THURSDAY, MAY 17, 2001
Thursday, May 17, 2001
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear St. John, Chapter 6 (11-12):
“Jesus took the loaves (and fish), and when He had given thanks, He distributed them... and when they had eaten their fill, He told His disciples, ‘Gather up the fragments left over’.”
Let us pray.
Father, there is much about the feeding of the 5,000 we don’t understand!
We are told that we have a shortfall in the budget of $500,000,000 putting the whole program of South Carolina in confusion... including welfare, education and penology.
We are thinking of the poor, the children, the aged and others who need all the help that is embraced in the prayer, “Give us this day our daily bread.”
We confess that human distribution of Your bounty is our problem!
Our government cannot distribute in goods and services what our people are either unable or unwilling to share!
In our hearts we want none to suffer and none left behind!
Help us to lead the way that the basic needs of all will be met!
Amen.
RECESS
At 10:03 A.M., on motion of Senator MARTIN, the Senate receded from business until 11:00 A.M.
At 11:00 A.M., the Senate resumed.
RECESS
At 11:00 A.M., on motion of Senator MARTIN, the Senate receded from business until 12:00 Noon.
At 12:00 Noon, the Senate resumed.
ACTING PRESIDENT PRESIDES
At 12:00 Noon, Senator MARTIN assumed the Chair.
The ACTING PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
MESSAGE FROM THE GOVERNOR
The following appointment was transmitted by the Honorable James H. Hodges:
Local Appointment
Reappointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003
Clevette LaVonne Hudnell, 6904 Gavilan Avenue, Columbia, S.C. 29203
Doctor of the Day
Senators RYBERG and MOORE introduced Dr. Timothy Shannon of Aiken, S.C., Doctor of the Day.
Leave of Absence
On motion of Senator LEATHERMAN, at 12:15 P.M., Senator PEELER was granted a leave of absence for today.
Leave of Absence
At 12:30 P.M., Senator COURSON requested a leave of absence from 8:00 P.M. today until 9:00 A.M. tomorrow morning.
Leave of Absence
At 1:25 P.M., Senator RICHARDSON requested a leave of absence from 6:00 P. M. today until 10:00 A.M., Tuesday, May 22, 2001.
Leave of Absence
At 2:45 P.M., Senator RAVENEL requested a leave of absence from 3:00 P.M. today until 10:00 A.M. in the morning.
Leave of Absence
At 6:40 P.M., Senator RYBERG requested a leave of absence from 7:00 P.M. tonight until 12:00 Noon, Tuesday, May 22, 2001.
Leave of Absence
At 6:45 P.M., Senator FAIR requested a leave of absence from 8:00 P.M. tonight until 10:00 A.M. in the morning.
Leave of Absence
At 7:45 P.M., Senator GREGORY requested a leave of absence from 8:00 P.M. tonight until 11:00 A.M. in the morning.
Leave of Absence
At 1:35 A.M., Senator ELLIOTT requested a leave of absence for Saturday, May 19, and Sunday, May 20, 2001.
Leave of Absence
At 3:00 A.M., Senator JACKSON requested a leave of absence until 12:00 Noon on Tuesday, May 22, 2001.
RECALLED
H.3492 -- Reps. White, Barrett, Chellis, Cooper, Emory, Hayes, Keegan, Klauber, Law, Martin, McGee, J.M.Neal, Ott, Rice, Taylor, Thompson, Townsend, Trotter and A.Young: A BILL TO AMEND SECTION 5611320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVERS LICENSES TO PERSONS CONVICTED OF A FIRST OFFENSE OF OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING ALCOHOL, DRUGS, OR NARCOTICS, SO AS TO INCREASE THE FEE AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST USE THE ADDITIONAL REVENUES FOR HIRING AND TRAINING ADDITIONAL MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL.
Senator ALEXANDER asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
S. 654--CO-SPONSOR ADDED
S.654 -- Senators Patterson and Giese: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO NAME THE DEPARTMENT OF CORRECTIONS HEADQUARTERS BUILDING THE “WILLIAM D.LEEKE BUILDING” AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 654.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S.689 -- Senator Reese: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 5011535 SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL TO HUNT TURKEY ON PRIVATE LANDS IN THIS STATE ON SUNDAY.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S.690 -- Senators Wilson, Courson and Martin: A BILL TO ENACT THE “SOUTH CAROLINA OMNIBUS ENVIRONMENTAL PENALTIES ACT” INCLUDING PROVISIONS; TO AMEND SECTION 11354220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEBARMENT OR SUSPENSION FROM CONSIDERATION FOR AWARD OF CONTRACTS UNDER THE PROCUREMENT CODE, SO AS TO PROVIDE THAT A CONVICTION FOR A CRIMINAL VIOLATION OF AN ENVIRONMENTAL LAW OF THIS STATE OR ANY OTHER STATE OR OF A FEDERAL ENVIRONMENTAL LAW AS A CAUSE FOR DEBARMENT OR SUSPENSION; TO AMEND SECTION 1611700, AS AMENDED, RELATING TO THE OFFENSE OF LITTERING, SO AS TO DISTINGUISH LITTERING FOR COMMERCIAL AND NONCOMMERCIAL PURPOSES AND TO INCREASE PENALTIES FOR CERTAIN LITTERING VIOLATIONS; TO AMEND CHAPTER 11, TITLE 16, RELATING TO THE PROTECTION OF PROPERTY, BY ADDING SECTION 1611705 SO AS TO PROVIDE DEFINITIONS RELATING TO AND FOR THE PURPOSE OF ENFORCING ENVIRONMENTAL LAWS, TO PROVIDE FOR ASSIMILATION OF FEDERAL ENVIRONMENTAL LAWS AS THE LAW OF THIS STATE FOR PURPOSES OF STATE ENFORCEMENT OF FEDERAL ENVIRONMENTAL LAWS IN THIS STATE, TO PROVIDE THAT A PERSON WHO NEGLIGENTLY VIOLATES ANY PROVISION OF AN ENVIRONMENTAL LAW WHOSE ACTS OR OMISSIONS DO NOT CAUSE CONTAMINATION, POLLUTION, OR HARM TO THE ENVIRONMENT OF THIS STATE IS GUILTY OF A MISDEMEANOR, TO FURTHER PROVIDE THAT, IF A PERSON’S NEGLIGENT VIOLATION OF AN ENVIRONMENTAL LAW CAUSES OR CONTRIBUTES TO SERIOUS BODILY INJURY OR DEATH TO ONE OR MORE PERSONS OR TO DOMESTIC ANIMALS, WILDLIFE, FISH, BIRDS, OR PLANTS IN THIS STATE, HE IS GUILTY OF A FELONY, TO PROVIDE THAT A PERSON WHO KNOWINGLY, INTENTIONALLY, OR RECKLESSLY VIOLATES ANY PROVISION OF AN ENVIRONMENTAL LAW WHOSE ACTS OR OMISSIONS CAUSE OR CONTRIBUTE TO CONTAMINATION, POLLUTION, OR HARM TO THE ENVIRONMENT OF THIS STATE, OR CAUSES OR CONTRIBUTES TO SERIOUS BODILY INJURY, OR DEATH TO ONE OR MORE PERSONS, OR TO DOMESTIC ANIMALS, WILDLIFE, FISH, BIRDS, OR PLANTS IN THIS STATE, IS GUILTY OF A FELONY, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND CHAPTER 1, TITLE 44, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BY ADDING SECTION 441115 SO AS TO FURTHER PROVIDE FOR THE DUTIES OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL IN CONNECTION WITH HOLDING RESPONSIBLE PERSONS ACCOUNTABLE FOR ENVIRONMENTAL POLLUTION AND TO PROVIDE FOR INVESTIGATIONS OF PERSONS APPLYING FOR OR HOLDING PERMITS ISSUED UNDER CERTAIN ENVIRONMENTAL PROTECTION LAWS OF THIS STATE; TO AMEND CHAPTER 1, TITLE 44, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BY ADDING SECTION 441290 SO AS TO PROVIDE THAT THE DEPARTMENT MUST INVESTIGATE AND MAINTAIN A COMPLETE RECORD OF EVERY KNOWN CIVIL AND CRIMINAL VIOLATION OF AN ENVIRONMENTAL LAW IN THIS STATE AND MUST PUBLISH AN INDEX OF ALL RECORDS OF ALL CIVIL AND CRIMINAL VIOLATIONS OF ENVIRONMENTAL LAWS THAT OCCUR IN THIS STATE, AND PROVIDE THAT THE ATTORNEY GENERAL MUST FURNISH CERTAIN INFORMATION TO THE DEPARTMENT; TO AMEND SECTION 445520, AS AMENDED, RELATING TO DEFINITIONS USED IN THE STATE SAFE DRINKING WATER ACT, BY AMENDING THE DEFINITION OF “PERSON” SO AS TO INCLUDE DIRECTORS, OFFICERS, AND EMPLOYEES OF LEGAL ENTITIES AND BY ADDING DEFINITIONS FOR “KNOWING” OR “KNOWINGLY”, “RESPONSIBLE PARTY”, AND “SERIOUS BODILY INJURY”; TO AMEND SECTION 445580, AS AMENDED, RELATING TO UNLAWFUL ACTS UNDER THE STATE SAFE DRINKING WATER ACT, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO MAKE FALSE MATERIAL STATEMENTS, DESTROY, ALTER, OR CONCEAL CERTAIN RECORDS, WITHHOLD CERTAIN INFORMATION RELATING TO DANGER TO THE PUBLIC HEALTH OR SAFETY, TRANSPORT, TREAT, STORE OR DISPOSE OF CERTAIN POLLUTANTS, OR PLACE ANOTHER PERSON IN IMMINENT DANGER OR DEATH OR SERIOUS BODILY INJURY BY A VIOLATION OF THE STATE SAFE DRINKING WATER ACT; TO AMEND SECTION 445590, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE STATE SAFE DRINKING WATER ACT, SO AS TO REVISE THE PENALTIES, CHANGE THE CLASSIFICATION OF CERTAIN VIOLATIONS OF THE STATE SAFE DRINKING WATER ACT FROM MISDEMEANOR VIOLATIONS TO FELONY VIOLATIONS AND TO FURTHER PROVIDE FOR THE OFFENSE AND PENALTY FOR KNOWING ENDANGERMENT; TO AMEND SECTION 445620, AS AMENDED, RELATING TO DEFINITIONS USED IN THE HAZARDOUS WASTE MANAGEMENT ACT, BY ADDING DEFINITIONS OF “KNOWING” AND “KNOWINGLY”, “PERSON”, “RESPONSIBLE PARTY”, AND “SERIOUS BODILY INJURY”; TO AMEND SECTION 4456130, RELATING TO UNLAWFUL ACTS UNDER THE HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO FAIL TO COMPLY WITH CERTAIN COURT ORDERS, AND TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO MAKE FALSE MATERIAL STATEMENTS, DESTROY, ALTER, OR CONCEAL CERTAIN RECORDS, WITHHOLD CERTAIN INFORMATION RELATING TO DANGER TO THE PUBLIC HEALTH OR SAFETY, TRANSPORT, TREAT, STORE OR DISPOSE OF CERTAIN POLLUTANTS, OR PLACE ANOTHER PERSON IN IMMINENT DANGER OR DEATH OR SERIOUS BODILY INJURY BY A VIOLATION OF THE HAZARDOUS WASTE MANAGEMENT ACT; TO AMEND SECTION 4456140, RELATING TO CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THE HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO REVISE AND PROVIDE METHODS FOR INVOKING CIVIL PENALTIES, PROVIDE REVISED PENALTIES FOR PERSONS AND RESPONSIBLE PARTIES WHO VIOLATE MISDEMEANOR PROVISIONS OF THE ACT, PROVIDE THAT A KNOWING VIOLATION OF THE ACT THAT ENDANGERS ANOTHER IS A FELONY, AND TO PROVIDE PENALTIES FOR THE OFFENSES OF KNOWINGLY WITHHOLDING OR DESTROYING CERTAIN INFORMATION, MAKING FALSE STATEMENTS, OR ALTERING RECORDS AND FOR THE FELONY OFFENSE OF KNOWING ENDANGERMENT; TO AMEND SECTION 449320, RELATING TO DEFINITIONS USED IN THE INFECTIOUS WASTE MANAGEMENT ACT, BY AMENDING THE DEFINITION OF “PERSON” SO AS TO INCLUDE DIRECTORS, OFFICERS, AND EMPLOYEES OF LEGAL ENTITIES AND BY ADDING DEFINITIONS FOR “KNOWING” OR “KNOWINGLY”, “RESPONSIBLE PARTY”, AND “SERIOUS BODILY INJURY”; TO AMEND SECTION 4493140, RELATING TO UNLAWFUL ACTS UNDER THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO FAIL TO COMPLY WITH CERTAIN DEPARTMENTAL OR COURT ORDERS, AND TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO MAKE FALSE MATERIAL STATEMENTS, DESTROY, ALTER, OR CONCEAL CERTAIN RECORDS, WITHHOLD CERTAIN INFORMATION RELATING TO DANGER TO THE PUBLIC HEALTH OR SAFETY, TRANSPORT, TREAT, STORE OR DISPOSE OF INFECTIOUS WASTE, OR PLACE ANOTHER PERSON IN IMMINENT DANGER OR DEATH OR SERIOUS BODILY INJURY BY A VIOLATION OF THE INFECTIOUS WASTE MANAGEMENT ACT; TO AMEND SECTION 4493150, RELATING TO PENALTIES PERTAINING TO THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE FOR CIVIL ENFORCEMENT REMEDIES, REVISE THE CRIMINAL PENALTIES, CHANGE THE CLASSIFICATION OF CERTAIN VIOLATIONS OF THE INFECTIOUS WASTE MANAGEMENT ACT FROM MISDEMEANOR VIOLATIONS TO FELONY VIOLATIONS, AND TO FURTHER PROVIDE FOR THE OFFENSE OF KNOWING ENDANGERMENT; TO AMEND SECTION 48110, RELATING TO DEFINITIONS USED IN THE POLLUTION CONTROL ACT, BY AMENDING THE DEFINITION OF “PERSON” SO AS TO INCLUDE DIRECTORS, OFFICERS, AND EMPLOYEES OF LEGAL ENTITIES AND BY ADDING DEFINITIONS FOR “KNOWING” OR “KNOWINGLY”, “RESPONSIBLE PARTY”, AND “SERIOUS BODILY INJURY”; TO AMEND SECTION 481320, RELATING TO PENALTIES PERTAINING TO THE POLLUTION CONTROL ACT, SO AS TO REVISE AND PROVIDE METHODS FOR INVOKING CIVIL PENALTIES, PROVIDE REVISED PENALTIES FOR PERSONS AND RESPONSIBLE PARTIES WHO VIOLATE MISDEMEANOR PROVISIONS OF THE ACT, PROVIDE THAT A KNOWING VIOLATION OF THE ACT THAT ENDANGERS ANOTHER IS A FELONY, AND TO PROVIDE PENALTIES FOR THE OFFENSES OF KNOWINGLY WITHHOLDING OR DESTROYING CERTAIN INFORMATION, MAKING FALSE STATEMENTS, OR ALTERING RECORDS AND FOR THE FELONY OFFENSE OF KNOWING ENDANGERMENT; TO AMEND SECTION 481340, RELATING TO FALSE STATEMENTS AND REPRESENTATIONS AND TAMPERING WITH MONITORING DEVICES AND METHODS, SO AS TO DELETE CERTAIN OBSOLETE LANGUAGE AND PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO MAKE FALSE MATERIAL STATEMENTS, DESTROY, ALTER, OR CONCEAL CERTAIN RECORDS, WITHHOLD CERTAIN INFORMATION RELATING TO DANGER TO THE PUBLIC HEALTH OR SAFETY, TRANSPORT, TREAT, STORE OR DISPOSE OF INFECTIOUS WASTE, OR PLACE ANOTHER PERSON IN IMMINENT DANGER OR DEATH OR SERIOUS BODILY INJURY BY A VIOLATION OF THE POLLUTION CONTROL ACT; AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF TITLES 13, 16, 44, 47, 48, AND 49 OF THE CODE.
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Senator WILSON spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S.691 -- Senators Leatherman, Drummond, McConnell, Alexander, Anderson, Bauer, Branton, Courson, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leventis, Martin, Matthews, McGill, Mescher, Moore, O’Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J.VerneSmith, Thomas, Verdin, Waldrep and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND RICHARD W. “RICK” KELLY FOR HIS DEDICATED YEARS OF PUBLIC SERVICE TO THE STATE OF SOUTH CAROLINA, TO EXPRESS APPRECIATION FOR A JOB WELL DONE, AND TO WISH HIM GODSPEED IN HIS NEW ENDEAVOR AS VICE PRESIDENT AND CHIEF FINANCIAL OFFICER AT THE UNIVERSITY OF SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.
S.692 -- Senator Ritchie: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD EFFECTIVE JULY 1, 2001, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN WOODRUFF, SOUTH CAROLINA, TO THE CITY OF WOODRUFF.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
S.692--Ordered to a Second and Third Reading
On motion of Senator RITCHIE, S.692 was ordered to receive a second and third reading on the next two consecutive legislative days.
S.693 -- Senator Hutto: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED BY THE KINDERGARTEN THROUGH FOURTH GRADE STUDENTS OF BARNWELL ELEMENTARY SCHOOL IN BARNWELL SCHOOL DISTRICT 45 ON SEPTEMBER 27, 28, AND 29, 2000, BECAUSE OF THE FLOODING OF THE SCHOOL BE 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.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
S.693--Ordered to a Second and Third Reading
On motion of Senator HUTTO, S.693 was ordered to receive a second and third reading on the next two consecutive legislative days.
S.694 -- Senator Short: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF DEBBIE ROGERS OF CHESTER COUNTY UPON HER DEATH AND EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND FRIENDS.
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The Senate Resolution was adopted.
H.3595 -- Reps. Thompson, A.Young, Hinson, Law, Limehouse, Littlejohn, MeachamRichardson, Sandifer and White: A BILL TO AMEND CHAPTER 2, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON AGREEMENTS AND PRACTICES IN CONNECTION WITH CONSUMER CREDIT SALES AND CHAPTER 3, TITLE 37, RELATING TO LIMITATIONS ON CONSUMER LOAN AGREEMENTS, BY ADDING SECTIONS 372418 AND 373418, BOTH SO AS TO PROVIDE FOR SPECIFIC RESTRICTIONS ON THE DISTRIBUTION OF APPLICATIONS AND ADVERTISING AND ANY OTHER FORM OF SOLICITATION FOR OWNERSHIP OF A SELLER CREDIT CARD OR A LENDER CREDIT CARD BY A CREDIT CARD ISSUER ON THE CAMPUS OF A PUBLIC INSTITUTION OF HIGHER LEARNING IN THE STATE.
Read the first time and referred to the Committee on Banking and Insurance.
H.3819 -- Reps. Delleney, Simrill, McGee, Barfield, Barrett, Davenport, Emory, Hamilton, Kirsh, Littlejohn, Loftis, McCraw, J.M.Neal, Ott, Phillips, F.N.Smith, Snow, Whatley and Witherspoon: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS OF A DEATH PENALTY TRIAL, SO AS TO PROVIDE THAT, IF REQUESTED BY THE STATE OR THE DEFENDANT, THE JUDGE MUST CHARGE THE JURY IN HIS INSTRUCTIONS THAT LIFE IMPRISONMENT MEANS UNTIL THE DEATH OF THE DEFENDANT WITHOUT THE POSSIBILITY OF PAROLE.
Read the first time and referred to the Committee on Judiciary.
H.3968 -- Reps. J.Brown, Townsend, W.D.Smith, Sandifer, McGee, Robinson, Barrett, Hayes, Simrill, Gourdine, Scott, Cotty, J.E.Smith, Cato, Whipper, Tripp, Coates, Kennedy, Allison, J.H.Neal, Howard, Hosey, Knotts, G.M.Smith, McCraw, Law, Koon, Whatley, Cooper, Bales, Leach, Allen, Altman, Barfield, Battle, Bingham, Bowers, Breeland, R.Brown, Campsen, Chellis, Clyburn, Coleman, Dantzler, Davenport, Delleney, Edge, Emory, Freeman, Frye, Gilham, Govan, Hamilton, Harrell, Harrison, Harvin, J.Hines, M.Hines, Huggins, Kelley, Kirsh, Klauber, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Mack, Martin, McLeod, MeachamRichardson, Merrill, Miller, MoodyLawrence, J.M.Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Riser, Rivers, Rodgers, Rutherford, Scarborough, Sinclair, F.N.Smith, Snow, Stille, Taylor, Vaughn, Walker, Webb, White, Wilder, Witherspoon and A.Young: A BILL TO AMEND CHAPTER 39, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE “DIABETES INITIATIVE OF SOUTH CAROLINA ACT”, BY ADDING ARTICLE 2, SO AS TO ENACT THE “DIABETES SCHOOL CARE ACT”, TO REQUIRE THE PRINCIPAL AT EACH PUBLIC SCHOOL TO DESIGNATE THREE EMPLOYEES TO BE DIABETES CARE PROVIDERS, TO ALSO AUTHORIZE AS EMPLOYEES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ASSIGNED TO A SCHOOL AND SUBCONTRACTORS TO BE DIABETES CARE PROVIDERS, TO PROVIDE FOR THE TRAINING OF THESE CARE PROVIDERS, TO ESTABLISH THE RESPONSIBILITIES AND THE SCOPE OF AUTHORITY FOR A DIABETES CARE PROVIDER, TO ALLOW A STUDENT WITH DIABETES TO PERFORM GLUCOSE TESTS, ADMINISTER INSULIN, AND TO ATTEND TO THE CARE AND MANAGEMENT OF HIS OR HER DIABETES AND TO POSSES NECESSARY SUPPLIES AND EQUIPMENT TO CONDUCT THESE FUNCTIONS, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO MAKE INFORMATION AND TRAINING MATERIALS AVAILABLE TO PRIVATE SCHOOLS, AND TO PROVIDE THAT A DIABETES CARE PROVIDER ACTING IN ACCORDANCE WITH THIS ARTICLE IS IMMUNE FROM CIVIL AND CRIMINAL LIABILITY AND IS NOT PRACTICING NURSING AND IS EXEMPT FROM ALL APPLICABLE STATUTORY AND REGULATORY PROVISIONS THAT RESTRICT WHAT ACTIVITIES MAY BE DELEGATED TO A PERSON WHO IS NOT A LICENSED MEDICAL PROFESSIONAL; AND TO DESIGNATE SECTIONS 443910 THROUGH 443950 AS ARTICLE 1, CHAPTER 39, TITLE 44 ENTITLED “DIABETES INITIATIVE OF SOUTH CAROLINA” AND TO RENAME CHAPTER 39, TITLE 44 AS “DIABETES”.
Senator RYBERG spoke on the Bill.
Objection
Senator RYBERG asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.
Senator SETZLER objected.
Read the first time and referred to the Committee on Medical Affairs.