, commissions, and committees for each meeting attended. No member may serve more than two full four-year terms consecutively, but may be eligible for reappointment four years from the date the last full four-year term expired.

(C)   The committee shall meet at least two times yearly and at other times as may be necessary. A quorum for all meetings shall consist of five members. At its initial meeting, and at the beginning of each year thereafter, the committee shall elect from its membership a chairman, vice chairman, and secretary to serve for a term of one year.

(D)   The committee shall receive and account for all monies under the provisions of this article and shall pay all monies collected to the board for deposit with the State Treasurer as provided for by law.

Section 40-47-930.   (A)   The committee shall evaluate the qualifications and supervise the examinations of applicants for licensure and make recommendations to the board.

(B)   The board may issue subpoenas, examine witnesses, and administer oaths and may investigate allegations of practices violating the provisions of this article.

(C)   The committee:

(1)   may recommend regulations to the board relating to professional conduct to carry out the provisions of this article including, but not limited to, professional certification and the establishment of ethical standards of practice for persons holding a license to practice as physician assistants PAs in this State;

(2)   shall conduct hearings and keep records and minutes necessary to carry out its functions;

(3)   shall provide notice of all hearings authorized under this article pursuant to the Administrative Procedures Act;

(4)   shall determine the qualifications and make recommendations regarding the issuance of licenses to qualified physician assistants PAs;

(5)   shall recommend to the board whether to issue or renew licenses under those conditions prescribed in this article;

(6)   may recommend requirements to the board for continuing professional education of physician assistants PAs to the board;

(7)   shall keep a record of its proceedings and a register of all licensees, including their names and last known places of employment and residence. The board shall annually compile and make available on its website a list of physician assistants PAs authorized to practice in this State. An interested person may obtain a copy of this list upon application to the board and payment of an amount sufficient to cover the cost of printing and mailing;

(8)   shall report annually to the board on duties performed, actions taken, and recommendations;

(9)   shall hear disciplinary cases and recommend findings of fact, conclusions of law, and sanctions to the board. The board shall conduct a final hearing at which it shall make a final decision; and

(10)   shall perform such duties and tasks as may be delegated to the committee by the board.

Section 40-47-935.   (A)   Physician assistants PAs may perform:

(1)   medical acts, tasks, or functions with within written scope of practice guidelines under physician supervision;

(2)   those duties and responsibilities, including the prescribing and dispensing of drugs and medical devices, that are lawfully delegated by their supervising physicians; provided, however, only physician assistants PAs holding a permanent license may prescribe drug therapy as provided in this article; and

(3)   telemedicine in accordance with the requirements of Section 40-47-37 including, but not limited to, Section 40-47-37(C)(6) requiring board authorization prior to prescribing Schedule II and Schedule III prescriptions,; Section 40-47-113, approved written scope of practice guidelines, and pursuant to all physician supervisory requirements imposed by this chapter.

(B)   Notwithstanding any provisions of state law other than this chapter, and to the extent permitted by federal law, a PA may perform the following medical acts unless otherwise provided in the scope of practice guidelines:

(1)   provide non-controlled prescription drugs at an entity that provides free medical care for indigent patients;

(2)   certify that a student is unable to attend school but may benefit from receiving instruction given in his home or hospital;

(3)   refer a patient to physical therapy for treatment;

(4)   pronounce death, certify the manner and cause of death, and sign death certificates;

(5)   issue an order for a patient to receive appropriate services from a licensed hospice as defined in Chapter 71, Title 44;

(6)   certify that an individual is handicapped and declare that the handicap is temporary or permanent for the purposes of the individual's application for a placard; and

(7)   execute a do not resuscitate order pursuant to the provisions of Chapter 78, Title 44.

A physician assistant is an agent of his or her supervising physician in the performance of all practice related activities including, but not limited to, the ordering of diagnostic, therapeutic, and other medical services.

(C)(1)   If provided in the scope of practice guidelines, a PA may delegate the following tasks to unlicensed assistive personnel to be performed under the PA's supervision:

(a)   meeting patients' needs for personal hygiene;

(b)   meeting patients' needs relating to nutrition;

(c)   meeting patients' needs relating to ambulation;

(d)   meeting patients' needs relating to elimination;

(e)   taking vital signs;

(f)   maintaining asepsis; and

(g)   observing, recording, and reporting any of the tasks enumerated in this subsection.

(2)   A PA may not delegate the administration of medication to unlicensed assistive personnel.

(D)   A PA is an agent of his supervising physician in the performance of all practice related activities including, but not limited to, the ordering of diagnostic, therapeutic, and other medical services.

(E)   A PA may sign specified documents on behalf of the supervising physician or alternate supervising physician if authorized in the scope of practice guidelines.

Section 40-47-938.   (A)   A physician currently possessing an active, unrestricted permanent license to practice medicine under the provisions of this chapter, who accepts the responsibility to supervise a physician assistant's PA's activities, must enter into a supervisory relationship with a physician assistant PA licensed pursuant to this article, subject to approval of scope of practice guidelines by the board. The physician must notify the board, in writing, of the proposed supervisory relationship and include the proposed scope of practice guidelines for the relationship. Upon receipt of board approval, the The physician assistant PA may begin clinical practice with the named supervising physician and alternate physicians ten business days after the scope of practice guidelines have been submitted to the board and until a final determination is made by the board.

(B)   A supervising physician may determine that there are additional medical acts, tasks, or functions for which a physician assistant PA under the physician's supervision needs additional training or education to meet the needs of the physician's practice and that the physician would like to incorporate into the physician assistant's PA's scope of practice guidelines. The physician must determine, in consultation with the physician assistant PA, the means of educating the physician assistant, which may include training under the direct supervision of the physician, education, or certification of proposed practices or other appropriate educational methods. The physician must notify the board in writing of the requested changes to the physician assistant's PA's scope of practice guidelines and must provide documentation to the board of the competence of the physician assistant PA to perform the additional medical acts, tasks, or functions. Upon receipt of board approval of the requested changes, the The physician assistant PA may incorporate these additional medical acts, tasks, or functions into practice ten business days after the proposed changes have been submitted to the board and until a final determination is made by the board.

(C)   The board shall review and determine whether to approve these proposed scope of practice guidelines or requested changes to the scope of practice guidelines within ten business days after receipt of notice from the supervising physician as required by subsections (A) and (B). If the board needs additional information or clarification, a physician member of the board must contact the supervisory physician within ten business days of receipt of the physician's notice. If the board requests additional information or clarification to consider approval of scope of practice guidelines or changes to these guidelines, the supervising physician shall provide it in a timely manner; and upon receipt, a determination regarding approval must be made within ten three business days. If the proposed scope of practice guidelines or proposed change, or portion thereof, is disapproved by the board, the board must provide a written explanation for its determination and a suggested remedy if possible. Upon receipt of the board's determination, the supervising physician and the PA must practice in accordance with the board's determination.

(D)   If a PA is to be employed by a hospital system or provider group with a credentialing committee, the credentialing committee may begin the credentialing process necessary to employ the PA upon submittal of the proposed scope of practice guidelines to the board.

(E)   A physician and a PA beginning practice pursuant to this section under a proposed scope of practice guidelines or proposed changes to a scope of practice guidelines ten business days after submittal to the board, but before a determination is made by the board, must not be subject to any disciplinary action for beginning practice.

Section 40-47-940.   (A)   An A license application must be submitted to the board on forms supplied by the board. The application must be complete in every detail before licensure may be granted and must be accompanied by a nonrefundable fee; provided, however, that a PA may not practice until the supervising physician and the PA comply with the requirements of section 40-47-938. As part of the application process, the supervising physician and physician assistant must specify clearly in detail those medical acts, tasks, or functions for which approval is being sought. The specific medical acts, tasks, or functions must be included in the scope of practice guidelines, and the scope of practice guidelines must accompany the application.

(B)   When a board member or board designee or the administrative staff of the board has reviewed the entire application for completeness and correctness and has determined the eligibility or appropriateness of the application a temporary authorization may be issued immediately. At the next board meeting the application may be recommended for approval for a permanent license or other authorization consistent with this article. If a temporary authorization is not considered appropriate, the application must be reviewed by the committee and may be recommended to the board for approval as presented to or modified by the committee.

Section 40-47-945.   (A)   Except as otherwise provided in this article, an individual shall obtain a permanent license from the board before the individual may practice as a physician assistant PA. The board shall grant a permanent license as a physician assistant PA to an applicant who has:

(1)   submitted a completed application on forms provided by the board;

(2)   paid the nonrefundable application fees established in this article;

(3)   successfully completed an educational program for physician assistants PAs approved by the Accreditation Review Commission on Education for the Physician Assistant or its predecessor or successor organization;

(4)   successfully completed the NCCPA certifying examination and provide documentation that the applicant possesses a current, active, NCCPA certificate passed the PA National Certifying Examination administered by the National Commission on the Certification of Physician Assistants (NCCPA) and provided documentation that the applicant possesses a current, active NCCPA certificate;

(5)   certified that the applicant is mentally and physically able to engage safely in practice as a physician assistant PA;

(6)   no licensure, certificate, or registration as a physician assistant PA under current discipline, revocation, suspension, probation, or investigation for cause resulting from the applicant's practice as a physician assistant PA;

(7)   good moral character;

(8)   submitted to the board other information the board considers necessary to evaluate the applicant's qualifications or participated in an interview if requested by the board, or both; and

(9)   appeared before a board member or board designee with all original diplomas and certificates and demonstrated knowledge of the contents of this article. A temporary authorization to practice may be issued as provided in Section 4047940 pending completion of this requirement and subject to satisfactory interview as provided below; and

(10)   successfully completed an examination administered by the committee on the statutes and regulations regarding physician assistant practice and supervision.

(B)   Not later than ninety days from the date a temporary authorization is issued, each applicant shall appear before a board member or board designee and demonstrate knowledge of the contents of this article. Failure to appear within the prescribed time automatically results in the immediate invalidation of the authorization to practice pending compliance and further order of the board. If approved, a permanent license may be issued immediately. If not approved, the application must be reviewed by the committee and may be recommended to the board for approval as presented to or modified by the committee.

(C)   The supervising physician of a limited licensee physically must be present on the premises at all times when the limited licensee is performing a task.

Section 40-47-950.   (A)   The board may issue a limited physician assistant PA license to an applicant who has:

(1)   submitted a completed application on forms provided by the board;

(2)   paid the nonrefundable application fees established by this regulation;

(3)   successfully completed an educational program for physician assistants PAs approved by the Accreditation Review Commission on Education for the Physician Assistant or its predecessor or successor organization;

(4)   never not previously failed two consecutive NCCPA certifying examinations and has registered for, or intends to register to take the next offering of, the NCCPA examination;

(5)   certified that the applicant mentally and physically is able to engage safely in practice as a physician assistant PA;

(6)   no licensure, certificate, or registration as a physician assistant under current discipline, revocation, suspension, probation, or investigation for cause resulting from the applicant's practice as a physician assistant;

(7)   good moral character; and

(8)   submitted to the board any other information the board considers necessary to evaluate the applicant's qualifications;

(9)   appeared before a board member or board designee with all original diplomas and certificates if requested by the board with any documents requested by the board and demonstrated knowledge of the contents of this article; and

(10)   successfully completed an examination administered by the committee on the statutes and regulations regarding physician assistant PA practice and supervision.

(B)   A limited license is not renewable and is valid only until the results of a limited licensee's two consecutive NCCPA certifying examinations are reported to the board. When a limited licensee has failed two consecutive NCCPA certifying examinations, or fails one exam and does not take the NCCPA certifying examination at the next opportunity or, after applying for a limited license, fails to register for the next offering of the examination, the limited license immediately is void and the applicant is no longer eligible to apply for further limited licensure.

(C)   The supervising physician of a limited licensee physically must be present on the premises at all times when the limited licensee is performing a task.

Section 40-47-955.   (A)   The supervising physician is responsible for all aspects of the physician assistant's PA's practice. Supervision must be continuous but must not be construed as necessarily requiring the physical presence of the supervising physician at the time and place where the services are rendered, except as otherwise required for limited licensees. The supervising physician shall identify the physician assistant's PA's scope of practice and determine the delegation of medical acts, tasks, or functions. Medical acts, tasks, or functions must be defined in written scope of practice guidelines which must be appropriate to the physician assistant's PA's ability and knowledge.

(B)   Pursuant to scope of practice guidelines, a physician assistant PA may:

(1)   practice in a public place, a private place, or a facility where the supervising physician regularly sees patients; and

(2)   may make house calls, perform hospital duties, perform telemedicine, and perform any functions performed by the supervising physician if the physician assistant PA is also qualified to perform those functions.

(C)   (1)   A physician assistant must have six months of clinical experience with the current supervising physician before being permitted to practice at a location off site from the supervising physician, except that a physician assistant A PA who has at least less than two years continuous practice in the same specialty or who is changing specialties may not practice at a location off site from the supervising physician after three months until the PA has sixty days clinical experience on-site with the supervising physician and upon request of the supervising physician. This three-month sixty-day requirement, or portion thereof, may be waived by the supervising physician in writing on a form approved by the board and submitted to the board. for experienced physician assistants and supervisors upon recommendation of the committee and approval by the board. The offsite location may not be more than sixty miles of travel from the supervising physician or alternate supervising physician without written approval of the board. Notice of offsite practice must be filed with the administrative staff of the board before offsite practice may be authorized. The supervising physician or alternate must review, initial, and date the offsite physician assistant's charts periodically as provided specified in the written scope of practice guidelines, provided the supervising physician must review and verify the adequacy of clinical practice of ten percent of these charts monthly to ensure quality of care and patient safety.

(D)   A supervising physician may simultaneously supervise no more than three physician assistants providing clinical service at one time.

(E)   Upon written request, and recommendation of the committee, the board may authorize exceptions to the requirements of this section.

Section 40-47-960.   (A)   A physician assistant PA practicing at all sites shall practice pursuant to written scope of practice guidelines signed by all supervisory physicians and the physician assistant PA. Copies of the guidelines must be on file at all practice sites. The guidelines shall include at a minimum the:

(1)   name, license number, and practice addresses of all supervising physicians;

(2)   name and practice address of the physician assistant PA;

(3)   date the guidelines were developed and dates they were reviewed and amended;

(4)   medical conditions for which therapies may be initiated, continued, or modified;

(5)   treatments that may be initiated, continued, or modified;

(6)   drug therapy, if any, that may be prescribed with drug specific classifications; and

(7)   situations that require direct evaluation by or immediate referral to the physician, including Schedule II controlled substance prescription authorization as provided for in Section 40-47-965.

(B)   In a hospital practice setting, a list of alternate supervising physicians may be submitted to the board without the signatures of the alternate supervising physicians.

Section 40-47-965.   (A)   If the written scope of practice guidelines authorizes the physician's assistant PA to prescribe drug therapy:

(1)   prescriptions for authorized drugs and devices shall comply with all applicable state and federal laws;

(2)   prescriptions must be limited to drugs and devices authorized by the supervising physician and set forth in the written scope of practice guidelines;

(3)   prescriptions must be signed or electronically submitted by the physician assistant PA and must bear the physician assistant's PA's identification number as assigned by the board and all prescribing numbers required by law. The preprinted prescription form shall include both the physician assistant's PA's and physician's name, address, and phone number, and, if possible, the physician through the electronic system, and shall comply with the provisions of Section 39-24-40;

(4)   drugs or devices prescribed must be specifically documented in the patient record;

(5)   the physician assistant PA may request, receive, and sign for professional samples of drugs authorized in the written scope of practice guidelines and may distribute professional samples to patients in compliance with appropriate federal and state regulations and the written scope of practice guidelines;

(6)   the physician assistant PA may authorize prescriptions for an orally administered Schedule II controlled substance, as defined in the federal Controlled Substances Act, pursuant to the following requirements:

(a)   the authorization to prescribe is expressly approved by the supervising physician as set forth in the physician assistant's PA written scope of practice guidelines;

(b)   the physician assistant PA has directly evaluated the patient, provided, however, that a PA may authorize a prescription if the PA is assigned to take calls for the supervising physician or alternate supervising physician treating the patient;

(c)   the authority to prescribe a Schedule II narcotic controlled substance is limited to an initial prescription and must not to exceed a seventy two hour five-day supply;

(d)   any subsequent prescription authorization for a Schedule II narcotic controlled substance after the initial prescription must be in consultation with and upon patient examination and evaluation by and approved by the supervising physician, and must be documented in the patient's chart; and

(e)   any prescription for continuing drug therapy must include consultation with the supervising physician and must be documented in the patient's chart;

(7)   the physician assistant PA may authorize a medical order for parenteral administration of a Schedule II controlled substance, as defined in the federal Controlled Substances Act, pursuant to the following requirements:

(a)   the authorization to write a medical order is expressly approved by the supervising physician as set forth in the physician assistant's PA's written scope of practice guidelines;

(b)   the physician assistant PA is providing patient care in a hospital setting, including emergency and outpatient departments affiliated with the hospital;

(c)   an initial patient examination and evaluation has been performed by the supervising physician, or his delegate physician, and has been documented in the patient's chart; however, in a hospital emergency department, a physician assistant PA may authorize such a medical order if the supervising or delegate physician is unavailable due to clinical demands, but remains on the premises and is immediately available, and the supervising or delegate physician conducts the patient evaluation as soon as practicable and is documented in the patient's chart;

(d)   the physician assistant PA has directly evaluated the patient; and

(e)   the written medical order may not exceed a onetime administration within a twenty-four hour period without approval of the supervising physician or alternate supervising physician documented in the patient's chart.

(B)   When applying for controlled substance prescriptive authority, the applicant shall comply with the following requirements:

(1)   the physician assistant PA shall provide evidence of completion of sixty contact hours of education in pharmacotherapeutics acceptable to as determined by the board before application;

(2)   the physician assistant PA shall provide at least fifteen contact hours evidence of education in controlled substances acceptable to as determined by the board;

(3)   every two years, the physician assistant PA shall provide documentation of four continuing education hours related to approved procedures of prescribing and monitoring controlled substances listed in Schedules II, III, and IV of the schedules provided for in Sections 44-53-210, 44-53-230 and 44-53-250;

(4)   the physician assistant PA must have a valid Drug Enforcement Administration (DEA) registration and prescribe in accordance with DEA rules; and

(5)   the physician assistant PA and supervising physician must read and sign a document approved by the board describing the management of expanded controlled substances prescriptive authority for physician assistants PAs in South Carolina which must be kept on file for review. Within the two-year period, the physician assistant PA and the supervising physician periodically shall review this document and the physician assistant's PA's prescribing practices to ensure proper prescribing procedures are followed. This review must be documented in writing with a copy kept at each practice site.

(C)   A physician assistant's PA's prescriptive authorization may be terminated by the board if the physician assistant PA:

(1)   practices outside the written scope of practice guidelines;

(2)   violates any state or federal law or regulation applicable to prescriptions; or

(3)   violates a state or federal law applicable to physician assistants PAs.

Section 40-47-970.   A physician assistant PA may not:

(1)   perform a medical act, task, or function which has not been listed and approved on the scope of practice guidelines;     (2)   prescribe drugs, medications, or devices not specifically authorized by the supervising physician and documented in the written scope of practice guidelines;

(3)   prescribe, under any circumstances, controlled substances in Schedule II except as authorized in Section 40-47-965;

(4)   perform a medical act, task, or function that is outside the usual practice of the supervising physician or outside the supervising physician's training or experience unless the board approves an exception pursuant to section 40-47-195(D)(1)(d).

Section 40-47-985.   The board or a person designated by the board may make unscheduled inspections of any office or facility employing a physician assistant PA.

Section 40-47-990.   A physician assistant PA must clearly identify himself or herself as a physician assistant PA to ensure that the physician assistant PA is not mistaken or misrepresented as a physician. A physician assistant PA shall wear a clearly legible identification badge or other adornment of at least one inch by three inches in size bearing the physician assistant's PA's name and the words 'Physician Assistant', 'PA-C,' or 'PA'.

Section 40-47-995.   If the supervisory relationship between a physician assistant PA and the supervising physician is terminated for any reason, the physician assistant PA and the supervising physician shall inform the board immediately in writing of the termination, including the reasons for the termination. The approval of the practice setting terminates coterminous with the termination of the relationship, and practice shall cease until new scope of practice guidelines are submitted by a supervising physician and are approved by the board. A current alternate supervising physician for the PA may serve as the supervising physician under the existing scope of practice guidelines, for a period not to exceed ninety days, until a new supervising physician is designated and new scope of practice guidelines are approved.

Section 40-47-1000.   (A)   It is unlawful for a person who is not licensed under this article to hold himself out as a physician assistant PA. A person who holds himself out as a physician assistant without being licensed under this article, during a period of suspension, or after his license has been revoked by the board is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned for not more than ninety days, or both.

(B)   For the purpose of any investigation or proceeding under the provisions of this article, the board or a person designated by the board may administer oaths and affirmations, subpoena witnesses, take testimony, and require the production of any documents or records which the board considers relevant to the inquiry.

(C)   If the board has sufficient evidence that a person is violating a provision of this article, the board, in addition to all other remedies, may order the person to immediately desist and refrain from this conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from this conduct. An administrative law judge may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter it considers proper. No bond may be required of the board by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section.

(D)   Investigations and disciplinary proceedings under this article must be conducted in accordance with the provisions of Article 1.

(E)   No provision of this article may be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law or prohibiting the respondent from normal access to the charges and evidence filed against him as a part of due process under the law.

Section 40-47-1005.   Misconduct constituting grounds for revocation, suspension, probation, reprimand, restrictions, or denial of a license must be found when a physician assistant PA:

(1)   has knowingly allowed himself or herself to be misrepresented as a physician;

(2)   has filed or has had filed on his or her behalf with the board any false, fraudulent, or forged statement or documents;

(3)   has performed any work assignment, task, or other activity which is not on the physician assistant PA scope of practice guidelines;

(4)   misuses alcohol or drugs to such a degree to render him or her unfit to practice as a physician assistant PA;

(5)   has been convicted of a felony or a crime involving moral turpitude or drugs;

(6)   has sustained any physical or mental disability which renders further practice dangerous to the public;

(7)   has engaged in any dishonorable or unethical conduct that is likely to deceive or harm patients;

(8)   has used or made any false or fraudulent statement in any document connected with practice or licensure as a physician assistant PA;

(9)   has obtained or assisted another person in obtaining fees under dishonorable, false, or fraudulent circumstances;

(10)   has violated or conspired with another person to violate any provision of this article; or

(11)   otherwise demonstrates a lack of the ethical or professional competence required to act as a physician assistant PA.

Section 40-47-1010.   A license issued pursuant to this chapter may be renewed biennially or as otherwise provided by the board and department. A person who has not demonstrated continuing education, as required by this article, is not eligible for issuance or renewal of an authorization to practice.

Section 40-47-1015.   (A)   Fees for physician assistant PA licensure are established as follows:

(1)   initial licensing fee, not to exceed five hundred dollars;

(2)   renewal of license fee, not to exceed one hundred and fifty dollars;

(3)   late renewal fee, not to exceed the renewal fee doubled; and

(4)   reactivation application fee, not to exceed two hundred dollars;

(5)   change in supervisor fee, not to exceed one hundred and fifty dollars;

(6)   additional primary supervisor for dual employment fee, not to exceed one hundred and fifty dollars.

(B)   Fees may be adjusted biennially pursuant to Section 40-1-50 to ensure that they are sufficient but not excessive to cover expenses including the total of the direct and indirect costs to the State for the operations of the committee.

Section 40-47-1020.   Nothing in this article may be construed to require third party reimbursement directly to a physician assistant PA for services rendered.

SECTION   7.   This act takes effect upon approval of the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator DAVIS explained the committee amendment.

On motion of Senator DAVIS, the amendment was withdrawn.

Senator DAVIS proposed the following amendment (132R002.SP.TD), which was adopted:

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

/     SECTION   1.   Section 40-47-195 of the 1976 Code is amended to read:

"Section 40-47-195.   (A)   A licensee who supervises another practitioner shall hold a permanent, active, unrestricted authorization to practice in this State and be currently engaged in the active practice of their respective profession or shall hold an active unrestricted academic license to practice medicine in this State.

(B)   Pursuant to this chapter, only licensed physicians may supervise another practitioner who performs delegated medical acts in accordance with the practitioner's applicable scope of professional practice authorized by state law. It is the supervising physician's responsibility to ensure that delegated medical acts to other practitioners are performed under approved written scope of practice guidelines or approved written protocol in accordance with the applicable scope of professional practice authorized by state law. A copy of approved written scope of practice guidelines or approved written protocol, dated and signed by the supervising physician and the practitioner, must be provided to the board by the supervising physician within seventy-two hours of request by a representative of the department or board.

(C)   In evaluating a written guideline or protocol, the board and supervising physician or medical staff shall consider the:

(1)   training and experience of the supervising physician;

(2)   nature and complexity of the delegated medical acts being performed;

(3)   geographic proximity of the supervising physician to the supervised practitioner; when the supervising physician is not located at the same site as the supervised practitioner, special consideration must be given to the manner in which the physician intends to monitor the practitioner, and prior board approval must be received for this practice unless otherwise provided in this chapter; and

(4)   number of other practitioners the physician or medical staff supervises. Reference must be given to the number of supervised practitioners, as prescribed by law. When the supervising physician assumes responsibility for more than the number of practitioners prescribed by law, special consideration must be given to the manner in which the physician intends to monitor, and prior board approval must be received for this practice.

(D)(1)   A physician or medical staff who is engaged in practice with an a PA, NP, CNM, or CNS must:

(a)(i)   hold permanent, active, and unrestricted authorization to practice medicine in this State and be actively practicing medicine within the geographic boundaries of this State; or

(ii)   hold an active, unrestricted academic license to practice medicine in this State and be actively practicing medicine within the geographic boundaries of this State;

(b)   have in place prior to beginning practice and during its continuation a practice agreement as defined in Section 40-47-20(35) or scope of practice guidelines as defined in Section 40-47-20(5), a copy of which the physician must make available to the board within seventy-two hours of a request;

(c)   not enter into scope of practice guidelines or practice agreements with more than the equivalent of six full-time PAs, NPs, CNMs, or CNSs and must not practice in a situation in which the number of NPs, CNMs, or CNSs providing clinical services with whom the physician is working, combined with the number of physician assistants PAs providing clinical services whom the physician is supervising, is greater than six individuals at any one time, provided, however, that the board may approve an exception to these requirements upon application by the physician, if the board determines that an exception is warranted and that quality of care and patient safety will be maintained;

(d)   not enter into a practice agreement with an a PA, NP, CNM, or CNS performing a medical act, task, or function that is outside the usual practice of that physician or outside of the physician's training or experience, provided, however, that the board may approve an exception to this requirement upon application by the physician, if the board determines that an exception is warranted and that quality of care and patient safety will be maintained; and

(e)   maintain responsibility in the practice agreement for the health care delivery team pursuant to rules and regulations of the Board of Medical Examiners.

(2)   The board is authorized to conduct random audits of scope of practice guidelines and practice agreements."

SECTION   2.   Article 7, Chapter 47, Title 40 of the 1976 Code is amended to read:

  "ARTICLE 7

South Carolina Physician Assistants Practice Act

Section 40-47-905.   This article may be cited as the 'South Carolina Physician Assistants Practice Act'.

Section 40-47-910.   As used in this article:

(1)   'Alternate physician supervisor' or 'alternate supervising physician' means a South Carolina licensed physician currently possessing an active, unrestricted permanent license to practice medicine in South Carolina who accepts the responsibility to supervise a physician assistant's PA's activities in the absence of the supervising physician and this physician is approved by the physician supervisor in writing in the scope of practice guidelines.

(2)   'Board' means the Board of Medical Examiners of South Carolina.

(3)   'Committee' means the Physician Assistant Committee as established by this article as an advisory committee responsible to the board.

(4)   'Immediate consultation' means a supervising physician must be available for direct communication by telephone or other means of telecommunication.

(5)   'NCCPA' means the National Commission on Certification of Physician Assistants, Inc., the agency recognized to examine and evaluate the education of physician assistants PAs, or its successor organization as recognized by the board.

(6)   'Physician assistant' or 'PA' means a health care professional licensed to assist in the practice of medicine with a physician supervisor.

(7)   'Physician supervisor' or 'supervising physician' means a South Carolina licensed physician currently possessing an active, unrestricted permanent license to practice medicine in South Carolina who is approved to serve as a supervising physician for no more than three full-time equivalent physician assistants. The physician supervisor is the individual who is responsible for supervising a physician assistant's PA's activities.

(8)   'Supervising' means overseeing the activities of, and accepting responsibility for, the medical services rendered by a physician assistant PA as part of a physician led team in a manner approved by the board.

Section 40-47-915.   This article does not apply to a person:

(1)   who is employed as a physician assistant PA by the United States Government, where such services are provided solely under the direction or control of the United States Government.

(2)   pursuing a course of study leading to a degree or certificate to practice as a physician assistant in a program approved accredited by the Commission on Accreditation of Allied Health Education Programs or its successor agency, where such activities and services constitute a part of a supervised course of study; Accreditation Review Commission on Education for the Physician Assistant, or its successor agency, provided, however, the person must be clearly identified by a badge or other adornment with that person's name and the words 'Physician Assistant Student' clearly legible. The badge or adornment must be at least one inch by three inches in size.

Section 40-47-920.   The Director of the Department of Labor, Licensing and Regulation may employ additional staff as necessary for the performance of the department's duties under this article.

Section 40-47-925.   (A)   There is created the Physician Assistant Committee as an advisory committee to the board which consists of nine members to be appointed by the Board of Medical Examiners. Three of the members must be licensed physician assistants PAs with a minimum of three years of patient care experience in this State. Two members must be consumers, and three members must be physicians who are licensed to practice in this State. Of the three physician members, at least one two must regularly employ supervise a physician assistant PA. One member of the Board of Medical Examiners shall serve on the committee ex officio. All organizations, groups, or interested individuals may submit recommendations to the board of at least two individuals for each position to be filled on the committee.

(B)   The members shall serve for terms of four years and until their successors are appointed and qualify, except the initial term of two physician assistants PAs, the consumer member, and one physician are for two years. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. The board, after notice and opportunity for hearing, may remove any member of the committee for negligence, neglect of duty, incompetence, revocation or suspension of license, or other dishonorable conduct. Members of the committee shall receive mileage, subsistence, and per diem as provided by law for members of state boards, commissions, and committees for each meeting attended. No member may serve more than two full four-year terms consecutively, but may be eligible for reappointment four years from the date the last full four-year term expired.

(C)   The committee shall meet at least two times yearly and at other times as may be necessary. A quorum for all meetings shall consist of five members. At its initial meeting, and at the beginning of each year thereafter, the committee shall elect from its membership a chairman, vice chairman, and secretary to serve for a term of one year.

(D)   The committee shall receive and account for all monies under the provisions of this article and shall pay all monies collected to the board for deposit with the State Treasurer as provided for by law.

Section 40-47-930.   (A)   The committee shall evaluate the qualifications and supervise the examinations of applicants for licensure and make recommendations to the board.

(B)   The board may issue subpoenas, examine witnesses, and administer oaths and may investigate allegations of practices violating the provisions of this article.

(C)   The committee:

(1)   may recommend regulations to the board relating to professional conduct to carry out the provisions of this article including, but not limited to, professional certification and the establishment of ethical standards of practice for persons holding a license to practice as physician assistants PAs in this State;

(2)   shall conduct hearings and keep records and minutes necessary to carry out its functions;

(3)   shall provide notice of all hearings authorized under this article pursuant to the Administrative Procedures Act;

(4)   shall determine the qualifications and make recommendations regarding the issuance of licenses to qualified physician assistants PAs;

(5)   shall recommend to the board whether to issue or renew licenses under those conditions prescribed in this article;

(6)   may recommend requirements to the board for continuing professional education of physician assistants PAs to the board;

(7)   shall keep a record of its proceedings and a register of all licensees, including their names and last known places of employment and residence. The board shall annually compile and make available a list of physician assistants PAs authorized to practice in this State. An interested person may obtain a copy of this list upon application to the board and payment of an amount sufficient to cover the cost of printing and mailing;

(8)   shall report annually to the board on duties performed, actions taken, and recommendations;

(9)   shall hear disciplinary cases and recommend findings of fact, conclusions of law, and sanctions to the board. The board shall conduct a final hearing at which it shall make a final decision; and

(10)   shall perform such duties and tasks as may be delegated to the committee by the board.

Section 40-47-935.   (A)   Physician assistants PAs may perform:

(1)   medical acts, tasks, or functions with within written scope of practice guidelines under physician supervision;

(2)   those duties and responsibilities, including the prescribing and dispensing of drugs and medical devices, that are lawfully delegated by their supervising physicians; provided, however, only physician assistants PAs holding a permanent license may prescribe drug therapy as provided in this article; and

(3)   telemedicine in accordance with the requirements of Section 40-47-37 including, but not limited to, Section 40-47-37(C)(6) requiring board authorization prior to prescribing Schedule II and Schedule III prescriptions,; Section 40-47-113, approved written scope of practice guidelines, and pursuant to all physician supervisory requirements imposed by this chapter.

(B)   A physician assistant is an agent of his or her supervising physician in the performance of all practice related activities including, but not limited to, the ordering of diagnostic, therapeutic, and other medical services Notwithstanding any provisions of state law other than this chapter, and to the extent permitted by federal law, a PA may perform the following medical acts unless otherwise provided in the scope of practice guidelines:

(1)   provide non-controlled prescription drugs at an entity that provides free medical care for indigent patients;

(2)   certify that a student is unable to attend school but may benefit from receiving instruction given in his home or hospital;

(3)   refer a patient to physical therapy for treatment;

(4)   pronounce death, certify the manner and cause of death, and sign death certificates pursuant to the provisions of Chapter 63, Title 44 and Chapter 8, Title 32;

(5)   issue an order for a patient to receive appropriate services from a licensed hospice as defined in Chapter 71, Title 44;

(6)   certify that an individual is handicapped and declare that the handicap is temporary or permanent for the purposes of the individual's application for a placard; and

(7)   execute a do not resuscitate order pursuant to the provisions of Chapter 78, Title 44.

(C)(1)   If provided in the scope of practice guidelines, a PA may delegate the following tasks to unlicensed assistive personnel to be performed under the PA's supervision:

(a)   meeting patients' needs for personal hygiene;

(b)   meeting patients' needs relating to nutrition;

(c)   meeting patients' needs relating to ambulation;

(d)   meeting patients' needs relating to elimination;

(e)   taking vital signs;

(f)   maintaining asepsis; and

(g)   observing, recording, and reporting any of the tasks enumerated in this subsection.

(2)   A PA may not delegate the administration of medication to unlicensed assistive personnel.

(D)   A PA is an agent of his supervising physician in the performance of all practice related activities, including, but not limited to, the ordering of diagnostic, therapeutic, and other medical services.

(E)   A PA may sign specified documents on behalf of the supervising physician or alternate supervising physician if authorized in the scope of practice guidelines.

Section 40-47-938.   (A)   A physician currently possessing an active, unrestricted permanent license to practice medicine under the provisions of this chapter, who accepts the responsibility to supervise a physician assistant's PA's activities, must enter into a supervisory relationship with a physician assistant PA licensed pursuant to this article, subject to approval of scope of practice guidelines by the board. The physician must notify the board, in writing, of the proposed supervisory relationship and include the proposed scope of practice guidelines for the relationship. Upon receipt of board approval, the physician assistant The PA may begin clinical practice with the named supervising physician and alternate physicians ten business days after the scope of practice guidelines have been submitted to the board and until a final determination is made by the board.

(B)   A supervising physician may determine that there are additional medical acts, tasks, or functions for which a physician assistant PA under the physician's supervision needs additional training or education to meet the needs of the physician's practice and that the physician would like to incorporate into the physician assistant's PA's scope of practice guidelines. The physician must determine, in consultation with the physician assistant PA, the means of educating the physician assistant, which may include training under the direct supervision of the physician, education, or certification of proposed practices or other appropriate educational methods. The physician must notify the board in writing of the requested changes to the physician assistant's PA's scope of practice guidelines and must provide documentation to the board of the competence of the physician assistant PA to perform the additional medical acts, tasks, or functions. Upon receipt of board approval of the requested changes, the physician assistant The PA may incorporate these additional medical acts, tasks, or functions into practice ten business days after the proposed changes have been submitted to the board and until a final determination is made by the board.

(C)   The board shall review and determine whether to approve these proposed scope of practice guidelines or requested changes to the scope of practice guidelines within ten business days after receipt of notice from the supervising physician as required by subsections (A) and (B). If the board needs additional information or clarification, a physician member of the board must contact the supervisory physician within ten business days of receipt of the physician's notice. If the board requests additional information or clarification to consider approval of scope of practice guidelines or changes to these guidelines, the supervising physician shall provide it in a timely manner; and upon receipt, a determination regarding approval must be made within ten three business days. If the proposed scope of practice guidelines or proposed changes, or a portion thereof, is disapproved by the board, then the board must provide a written explanation for its determination and a suggested remedy if possible. Upon receipt of the board's determination, the supervising physician and PA must practice in accordance with the board's determination.

(D)   If a PA is to be employed by a hospital system or provider group with a credentialing committee, then the credentialing committee may begin the credentialing process necessary to employ the PA upon submittal of the proposed scope of practice guidelines to the board.

(E)   A physician and a PA beginning practice pursuant to this section under a proposed scope of practice guidelines or proposed changes to a scope of practice guidelines ten business days after submittal to the board, but before a determination is made by the board, must not be subject to any disciplinary action for beginning practice.

Section 40-47-940.   (A)   An A license application must be submitted to the board on forms supplied by the board. The application must be complete in every detail before licensure may be granted and must be accompanied by a nonrefundable fee, provided, however, that a PA may not practice until the supervising physician and PA comply with the requirements of Section 40-47-938. As part of the application process, the supervising physician and physician assistant must specify clearly in detail those medical acts, tasks, or functions for which approval is being sought. The specific medical acts, tasks, or functions must be included in the scope of practice guidelines, and the scope of practice guidelines must accompany the application.

(B)   When a board member or board designee or the administrative staff of the board has reviewed the entire application for completeness and correctness and has determined the eligibility or appropriateness of the application a temporary authorization may be issued immediately. At the next board meeting the application may be recommended for approval for a permanent license or other authorization consistent with this article. If a temporary authorization is not considered appropriate, the application must be reviewed by the committee and may be recommended to the board for approval as presented to or modified by the committee.

Section 40-47-945.   (A)   Except as otherwise provided in this article, an individual shall obtain a permanent license from the board before the individual may practice as a physician assistant PA. The board shall grant a permanent license as a physician assistant PA to an applicant who has:

(1)   submitted a completed application on forms provided by the board;

(2)   paid the nonrefundable application fees established in this article;

(3)   successfully completed an educational program for physician assistants PAs approved by the Accreditation Review Commission on Education for the Physician Assistant or its predecessor or successor organization;

(4)   successfully completed the NCCPA certifying examination and provide documentation that the applicant possesses a current, active, NCCPA certificate passed the PA National Certifying Examination administered by the National Commission on the Certification of Physician Assistants (NCCPA) and provided documentation that the applicant possesses a current, active NCCPA certificate;

(5)   certified that the applicant is mentally and physically able to engage safely in practice as a physician assistant PA;

(6)   no licensure, certificate, or registration as a physician assistant PA under current discipline, revocation, suspension, probation, or investigation for cause resulting from the applicant's practice as a physician assistant PA;

(7)   good moral character; and

(8)   submitted to the board other information the board considers necessary to evaluate the applicant's qualifications, participated in an interview if requested by the board, or both;

(9)   appeared before a board member or board designee with all original diplomas and certificates and demonstrated knowledge of the contents of this article. A temporary authorization to practice may be issued as provided in Section 4047940 pending completion of this requirement and subject to satisfactory interview as provided below; and

(10)   successfully completed an examination administered by the committee on the statutes and regulations regarding physician assistant practice and supervision.

(B)   Not later than ninety days from the date a temporary authorization is issued, each applicant shall appear before a board member or board designee and demonstrate knowledge of the contents of this article. Failure to appear within the prescribed time automatically results in the immediate invalidation of the authorization to practice pending compliance and further order of the board. If approved, a permanent license may be issued immediately. If not approved, the application must be reviewed by the committee and may be recommended to the board for approval as presented to or modified by the committee.

(C)   The supervising physician of a limited licensee physically must be present on the premises at all times when the limited licensee is performing a task.

Section 40-47-950.   (A)   The board may issue a limited physician assistant PA license to an applicant who has:

(1)   submitted a completed application on forms provided by the board;

(2)   paid the nonrefundable application fees established by this regulation;

(3)   successfully completed an educational program for physician assistants PAs approved by the Accreditation Review Commission on Education for the Physician Assistant or its predecessor or successor organization;

(4)   never not previously failed two consecutive NCCPA certifying examinations and has registered for, or intends to register to take the next offering of, the NCCPA examination;

(5)   certified that the applicant mentally and physically is able to engage safely in practice as a physician assistant PA;

(6)   no licensure, certificate, or registration as a physician assistant under current discipline, revocation, suspension, probation, or investigation for cause resulting from the applicant's practice as a physician assistant;

(7)   good moral character;

(8)   submitted to the board any other information the board considers necessary to evaluate the applicant's qualifications; and

(9)   appeared before a board member or board designee with all original diplomas and certificates if requested by the board with any documents requested by the board and demonstrated knowledge of the contents of this article; and

(10)   successfully completed an examination administered by the committee on the statutes and regulations regarding physician assistant practice and supervision.

(B)   A limited license is not renewable and is valid only until the results of a limited licensee's two consecutive NCCPA certifying examinations are reported to the board. When a limited licensee has failed two consecutive NCCPA certifying examinations, or fails one exam and does not take the NCCPA certifying examination at the next opportunity or, after applying for a limited license, fails to register for the next offering of the examination, the limited license immediately is void and the applicant is no longer eligible to apply for further limited licensure.

(C)   The supervising physician of a limited licensee physically must be present on the premises at all times when the limited licensee is performing a task.

Section 40-47-955.   (A)   The supervising physician is responsible for all aspects of the physician assistant's PA's practice. Supervision must be continuous but must not be construed as necessarily requiring the physical presence of the supervising physician at the time and place where the services are rendered, except as otherwise required for limited licensees. The supervising physician shall identify the physician assistant's PA's scope of practice and determine the delegation of medical acts, tasks, or functions. Medical acts, tasks, or functions must be defined in written scope of practice guidelines which must be appropriate to the physician assistant's PA's ability and knowledge.

(B)   Pursuant to scope of practice guidelines, a physician assistant PA may:

(1)   practice in a public place, a private place, or a facility where the supervising physician regularly sees patients; and

(2)   may make house calls, perform hospital duties, perform telemedicine, and perform any functions performed by the supervising physician if the physician assistant PA is also qualified to perform those functions.

(C)(1)   A physician assistant must have six months of clinical experience with the current supervising physician before being permitted to practice at a location off site from the supervising physician, except that a physician assistant A PA who has at least less than two years continuous practice in the same specialty or who is changing specialties may not practice at a location off site from the supervising physician after three months until the PA has sixty days clinical experience on-site with the supervising physician and upon request of the supervising physician. This three-month sixty-day requirement, or a portion thereof, may be waived by the supervising physician in writing on a form approved by the board and submitted to the board for experienced physician assistants and supervisors upon recommendation of the committee and approval by the board. The offsite location may not be more than sixty miles of travel from the supervising physician or alternate supervising physician without written approval of the board. Notice of offsite practice must be filed with the administrative staff of the board before offsite practice may be authorized. The supervising physician or alternate must review, initial, and date the offsite physician assistant's charts periodically as provided specified in the written scope of practice guidelines, provided the supervising physician must review and verify the adequacy of clinical practice of ten percent of these charts monthly to ensure quality of care and patient safety.

(2)   The requirement for sixty days on-site clinical practice with a supervising physician does not apply to a PA who will be practicing in a retail medical clinic providing a limited scope of services pursuant to a scope of practice guidelines approved by the board for that clinical setting. For the purposes of this item, 'retail medical clinic' means a walk-in health care clinic located inside of a retail store that includes a pharmacy.

(D)   A supervising physician may simultaneously supervise no more than three physician assistants providing clinical service at one time.

(E)   Upon written request, and recommendation of the committee, the board may authorize exceptions to the requirements of this section.

Section 40-47-960.   (A)   A physician assistant PA practicing at all sites shall practice pursuant to written scope of practice guidelines signed by all supervisory physicians and the physician assistant PA. Copies of the guidelines must be on file at all practice sites. The guidelines shall include at a minimum the:

(1)   name, license number, and practice addresses of all supervising physicians;

(2)   name and practice address of the physician assistant PA;

(3)   date the guidelines were developed and dates they were reviewed and amended;

(4)   medical conditions for which therapies may be initiated, continued, or modified;

(5)   treatments that may be initiated, continued, or modified;

(6)   drug therapy, if any, that may be prescribed with drug specific classifications; and

(7)   situations that require direct evaluation by or immediate referral to the physician, including Schedule II controlled substance prescription authorization as provided for in Section 40-47-965.

(B)   In a hospital practice setting, a list of alternate supervising physicians may be submitted to the board without the signatures of the alternate supervising physicians.

Section 40-47-965.   (A)   If the written scope of practice guidelines authorizes the physician's assistant PA to prescribe drug therapy:

(1)   prescriptions for authorized drugs and devices shall comply with all applicable state and federal laws;

(2)   prescriptions must be limited to drugs and devices authorized by the supervising physician and set forth in the written scope of practice guidelines;

(3)   prescriptions must be signed or electronically submitted by the physician assistant PA and must bear the physician assistant's PA's identification number as assigned by the board and all prescribing numbers required by law. The preprinted prescription form shall include both the physician assistant's PA's and physician's name, address, and phone number, and, if possible, the physician through the electronic system, and shall comply with the provisions of Section 39-24-40;

(4)   drugs or devices prescribed must be specifically documented in the patient record;

(5)   the physician assistant PA may request, receive, and sign for professional samples of drugs authorized in the written scope of practice guidelines and may distribute professional samples to patients in compliance with appropriate federal and state regulations and the written scope of practice guidelines;

(6)   the physician assistant PA may authorize prescriptions for an orally administered Schedule II controlled substance, as defined in the federal Controlled Substances Act, pursuant to the following requirements:

(a)   the authorization to prescribe is expressly approved by the supervising physician as set forth in the physician assistant's PA's written scope of practice guidelines;

(b)   the physician assistant PA has directly evaluated the patient, provided, however, that a PA may authorize a prescription if the PA is assigned to take calls for the supervising physician or alternate supervising physician treating the patient;

(c)   the authority to prescribe a Schedule II narcotic controlled substance is limited to an initial prescription and must not to exceed a seventy two hour five-day supply;

(d)   any subsequent prescription authorization for a Schedule II narcotic controlled substance after the initial prescription must be in consultation with and upon patient examination and evaluation by and approved by the supervising physician, and such approval must be documented in the patient's chart; and

(e)   any prescription for continuing drug therapy must include consultation with the supervising physician and must be documented in the patient's chart;

(7)   the physician assistant PA may authorize a medical order for parenteral administration of a Schedule II controlled substance, as defined in the federal Controlled Substances Act, pursuant to the following requirements:

(a)   the authorization to write a medical order is expressly approved by the supervising physician as set forth in the physician assistant's PA's written scope of practice guidelines;

(b)   the physician assistant PA is providing patient care in a hospital setting, including emergency and outpatient departments affiliated with the hospital;

(c)   an initial patient examination and evaluation has been performed by the supervising physician, or his delegate physician, and has been documented in the patient's chart; however, in a hospital emergency department, a physician assistant PA may authorize such a medical order if the supervising or delegate physician is unavailable due to clinical demands, but remains on the premises and is immediately available, and the supervising or delegate physician conducts the patient evaluation as soon as practicable and is documented in the patient's chart;

(d)   the physician assistant PA has directly evaluated the patient, provided, however, that a PA may authorize a prescription if the PA is assigned to take call for the supervising physician or alternate supervising physician treating the patient; and

(e)   the written medical order may not exceed a one-time administration within a twenty-four hour period without the approval of the supervising physician or alternate supervising physician, and such approval must be documented in the patient's chart.

(B)   When applying for controlled substance prescriptive authority, the applicant shall comply with the following requirements:

(1)   the physician assistant PA shall provide evidence of completion of sixty contact hours of education in pharmacotherapeutics acceptable to as determined by the board before application;

(2)   the physician assistant shall provide at least fifteen contact hours of education in controlled substances acceptable to the board;

(3)   every two years, the physician assistant PA shall provide documentation of four continuing education hours related to approved procedures of prescribing and monitoring controlled substances listed in Schedules II, III, and IV of the schedules provided for in Sections 44-53-210, 44-53-230 and 44-53-250; and

(4)(3)   the physician assistant PA must have a valid Drug Enforcement Administration (DEA) registration and prescribe in accordance with DEA rules; and

(5)   the physician assistant and supervising physician must read and sign a document approved by the board describing the management of expanded controlled substances prescriptive authority for physician assistants in South Carolina which must be kept on file for review. Within the two-year period, the physician assistant and the supervising physician periodically shall review this document and the physician assistant's prescribing practices to ensure proper prescribing procedures are followed. This review must be documented in writing with a copy kept at each practice site.

(C)   A physician assistant's PA's prescriptive authorization may be terminated by the board if the physician assistant PA:

(1)   practices outside the written scope of practice guidelines;

(2)   violates any state or federal law or regulation applicable to prescriptions; or

(3)   violates a state or federal law applicable to physician assistants PAs.

Section 40-47-970.   A physician assistant PA may not:

(1)   perform a medical act, task, or function which has not been listed and approved on the scope of practice guidelines;     (2)   prescribe drugs, medications, or devices not specifically authorized by the supervising physician and documented in the written scope of practice guidelines;

(3)   prescribe, under any circumstances, controlled substances in Schedule II except as authorized in Section 40-47-965;

(4)   perform a medical act, task, or function that is outside the usual practice of the supervising physician or outside the supervising physician's training or experience unless the board approves an exception pursuant to Section 40-47-195(D)(1)(d).

Section 40-47-985.   The board or a person designated by the board may make unscheduled inspections of any office or facility employing a physician assistant PA.

Section 40-47-990.   A physician assistant PA must clearly identify himself or herself as a physician assistant PA to ensure that the physician assistant PA is not mistaken or misrepresented as a physician. A physician assistant PA shall wear a clearly legible identification badge or other adornment of at least one inch by three inches in size bearing the physician assistant's PA's name and the words 'Physician Assistant', 'PA-C', or 'PA'.

Section 40-47-995.   If the supervisory relationship between a physician assistant PA and the supervising physician is terminated for any reason, the physician assistant PA and the supervising physician shall inform the board immediately in writing of the termination, including the reasons for the termination. The approval of the practice setting terminates coterminous with the termination of the relationship, and practice shall cease until new scope of practice guidelines are submitted by a supervising physician and are approved by the board. After notification to the board, a current alternate supervising physician for the PA may serve as the supervising physician under the existing scope of practice guidelines, for a period not to exceed ninety days, until a new supervising physician is designated and new scope of practice guidelines are approved.

Section 40-47-1000.   (A)   It is unlawful for a person who is not licensed under this article to hold himself out as a physician assistant PA. A person who holds himself out as a physician assistant without being licensed under this article, during a period of suspension, or after his license has been revoked by the board is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned for not more than ninety days, or both.

(B)   For the purpose of any investigation or proceeding under the provisions of this article, the board or a person designated by the board may administer oaths and affirmations, subpoena witnesses, take testimony, and require the production of any documents or records which the board considers relevant to the inquiry.

(C)   If the board has sufficient evidence that a person is violating a provision of this article, the board, in addition to all other remedies, may order the person to immediately desist and refrain from this conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from this conduct. An administrative law judge may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter it considers proper. No bond may be required of the board by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section.

(D)   Investigations and disciplinary proceedings under this article must be conducted in accordance with the provisions of Article 1.

(E)   No provision of this article may be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law or prohibiting the respondent from normal access to the charges and evidence filed against him as a part of due process under the law.

Section 40-47-1005.   Misconduct constituting grounds for revocation, suspension, probation, reprimand, restrictions, or denial of a license must be found when a physician assistant PA:

(1)   has knowingly allowed himself or herself to be misrepresented as a physician;

(2)   has filed or has had filed on his or her behalf with the board any false, fraudulent, or forged statement or documents;

(3)   has performed any work assignment, task, or other activity which is not on the physician assistant PA scope of practice guidelines;

(4)   misuses alcohol or drugs to such a degree to render him or her unfit to practice as a physician assistant PA;

(5)   has been convicted of a felony or a crime involving moral turpitude or drugs;

(6)   has sustained any physical or mental disability which renders further practice dangerous to the public;

(7)   has engaged in any dishonorable or unethical conduct that is likely to deceive or harm patients;

(8)   has used or made any false or fraudulent statement in any document connected with practice or licensure as a physician assistant PA;

(9)   has obtained or assisted another person in obtaining fees under dishonorable, false, or fraudulent circumstances;

(10)   has violated or conspired with another person to violate any provision of this article; or

(11)   otherwise demonstrates a lack of the ethical or professional competence required to act as a physician assistant PA.

Section 40-47-1010.   A license issued pursuant to this chapter may be renewed biennially or as otherwise provided by the board and department. A person who has not demonstrated continuing education, as required by this article, is not eligible for issuance or renewal of an authorization to practice.

Section 40-47-1015.   (A)   Fees for physician assistant PA licensure are established as follows:

(1)   initial licensing fee, not to exceed five hundred dollars;

(2)   renewal of license fee, not to exceed one hundred and fifty dollars;

(3)   late renewal fee, not to exceed the renewal fee doubled; and

(4)   reactivation application fee, not to exceed two hundred dollars;

(5)   change in supervisor fee, not to exceed one hundred and fifty dollars;

(6)   additional primary supervisor for dual employment fee, not to exceed one hundred and fifty dollars.

(B)   Fees may be adjusted biennially pursuant to Section 40-1-50 to ensure that they are sufficient but not excessive to cover expenses including the total of the direct and indirect costs to the State for the operations of the committee.

Section 40-47-1020.   Nothing in this article may be construed to require third party reimbursement directly to a physician assistant PA for services rendered."

SECTION   3.   This act takes effect ninety days after the approval of the Governor.     /

Renumber sections to conform.

Amend title to conform.

Senator DAVIS explained the amendment.

The amendment was adopted.

On motion of Senator DAVIS, the Bill was carried over.

CARRIED OVER

S. 259 (Word version) -- Senators Goldfinch, Campsen, Kimpson and Senn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 61 TO TITLE 48 SO AS TO ENACT THE "SOUTH CAROLINA RESILIENCE REVOLVING FUND ACT"; TO ESTABLISH THE "SOUTH CAROLINA RESILIENCE REVOLVING FUND" TO PROVIDE LOW INTEREST LOANS TO PERFORM FLOODED-HOME BUYOUTS AND FLOODPLAIN RESTORATION, TO AUTHORIZE THE BANK TO UNDERTAKE CERTAIN ACTIONS IN ORDER TO PROPERLY FUNCTION, TO ESTABLISH CERTAIN CRITERIA FOR LOANS AND ELIGIBLE FUND RECIPIENTS, TO PROVIDE CERTAIN REQUIREMENTS FOR THE MONIES WITHIN THE FUND, TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO UNDERTAKE CERTAIN ACTIONS TO EFFECTIVELY OPERATE THE FUND.

The Senate proceeded to the consideration of the Bill.

Senator CAMPBELL explained the Bill.

On motion of Senator SCOTT, the Bill was carried over.

CARRIED OVER

H. 3449 (Word version) -- Reps. Hiott, Lucas, Kirby, Forrest, Young, Hixon, B. Newton, Erickson, Bradley, Mace, Atkinson, Ligon, Magnuson, Hill, Johnson and Hardee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-55-70 SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE IS RESPONSIBLE FOR THE REGULATION OF HEMP IN SOUTH CAROLINA IN STRICT COMPLIANCE WITH THE STANDARDS AND PRACTICES ESTABLISHED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE; AND TO REPEAL SECTIONS 46-55-20 THROUGH 46-55-60, ALL RELATING TO INDUSTRIAL HEMP.

On motion of Senator MARTIN, the Bill was carried over.

CARRIED OVER

S. 136 (Word version) -- Senators Davis and Shealy: A BILL TO AMEND SECTION 44-53-360(j) OF THE 1976 CODE, RELATING TO CONTROLLED SUBSTANCE PRESCRIPTIONS, TO REQUIRE THE USE OF ELECTRONIC PRESCRIPTIONS AND TO PROVIDE EXCEPTIONS.

On motion of Senator MARTIN, the Bill was carried over.

POINT OF ORDER

S. 463 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 40-43-86 OF THE 1976 CODE, RELATING TO FACILITY REQUIREMENTS FOR PHARMACIES, THE PRESENCE OF PHARMACISTS-IN-CHARGE, CONSULTANT PHARMACISTS, PRESCRIPTION DRUG ORDERS, THE TRANSFERRING OF PRESCRIPTIONS, THE SUBSTITUTION OF AN EQUIVALENT DRUG OR INTERCHANGEABLE BIOLOGICAL PRODUCT, LABEL REQUIREMENTS, PATIENT RECORDS AND COUNSELING, POLICIES AND REQUIREMENTS FOR AUTOMATED SYSTEMS, UNLAWFUL PRACTICES, SALES TO OPTOMETRISTS AND HOME MEDICAL EQUIPMENT PROVIDERS, THE CODE OF ETHICS, THE SALE OF POISONS AND RETURNED MEDICATIONS, PERMIT FEES, AND COMPOUNDING REGULATIONS AND RESTRICTIONS, TO PROVIDE THAT A PHARMACIST MAY EXERCISE HIS PROFESSIONAL JUDGMENT TO DISPENSE UP TO A NINETY-DAY SUPPLY OF MEDICATION PER REFILL UP TO THE TOTAL NUMBER OF DOSAGE UNITS AS AUTHORIZED BY THE PRESCRIBER ON THE ORIGINAL PRESCRIPTION, TO PROVIDE CERTAIN REQUIREMENTS, AND TO PROVIDE EXCEPTIONS.

Point of Order

Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 525 (Word version) -- Senators Grooms, Reese, Massey, J. Matthews, Gambrell, Goldfinch, Setzler, Gregory, Harpootlian, Sheheen, Alexander, Verdin, Talley, Campsen, Campbell, Hutto, Young, Turner, Cromer, Corbin, Davis, Climer, Johnson, Kimpson, McElveen, McLeod, Sabb, Williams, Leatherman, Malloy, Fanning, Hembree and Rankin: A BILL TO AMEND SECTION 44-2-90 OF THE 1976 CODE, RELATING TO THE DISPOSITION OF ACCRUED INTEREST IN THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY FUND, TO REPEAL THE ABOLITION OF THE ENVIRONMENTAL IMPACT FEE.

Point of Order

Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

H. 3127 (Word version) -- Reps. Dillard, Henderson-Myers, Clyburn, Weeks, Robinson and Gilliard: A JOINT RESOLUTION TO ESTABLISH THE MOLD ABATEMENT AND REMEDIATION STUDY COMMITTEE TO STUDY THE IMPACT OF MOLD IN PUBLIC AREAS AND TO ASCERTAIN THE BEST METHOD OF ABATEMENT FOR MOLD IN PUBLIC AREAS; TO PROVIDE FOR THE MEMBERSHIP OF THE STUDY COMMITTEE, TO ESTABLISH CERTAIN GOALS FOR THE STUDY COMMITTEE, TO REQUIRE THE STUDY COMMITTEE TO PREPARE A REPORT FOR THE GENERAL ASSEMBLY, AND TO DISSOLVE THE STUDY COMMITTEE.

Point of Order

Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

H. 3987 (Word version) -- Reps. Gagnon and West: A BILL TO AMEND SECTION 7-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ABBEVILLE COUNTY, SO AS TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.

Point of Order

Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

ADOPTED

S. 533 (Word version) -- Senators Massey and Young: A SENATE RESOLUTION TO RECOGNIZE MAY 2019 AS "BETTER HEARING AND SPEECH MONTH" IN SOUTH CAROLINA AND TO ENCOURAGE ALL SOUTH CAROLINIANS TO BECOME INFORMED ABOUT THIS CRITICAL HEALTH ISSUE.

The Resolution was adopted.

S. 478 (Word version) -- Senator Shealy: A CONCURRENT RESOLUTION TO RECOGNIZE TUESDAY, APRIL 16, 2019, AS "DONOR DAY" IN SOUTH CAROLINA; TO HONOR ALL THOSE WHO HAVE MADE THE DECISION TO GIVE THE GIFT OF LIFE; TO FOCUS ATTENTION ON THE EXTREME NEED FOR ORGAN, EYE, AND TISSUE DONATION; AND TO ENCOURAGE ALL RESIDENTS TO TAKE ACTION AND SIGN UP ON SOUTH CAROLINA'S ORGAN AND TISSUE DONOR REGISTRY AT THEIR LOCAL SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES OFFICE OR AT DONATE LIFE SOUTH CAROLINA'S WEBSITE.

The Resolution was adopted, ordered sent to the House.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION UNDER RULE 32B ADOPTED

Senator MASSEY, Chairman of the Committee on Rules, moved under the provisions of Rule 32B to call S. 474 from the Contested Calendar.

The motion under Rule 32B was adopted.

MOTION ADOPTED

At 2:56 P.M., on motion of Senator MASSEY, the Senate agreed to dispense with the balance of the Motion Period.

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

AMENDMENT PROPOSED, DEBATE INTERRUPTED

S. 474 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 50-5-1705 OF THE 1976 CODE, RELATING TO CATCH LIMITS FOR ESTUARINE AND SALTWATER FINFISH, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR HAVE IN POSSESSION MORE THAN TEN SPADEFISH IN ANY ONE DAY, NOT TO EXCEED THIRTY SPADEFISH IN ANY ONE DAY ON ANY BOAT; AND TO AMEND SECTION 50-5-1710(B) OF THE 1976 CODE, RELATING TO SIZE LIMITS FOR ESTUARINE AND SALTWATER FINFISH, TO PROVIDE THAT IT IS UNLAWFUL TO TAKE, POSSESS, LAND, SELL, PURCHASE, OR ATTEMPT TO SELL OR PURCHASE SPADEFISH OF LESS THAN FOURTEEN INCHES IN TOTAL LENGTH.

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

Senator CAMPSEN explained the Bill.

Amendment No. 1

Senator KIMPSON proposed the following amendment (474R001.SP.MEK):

Amend the bill, as and if amended, page 1, by striking line 33 and inserting:

/     exceed twenty spadefish in any one day on any boat."     /

Renumber sections to conform.

Amend title to conform.

Senator KIMPSON spoke on the amendment.

Senator MALLOY moved that the Senate stand adjourned.

Debate was interrupted by adjournment.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Senate, the following appointments were confirmed in open session:
Initial Appointment, Allendale County Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Willard Branch, Post Office box 57, Fairfax, SC 29827-0057

Reappointment, Allendale County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Willard Branch, Post Office box 57, Fairfax, SC 29827-0057

Reappointment, Spartanburg County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
David James Turner, 106 Miller Road, Spartanburg, SC 29376-3707

Reappointment, Spartanburg County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Jason Wall, 448 Old Boiling Springs Road, Spartanburg, SC 29303-1921

Reappointment, Spartanburg County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
James Willingham, 105 Edge Road, Moore, SC 29369-9521

Reappointment, Spartanburg County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Quenton M. Wood, 354 Twin Oaks Dr., Spartanburg, SC 29306

Motion Adopted

On motion of Senator MALLOY, the Senate agreed to stand adjourned.

ADJOURNMENT

At 3:55 P.M., on motion of Senator MALLOY, the Senate adjourned to meet tomorrow at 12:00 Noon.

* * *

This web page was last updated on Tuesday, March 12, 2019 at 4:34 P.M.