Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear words that lift up the heart from the Book of Revelation, Chapter 21 (v. 3f.) (NRSV):
"And I heard a loud voice from the throne
saying,
'See, the home of God is among mortals.
He will dwell with them; they will be His
peoples, and God Himself will be with them...
for the first things have passed
away'."
Let us pray.
Our Father, in our struggling days on earth, we often think of ultimate things.
We thank You for the picture that John gives us of heaven, where God is no longer the transcendent God, far off, but a God who dwells with His people.
We thank You that it is not necessary to wait for heaven to have God dwell with His people. He longs to dwell with us, and in us, by faith... in the here and now!
Grant unto us so to live today that our world may be a happier place because we passed through it, toiling, rejoicing, and looking forward to tomorrow because we believe that "the home of God is among mortals."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 22, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, State Board for Technical and Comprehensive Education, with term to commence June 1, 1995, and to expire June 1, 2001:
5th Congressional District:
Mr. Ralph A. Odom, Jr., 877 Hillcroft Place, Rock Hill, S.C. 29732 VICE Clarence Hood Hornsby, Jr.
Referred to the Committee on Education.
February 27, 1996
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Board of Financial Institutions, with term to commence June 30, 1996, and to expire June 30, 2000:
Savings & Loan:
Mr. Herbert W. Watts, President, First Federal Savings & Loan Association, Post Office Box 512, Cheraw, S.C. 29520 VICE William L. Abercrombie, Jr.
Referred to the Committee on Banking and Insurance.
Reappointment, John De La Howe School Board of Trustees, with term to commence April 1, 1996, and to expire April 1, 2001:
At-Large:
Mr. James L. Victor, Post Office Box 1077, Aiken, S.C. 29802
Referred to the Committee on Education.
Initial Appointment, Commission on Higher Education, with term to commence July 1, 1996, and to expire July 1, 2000:
At-Large:
Mr. William H. Stern, 2134 Bermuda Hills Road, Columbia, S.C. 29223
Referred to the Committee on Education.
Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 1996, and to expire June 30, 1999:
At-Large:
Edward B. Hart, Jr., D.M.A., 6 Savage Street, Charleston, S.C. 29401 VICE Carl R. Blair
Referred to the General Committee.
The following were received and referred to the appropriate committees for consideration:
Document No. 1889
Promulgated by Clemson University - State Crop Pest Commission
27-135. Designation of Plant Pests
Received by Lt. Governor March 6, 1996
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date July 4, 1996
Document No. 1908
Promulgated by Department of Labor, Licensing, and Regulation Residential Builders Commission
Qualifications for Licensure
Received by Lt. Governor March 5, 1996
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date July 3, 1996
Document No. 1909
Promulgated by Department of Labor, Licensing, and Regulation Commissioners of Pilotage
Port of Port Royal: Apprenticeship Selection Process; Pilot and Apprentice Age Limits
Received by Lt. Governor February 29, 1996
Referred to Senate Committee on Transportation
120 day review expiration date June 28, 1996 (Subject to Sine Die Revision)
Senator J. VERNE SMITH introduced Dr. Don Gregg of Greenville, S.C., Doctor of the Day.
Senator LEATHERMAN, Chairman of the Ethics Committee, was recognized to address brief remarks to the body.
At 12:12 P.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:45 P.M.
There was no objection and a message was sent to the House accordingly.
Columbia, S.C., March 19, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.
asks for a Committee of Conference, and has appointed Reps. Jaskwhich, Vaughn and Cato of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators J. VERNE SMITH, FAIR and BOAN of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
The following were introduced:
S. 1254 -- Senator Holland: A BILL TO AMEND SECTION 48-11-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNING BODY OF A WATERSHED CONSERVATION DISTRICT, SO AS TO PROVIDE THAT A CANDIDATE FOR THE OFFICE OF DIRECTOR OF A WATERSHED CONSERVATION DISTRICT MUST FILE A DECLARATION OF CANDIDACY NOT LATER THAN NOON SEPTEMBER FIRST WITH THE COUNTY ELECTION COMMISSION, AND TO PROVIDE THAT IF A WATERSHED DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THAT THE DECLARATION OF CANDIDACY MUST BE FILED WITH THE STATE ELECTION COMMISSION.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1255 -- Senator Holland: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON FOR ANTLERED DEER IN GAME ZONE 5.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1256 -- Senators Martin and Alexander: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1257 -- Senators Giese and Lander: A BILL TO AMEND CHAPTER 67, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE ACT FOR SPEECH/LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS, SO AS TO REVISE THIS CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1258 -- Senator Moore: A SENATE RESOLUTION CONGRATULATING AND COMMENDING MRS. JO-ANNE V. NEWMAN OF AIKEN COUNTY ON RECOGNIZING HER AS THE FIRST WOMAN TO REFEREE AN AMATEUR BOXING MATCH AT THE NATIONAL LEVEL IN JUNE OF 1993.
The Senate Resolution was adopted.
S. 1259 -- Senator Jackson: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. LAURA TOLIVER "MOTHER" JEFFERSON OF RICHLAND COUNTY AND EXTENDING DEEPEST SYMPATHY TO MRS. JEFFERSON'S FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4758 -- Rep. Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING THE PANTHERS OF PINEWOOD PREPARATORY SCHOOL ON WINNING THE SCISAA CLASS AAA STATE CHAMPIONSHIP IN BOYS BASKETBALL FOR 1996.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4767 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION CONGRATULATING THE BULLDOGS OF HOLLY HILL-ROBERTS HIGH SCHOOL ON WINNING THE 1996 CLASS AAA STATE CHAMPIONSHIP IN BOYS BASKETBALL.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4768 -- Rep. Gamble: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF FRANKLIN J. KELLY OF WEST COLUMBIA, WHO WAS TRAGICALLY KILLED AT HIS BARBER SHOP ON ASSEMBLY STREET IN COLUMBIA EARLY THURSDAY MORNING ON MARCH 14, 1996, IN A SENSELESS ACT OF PREMEDITATED VIOLENCE.
Whereas, the members of the General Assembly along with the rest of South Carolina were shocked and saddened to learn that Franklin J. Kelly, a well-known and popular Columbia barber, was shot to death early Thursday morning on March 14, 1996, in his barber shop in a senseless act of violence which also took the life of one of his customers and wounded another barber working in the shop; and
Whereas, Frank Kelly was a native of Walhalla and a resident of West Columbia, owned and operated Kelly's Barber Shop on Assembly Street in Columbia, and had practiced his profession in Columbia for over forty-nine years at four different locations on Assembly Street; and
Whereas, he not only gave hair cuts to people from all walks of life at his shop from police officers to ROTC students, but he also volunteered to cut hair for hospital patients, retirement home patients, and even people who were in jail; and
Whereas, throughout his seventy-five years, he was truly a friend to all those with whom he came into contact and gave freely of his time and resources especially to those people who were in need; and
Whereas, he served his country honorably as an Army veteran of World War II and was a loyal and devoted member of the First Baptist Church of West Columbia. He especially loved working in his yard at his home on "C" Avenue in West Columbia, as well as sharing this love of gardening with his friends and neighbors; and
Whereas, the members of the General Assembly, by this resolution, would like to extend their sincere and heartfelt condolences to his wife, two daughters, and other members of his family in this time of deep sorrow at the loss of this truly fine man. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby express their deepest sympathy to the family and many friends of Franklin J. Kelly of West Columbia, who was tragically killed at his barber shop on Assembly Street in Columbia early Thursday morning on March 14, 1996, in a senseless act of premeditated violence.
Be it further resolved that a copy of this resolution be forwarded to his widow, Mrs. Lila Mae Smith Kelly.
Senator SETZLER moved that the Concurrent Resolution be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4769 -- Rep. Gamble: A CONCURRENT RESOLUTION CONGRATULATING BROOKLAND-CAYCE HIGH SCHOOL OF LEXINGTON COUNTY SCHOOL DISTRICT TWO ON BEING NAMED A WINNER IN REDBOOK MAGAZINE'S "AMERICA'S BEST SCHOOLS" PROJECT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4770 -- Reps. Klauber, Carnell, McAbee and Stille: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MARION H. DAVIS, SR., OF GREENWOOD, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4735 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE ATHLETIC COMMISSION, RELATING TO COMBATIVE SPORTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1907, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the General Committee.
H. 4747 -- Rep. D. Smith: A BILL TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE ALL MEMBERS OF THE BOARD OF FIRE CONTROL OF THE DISTRICT TO BE ELECTED IN A NONPARTISAN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE FOR THE STAGGERING OF TERMS, AND THE MANNER OF ELECTION, AND DELETE THE PROVISION REQUIRING A TWENTY PERCENT PETITION OF THE QUALIFIED ELECTORS OF THE DISTRICT TO INITIATE AN ELECTION OF THE MEMBERS OF THE BOARD.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolution having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
S. 1140 -- Senators Moore, Ryberg, Setzler, Lander, Jackson, Matthews and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-16-105 SO AS TO AUTHORIZE A MEMBER OF A JOINT AGENCY TO CONTRACT WITH THE JOINT AGENCY FOR COLLECTION, TRANSFER, AND/OR DISPOSAL OF SOLID WASTE AND TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THIS CONTRACT; AND TO AMEND SECTION 6-16-120, RELATING TO GOVERNING BODIES APPROVING JOINT AGENCY PROJECTS FINANCED BY BONDS, SO AS TO REVISE WHICH GOVERNING BODIES MUST APPROVE THE PROJECT.
H. 4329 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Hutson, Cain, Shissias, T. Brown, J. Brown, Harvin, Carnell, Rogers, Scott, Meacham and Clyburn: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING IN CONJUNCTION WITH THE CENTER OF HEALTH POLICY, INSTITUTE OF PUBLIC AFFAIRS, UNIVERSITY OF SOUTH CAROLINA, TO EVALUATE AND STUDY OPTIONS FOR CONSUMER FINANCING OF LONG-TERM CARE AND TO REPORT AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY.
S. 21 -- Senator Mescher: A BILL TO AMEND CHAPTER 29, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR REGISTRATION OF TATTOO ARTISTS AND TATTOO PARLORS BY PROVIDING FOR DEFINITIONS, REGISTRATION AND RENEWAL REQUIREMENTS AND FEES, MINIMAL STANDARDS, TATTOOING AND STERILIZING PROCEDURES, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INSPECTIONS, REGISTRATION DENIAL, REVOCATION, OR SUSPENSION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-17-700, RELATING TO TATTOOING, SO AS TO CHANGE THE CRIMINAL OFFENSE PROHIBITING ALL TATTOOING TO ALLOW TATTOOING OF THOSE EIGHTEEN YEARS OF AGE OR OVER.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Medical Affairs Committee proposed the following amendment (PFM\7956AC.96), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 16-17-700 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-17-700. (A) It is unlawful for a person to tattoo:
(1) any part of the body of another person under the age of eighteen;
(2) part of the head, face, or neck of another person;
(3) a person without following the November 15, 1985, Centers for Disease Control document (MMWR Volume 34, Number 45) entitled 'Recommendations for Preventing Transmission of Infection with Human T-Lymphotropic Virus Type III/Lymphadenopathy-Associated Virus in the Workplace' as it applies to personal service workers or equivalent guidelines developed by the Department of Health and Environmental Control and appropriate supplements or revisions to this document or these guidelines.
(B) However, it is not unlawful for a licensed physician or surgeon to tattoo part of a patient's the body of a person of any age if in his the physician's or surgeon's medical opinion it is necessary when performing cosmetic or reconstructive surgery.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 68 -- Senators McConnell, Rose and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-340 SO AS TO PROVIDE IMMUNITY FROM LIABILITY FOR A TECHNICAL EXPERT PROVIDING ADVICE AND ASSISTANCE TO A COUNTY OR OTHER POLITICAL SUBDIVISION DURING THE COURSE OF A HAZARDOUS MATERIALS EMERGENCY AND TO PROVIDE EXCEPTIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Medical Affairs Committee proposed the following amendment (JIC\5376AC.96), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 15-78-30(c) of the 1976 Code, as last amended by Act 380 of 1994, is further amended to read:
"(c) Prior to January 1, 1989, 'Employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession.
On or after January 1, 1989, 'Employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, including, but not limited to, technical experts whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator MOORE explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 956 -- Senator Rankin: A BILL TO AMEND SECTION 61-9-312, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL VERSION OF A SPECIAL RETAIL BEER AND WINE PERMIT FOR OFF-PREMISES CONSUMPTION, SO AS TO REVISE THE MANNER IN WHICH A CERTAIN PORTION OF THE REVENUE GENERATED BY THE PERMIT FEES SHALL BE USED.
Senator RANKIN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator RANKIN explained the Bill.
On motion of Senator RANKIN, with unanimous consent, the Bill was read the second time, with notice of general amendments and ordered placed on the third reading Calendar.
H. 3532 -- Reps. Wright, H. Brown, Cato, Cooper, Fulmer, Harvin, Harwell, Keegan, Knotts, Koon, Wilkins and A. Young: A BILL TO AMEND TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENTS, GAMES, AND ATHLETIC CONTESTS BY ADDING CHAPTER 19 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN A ROLLER SKATING ACTIVITY CAUSED BY AN INHERENT RISK OF ROLLER SKATING.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator HOLLAND, with unanimous consent, the Bill was read the second time, with notice of general amendments and ordered placed on the third reading Calendar, carrying over all amendments.
The following Bill and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
H. 4493 -- Rep. McTeer: A BILL TO AMEND SECTION 44-93-210, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO THE REGULATION OF THE AMOUNT OF INFECTIOUS WASTE GENERATED IN THE STATE, SO AS TO APPLY CERTAIN LIMITATIONS TO ALL INFECTIOUS WASTE INCINERATOR FACILITIES RATHER THAN ONLY TO COMMERCIAL FACILITIES, AND TO REMOVE THE EXEMPTION FROM THIS LIMITATION FROM HOSPITALS AND GENERATOR FACILITIES; AND TO REPEAL SECTION 44-93-200 RELATING TO HOSPITAL AND GENERATOR FACILITIES' EXEMPTION FROM CERTAIN PROVISIONS OF THE INFECTIOUS WASTE MANAGEMENT ACT.
H. 4524 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO RETAIL FOOD STORE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1900, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4361 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Cain, Shissias, T. Brown, J. Brown, Jennings, Harvin, Carnell, Rogers and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-36-325 SO AS TO DIRECT THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER TO DEVELOP A GRANT PROGRAM TO ASSIST WITH PROBLEMS RELATIVE TO THIS DISEASE AND TO REQUIRE THE GRANT RECIPIENT TO PROVIDE MATCHING FUNDS OR IN-KIND CONTRIBUTIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Medical Affairs Committee proposed the following amendment (GJK\22452AC.96), which was adopted:
Amend the bill, as and if amended, in Section 44-36-325 of the 1976 Code, page 1, line 28, by deleting /center/ and inserting /Alzheimer's Disease and Related Disorders Resource Coordination Center/; and by deleting on line 28, /on/ and inserting /regarding/
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 981 -- Senators Giese, Passailaigue, Glover, Wilson, Lander, Rose, Leatherman, Elliott, Mescher and Washington: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING IN CONJUNCTION WITH THE HEALTH CARE PLANNING AND OVERSIGHT COMMITTEE, THE STATE DEPARTMENT OF HEALTH AND HUMAN SERVICES, THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, AND THE DEPARTMENT OF REVENUE AND TAXATION TO STUDY THE EFFECT OF INMIGRATION ON HEALTH CARE COSTS AND OTHER AGING NETWORK SERVICES AND TAX POLICIES RELATIVE TO INMIGRANTS AND TO SUBMIT A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 1997.
On motion of Senator J. VERNE SMITH, the Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator BRYAN spoke on the Bill.
Senator PASSAILAIGUE proposed the following Amendment No. 4 (1117R017.ELP), which was adopted:
Amend the bill, as and if amended, page 4, by striking lines 38 through 40, and inserting in lieu thereof the following:
/guidelines. Funds under this chapter will be withheld until a school district has assisted with and complied with this survey. This comprehensive survey shall serve as the basis for a/
Amend the bill further, as and if amended, page 5, line 15, by inserting after the / . / the following:
/Any standardized cost allowances must take into account regional variances that are beyond the control of individual districts./
Amend the bill further, as and if amended, page 9, by striking lines 4 and 5 and inserting the following:
/Section 59-144-260. Funds may be withheld from a district until it has complied with the requirements of Section 59-144-120 to receive funds/
Amend title to conform.
Senator BRYAN spoke on the amendment.
The amendment was adopted.
Senators PASSAILAIGUE, McGILL, O'DELL, RICHTER, SHORT, ROSE and McCONNELL proposed the following Amendment No. 6 (1117R018.ELP), consideration of which was delayed pending a Ruling on the Point of Order:
Amend the bill, as and if amended, page 14, after line 14, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 59-122-20 of the 1976 Code, as amended by Act 102 of 1989, is further amended to read:
"Section 59-122-20. (A) The board is authorized to acquire and maintain, by construction and purchase, such student and faculty housing and auxiliary facilities as it determines to be necessary, appropriate, or convenient to assist in the proper and efficient operation of The Citadel. The board is further authorized to undertake the renovation, refurbishment, or rehabilitation of any of its student and faculty housing and auxiliary facilities as it considers appropriate. In connection with this acquisition or renovation, the board also is authorized to acquire equipment, furnishings, and machinery as are necessary or desirable for the efficient and proper use of the facilities.
(B) To provide the money necessary to pay the costs incurred in the exercise of its powers, the board is authorized to incur indebtedness, of which the principal amount outstanding at any time may not exceed twenty-five thirty-five million dollars and to apply the proceeds in accord with Section 59-122-30 of this chapter. The board is authorized to issue bond anticipation notes as provided in Chapter 17 of Title 11 and to refund or advance refund any bonds issued pursuant to this at such terms and under such conditions as it considers appropriate, with state board approval, following review by the Joint Bond Review Committee."/
Amend title to conform.
Senator SETZLER raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator PASSAILAIGUE spoke on the Point of Order.
The PRESIDENT took the Point of Order under advisement.
Senator CORK moved that the Bill be carried over.
Senator SETZLER objected.
Senator FAIR proposed the following Amendment No. 5 (PT\2268DW.96):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This section is known and may be cited as the "South Carolina Children's Education Endowment Act of 1996".
SECTION 2. Chapter 143 of Title 59 of the 1976 Code, as added by Section 82, Part II of Act 145 of 1995, is amended to read:
Section 59-143-10. There is hereby established the South Carolina Educational Assistance Children's Education Endowment Fund. The revenue received pursuant to Section 48-48-140(C) must be deposited by the State Treasurer in a fund separate and distinct from the state general fund entitled the 'Educational Assistance Children's Education Endowment Fund'. All interest or income earned by the fund shall be retained in the fund and used for its stated purposes which are to provide funding for Public School Facilities Assistance and Higher Education Scholarship Grants. It is the intent of the General Assembly that in creating this endowment that its funds be managed so as to establish and fund these programs permanently. Upon receipt of monies transferred to the Endowment Fund by the State Treasurer, thirty percent of these monies must be allocated to Higher Education Scholarship Grants and seventy percent must be allocated to Public School Facility Assistance. Earnings on each allocation shall accumulate for the benefit of that particular program. For purposes of the allocation to Higher Education Scholarship Grants, the The Budget and Control Board shall distribute monies from each allocation quarterly beginning with Fiscal Year 1996-97 based on actual receipts and earnings for the prior quarter of that allocation. release a minimum of ten million dollars annually beginning with the 1996-97 fiscal year.
Section 59-143-20. The board in its discretion may accumulate the principal and income of each program's funds, may disburse a portion or all of each program's annual or accumulated principal or income, and may for purposes of Public School Facilities Assistance cause to be issued revenue bonds as provided by law the debt service on which may be paid from that program's funds. All principal and income of each program's funds may be carried forward from fiscal year to fiscal year and used for that program's purposes."
SECTION 3. Title 59 of the 1976 Code is amended by adding:
Section 59-144-10. Funds available from the Children's Education Endowment Fund, as established in Chapter 143 of this title, must be used for public school facilities assistance as provided in this chapter.
Section 59-144-20. For the benefit of the people of the State and the increase of their commerce, welfare, and prosperity, it is essential that the school districts of this State be assisted in obtaining adequate school facilities to assist youth in achieving the required levels of learning. It is the purpose of this chapter to provide a measure of assistance to the school districts of this State in securing the facilities and structures which are needed to accomplish the goals and purposes of public education, all to the public benefit and good, to the extent and manner provided in this chapter.
Section 59-144-30. Funds made available through this chapter must be used for permanent school instructional facilities and fixed equipment including the costs for construction, improvement, enlargement, or renovation of public school facilities. The district may use its allocation for payment of debt service provided that the debt service relates to school facilities as defined herein. As used in this chapter, 'school facilities' only includes facilities necessary for instructional and related purposes including, but not limited to, classrooms, libraries, media centers, laboratories, cafeterias, physical education spaces, related interior and exterior facilities, and the conduit, wiring, and powering of hardware installations for classroom computers or for area network systems. 'School facilities' does not include unimproved real property, centralized district administration facilities, or other facilities, including those normally identified with interscholastic sports activities.
Section 59-144-100. (A) Funds made available under this chapter must be allocated annually to the school districts as follows:
(1) sixty percent of the funds allocated annually to the several school districts for facilities' needs must be allocated on a per pupil basis using the weighted pupil units of each district for the preceding year;
(2) forty percent must be allocated according to the preceding year's Education Finance Act (EFA) formula;
(3) a district's annual allotment must be the sum of the two amounts calculated as provided in this subsection. Funds from a district's allotment shall be made available as needed once approval is received from the State Board of Education pursuant to Chapter 23 of this title.
(B) The Department of Juvenile Justice, the Wil Lou Gray Opportunity School, the John de la Howe School, and the South Carolina School for the Deaf and the Blind also shall be annually allocated funds from the Children's Education Endowment Fund for facilities needs on a per pupil basis using weighted pupil units for one hundred percent of their allocations. For purposes of these allocations only, all pupils of these schools are considered K-12 pupils.
(C) Notwithstanding the provisions of Section 59-143-10 and this chapter, from the funds made available under this chapter from the public school facilities assistance allocation:
(1) Three million dollars annually for two consecutive years beginning with Fiscal Year 1996-97 must be allocated to the Governor's School for the Arts;
(2) Five million dollars annually for three consecutive years beginning with Fiscal Year 1996-97 must be allocated to the Governor's School for Math and Science; and
(3) Three million dollars annually for four consecutive years beginning with Fiscal Year 1996-97 must be allocated to the several multi-district career centers of this State on a per pupil basis.
Section 59-144-110. The State Board of Education shall establish and appoint a twenty-member advisory committee to assist in developing guidelines, regulations, and standards pursuant to this chapter. The State Superintendent of Education shall recommend members for the advisory committee which shall include individuals with backgrounds in the following areas:
(a) capital improvements financing;
(b) building construction;
(c) school building design;
(d) district finances;
(e) district administration;
(f) local boards of trustees;
(g) classroom instruction; and
(h) educational facilities requirements at the primary, elementary, middle, and high school levels.
Members of the committee shall receive mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions to be paid from public school facilities assistance funds. The members of the advisory committee shall serve at the pleasure of the State Board of Education.
Section 59-144-120. To qualify for funds under this chapter, each school district shall meet the conditions and qualifications provided for in this chapter. Funds must be withheld from districts when inappropriate use of funds is documented.
Section 59-144-130. By December 1, 1998, the State Board of Education shall recommend to the General Assembly changes to be made to this chapter regarding program objectives, appropriate funding levels, and funding allotment formulas."
SECTION 4. Paragraph 72.71 of Part IB of Act 145 of 1995 is amended to read:
"72.71. (GP: Educational Assistance Children's Education Endowment Fund) Notwithstanding provisions contained within this act, for this fiscal year only, the revenue credited to the Educational Assistance Children's Education Endowment Fund pursuant to Section 48-47-175(C) 48-48-140(C) shall be used as follows: $7,000,000 for University of Charleston -- Acquisition of Adjoining Property, $4,000,000 for Greenville Higher Education Consortium, $5,400,000 for Archives and History -- History Center, $600,000 for the School for the Deaf and the Blind -- Maintenance and Equipment, and $185,000 for Wil Lou Gray Opportunity School -- Building Maintenance with the remaining funds to be distributed on a seventy percent-thirty percent basis to Public School Facilities Assistance and Higher Educational Scholarship Grants, respectively; however no less than $39,400,000 shall go to Scholarship Grants."
SECTION 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator J. VERNE SMITH spoke on the amendment.
At 1:05 P.M., on motion of Senator SETZLER, with unanimous consent, the Senate receded from business not to exceed three minutes.
At 1:07 P.M., the Senate resumed.
On motion of Senator SETZLER, with unanimous consent, Senator FAIR was granted leave to withdraw Amendment No. 5 and substitute a perfected amendment.
Senator J. VERNE SMITH spoke on the amendment.
On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, with Senator J. VERNE SMITH retaining the floor.
On motion of Senators LANDER and SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Frank J. Kelly of West Columbia, S.C.
At 1:10 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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