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:
March 17, 1998, the real St. Patrick's Day.
Beloved, in honor of the memory of St. Patrick we pray today in the words of Henry van Dyke:
Let us pray.
"Lord God, let me but live my life from year to year with forward face and unreluctant soul;
Not hurrying to, nor turning from the goal;
Not mourning for the things that disappear from what the future veils;
But with a whole and happy heart,
That pays its toll to Youth and Age, and travels on with cheer.
So let the way wind up the hill or down, o'er rough or smooth, the journey will be joy;
Still seeking what I sought when but a boy,
New friendship, high adventure, and a crown.
My heart will keep the courage of the quest,
And hope the road's last turn will be the best..."
Amen!
Senator J. VERNE SMITH made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator SETZLER moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Fair Ford Giese Glover Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 2, 1998
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
Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 1998, and to expire July 1, 2002:
5th Congressional District:
Mr. Campbell D. Coxe, Skuffel Farms, Inc., Post Office Box 505, Darlington, S.C. 29532
Referred to the Committee on Fish, Game and Forestry.
January 29, 1998
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
Reappointment, South Carolina State Ports Authority, with term to commence February 13, 1998, and to expire February 13, 2005:
At-Large:
Mr. William L. Bethea, Jr., 14 Brams Point Road, Hilton Head Island, S.C. 29926
Referred to the Committee on Transportation.
February 12, 1998
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, Commission on Higher Education, with term to commence July 1, 1998, and to expire July 1, 2000:
Ex Officio - Research Institution:
Mr. Lawrence M. Gressette, Jr., 40 Avian Trail, Columbia, S. C. 29206 VICE C. Edward Floyd
Referred to the Committee on Education.
February 17, 1998
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, South Carolina Commission for the Blind, with term to commence May 19, 1998, and to expire May 19, 2002:
5th Congressional District (Blind):
Mr. Christopher B. Yates, 605 Harlington Circle, Hartsville, S.C. 29550 VICE Stella G. Williams
Referred to the General Committee.
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1997, and to expire May 19, 2001:
2nd Congressional District:
V. Al Pakalnis, M.D., 1625 Heyward Street, Columbia, S.C. 29205 VICE Earline S. Gardner
Referred to the General Committee.
February 18, 1998
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, South Carolina Commission for the Blind, with term to commence May 19, 1996, and to expire May 19, 2000:
At-Large:
Mr. Reginald D. Wilson, Jr., 4100 Sandwood Drive, Columbia, S.C. 29206 VICE Oliver H. Willis (as At-Large member)
Referred to the General Committee.
February 24, 1998
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 Appointments, South Carolina Commission for the Blind, with terms to commence May 19, 1998, and to expire May 19, 2002:
4th Congressional District (Blind):
Reverend Oliver H. Willis, 209 Demos Drive, Roebuck, S.C. 29376 VICE Donald K. League
6th Congressional District:
Ms. Barbara D. Leonard, 1330-A Damon Drive, Florence, S.C. 29505 VICE Robert M. Harrelson
Referred to the General Committee.
Senator GIESE introduced Dr. Marion McFarland of Columbia, S.C., Doctor of the Day.
On motion of Senator PASSAILAIGUE, at 12:00 Noon, Senator McCONNELL was granted a leave of absence for today.
S. 1052 -- Senators Alexander, Drummond, J. Verne Smith, Holland, McConnell, Moore, Wilson, Martin, Anderson, Branton, Bryan, Cork, Courson, Courtney, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Matthews, McGill, Mescher, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, Thomas, Waldrep and Washington: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES OF AMERICA TO CELEBRATE THE SIXTY-FIFTH ANNIVERSARY OF THE FOUNDING OF THE CIVILIAN CONSERVATION CORPS AND TO ESTABLISH TUESDAY, MARCH 31, 1998, AS NATIONAL CIVILIAN CONSERVATION CORPS RECOGNITION DAY; AND JOINING OTHER STATES IN EXPRESSING THE APPRECIATION OF THIS STATE TO THE CIVILIAN CONSERVATION CORPS FOR ITS VALUABLE CONTRIBUTIONS TO THE PROTECTION OF OUR NATURAL RESOURCES AND ENCOURAGEMENT OF OUR WORK ETHIC.
Senator LEVENTIS asked unanimous consent to make a motion to recall the Resolution from the Committee on Agriculture and Natural Resources.
There was no objection.
Senator LEVENTIS asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
Senator LEVENTIS asked unanimous consent to adopt the Concurrent Resolution.
There was no objection.
The Concurrent Resolution was adopted, ordered sent to the House of Representatives.
The following were introduced:
S. 1118 -- Senator Setzler: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO V. ERSKINE SUBER, JR., OF CAYCE FOR HIS DEDICATED SERVICE OF OVER THIRTY-FIVE YEARS TO THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION AND THE PEOPLE OF SOUTH CAROLINA, AND WISHING HIM MANY YEARS OF HEALTH AND HAPPINESS FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1119 -- Senator Martin: A BILL TO AMEND SECTION 12-54-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF A WARRANT OF DISTRAINT IN INSTANCES OF PAST DUE TAXES, SO AS TO CREATE A LIEN IN FAVOR OF THE DEPARTMENT OF REVENUE AGAINST ALL PROPERTY OF A PERSON WHO DOES NOT PAY PAST DUE TAXES; AND BY ADDING SECTION 12-54-122 SO AS TO REFER TO THE LIEN AS "TAX LIEN" AND TO DESCRIBE ITS EFFECTS, TO DEFINE MATERIAL TERMS, AND TO SET FORTH PROCEDURES FOR ESTABLISHING AND ENFORCING THE VALIDITY AND PRIORITY OF THE TAX LIEN IMPOSED FOR PAST DUE TAXES.
Read the first time and referred to the Committee on Finance.
S. 1120 -- Senator Elliott: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SECTION 27-32-170, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION TIME SHARING PLAN, AND SECTION 27-32-250, AS AMENDED, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION MULTIPLE OWNERSHIP INTEREST, ALL SO AS TO EXEMPT FROM SALES TAX THE SALE OR RESALE OR THE EXCHANGE OF AN INTEREST IN A VACATION TIME SHARING PLAN AND A VACATION MULTIPLE OWNERSHIP INTEREST.
Read the first time and referred to the Committee on Finance.
S. 1121 -- Senator Martin: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-735 SO AS TO PROHIBIT THE IMPERSONATION OF A STATE OR LOCAL OFFICIAL OR EMPLOYEE IN CONNECTION WITH A SHAM LEGAL PROCESS AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 30, RELATING TO INDEXING AND FILING OF WRITTEN INSTRUMENTS, BY ADDING SECTION 30-9-35 SO AS TO PROHIBIT THE FILING OF A JUDGMENT OR OTHER LIEN AGAINST A FEDERAL, STATE, OR LOCAL OFFICIAL OR EMPLOYEE WITHOUT A COURT OR ADMINISTRATIVE ORDER OR OTHER PROPER AUTHORIZATION, TO PROVIDE A PROCEDURE FOR REMOVING AN INVALID LIEN, AND TO PROVIDE FOR CIVIL REMEDIES FOR A PERSON INJURED BY THE FILING OF AN INVALID LIEN; AND TO AMEND SECTION 30-9-30, AS AMENDED, RELATING TO FILING OF WRITTEN INSTRUMENTS, SO AS TO ALLOW A CLERK OF COURT OR REGISTER OF DEEDS TO REFUSE TO ACCEPT A DOCUMENT FOR FILING IF HE REASONABLY BELIEVES IT IS FALSE OR FRAUDULENT OR IS A SHAM LEGAL PROCESS.
Read the first time and referred to the Committee on Judiciary.
S. 1122 -- Senator Leatherman: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS' REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.
Read the first time and referred to the Committee on Judiciary.
S. 1123 -- Senators Wilson, Hayes, Leventis, J. Verne Smith, Giese, Branton and Lander: A BILL TO AMEND SECTION 25-1-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO ALLOW THE ADJUTANT GENERAL TO ORDER A MEMBER OF THE NATIONAL GUARD OR STATE GUARD TO ACTIVE DUTY FOR NOT MORE THAN FIFTEEN DAYS SUBJECT TO THE CONSENT OF THE GOVERNOR AND THE GUARD MEMBER.
Senator WILSON spoke on the Bill.
Read the first time and ordered placed on the Calendar without reference.
S. 1124 -- Senator Lander: A BILL TO PROVIDE THAT THE MEMBERS OF THE NEWBERRY COUNTY BOARD OF EDUCATION MUST BE ELECTED IN NONPARTISAN ELECTIONS FROM SINGLE-MEMBER ELECTION DISTRICTS TO BE HELD AT THE SAME TIME AS THE GENERAL ELECTION, BEGINNING IN 1998, TO REQUIRE THE COUNTY ELECTION COMMISSION TO CONDUCT THE ELECTIONS, TO PROVIDE FOR THE APPLICABILITY OF CERTAIN NONPARTISAN ELECTION PROCEDURES, TO REQUIRE BOARD MEMBER COMPENSATION TO BE INCLUDED AS A SPECIFIC SECTION IN THE BUDGET AND TO REQUIRE TWO READINGS OF THE SECTION, AND TO PROVIDE FOR REGULAR MEETINGS OF THE BOARD; AND TO REPEAL ACT 284 OF 1985 RELATING TO THE COMPOSITION AND ELECTION OF THE NEWBERRY COUNTY BOARD OF EDUCATION.
Senator LANDER spoke on the Bill.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3150 -- Reps. Haskins, Robinson, Knotts, Scott, Baxley, Leach and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-616 AND 56-5-617 SO AS TO DEFINE THE HIGHWAYS ENCOMPASSING THE INTERSTATE HIGHWAY SYSTEM AND THE STATE HIGHWAY PRIMARY SYSTEM; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO REVISE THE SPEED LIMITS ALONG THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-1535, AS AMENDED, RELATING TO SPEEDING IN WORK ZONES, SO AS TO REVISE THE LANGUAGE ON SIGNS POSTED IN A WORK ZONE AND TO PROVIDE THAT THE PENALTY CONTAINED ON SIGNS POSTED IN A WORK ZONE ARE IN ADDITION TO OTHER PENALTIES FOR SPEEDING; TO AMEND SECTION 56-5-1540, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO REVISE THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT; TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
Read the first time and referred to the Committee on Transportation.
H. 4354 -- Reps. Cato, Kirsh, Mason, Sandifer and Seithel: A BILL TO AMEND SECTION 34-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF MEMBERS TO THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REFLECT THE MERGER OF THE SOUTH CAROLINA BANKERS ASSOCIATION AND THE STATE SAVINGS AND LOAN LEAGUE.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4468 -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 19-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY CERTAIN CHILDREN, SO AS TO EXPAND THE ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER AGE TWELVE; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO HEAR AND DETERMINE ACTIONS CONCERNING CONTROL OF A MINOR, INCLUDING GUARDIANSHIP OF A MINOR; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS USED IN ARTICLE 7, CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY THESE DEFINITIONS TO OTHER ARTICLES IN THE CHILDREN'S CODE; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DUTY TO REPORT EXISTS REGARDLESS OF WHO THE REPORTER BELIEVES TO BE THE PERPETRATOR OF THE ABUSE; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR REPORTING CHILD ABUSE OR NEGLECT, SO AS TO EXPAND THE IMMUNITY TO PERSONS WHO PARTICIPATE IN AN INVESTIGATION OF ABUSE OR NEGLECT; TO AMEND SECTION 20-7-545, AS AMENDED, RELATING TO IMMUNITY OF THE DEPARTMENT OF SOCIAL SERVICES PERSONNEL FROM LIABILITY FOR PERFORMING CHILD PROTECTIVE SERVICES OR CHILD WELFARE FUNCTIONS, SO AS TO ALSO INCLUDE CONTRACT EMPLOYEES; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY PROCEDURES, SO AS TO REVISE CERTAIN PROCEDURES; TO AMEND SECTION 20-7-618 RELATING TO DETAINMENT OF ABUSED OR NEGLECTED CHILDREN BY MEDICAL PROFESSIONALS WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT SUCH DETAINMENT IS NOT KEEPING A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN INVESTIGATION OF A CHILD WHO DIED OF ABUSE OR NEGLECT WITHIN TWENTY-FOUR HOURS UNLESS OTHER CHILDREN ARE IN THE HOME OR IF THE ALLEGED PERPETRATOR IS THE PARENT OR GUARDIAN AND TO REVISE CERTAIN PROCEDURES WHEN A CHILD IS IN PLACEMENT WITH A RELATIVE; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES WHICH MAY HAVE ACCESS TO THESE REPORTS AND RECORDS AND TO AUTHORIZE THE DEPARTMENT TO DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS IN A FAMILY GROUP CONFERENCE; TO AMEND SECTION 20-7-765 RELATING TO FOSTER CARE TREATMENT PLAN REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS TO CHANGE THE TERM "TREATMENT PLAN" TO "PLACEMENT PLAN"; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO THE PERMANENCY PLANNING HEARING FOR CHILDREN IN FOSTER CARE, SO AS TO MAKE THE AGE REQUIREMENTS AND INITIATION PROCEDURES FOR A JUDICIAL STATUS REVIEW INTERNALLY CONSISTENT WITHIN THE SECTION; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD AS A GROUND FOR TERMINATION, CONVICTION FOR CERTAIN CRIMES AGAINST THE PERSON, INCLUDING CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 20-7-2376, AS AMENDED, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THE BOARDS TO SUBMIT TO THE COURT WRITTEN REPORTS, DISTINCTIVE FROM OTHER DOCUMENTS IN THE FILE, AND TO AUTHORIZE THE BOARD TO REQUEST AN EMERGENCY HEARING IF THE BOARD CONCLUDES THAT THE SAFETY OF A CHILD IS IN IMMINENT DANGER; TO AMEND SECTION 59-63-31 RELATING TO GROUNDS FOR ATTENDING A PUBLIC SCHOOL IN A DISTRICT WITHOUT CHARGE IF THE CHILD IS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THESE GROUNDS; TO AMEND JOINT RESOLUTION 157 OF 1997 RELATING TO THE PILOT CHILD PROTECTIVE SERVICES SYSTEM, SO AS TO CLARIFY THAT THE EVALUATION REQUIRED TO BE CONDUCTED IS THE ONLY EVALUATION THAT MUST BE PERFORMED BY THE DEPARTMENT OF SOCIAL SERVICES IN COUNTIES PARTICIPATING IN THE PILOT AND TO EXPAND FROM THIRTY TO FORTY-FIVE DAYS THE TIME WITHIN WHICH A DETERMINATION MUST BE MADE FOR A CASE TO BE REFERRED TO THE PILOT SYSTEM.
Read the first time and referred to the Committee on Judiciary.
H. 4596 -- Reps. Harrison and Cromer: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO MEET AT SUCH TIMES AS IT CONSIDERS NECESSARY.
Read the first time and referred to the Committee on Judiciary.
H. 4782 -- Reps. Baxley, Neilson and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 4, 1998, BY THE STUDENTS OF WASHINGTON STREET ELEMENTARY SCHOOL IN DARLINGTON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO THE SEWAGE SYSTEM MALFUNCTIONING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN FOR FULL SCHOOL DAYS MISSED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator SALEEBY, with unanimous consent, H. 4782 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1087 -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 18, 1998, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 18, 1998, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
The House returned the Resolution with amendments.
Senator LANDER spoke on the Concurrent Resolution.
On motion of Senator LANDER, the Senate concurred in the House amendments and a message was sent to the House accordingly.
S. 482 -- Senator Ryberg: A BILL TO AMEND SECTION 17-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC DEFENDERS, SO AS TO PROVIDE THAT ASSISTANT PUBLIC DEFENDERS MAY RESIDE OUTSIDE OF THE COUNTY OR THE DEFENDER CORPORATION AREA IN WHICH THEY SERVE.
The House returned the Bill with amendments.
On motion of Senator RYBERG, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4768 -- Reps. Hinson, H. Brown, Law, Gourdine and Dantzler: A BILL TO REPEAL ACT 159 OF 1995, RELATING TO THE DEVOLUTION OF APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY AND PROVIDE THAT ALL APPOINTMENTS PREVIOUSLY MADE PURSUANT TO THE AUTHORITY CONFERRED PURSUANT TO THE PROVISIONS OF ACT 159 OF 1995 SHALL CONTINUE UNTIL THE EXPIRATION OF THE TERMS FOR WHICH THEY WERE APPOINTED OR A VACANCY OCCURS.
(By prior motion of Senator MESCHER)
H. 4648 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOUTH CAROLINA CENTRAL CANCER REGISTRY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2262, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4039 -- Rep. Sharpe: A BILL TO AMEND SECTION 49-29-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC RIVERS TRUST FUND, SO AS TO EXTEND THE AUTHORIZED USE OF THESE TRUST FUNDS TO EDUCATIONAL OR PLANNING PROJECTS ASSOCIATED WITH THE ADMINISTRATION AND MANAGEMENT OF THE STATE SCENIC RIVERS PROGRAM.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 974 -- Senator Thomas: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES PERMITTED TO VIEW AN EXECUTION, SO AS TO PROVIDE THAT A CONVICT MAY SUBSTITUTE ONE PERSON FOR EITHER HIS COUNSEL OR A MINISTER TO BE PRESENT AT HIS EXECUTION.
S. 1058 -- Senators Ravenel, Washington and McConnell: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PORTIONS OF CERTAIN RIVERS IN THE STATE AS SCENIC RIVERS UNDER THE "SOUTH CAROLINA SCENIC RIVERS ACT OF 1989", SO AS TO DESIGNATE A PORTION OF THE ASHLEY RIVER AS A SCENIC RIVER.
S. 920 -- Senators Lander, Courson and Giese: A BILL TO AMEND SECTION 44-43-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTATION OF ORGAN DONORS ON DRIVERS' LICENSES, SO AS TO DELETE THE MANNER IN WHICH THE NOTATION MUST BE MADE AND TO DELETE CERTAIN NOTICE PROVISIONS; TO AMEND SECTION 44-43-70, AS AMENDED, RELATING TO THE BONE MARROW DONOR PROGRAMS, SO AS TO CLARIFY THAT THE PROGRAM AT THE UNIVERSITY OF SOUTH CAROLINA IS IN THE SCHOOL OF MEDICINE; TO AMEND SECTION 44-43-140, AS AMENDED, RELATING TO THE DESIGNATION, REMOVAL, AND USE OF DONATED EYES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LIONS EYE BANK, INC., MUST REQUEST REMOVAL OF THE EYES AND THAT THE EYES MUST BE REMOVED BY A PERSON TRAINED IN A COURSE CONDUCTED BY THE EYE BANK; TO AMEND SECTION 44-43-160 RELATING TO THE PROHIBITION AGAINST CHARGING THE DONEE FOR EYES TO BE USED FOR RESTORATION, SO AS TO ALSO PROHIBIT THE CHARGING OF A FEE; TO AMEND SECTION 44-43-330, AS AMENDED, RELATING TO PROCEDURES FOR ORGAN DONATIONS, SO AS TO CLARIFY CERTAIN CATEGORIES OF PERSONS WHO MAY CONSENT TO SUCH DONATIONS; TO AMEND SECTION 44-43-350 RELATING TO THE MANNER IN WHICH AN ANATOMICAL GIFT MAY BE MADE, SO AS TO CLARIFY THAT CONSENT OF A FAMILY MEMBER IS NOT REQUIRED IF THE DONOR EXECUTED A DONOR CARD OR OTHER DOCUMENTATION ATTESTING TO THE DESIRE TO MAKE SUCH A GIFT AND TO REQUIRE MEDICAL AND LAW ENFORCEMENT PERSONS TO MAKE REASONABLE EFFORTS TO HAVE SUCH DOCUMENTATION ACCOMPANY A PERSON TO THE HOSPITAL FOLLOWING AN ACCIDENT; TO AMEND SECTION 44-43-510 RELATING TO THE COMPOSITION OF THE BOARD FOR THE DISTRIBUTION AND DELIVERY OF DEAD HUMAN BODIES, SO AS TO INCLUDE THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF MEDICINE; TO AMEND ARTICLE 11, CHAPTER 43, TITLE 44 RELATING TO HOSPITAL POLICY AND PROTOCOL FOR ORGAN DONATION, SO AS TO CLARIFY AND REVISE THESE POLICIES AND PROTOCOLS AND TO CREATE THE COMMISSION ON ORGAN, TISSUE, AND EYE DONATION FOR THE PURPOSE OF ENSURING COMPLIANCE WITH FEDERAL AND STATE LAW PERTAINING TO HOSPITAL NOTIFICATION OF ORGAN DONATION AGENCIES; TO AMEND SECTION 44-43-1320 RELATING TO THE GIFT OF LIFE TRUST FUND BOARD, SO AS TO CLARIFY THE MEMBER AGENCIES ON THE BOARD; AND TO REPEAL SECTIONS 44-43-120, 44-43-130, 44-43-150, AND 44-43-390, ALL RELATING TO PROCEDURES FOR EYE DONATIONS.
S. 921 -- Senators Lander, Courson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-410 SO AS TO REQUIRE AN ORGAN DONATION TO BE DONATED TO THE ORGAN PROCUREMENT ORGANIZATION IF NO DONEE IS SPECIFICALLY DESIGNATED BY THE DONOR; BY ADDING SECTION 44-43-420 SO AS TO AUTHORIZE THE ORGAN PROCUREMENT ORGANIZATION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE SHARING OF ORGANS, TO REQUIRE DONATIONS TO REMAIN WITH SOUTH CAROLINA RECIPIENTS, AND TO PROVIDE AN EXCEPTION; TO AMEND SECTION 44-43-320, RELATING TO DEFINITIONS IN THE UNIFORM ANATOMICAL GIFT ACT, SO AS TO DEFINE THE ORGAN PROCUREMENT ORGANIZATION.
S. 958 -- Senators Drummond, Land, Moore, McConnell, Courson, Bryan, Martin, Passailaigue and Giese: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 16 PROVIDING FOR RETIREMENT SYSTEM FUNDS, INCLUDING DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS AND RESPONSIBILITIES, AND ESTABLISHING THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDING FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 9-1-1310, 9-8-160, 9-9-150, AND 9-11-240, RELATING TO THE DESIGNATION OF THE STATE BUDGET AND CONTROL BOARD AS THE TRUSTEE OF THE FUNDS OF THE SOUTH CAROLINA SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE INVESTMENTS ALLOWED AND SAFEGUARDS IMPOSED WITH RESPECT TO THE INVESTMENT OF THE FUNDS OF THE VARIOUS SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT OF RETIREMENT SYSTEM FUNDS IN EQUITY SECURITIES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE STATE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND ALLOW THE STATE BUDGET AND CONTROL BOARD TO MEET IN EXECUTIVE SESSION AS TRUSTEE OF THE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment (GJK\21326HTC.98) previously proposed by Senators BRYAN and GIESE:
Amend the bill, as and if amended, by striking Section 9-16-320(7) as contained in SECTION 2, page 8, and inserting:
/(7) industry sector, market sector, issuer, and other allocations of assets that provide diversification in accordance with prudent investment standards, including desired rates of return and acceptable levels of risks for each asset class and the minimum and maximum portions of system assets that may be allocated to equity investments on an ongoing basis not to exceed forty percent and the minimum and maximum portions of system assets not to exceed ten percent that may be allocated to additional equity investment during the plan fiscal year. When investments in equities attain the maximum allocation allowed by this item, up to forty percent of current member and employer contributions to the retirement system may be invested in equities. If, due to growth in value of equity investments, equity investments exceed forty percent of the total assets of the retirement system, this item does not require the sale of equities to reduce the percentage of equities to forty percent./
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
Senators THOMAS and LAND spoke on the amendment.
The amendment was adopted.
On motion of Senator LAND, with unanimous consent, the amendment was adopted and the Bill was read the third time and ordered sent to the House.
On March 17 I rose to express my serious concerns that even though this bill has a cap of 40% of state retirement funds that could initially be invested in the equity market, there is no cap if that 40% increases to constitute a majority of the total retirement monies. Over time if equities, for example, constitute 90% of all retirement funds and there is a precipitous drop in the equities market in a bear market scenario, then the state's retirement fund could be less than when the equities investment was made. Senators rose to express their trust in the Budget and Control Board to know when to draw down from the profits in the equities fund. I proposed setting a total cap of equity investment for the whole retirement fund. My proposal was that, if in total retirement fund 70% was in equities, then as the profits from equities grow above 70%, such monies would be drawn out and put in the more conservative bond market.
I am also concerned that not enough specificity exists as to which equities can be invested in and the method for such investing. Some equity investing can be highly volatile. Also the method for investing relative to the commissions made by preferred stock brokers is unclear. In short I believe many loopholes exist that might cause serious problems for the future.
Although the concept of investing 40% in equities is a subject I have supported and do support, not enough detail has been worked out for me to feel most potential pitfalls have been dealt with.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 936 -- Senators J. Verne Smith and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-125, SO AS TO AUTHORIZE STUDENT PERMITS ALLOWING STUDENTS ENROLLED IN AN ACCREDITED MORTUARY SCIENCE COLLEGE IN SOUTH CAROLINA TO ENGAGE IN THE PRACTICE OF FUNERAL SERVICE.
Senator MOORE explained the Bill.
S. 893 -- Senators Lander and Reese: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 54, SO AS TO CREATE THE ASSISTIVE TECHNOLOGY WARRANTY ACT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Committee on Labor, Commerce and Industry proposed the following amendment (LCI0893.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 29, in Section 39-54-20(1), as contained in SECTION 1, by striking item (1) in its entirety and inserting therein the following:
/(1) 'Assistive technology device' or 'device' means an item or piece of equipment or product system with a retail cost to a consumer of three hundred dollars or more that a consumer purchases or accepts transfer of in this State which is used to increase, maintain, or improve the functional capacities of an individual with a disability. 'Assistive technology device' or 'device' includes, but is not limited to, manual wheelchairs, motorized wheelchairs, motorized scooters, and other mobility aids for moving, walking, standing, sitting, and positioning; telephone communication devices for the hearing impaired; augmentative communication devices; assistive listening devices, systems, and other aids that enhance an individual's ability to hear; voice synthesized computer modules, optical scanners, talking software, Braille printers, and other devices that enhance a sight impaired individual's ability to communicate; home, vehicle, and workplace modifications, prosthetics, and orthotics; and any other assistive device that enables a person with a disability to communicate, see, hear, or maneuver. As used in this chapter, assistive technology device or devices do not include contact lenses, glasses, or dental prostheses./
Amend the bill further, as and if amended, page 3 beginning on line 21, in Section 39-54-20(10), as contained in SECTION 1, by striking line 21 and inserting therein the following:
/device, dealer or assistive technology device lessor. As used in this chapter, manufacturer does not include a person licensed to provide healthcare services pursuant to Title 40, nor is any warranty made, either express or implied, as a seller, or otherwise, of products used in the delivery of healthcare services by persons licensed to provide healthcare services pursuant to Title 40./
Amend the bill further, as and if amended, page 3, beginning on line 22, in Section 39-54-20(11), as contained in SECTION 1, by striking item (11) in its entirety and inserting therein the following:
/(11) 'Nonconformity' means a condition or defect that substantially impairs the intended purpose or safety of an assistive technology device and that is covered by an express warranty applicable to the assistive technology device or to a component of the assistive technology device. 'Nonconformity' does not include a condition or defect that is the result of a consumer's abuse, misuse, negligence, or unauthorized modification or alteration of the assistive technology device. Nonconformity also does not include a condition that can be resolved through routine fittings or a condition wherein the consumer undergoes physical change which renders the assistive technology device unsuitable for use by the consumer./
Amend the bill further, as and if amended, page 3, line 33, in Section 39-54-20(12)(a), as contained in SECTION 1, by inserting after the word /warranty/ the word /that/.
Amend the bill further, as and if amended, page 4, line 12, in Section 39-54-30, as contained in SECTION 1, by inserting after the word /warranted./ the following:
/Assistive technology dealers and lessors shall have the right to reimbursement or compensation from the manufacturer or other prior parties in the sales or distribution chain. It is expressly understood that assistive technology devices that are sold in an 'as is' condition, and is so stated on the bill of sale, carry no warranty unless one is specifically stated on the bill of sale./
Amend the bill further, as and if amended, page 6, beginning on line 24, as contained in SECTION 1, by striking line 24 in its entirety and inserting therein the following:
/that the court determines is appropriate.
Section 39-54-60. This chapter does not apply to:
(1) Hearing aid specialists licensed to fit and sell hearing aids pursuant to Chapter 25 of Title 40. Nothing in this chapter is in lieu of or shall conflict with or supersede Chapter 25 of Title 40 and the rights of those persons licensed under Chapter 25 of Title 40 or regulations promulgated pursuant to Chapter 25 of Title 40.
(2) Speech pathologists and audiologists licensed to fit and dispense hearing aids pursuant to Chapter 67 of Title 40. Nothing in this chapter is in lieu of or shall conflict with or supersede Chapter 67 of Title 40 and the rights of those persons licensed under Chapter 67 of Title 40 or regulations promulgated pursuant to Chapter 67 of Title 40.
(3) Any medical device, surgical device, or organ implanted or transplanted to the consumer."/
Amend title to conform.
Senator LANDER explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
H. 4725 -- Reps. Cato and Vaughn: A JOINT RESOLUTION TO PROVIDE FOR DISBURSEMENT OF EXCESS FUNDS COLLECTED BY THE UPPER GREENVILLE COUNTY HOSPITAL DISTRICT BY WAY OF GENERAL OBLIGATION BONDS AUTHORIZED BY ACT 744 OF 1967 AND ACT 1533 OF 1968 UPON HOLDING OF A PUBLIC HEARING AND APPROVAL OF THE DISBURSEMENT PLAN BY THE GREENVILLE COUNTY LEGISLATIVE DELEGATION.
On motion of Senator J. VERNE SMITH, H. 4725 was ordered to receive a third reading on Wednesday, March 18, 1998.
H. 4745 -- Reps. R. Smith, Beck, Mason, Clyburn and Sharpe: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON OCTOBER 22, 1997, BY THE STUDENTS OF MIDLAND VALLEY HIGH SCHOOL OF AIKEN COUNTY WHEN THE SCHOOL WAS CLOSED BECAUSE OF A MAJOR BREAKDOWN OF AN ELECTRICAL TRUNK FEEDER LINE INTO THE SCHOOL IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Senator MOORE, H. 4745 was ordered to receive a third reading on Wednesday, March 18, 1998.
S. 1079 -- Senator Short: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-130, SO AS TO REQUIRE INSURANCE POLICIES WHICH PROVIDE COVERAGE FOR MASTECTOMY SURGERY TO PROVIDE COVERAGE FOR RECONSTRUCTIVE SURGERY OF THE BREAST.
S. 982 -- Senator Giese: A BILL TO AMEND ARTICLE 5, CHAPTER 19, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF SECURED INTERESTS AND OTHER LIENS ON MOTOR VEHICLES, BY ADDING SECTION 56-19-720 SO AS TO PROVIDE THAT A TERMINAL RENTAL ADJUSTMENT CLAUSE IN A VEHICLE LEASE DOES NOT CREATE A SECURITY INTEREST OR A SALE.
H. 4540 -- Reps. Loftis and Leach: A BILL TO AMEND ACT 1027 OF 1970, RELATING TO THE CREATION OF THE DUNCAN CHAPEL FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES FOR MEMBERS OF THE GOVERNING BODY OF THE DISTRICT.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators FAIR and J. VERNE SMITH proposed the following amendment (4540R001.MLF), which was adopted:
Amend the bill, as and if amended, page 1, line 24, by deleting the word / general/.
Amend the bill further, as and if amended, page 1, line 27, by deleting the word / general/.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator FAIR, H. 4540 was ordered to receive a third reading on Wednesday, March 18, 1998.
S. 1025 -- Senator Anderson: A BILL TO AMEND SECTION 24-3-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DESIGNATE AS THE CONVICTED PERSON'S PLACE OF CONFINEMENT THE INSTITUTION OR FACILITY CLOSEST TO THE CONVICTED PERSON'S HOME UNLESS THE CLOSEST FACILITY OR INSTITUTION IS NOT SUITABLE OR APPROPRIATE FOR CONFINEMENT OF THE PERSON FOR SECURITY REASONS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Corrections and Penology.
The Committee on Corrections and Penology proposed the following amendment (PT\1789CM.98), which was adopted:
Amend the bill, as and if amended, Section 24-3-30 as contained in SECTION 1, by striking subsection (B) of Section 24-3-30 which begins on page 2, line 7, and inserting:
/(B) The department shall consider proximity to the home of a person convicted of an offense against the State in designating the place of his confinement if this placement does not jeopardize security as determined by the department. Proximity to a convicted person's home does not have precedence over departmental criteria for institutional assignment./
Amend title to conform.
Senator GIESE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator ANDERSON, with unanimous consent, S. 1025 was ordered to receive a third reading on Wednesday, March 18, 1998.
S. 785 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION,
CONTRACTORS' LICENSING BOARD, RELATING TO SPECIALTY CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2153, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator J. VERNE SMITH asked unanimous consent to commit the Joint Resolution to the Committee on Labor, Commerce and Industry.
There was no objection.
The Joint Resolution was committed to the Committee on Labor, Commerce and Industry.
S. 582 -- Senators Drummond and Leatherman: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED, SO AS TO DELETE SPECIFIC PROVISIONS REGARDING THE FORM OF PRACTICE IN ORDER FOR THE FIRM TO HOLD ITSELF OUT AS A PARTNERSHIP; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THAT THE REGULATIONS CONFORM TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE, AND TO PROHIBIT THE BOARD FROM REQUIRING A MINIMUM NUMBER OF HOURS OF CONTINUING EDUCATION IN ACCOUNTING OR AUDITING SUBJECTS.
Senator J. VERNE SMITH asked unanimous consent to recommit the Bill to the Committee on Labor, Commerce and Industry.
There was no objection.
The Bill was recommitted to the Committee on Labor, Commerce and Industry.
S. 1115 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-65 SO AS TO PROVIDE THAT SCHOOL DISTRICTS WHICH CHOOSE TO REDUCE CLASS SIZE IN FULL-DAY KINDERGARTEN PROGRAMS AND IN GRADES ONE THROUGH THREE SHALL BE ELIGIBLE FOR CERTAIN STATE FUNDING, TO PROVIDE FOR A LOCAL MATCH REQUIREMENT, AND TO PROVIDE FOR THE IMPLEMENTATION OF THE ABOVE PROVISIONS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator SHORT proposed the following amendment (EDUC\1115.1):
Amend the bill, as and if amended, by adding in SECTION 1 on page 2, line 19 new paragraphs to read:
/School districts which are certified by the State Board of Education as unable to implement the reduced class size due to the lack of available facilities shall be eligible for funding for an aide for classes in kindergarten through grade three in which the pupil-teacher ratio exceeds twenty-two pupils in average daily membership. Funding for aides will be available on the same basis as that for the reduced ratio. School district boards of trustees choosing to implement the use of aides must provide an on-going program of staff development for the aides. State funds for classroom aides must be used to supplement existing aides and may not supplant current local support for aides.
As used in this section, "teacher" refers to an employee possessing a professional certificate issued by the State Department of Education whose full time responsibility is instruction of students./
Amend title to conform.
Senator SHORT explained the amendment.
On motion of Senator RYBERG, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
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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