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, we come to our prayer today with the backdrop of the passing of Holly Drummond, the needs of our brother, John, our own problems here, and the human misery in Kosovo, Albania and around our globe. Hear St. Paul's writing to the Christians in Rome, Chapter 12 (vv. 4-7) in the New Revised Version of the Holy Bible:
"Now there are varieties of gifts, but the same Spirit; and there are
varieties of services, but the same Lord; and there are varieties of
activities, but it is the same God who activates all of them in
everyone. To each is given the manifestation of the Spirit for the
common good."
Let us pray.
Our Father, we thank You for the beautiful life of Your servant, Holly Drummond, and for the special gifts of Your Spirit upon Your servant, John, and his family.
It is difficult for us to understand life here, the cries of birth, disease, suffering... death! But thanks be to You, O God, for the Gospel of hope and faith in what we call the glories of Eternal Life.
And so to John Drummond we say, Sursum Corda, "Lift up your Heart." To the suffering humanity in Kosovo, friends and enemies alike, "Lift up your hearts... it can't be long!" To our colleagues here, "Carry on... work for the night is coming." To the God in Heaven we say, "Even so, come, Lord Jesus... come quickly!"
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 1999, and to expire May 19, 2006:
Sixth District:
J. Calhoun Land, Post Office Box 138, Manning, S.C. 29102 VICE Henry B. Rickenbaker
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina State Ports Authority, with term to commence June 4, 1994, and to expire June 4, 2001:
At-Large:
Jack M. Scoville, Post Office Box 1250, Georgetown, S.C. 29442 VICE Harry R. Easterling (resigned )
Referred to the Committee on Transportion.
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Leroy Linen, 6113 Judge Linen Lane, Wadmalaw Island, S.C. 29487
Senator RAVENEL introduced Dr. Louis E. Costa of Charleston, S.C., Doctor of the Day.
Senator MARTIN rose for an Expression of Personal Interest.
Senator MOORE rose for an Expression of Personal Interest.
Senator PASSAILAIGUE rose for an Expression of Personal Interest.
Senator LAND rose for an Expression of Personal Interest.
Senator PATTERSON rose for an Expression of Personal Interest.
The PRESIDENT appointed Senators RUSSELL, HAYES, COURTNEY, WASHINGTON and MARTIN to escort the winners of the 1999 Jean Laney Harris Folk Heritage Awards, members of the Advisory Committee and members of their party to the House Chamber for the Joint Assembly scheduled for Wednesday, April 21, 1999.
Saturday, April 17, 1999, is a very special day in my life because it is the birthday of Jack Edward Grooms, my third child. Taylor, my oldest, is 7 and his brother, Hayden, is 4. This Senate Journal entry is written as a message to my children.
When you grow older, you will no doubt be curious about your Daddy's service in the South Carolina Senate. One day you will be looking through the Senate Journals and you will come across this entry.
Let me first say that I love you. I have never met a Daddy that loves his children more than I love you. I love your mother and she is really the most wonderful woman in the world. By God's hand, I now serve in the South Carolina Senate and the work I do here, I do for you and all the families in our State, the families of today and the families that will follow yours.
I chose to seek public office out of a desire to shape the laws and public policy in this State in order that you could grow up in a land that still places a value on your rights. As Jefferson wrote, your God given rights are to life, liberty and the pursuit of happiness. My thoughts are with you each day that I am privileged to sit at my desk on the floor of this historic chamber. I serve in the Senate because of you.
May God's richness and blessings be upon you and our State.
With much love,
Daddy
H. 3362 (Word version) -- Reps. Neilson, Lucas and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY STUDENTS OF THE DARLINGTON COUNTY SCHOOL DISTRICT IN DARLINGTON COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS OR DUE TO THEIR SCHOOLS BEING USED AS EVACUATION LOCATIONS DURING HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Senator SALEEBY asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.
There was no objection.
Senator SALEEBY asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
Senator SALEEBY asked unanimous consent to give the Joint Resolution a second reading and place it on the third reading Calendar.
There was no objection.
On motion of Senator SALEEBY, H. 3362 was ordered to receive a third reading on Wednesday, April 21, 1999.
The following were introduced:
S. 737 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE PALMETTO STATE'S "FIRST LADY OF RACING" ON THE NASCAR CIRCUIT, MS. LOUISE SMITH OF GREENVILLE COUNTY, AND TO EXTEND THEIR SINCERE CONGRATULATIONS ON HER INDUCTION INTO THE INTERNATIONAL MOTORSPORTS HALL OF FAME ON APRIL 22, 1999.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 738 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON LEARNING OF THE DEATH OF MRS. REBECCA JOHNSON RICHBURG OF CLARENDON COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 739 (Word version) -- Senators McGill and Elliott: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 30, ARTICLE 3 SO AS TO ESTABLISH THE SOUTH CAROLINA TOBACCO COMMUNITY DEVELOPMENT BOARD, AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES RELATING TO THE ALLOCATION OF PRIVATE TRUST FUNDS AMONG TOBACCO GROWERS AND TOBACCO QUOTA HOLDERS; TO AMEND SECTION 1-23-10, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO EXEMPT THE BOARD FROM ITS SCOPE; TO AMEND SECTION 8-13-770, AS AMENDED, RELATING TO THE PROHIBITION AGAINST LEGISLATIVE MEMBERS SERVING ON STATE BOARDS AND COMMISSIONS, SO AS TO INCLUDE THE TOBACCO COMMUNITY DEVELOPMENT BOARD AS AN EXCEPTION TO THIS PROHIBITION, AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO ADD AS AN EXCEPTION THE ACTIONS OF THE TOBACCO COMMUNITY DEVELOPMENT BOARD.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 740 (Word version) -- Senators Glover, Ford, Matthews, Patterson, Washington, Cork, Elliott, Alexander and Jackson: A BILL TO AMEND TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABOR AND EMPLOYMENT, BY ADDING CHAPTER 12 SO AS TO ENACT THE FAIR PAY ACT OF 1999 WHICH MAKES IT UNLAWFUL FOR AN EMPLOYER WHO EMPLOYS THREE OR MORE PERSONS TO DISCRIMINATE BETWEEN EMPLOYEES ON THE BASIS OF SEX, RACE, OR NATIONAL ORIGIN BY PAYING WAGES AT A DIFFERENT RATE FOR EQUIVALENT JOBS AND TO PROVIDE RELIEF.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 741 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM, MINIMUM STANDARDS OF STUDENT ACHIEVEMENT FOR READING AND MATHEMATICS IN GRADE 11 (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2371, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 742 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GIFTED AND TALENTED PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2280, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 743 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO USE AND DISSEMINATION OF TEST RESULTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2368, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 744 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO READING, WRITING, AND MATHEMATICS OBJECTIVES FOR GRADES 1-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 2369, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 745 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM, MINIMUM STANDARDS OF STUDENT ACHIEVEMENT FOR GRADES 1, 2, 3, 6, AND 8 (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2370, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
H. 3547 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND PROSECUTION PROCEDURES FOR CHECKS DRAWN WITH INSUFFICIENT FUNDS ON DEPOSIT, SO AS TO INCREASE THE SERVICE CHARGE FROM TWENTY-FIVE TO THIRTY DOLLARS.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3762 (Word version) -- Reps. Gamble and McCraw: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON THURSDAY, JUNE 17, 1999, AND FRIDAY, JUNE 18, 1999.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
H. 3919 (Word version) -- Reps. Vaughn, Allison, F. Smith, Cato, Davenport, Easterday, Hamilton, Haskins, Hawkins, Lanford, Leach, Lee, Littlejohn, Loftis, McMahand, Rice, D. Smith, Tripp, Walker and Wilkins: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, SO AS TO ADD TWO NEW AREAS TO THE TERRITORY OF THE AUTHORITY.
Read the first time and on motion of Senator J. VERNE SMITH, with unanimous consent, ordered placed on the Calendar without reference.
Senator THOMAS from the Committee on Corrections and Penology submitted a favorable with amendment report on:
S. 85 (Word version) -- Senators Thomas and Giese: 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 OF THE GOSPEL, OR TWO PERSONS FOR BOTH HIS COUNSEL AND A MINISTER OF THE GOSPEL.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Corrections and Penology submitted a favorable report on:
S. 96 (Word version) -- Senators Thomas, Elliott, Courtney, Ryberg, Wilson, Russell and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-570 SO AS TO PROVIDE PROCEDURES TO COLLECT RESTITUTION AND FINES FROM PERSONS RELEASED ON PROBATION, PAROLE, SUPERVISED FURLOUGH, OR CONDITIONAL RELEASE.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Corrections and Penology submitted a favorable report on:
S. 384 (Word version) -- Senators Anderson, Washington, Matthews, Patterson, Glover, Ford and Reese: A BILL TO AMEND SECTION 24-3-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT FOR A PERSON CONVICTED OF AN OFFENSE AGAINST THE STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS SHALL CONSIDER PROXIMITY TO THE HOME OF THE CONVICTED PERSON IN DESIGNATING THE PLACE OF HIS CONFINEMENT UNDER CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Judiciary submitted a majority favorable and Senator FORD a minority unfavorable report on:
S. 544 (Word version) -- Senators Hayes, J. Verne Smith, Alexander, Moore, Drummond, Ravenel, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.
Ordered for consideration tomorrow.
Senator ELLIOTT from the Committee on Judiciary submitted a favorable report on:
S. 558 (Word version) -- Senators Elliott, Waldrep, Glover, Ford, Holland and Saleeby: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO PROVIDE FOR THE SOUTH CAROLINA INDIAN AFFAIRS COMMISSION, AND TO PROVIDE FOR ITS PURPOSE, MEMBERSHIP, AND DUTIES.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Corrections and Penology submitted a favorable with amendment report on:
S. 618 (Word version) -- Senators Moore and Waldrep: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS, JAILS, PROBATIONS, PAROLES, AND PARDONS, BY ADDING CHAPTER 2, SO AS TO PROVIDE FOR AN INMATE HEALTH CARE OMBUDSMAN TO ENSURE PROPER HEALTH CARE SERVICE TO INMATES AND TO PROVIDE FOR A CITIZENS PRISON HEALTH CARE ADVISORY BOARD.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable report on:
S. 676 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 8-13-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ETHICS COMMISSION, SO AS TO PROVIDE THAT MEMBERS OF THE STATE ETHICS COMMISSION MUST BE ELECTED BY THE GENERAL ASSEMBLY RATHER THAN APPOINTED BY THE GOVERNOR.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 695 (Word version) -- Senators Holland and Wilson: A BILL TO AMEND SECTION 7-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT ANY FORM FOR REQUESTING AN APPLICATION FOR AN ABSENTEE BALLOT MUST BE APPROVED BY THE STATE ELECTION COMMISSION PRIOR TO USE; AND TO FURTHER PROVIDE THAT A PERSON WHO REPRESENTS HIMSELF AS AN AUTHORIZED REPRESENTATIVE FOR A QUALIFIED ELECTOR AND WHO SIGNS AN OATH IN VIOLATION OF SECTION 7-25-190 IS SUBJECT TO THE PENALTIES FOR THAT OFFENSE; TO AMEND THE CODE BY ADDING SECTION 7-15-335, SO AS TO PROVIDE THAT BEFORE EACH ELECTION, THE COUNTY BOARD OF REGISTRATION OR ITS DESIGNEE SHALL OFFER QUALIFIED RESIDENTS OF NURSING HOMES AND ASSISTED LIVING FACILITIES THE OPPORTUNITY TO APPLY FOR ABSENTEE BALLOTS.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolution was read the third time and ordered sent to the House of Representatives:
S. 733 (Word version) -- Senators Bauer, Wilson and Courson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 24, 1999, BY THE STUDENTS OF SCHOOL DISTRICT FIVE OF RICHLAND AND LEXINGTON COUNTIES FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(By prior motion of Senator BAUER, with unanimous consent)
S. 403--Senators Courtney, Short, Moore and Washington: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, AND TO AMEND CHAPTER 7 OF TITLE 20 RELATING TO VARIOUS SECTIONS OF THE CHILDREN CODE. (ABBREVIATED TITLE)
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment previously proposed by Senator FAIR.
Senator FAIR proposed the following amendment (PT\1364AC99), which was tabled:
Amend the bill, as and if amended, Section 20-7-510, page 11, by deleting lines 12 and 13 and inserting:
/ mental health, or allied health professional or Christian Science practitioner, religious healer, school teacher, counselor, principal, /
Amend title to conform.
Senator FAIR spoke on the amendment.
Senator SHORT moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Bauer Bryan Cork Courtney Drummond Giese Glover Holland Hutto Leventis Martin Matthews McConnell O'Dell Passailaigue Patterson Peeler Russell Saleeby Setzler Short Smith, J. Verne Waldrep Washington Wilson
Alexander Branton Fair Grooms Mescher Ravenel Thomas
The amendment was laid on the table.
Senator WILSON proposed the following amendment (PSD\7323AC99), which was adopted:
Amend the bill, as and if amended, by deleting Section 8 and inserting:
/ SECTION 8. Section 20-7-540 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"Section 20-7-540. A person required or permitted to report pursuant to this article or who participates in an investigation or judicial proceedings resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actions. In all such civil or criminal proceedings, good faith is rebuttably presumed. Immunity under this section extends to full disclosure by the person of facts which gave the person reason to believe that the child's physical or mental health or welfare had been or might be adversely affected by abuse or neglect. /
Renumber sections to conform.
Amend title to conform.
Senator WILSON explained the amendment.
The amendment was adopted.
Senators COURTNEY and MARTIN proposed the following amendment (JUD0403.003), which was adopted:
Amend the bill, as and if amended, page 25, as contained in SECTION 27, beginning on line 20, by striking lines 20 through 22 and inserting therein the following:
/ abuse and neglect. This determination must be made within thirty days after the assessment is commenced forty-five days after acceptance of the report, except that a single extension of no more than fifteen days may be granted by the director of the department or the director's designee for good cause shown. If the department determines that /
Amend the bill further, as and if amended, by adding appropriately numbered SECTIONS to read:
SECTION ___. Section 1(A) of Act 157 of 1997 is amended to read:
"(A) The Department of Social Services is authorized to establish in one region or up to three six counties of the State a pilot child protective services system as set forth in this joint resolution. The pilot shall commence no sooner than January 1, 1998, and no later than January 1, 1999. It shall continue for two three years after it is commenced and until the conclusion of the next legislative session thereafter. The pilot will test a child protection system that acknowledges the different intervention needs of families by providing for a family assessment track instead of normal protocol in certain cases. For purposes of this pilot, the definitions of child abuse and neglect and related terms as contained in Section 20-7-490 of the 1976 Code apply and nothing in this joint resolution may be construed to expand the jurisdiction of the department. It is the intent of the General Assembly that an alternative manner of intervention be developed that diminishes the need for family court involvement but does not increase the number of families receiving child protective service interventions. Provisions of Chapter 7, Title 20 of the 1976 Code that do not conflict with the provisions of this joint resolution apply to the pilot."
SECTION ________. Section 4(C) of Act 157 of 1997 is amended to read:
"(C) An investigation or assessment commenced pursuant to this section, or an assessment commenced by a pilot county in a case received by transfer from a county that is not conducting a pilot project, must be concluded no later than thirty days after commencement of the investigation or assessment or forty-five days after acceptance of the report, whichever is sooner later, except that a single extension of no more than fifteen days may be granted by the director of the department or the director's designee for good cause shown."
SECTION . Act 157 of 1997 is amended by adding:
"( ) The requirements applicable to records of Category I unfounded reports, as provided in Section 20-7-650, shall apply to records of assessment cases in which the department makes a determination that no child in the home is an abused or neglected child.
( ) The requirements applicable to records of indicated reports, as provided in Section 20-7-650, shall apply to records of assessment cases in which the department makes a determination that a child in the home is an abused or neglected child.
( ) The requirements applicable to records of Category I and II unfounded reports, as provided in Section 20-7-650, shall apply to records of assessment cases in which the department is unable to make a determination because the available information is inconclusive or because the department is unable to complete the assessment." /
Renumber sections to conform.
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
Senator FAIR desired to be recorded as voting against the third reading of the Bill.
S. 597 (Word version)--Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALITIES FOR VIOLATION OF A DRIVER'S LICENSE RESTRICTION, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR NON-RESIDENT'S PRIVILEGE TO DRIVE AFTER AN ACCUMULATION OF EXCESSIVE POINTS, RELATING TO ADMINISTRATIVE HEARINGS FOR DRIVING UNDER THE INFLUENCE, TO FURTHER PROVIDE THAT AN ADMINISTRATIVE HEARING MUST BE HELD WITHIN THIRTY DAYS AFTER THE REQUEST FOR THE HEARING IS RECEIVED BY THE DEPARTMENT OF PUBLIC SAFETY; AND TO AMEND SECTION 56-1-748, AS AMENDED, RELATING TO ROUTE RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ELIGIBLE FOR A ROUTE RESTRICTED DRIVER'S LICENSE ONE TIME ONLY. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HUTTO proposed the following amendment (JUD0597.003), which was adopted:
Amend the bill, as and if amended, page 9, line 17, in Section 56-5-2951(H), as contained in SECTION 6, after the word /department./ by inserting therein the following:
/ If the department does not schedule the hearing within thirty days, a written order must be issued by the department within ten days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within ten days or fails to schedule or hold a subsequent hearing, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. /
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 727 (Word version) -- Education Committee: A BILL TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR A SYSTEM OF ALTERNATIVE SCHOOLS FOR SPECIFIED STUDENTS IN GRADES 6-12 FOR WHICH A SCHOOL DISTRICT SHALL RECEIVE CERTAIN FUNDING IF IT CHOOSES TO ESTABLISH, MAINTAIN, AND OPERATE AN ALTERNATIVE SCHOOL EITHER INDIVIDUALLY OR THROUGH A COOPERATIVE AGREEMENT WITH OTHER DISTRICTS, AND TO REPEAL SECTION 59-18-1900 RELATING TO COMPETITIVE GRANTS TO FUND ALTERNATIVE SCHOOLS.
S. 351 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 29-3-325, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDING SATISFACTION OR CANCELLATION OF A MORTGAGE, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE THAT, UPON PAYMENT IN FULL OF A MORTGAGE DEBT, WRITTEN REQUEST FOR SATISFACTION OF THE MORTGAGE, AND PAYMENT OF ANY REQUIRED SATISFACTION FEE, THE HOLDER OF RECORD OF THE MORTGAGE IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS AND TO FURTHER PROVIDE FOR THE DAMAGES AND PENALTIES FOR FAILURE TO SO SATISFY THE MORTGAGE; AND TO REPEAL SECTION 29-3-320, RELATING TO LIABILITY FOR FAILURE TO ENTER SATISFACTION OF A MORTGAGE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the previously proposed amendment.
Senator WILSON proposed the following amendment (NBD\11274JM99), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 29-3-310 of the 1976 Code is amended to read:
"Section 29-3-310. Any person holder of record of a mortgage who has received full payment or satisfaction or to whom a legal tender has been made of his debts, damages, costs, and charges secured by mortgage of real estate shall, at the request by certified mail or other form of delivery with a proof of delivery of the mortgagor or of his legal representative or any other person being a creditor of the debtor or a purchaser under him or having an interest in any estate bound by the mortgage and on tender of the fees of office for entering satisfaction, within three months after the certified mail request is made, enter satisfaction in the proper office on the mortgage which shall forever thereafter discharge and satisfy the mortgage."
SECTION 2. Section 29-3-320 of the 1976 Code is amended to read:
"Section 29-3-320. Any person holder of record of a mortgage having received such payment, satisfaction, or tender as aforesaid who shall not, by himself or his attorney, within three months after such certified mail request and tender of fees of office, repair to the proper office and enter satisfaction as aforesaid shall forfeit and pay to the person aggrieved a sum of money not exceeding one half of the amount of the debt secured by the mortgage, to be recovered by action in any court of competent jurisdiction within the State. And on judgment being rendered for the plaintiff in any such action, the presiding judge shall order satisfaction to be entered on the judgment or mortgage aforesaid by the clerk, register, or other proper officer whose duty it shall be, on receiving such order, to record it and to enter satisfaction accordingly.
Notwithstanding any limitations under Sections 37-2-202 and 37-3-202, the holder of record of the mortgage may charge a reasonable fee at the time of the satisfaction not to exceed twenty-five dollars to cover the cost of processing and recording the satisfaction or cancellation. If the mortgagor or his legal representative instructs the holder of record of the mortgage that the mortgagor will be responsible for filing the satisfaction, the holder of the mortgage shall mail or deliver the satisfied mortgage to the mortgagor or his legal representative with no satisfaction fee charged.
A holder of record of the mortgage may not be held liable in any action brought under this section if the holder of record of the mortgage shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid any error."
SECTION 3. Section 29-3-330 of the 1976 Code, as last amended by Act 478 of 1994, is further amended by adding:
"(e) Any licensed attorney admitted to practice in the State of South Carolina who can provide proof of payment of funds by evidence of payment made payable to the mortgagee, holder of record, servicer, or other party entitled to receive payment may record, or cause to be recorded, an affidavit, in writing, duly executed in the presence of two witnesses and probated or acknowledged, which states that full payment of the balance or pay-off amount of the mortgage or other instrument securing the payment of money and being a lien upon real property has been made and that evidence of payment from the mortgagee, assignee, or servicer exists. This affidavit, duly recorded in the appropriate county, shall serve as notice of satisfaction of the mortgage and release of the lien upon the real property. The filing of the affidavit shall be sufficient to satisfy, release, or discharge the lien. Upon presentation of the instrument of satisfaction, release, or discharge, the officer or his deputy having charge of the recording of instruments shall record the same. The licensed attorney signing any such instrument which is false is guilty of perjury and shall suffer the penalty provided by law for the crime of perjury. The affidavit referred to in this item (e) shall be as follows:
STATE OF SOUTH CAROLINA MORTGAGE LIEN
COUNTY OF ______________ SATISFACTION AFFIDAVIT
PURSUANT TO SECTION ___
OF SC CODE OF LAWS
FOR BOOK ____ PAGE _____
The undersigned on oath, being first duly sworn, hereby certifies as follows:
1. The undersigned is a licensed attorney admitted to practice in the State of South Carolina.
2. With respect to the mortgage given by ___________________ to ______________________ dated _______
and recorded in the offices of the Register of Deeds in book _________ of page ________
3. a. [ ] That the undersigned was given written payoff information and made such pay off and is in possession of a canceled check to the mortgagee holder of a record or representative servicer.
b. [ ] That the undersigned was given written payoff information and made such pay off by wire transfer or other electronic means to the mortgagee, holder of record, or representative servicer and has confirmation from the undersigned's bank of the transfer to the account provided by the mortgagee, holder of record, or representative servicer.
c. [ ] That the undersigned has been provided and is in possession of evidence of the full payment of the mortgage lien.
Under penalties of perjury, I declare that I have examined this affidavit and, to the best of my knowledge and belief, it is true, correct, and complete.
________________________ ________________________
(Witness) (Signature)
_________________________ ________________________
(Witness) (Name - Please Print)
SUBSCRIBED AND SWORN TO
before me this __________ day
of ____________________
______________________
(Notary Public)
My commission expires:
Upon presentation to the office of the Register of Deeds, the register is directed to record pursuant to Section 29-3-330(e) and mark the mortgage satisfied of record."
SECTION 4. Section 29-3-325 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon the approval by the Governor. /
Amend title to conform.
Senator SALEEBY 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 with notice of general amendments, carrying over all amendments to third reading.
S. 591 (Word version) -- Senators McConnell, Ravenel, Hutto, Leventis and Cork: A BILL TO AMEND CHAPTER 1, TITLE 48 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-83 SO AS TO ESTABLISH STATUTORY REQUIREMENTS FOR DISSOLVED OXYGEN DEPRESSIONS IN NATURALLY LOW DISSOLVED OXYGEN WATERBODIES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Committee on Agriculture and Natural Resources proposed the following amendment (PSD\7380AC99) which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 48 of the 1976 Code is amended by adding:
"Section 48-1-83. (A) The department shall not allow a depression in dissolved oxygen concentration greater than 0.10 mg/l in a naturally low dissolved oxygen waterbody unless the requirements of this section are all satisfied. The provisions of this section apply in addition to any standards for a dissolved oxygen depression in a naturally low dissolved oxygen waterbody promulgated by the department by regulation.
(B) A party seeking a site specific effluent limit related to dissolved oxygen pursuant to this section must notify the department in writing of its intent to obtain the depression. Upon receipt of the written notice of this intent, the department shall within thirty days publish a public notice indicating the party seeking the dissolved oxygen depression and the specific site for which the dissolved oxygen depression is sought in addition to the department's usual public notice procedures. The notice shall be in the form of an advertisement in a newspaper of statewide circulation and in the local newspaper with the greatest general circulation in the affected area. If within thirty days of the publication of the public notice the department receives a request to hold a public hearing from at least twenty citizens or residents of the county or counties affected, the department shall conduct such a hearing. The hearing must be conducted at an appropriate location near the specific site for which the dissolved oxygen depression is sought and must be held within ninety days of the publication of the initial public notice by the department.
(C) The party seeking a site specific effluent limit related to dissolved oxygen must conduct a study:
(1) to determine natural dissolved oxygen conditions at the specific site for which the depression is sought. The study must use an appropriate reference site. The reference site is not restricted to the State, but must have similar geography, environmental setting, and climatic conditions. However, if an appropriate reference site cannot be located, the party may use a site-specific dynamic water quality model.
(2) to assess the ability of aquatic resources at the specific site for which the dissolved oxygen depression is sought to tolerate the proposed dissolved oxygen depression.
(D) The department, the Department of Natural Resources, and the United States Environmental Protection Agency must approve the methodology employed in the study required by subsection (C).
(E) The department shall provide the following agencies sixty days in which to review and provide comments on the design of the scientific study required in (C)
(1) the United States Fish & Wildlife Service of the United States Department of the Interior;
(2) the United States Geological Survey of the United States Department of the Interior; and
(3) the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce.
The department and the Department of Natural Resources shall select and convene a science peer review committee to review the design of the study as required by subsection (C). After consideration of these comments, the department, the Department of Natural Resources, and the Environmental Protection Agency must concur on the final design before initiation of a study. Justification of any objection to the study design must be based solely on scientific considerations.
(F) The department shall provide the following agencies sixty days to review and comment on the results of the studies required in (C):
(1) the United States Fish & Wildlife Service of the United States Department of the Interior;
(2) the United States Geological Survey of the United States Department of the Interior; and
(3) the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce.
After consideration of these comments, the department, the Department of Natural Resources, and the Environmental Protection Agency must concur that the results of the study to allow the deficit to be implemented. Justification of any objection to the results of the study must be based solely on scientific considerations."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL 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 with notice of general amendments.
S. 619 (Word version) -- Senators Leventis, Land, Moore, McConnell, Hutto, Reese, Washington and Giese: A JOINT RESOLUTION TO ESTABLISH THE ELECTRONIC EQUIPMENT RECYCLING PROGRAM TO BE ADMINISTERED BY THE RECYCLING MARKET DEVELOPMENT ADVISORY COUNCIL WITHIN THE DEPARTMENT OF COMMERCE; TO IMPOSE A FIVE DOLLAR FEE ON EACH PIECE OF ELECTRONIC EQUIPMENT CONTAINING A CATHODE RAY TUBE SOLD; TO REQUIRE THE STATE TREASURER TO DEPOSIT THE FEES COLLECTED IN THE ELECTRONIC EQUIPMENT RECYCLING FUND TO BE USED, AMONG OTHER THINGS, TO DETERMINE THE MOST EFFICIENT MEANS OF COLLECTING, TRANSPORTING, AND PROCESSING SCRAP ELECTRONIC EQUIPMENT AND TO AWARD GRANTS, CONTRACTS, AND LOANS TO FURTHER THE PROCESS AND TECHNOLOGY FOR RECYCLING THIS EQUIPMENT; TO ESTABLISH THE ELECTRONIC EQUIPMENT RECYCLING COMMITTEE TO REVIEW AND EVALUATE THE USE OF THE RECYCLING FUND; AND TO REQUIRE THE RECYCLING MARKET DEVELOPMENT ADVISORY COUNCIL TO EVALUATE THE PROGRAM AND RECOMMEND WHETHER THIS PROGRAM SHOULD CONTINUE AND BE MADE PERMANENT LAW.
The Senate proceeded to a consideration of the amendment. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Committee on Agriculture and Natural Resources proposed the following amendment (6194R001), which was adopted:
Amend the joint resolution, as and if amended, page 3, by striking subsection (E) on lines 31through 42 and inserting in lieu thereof the following:
/ (E) There is established the Electronic Equipment Recycling Committee whose purpose is to evaluate and review the uses of the Electronic Equipment Recycling Fund. The RMDAC shall make recommendations to the Governor who shall appoint with advice and consent of the Senate one representative from each of the following groups to serve on the committee: RMDAC, the Solid Waste Advisory Council, a South Carolina financial institution, the electronics manufacturing industry, the Department of Health and Environmental Control, the environmental community, a consumer member of the public, the School of the Environment of the University of South Carolina, the South Carolina Department of Revenue, the retail community, and local government. The chairman of the committee must be appointed by the Recycling Market Development Council.
The initial appointment to the Electronic Equipment Recycling Committee shall be for five years. Should the existence of the council continue after the term of this joint resolution, the members shall serve for a term of four years. However, the terms of the initial appointees from the first six groups delineated above shall be two years and the appointees shall be eligible for reappointment for a full four-year term thereafter. /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 3445 (Word version) -- Reps. Keegan, Carnell, H. Brown, Harrell, Quinn and Knotts: A BILL TO REPEAL SECTION 59-107-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ONE HUNDRED TWENTY MILLION DOLLAR OVER ALL DEBT LIMIT ON STATE INSTITUTION BONDS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (3445R001.NGS), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting a new SECTION 1 to read as follows:
/ SECTION 1. Section 59-107-90 of the 1976 Code is amended to read:
"Section 59-107-90. Notwithstanding any other provision of this chapter, there must not be outstanding at any given time state institution bonds for all institutions in excess of one hundred twenty million dollars except that in computing this debt limitation, all bonds defeased pursuant to Section 59-107-200 must be deducted from the aggregate of state institution bonds outstanding at the time The maximum amount of annual debt service on all outstanding state institution bonds for each state institution shall not exceed ninety percent of the sums received by such state institution from tuition fees for the preceding fiscal year, as provided in Section 13(6)(b) of Article X of the South Carolina Constitution." /
Amend the title to read as follows:
/ TO AMEND SECTION 59-107-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ONE HUNDRED TWENTY MILLION DOLLAR OVER ALL DEBT LIMIT ON STATE INSTITUTION BONDS, SO AS TO REPEAL THE LIMIT AND PROVIDE THAT THE MAXIMUM AMOUNT OF ANNUAL DEBT SERVICE ON ALL OUTSTANDING STATE INSTITUTION BONDS FOR EACH STATE INSTITUTION SHALL NOT EXCEED NINETY PERCENT OF THE SUMS RECEIVED BY SUCH STATE INSTITUTION. /
Renumber sections to conform.
Senator MOORE 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 with notice of general amendments.
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
S. 143 (Word version) -- Senators Passailaigue, Mescher and Ravenel: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON SCHOOL DISTRICT SO AS TO DEVOLVE THE BUDGETARY POWERS UPON THE CHARLESTON COUNTY COUNCIL.
On motion of Senator PASSAILAIGUE, S. 143 was ordered to receive a third reading on Wednesday, April 21, 1999.
S. 33 (Word version) -- Senators Moore, O'Dell, Elliott, Giese, Rankin, Washington and Setzler: A BILL TO AMEND SECTION 40-47-211 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION, SO AS TO INCREASE THE NUMBER OF MEMBERS OF THE MEDICAL DISCIPLINARY COMMISSION TO THIRTY-SIX MEMBERS, TO REQUIRE SIX MEMBERS TO BE ELECTED AT LARGE FROM ACROSS THE STATE AND TO REQUIRE MEMBERS TO BE CURRENTLY LICENSED AND ACTIVELY PRACTICING MEDICINE IN SOUTH CAROLINA.
S. 728 (Word version) -- Medical Affairs Committee: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 76, THE "SOUTH CAROLINA AUTOMATED EXTERNAL DEFIBRILLATOR ACT".
Senator HUTTO explained the Bill.
On motion of Senator GIESE, with unanimous consent, S. 728 was ordered to receive a third reading on Wednesday, April 21, 1999.
H. 3579 (Word version) -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-68 SO AS TO ESTABLISH A PROCEDURE WHEREBY THE STATE BOARD OF EDUCATION SHALL ADOPT AND THE SCHOOL DISTRICTS SHALL USE A UNIFORM GRADING SYSTEM NO LATER THAN SCHOOL YEAR 2000-2001.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (3579EMS1), which was adopted:
Amend the bill, as and if amended, on page 1, line 33 by deleting /June 1, 1999/ and inserting:
/ June 30, 1999 /.
Renumber sections to conform.
Amend title to conform.
Senator BRYAN 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.
S. 239 (Word version) -- Senators Giese, Elliott and Leventis: A BILL TO AMEND ARTICLE 1, CHAPTER 33, AS AMENDED, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS OF DISABLED PERSONS, SO AS TO PROMOTE THE USE OF ASSISTANCE DOGS AND TO ASSURE EQUALITY OF OPPORTUNITY, PARTICIPATION, AND TREATMENT OF PERSONS WITH DISABILITIES USING GUIDE DOGS AND TO PROVIDE FOR A CIVIL REMEDY AND CRIMINAL PENALTIES FOR VIOLATIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (239SMA.001.SMA), which was adopted:
Amend the bill, as and if amended, page 3, by striking line 17 in its entirety and inserting in lieu thereof the following:
/ admittance being admitted to or enjoyment use of the public /
Amend the bill further, as and if amended, page 3, by deleting lines 21 and 24 in their entirety and inserting in lieu thereof the following:
/ (B) 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 three years, or both shall be subject to a civil penalty of up to two thousand five hundred dollars.
(C) Complaints or allegations of interference with a disabled person
shall be filed for investigation with the South Carolina Protection and Advocacy System for the Handicapped, pursuant to Section 43-33-350. If the Protection and Advocacy System finds a complaint to be valid, the complaint shall be forwarded to be scheduled for review by the Administrative Law Judge Division in accordance with the division's procedural rules. /
Amend the bill further, as and if amended, page 4, by deleting lines 18 through 20 in their entirety and inserting in lieu thereof the following:
/ (C) A person, firm, or corporation, or agent of a person, firm, or corporation who violates subsection (A) or (B) may be reported to the South Carolina Department of the Labor, Licensing and Regulation for review by the appropriate board or commission for a determination on revocation, suspension, or cancellation of the pertinent license or certification of the person, firm, or corporation, or agent of a person, firm, or corporation. /
Amend the bill further, as and if amended, page 5, by deleting lines 40 through 43 in their entirety.
Renumber sections to conform.
Amend title to conform.
Senator MOORE 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.
S. 494 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 44-53-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF HYPODERMIC NEEDLES AND SYRINGES, SO AS TO EXEMPT CERTIFIED DURABLE MEDICAL EQUIPMENT PROVIDERS FROM THE REQUIREMENTS OF ARTICLE 7 WHEN A HYPODERMIC NEEDLE OR SYRINGE IS SOLD TO INSULIN DEPENDENT DIABETICS.
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 Committee on Medical Affairs proposed the following amendment (494SMA.001), which was adopted:
Amend the bill, as and if amended, Section 44-53-950, page 1, by striking line 33 and inserting in lieu thereof the following:
/ connection with the practice of their profession or to certified or licensed /
Renumber sections to conform.
Amend title to conform.
Senator MOORE 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.
H. 3878 (Word version) -- Reps. Pinckney and Lloyd: A CONCURRENT RESOLUTION RECOGNIZING THE MEMBERS OF THE MONTFORD POINT MARINE ASSOCIATION FOR THEIR DISTINGUISHED MILITARY SERVICE TO OUR NATION AND DECLARING THE WEEK OF APRIL 12-18, 1999, AS "MONTFORD POINT MARINE WEEK" IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 730 (Word version) -- Senators Leventis, Giese and Leatherman: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT, THE CONGRESS, AND THE GOVERNMENT OF THE UNITED STATES TO MAINTAIN ITS COMMITMENT TO AMERICA'S MILITARY RETIREES BY PROVIDING LIFETIME HEALTH CARE FOR MILITARY RETIREES OVER THE AGE OF SIXTY-FIVE YEARS, TO PROVIDE AMERICA'S MILITARY RETIREES AND THEIR FAMILIES WITH THE HEALTH CARE THEY WERE PROMISED AND EARNED BY ENACTING COMPREHENSIVE LEGISLATION THAT AFFORDS MILITARY RETIREES ACCESS TO HEALTH CARE THROUGH MILITARY TREATMENT FACILITIES OR THE MILITARY'S NETWORK OF HEALTH CARE PROVIDERS, AND BY ENACTING LEGISLATION OPENING THE FEDERAL EMPLOYEES HEALTH BENEFIT PROGRAM TO UNIFORM SERVICES BENEFICIARIES ELIGIBLE FOR MEDICARE ON THE SAME BASIS AND CONDITIONS THAT APPLY TO FEDERAL CIVILIAN EMPLOYEES.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3697 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1998-99.
On motion of Senator MOORE, with unanimous consent, the Joint Resolution was carried over.
H. 3082 (Word version) -- Reps. Townsend, Walker, Delleney, J. Brown, Stuart, Harrison, Allison, J. Hines, Edge, Robinson, Rodgers, Cato, Wilkins, Sandifer, Moody-Lawrence, Lourie, J. Smith, F. Smith, Rutherford, Maddox, Allen, Ott, Harvin, Kennedy, Jennings, Bales, Hayes, W. McLeod, Simrill, Knotts and Webb: A BILL TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (3082EMS1), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 63, Title 59 of the 1976 Code is amended by adding:
Section 59-63-1300. The General Assembly finds that a child who does not complete his education is greatly limited in obtaining employment, achieving his full potential, and becoming a productive member of society. It is, therefore, the intent of this article to encourage district school boards throughout the State to establish alternative school programs. These programs shall be designed to provide appropriate services to students who for academic or behavioral reasons are not benefiting from the regular school program or may be interfering with the learning of others. It is further the intent of this article that cooperative agreements may be developed among school districts in order to implement innovative exemplary programs.
Section 59-63-1310. School districts which choose to establish, maintain, and operate, either individually or as a cooperative agreement among districts, alternative school programs shall be eligible for funding provided by the General Assembly for this purpose. The program must be operated at a site separate from other schools unless operated at a time when those schools are not in session or in another building on campus or in a defined area within a building which would provide complete separation from other students. These programs shall be provided for, but not limited to, students in grades 6-12.
Section 59-63-1320. Alternative school programs may differ from traditional education programs and schools in scheduling, administrative structure, curriculum, or setting and State requirements may be waived in these areas if such waiver assists the alternative school in meeting its purpose.
Section 59-63-1330. To be eligible for funding, a district or consortium must submit a plan for the program which includes:
(a) purposes of the school,
(b) the policy for the basis of enrollment in the school, and
(c) description of how the school will focus on the educational and behavioral needs of the students. This description must include strategies for individual student instruction plans, evaluations at regular intervals of the student's educational and behavioral progress, instructional methods in meeting academic achievement standards in the core academic areas, provisions for a low pupil-teacher ratio, utilization of available technology, strict codes of student conduct, counseling, strategies to gain strong parental input and support, strategies to ensure students will adapt to a regular school setting upon departure from the alternative school program, and student time lines for meeting the academic and conduct standards set. The alternative program may be provided in conjunction with the adult education program, where appropriate. Goals and interim goals and data collection for program evaluation must be a part of the program plan.
The instructional program should enable students to make the transition to a regular school program, earn a high school diploma or GED, or seek postsecondary education. Steps should be taken to ensure that credit earned by students participating in the alternative school program can be transferred to other public schools in the State; provided, nothing herein shall prohibit school districts and/or the South Carolina Department of Education from establishing and providing new and innovative programs as may be authorized otherwise under law to meet the unique needs of alternative school students who otherwise might drop out of school or never be able successfully to complete the requirements for a diploma.
Alternative school programs may differ from traditional education programs and schools in scheduling, administrative structure, curriculum, or setting and State requirements may be waived in these areas if such waiver assists the alternative school in meeting its purpose.
Section 59-63-1340. A school district or consortium must establish guidelines to provide transportation to students attending an alternative school.
Section 59-63-1350. Boards of trustees, following local policies, should consider placement in the alternative school as an option to expulsion. However, nothing in this article shall abrogate the authority of any public school district and its governing board to take such disciplinary action as it is otherwise empowered by law to take against any student for misconduct including, but not limited to, expulsion and nothing in this chapter shall require that any student be assigned to such an alternative school.
Section 59-63-1360. Each school district or consortium shall establish procedures for ensuring that teachers assigned to alternative school programs possess the pedagogical and content-related skills necessary to meet the needs of the student population served by the school. Each school board also shall ensure that adequate staff development activities are available for alternative school program faculty and staff and ensure that the faculty and staff participate in these activities. The State Department of Education in consultation with other appropriate entities shall provide assistance to school districts in the development of staff development programs which include best practices. These programs shall be made available to all district teachers.
Section 59-63-1370. A school district shall allocate to an alternative school program the same per student expenditure to include federal, state, and local funds that would be allocated to the student's school if the student were attending the student's regularly assigned school. This shall include any appropriate special education funding.
Districts or consortia meeting the eligibility requirements for alternative school funding shall receive a base funding minimum of $50,000 or up to $200,000 depending on the student population of the district or consortium and the projected school population. However, districts in a multi-district county with a total student population of less than 7,000 will not qualify for base funding for an alternative school unless in consortium. The State Board of Education shall establish guidelines for determining the amount of base funding for eligible programs. It is the intent of the General Assembly that eligible programs, beginning with school year 2000-2001, shall also receive per pupil funding based on the average daily membership of the students served by the program at an Education Finance Act weighting of 1.74. Per pupil funds for the alternative school program shall be distributed through the EFA formula provided for in Section 59-20-40. These funds shall be used for the establishment, maintenance, and operation of alternative schools programs.
Districts or consortia developing plans for the establishment of an alternative school shall be eligible for a planning grant of no more than $5,000.
Section 59-63-1380. The State Department of Education shall review alternative school plans for eligibility for funding and provide technical assistance for planning, establishing, and implementing an alternative school based on best practice. The department shall assist any district or consortia whose plan does not meet the eligibility criteria; however, no funding will be approved until the plan ensures implementation of appropriate services for students served by the alternative school.
Section 59-63-1390. Clear procedures shall be established for an annual review of the implementation and progress of the alternative school programs and a three-year cycle evaluation shall examine the success of this initiative. If an annual review or the evaluation finds a program is not making progress to carry out the alternative school plan or meet the locally established outcome measures, the Department of Education shall provide technical assistance and future funding may be terminated."
SECTION 2. Section 59-18-1900 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senator ANDERSON asked unanimous consent to carry over the Bill.
There was no objection.
S. 120 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TATTOOING, SO AS TO PERMIT TATTOOING OF PERSONS OVER EIGHTEEN YEARS OF AGE PURSUANT TO RECOMMENDATIONS FOR PREVENTING TRANSMISSION OF INFECTION AND GUIDELINES FOR PREVENTION OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS AND HEPATITIS B VIRUS PROMULGATED BY THE CENTERS FOR DISEASE CONTROL, OR EQUIVALENT GUIDELINES DEVELOPED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE NOTICE TO PATRONS INFORMING THEM OF ANY DISQUALIFICATION WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, AND TO INCLUDE THIS NOTICE IN ANY INFORMED CONSENT OR RELEASE FORM, TO REQUIRE PROOF OF AGE FROM A PROSPECTIVE TATTOO RECIPIENT, TO PROVIDE PENALTIES FOR VIOLATION OF THIS SECTION, AND TO PROVIDE THAT REASONABLE RELIANCE OF PROOF OF AGE IS A DEFENSE TO AN ACTION BROUGHT UNDER THIS SECTION; AND TO AMEND CHAPTER 17, TITLE 16, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN WHO IS TATTOOED IN VIOLATION OF SECTION 16-17-700(A)(1) MAY BRING AN ACTION AGAINST THE PERSON CONVICTED OF THE VIOLATION TO RECOVER ACTUAL AND PUNITIVE DAMAGES PLUS COSTS AND ATTORNEY'S FEES.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LEVENTIS proposed the following amendment (120R001.PPL), which was adopted:
Amend the bill, as and if amended, page 2, line 9, by striking the word / eighteen / and inserting:
/ twenty one without express written consent of the parent or guardian of the person and unless the original written consent is kept on file, for a period of two years from the date of the tattoo, at the establishment performing the tattoo /
Amend the bill further, as and if amended, page 1, line 14, by striking the word / EIGHTEEN / and inserting
/ TWENTY-ONE /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
Senator LEVENTIS asked unanimous consent to carry over the Bill.
There was no objection.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3696, THE GENERAL APPROPRIATION BILL.
H. 3696--GENERAL APPROPRIATION BILL
The Senate proceeded to a consideration of the Bill. The question being the adoption of the Report of the Senate Finance Committee.
Senator DRUMMOND spoke on the Bill.
Senator SETZLER asked unanimous consent to make a motion that the Report of the Senate Finance Committee be adopted, the Bill be given a second reading with notice of general amendments on third reading, carrying over all amendments to third reading, with all members reserving the right to raise any Points of Order and to offer amendments without regard to questions of degree, and provided that this unanimous consent request does not fulfill the two-thirds vote requirement contained in Rule 24B.
There was no objection and the motion was adopted.
The Report of the Senate Finance Committee was adopted.
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
Having received a favorable report from the Charleston County Delegation, the following appointment was confirmed in open session:
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Leroy Linen, 6113 Judge Linen Lane, Wadmalaw Island, S.C. 29487
On motion of Senators HOLLAND, SALEEBY, J. VERNE SMITH, LAND, SETZLER, LEATHERMAN, LEVENTIS, McCONNELL, MOORE, PEELER, BRYAN, COURSON, GIESE, MATTHEWS, THOMAS, WILSON, PATTERSON, RUSSELL, McGILL, O'DELL, PASSAILAIGUE, WASHINGTON, REESE, HAYES, COURTNEY, CORK, ELLIOTT, FORD, GLOVER, GREGORY, JACKSON, MARTIN, MESCHER, RANKIN, RYBERG, SHORT, WALDREP, ALEXANDER, FAIR, HUTTO, ANDERSON, RAVENEL, BRANTON, GROOMS, and BAUER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Holly Self Drummond of Ninety Six, S.C., known affectionately as "Miss Holly," beloved wife and companion of the Honorable John Drummond, PRESIDENT Pro Tempore of the S. C. Senate. Mrs. Drummond was a devoted mother to her sons, Brick and twins Bob and Dick, and she held a special place in the hearts of her daughter-in-law, Mary Lou, and treasured granddaughter, Holly Ann. She was a member of the S.C. Palmetto Cabinet, the Greenwood Woman's Club, and the Sasanqua Garden Club of Ninety Six. Miss Holly also served on the Boards of Visitors for Winthrop University and Piedmont Technical College and was treasurer of her Sunday school class at the First Baptist Church of Ninety Six.
At 1:38 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.
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