Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God our Creator and Sustainer, when so many voices scream for our attention and cry for our support, enable us to judge between that which is good and that which is not. Make us builders of bridges, not of barriers. Keep us aware that it is more important to know where we are going than where we have been; that the most important thing is to stand blameless before God than to seek the applause of our fellowbeings.
Hear us, Lord, in this our prayer offered in praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. YOUNG moved that when the House adjourns, it adjourn in memory of Henry B. "Punch" Richardson of Sumter, former legislator, which was agreed to.
The following were received.
Document No. 2123
Promulgated By Department of Education
Statutory Authority 1976 Code Sections 59-5-60 (3&6), 59-29-10, 59-33-30
43-231. Defined Program K-5
Received By Speaker January 13, 1997
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date May 13, 1997
Revised May 25, 1997
Revised June 4, 1997
Withdrawal requested by Senate Education Committee March 6, 1997
Withdrawn and Resubmitted March 18, 1997
Withdrawal requested by House Education and Public Works Committee May 6, 1997
Withdrawn and Resubmitted May 15, 1997
Document No. 2124
Promulgated By Department of Education
Statutory Authority 1976 Code Sections 59-5-60 (3&6), 59-29-10 et seq., 59-53-1810
43-232. Defined Program 9-12
Received By Speaker January 13, 1997
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date May 13, 1997
Revised May 25, 1997
Revised June 4, 1997
Withdrawal requested by Senate Education Committee March 6, 1997
Withdrawn and Resubmitted March 18, 1997
Withdrawal requested by House Education and Public Works Committee May 6, 1997
Withdrawn and Resubmitted May 15, 1997
Document No. 2126
Promulgated By Department of Education
Statutory Authority 1976 Code Sections 59-5-60 (3&6), 59-29-10 et seq., 59-33-30
43-234. Defined Program 6-8 (Amended Title)
Received By Speaker January 13, 1997
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date May 13, 1997
Revised May 25, 1997
Revised June 4, 1997
Withdrawal requested by Senate Education Committee March 6, 1997
Withdrawn and Resubmitted March 18, 1997
Withdrawal requested by House Education and Public Works Committee May 6, 1997
Withdrawn and Resubmitted May 15, 1997
Document No. 2164
Promulgated By Board of Education
Statutory Authority 1976 Code Sections 59-5-60 and 59-40-10, et seq.
43-600. Charter Schools Regulation
Received By Speaker February 18, 1997
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date June 18, 1997
Revised June 25, 1997
(Subject to Sine Die Revision)
Withdrawal requested by Senate Education Committee May 8, 1997
Withdrawn and Resubmitted May 15, 1997
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 452 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 38-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, INVESTMENTS AND THE DEFINITION OF "POLICYHOLDER OBLIGATIONS", SO AS TO DELETE THE REFERENCE TO "MANDATORY SECURITIES VALUATION RESERVE" AND SUBSTITUTE THEREFOR "ASSET VALUATION RESERVE"; TO AMEND SECTION 38-13-300, AS AND EXPENSE EXPERIENCE BY INSURERS, AND CERTAIN REGULATIONS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT UPON THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO PROMULGATE THESE REGULATIONS, AUTHORIZE, RATHER THAN REQUIRE, THE DIRECTOR TO HAVE CERTAIN INSURERS RECORD AND REPORT LOSS AND EXPENSE EXPERIENCE AND CERTAIN OTHER DATA, AND ALLOW THE DIRECTOR TO HAVE CERTAIN INSURERS SUBMIT A REPORT SHOWING DIRECT WRITINGS AND CERTAIN OTHER INFORMATION, RATHER THAN REQUIRING THE INSURERS TO DO THIS; TO AMEND SECTION 38-13-310, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND THE SUPPLEMENTAL REPORT REQUIRED BY SECTION 38-13-300, SO AS TO PERMIT, RATHER THAN REQUIRE, THAT THE SUPPLEMENTAL REPORT INCLUDE CERTAIN SPECIFIED TYPES OF INSURANCE WRITTEN BY THE INSURER; TO AMEND SECTION 38-13-320, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND THE DATA IN THE SUPPLEMENTAL REPORT, SO AS TO, AMONG OTHER THINGS, PERMIT, RATHER THAN REQUIRE, THAT THE SUPPLEMENTAL REPORT INCLUDE CERTAIN SPECIFIED DATA BOTH AS TO SOUTH CAROLINA AND THE UNITED STATES FOR THE PREVIOUS YEAR ENDING ON DECEMBER THIRTY-FIRST; TO AMEND SECTION 38-13-340, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND REVIEW OF THE SUPPLEMENTAL REPORTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE INSURANCE DEPARTMENT'S ANNUAL COMPILATION AND REVIEW OF REPORTS SUBMITTED BY INSURERS BE IN ACCORDANCE WITH OR PURSUANT TO AN ORDER OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-19-50, AS AMENDED, RELATING TO DOMESTIC MUTUAL INSURERS, MEMBERS AND MEETINGS, AND USE OF PROXIES, SO AS TO PROVIDE THAT NO PROXY MAY BE USED BY A DOMESTIC MUTUAL INSURER UNLESS THE LANGUAGE AND FORM OF THE PROXY HAVE BEEN APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, AND DELETE THE FIVE CONDITIONS SPECIFIED FOR THE USE OF THE PROXY; TO AMEND SECTION 38-33-30, AS AMENDED, RELATING TO THE INSURANCE LAWS, HEALTH MAINTENANCE ORGANIZATIONS, THE NECESSITY OF A CERTIFICATE OF AUTHORITY, AND FOREIGN CORPORATIONS, SO AS TO DELETE THE REQUIREMENT THAT EACH APPLICATION FOR A CERTIFICATE OF AUTHORITY BE FILED "IN TRIPLICATE"; TO AMEND SECTION 38-73-1060, AS AMENDED, RELATING TO THE INSURANCE LAWS, RATES, RATE-MAKING, AND RATE-FILING, AND STATUTORY PERMISSION TO USE RATES IN EXCESS OF THOSE WHICH ARE FILED, SO AS TO DELETE THE TERM "RATE IN EXCESS OF THAT PROVIDED BY A FILING OTHERWISE APPLICABLE" AND SUBSTITUTE THEREFOR "RATE DIFFERENT FROM THAT PROVIDED BY A FILING OTHERWISE APPLICABLE", AND ADD PROVISIONS WHICH PROVIDE THAT, UPON THE WRITTEN APPLICATION OF AN INSURED HAVING AGGREGATE INSURANCE PREMIUMS, OTHER THAN LIFE, ACCIDENT, AND HEALTH, IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS, A POLICY FORM DIFFERENT FROM THAT PROVIDED BY A FILING OTHERWISE APPLICABLE MAY BE USED ON ANY SPECIFIC RISK, UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTIONS 38-13-330 AND 38-13-370, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, THE REQUIREMENT THAT, FOR THE FIRST YEAR ONLY IN WHICH THE INSURER IS REQUIRED TO FILE THE SUPPLEMENTAL REPORT, THE DATA REQUIRED BY CERTAIN ITEMS OF SECTION 38-13-320 SHALL INCLUDE THE PREVIOUS CALENDAR YEAR AND EACH OF THE PRECEDING TWO CALENDAR YEARS, AND THE REQUIREMENT THAT FIRST REPORTS REQUIRED UNDER SECTIONS 38-13-300 THROUGH 38-13-360 MUST BE FILED ON JULY 1, 1988, AND ON JULY FIRST OF EACH FOLLOWING YEAR.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3792 (Word version) -- Reps. Cato and Walker: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS THAT PARTICIPATE IN THE VOLUNTARY MARKET SHALL PARTICIPATE IN CERTAIN MECHANISMS PROVIDED FOR IN THIS SECTION AND SHALL PAY THEIR ASSESSMENTS, IF ANY.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4082 (Word version) -- Reps. Easterday, Altman, Limbaugh, Robinson, G. Brown, Campsen, Wilder, Bauer, Limehouse, Haskins, Maddox, Kelley, Knotts, Rice, Walker, Sharpe, Loftis, Sandifer, Davenport, Hinson, Simrill, Rodgers, Woodrum, J. Smith, Hamilton, Beck, R. Smith, Seithel, Allison, Wilkins, McCraw, Leach, Harrell, Klauber, Riser, Barrett, Mullen, Young, Law, Webb, D. Smith, H. Brown, Harrison, Dantzler, Littlejohn, Keegan, Kinon, Phillips, Witherspoon, T. Brown, Townsend, Vaughn, McMahand, Meacham, Kirsh, Whatley, Boan, McLeod, Breeland, Jennings, Cato, Hawkins, Miller, Battle, Stoddard, F. Smith, Mack, Stille, Barfield, Howard, Hodges, Lanford, Jordan, Harvin and Felder: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-380 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER AND TO ESTABLISH PENALTIES.
Ordered for consideration tomorrow.
Rep. TRIPP, from the Greenville Delegation, submitted a favorable report, with amendments, on: S. 712 (Word version) -- Senator Bryan: A BILL TO AMEND ACT 1182 OF 1968, AS AMENDED, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM THREE TO FIVE MEMBERS EFFECTIVE WITH THE 1998 GENERAL ELECTION, TO PROVIDE THAT THE MEMBERS SHALL BE PUBLICLY ELECTED AT-LARGE FROM THE DISTRICT AND TO PROVIDE FOR THE TERMS FOR THE INITIAL MEMBERS OF THE RECONSTITUTED BOARD.
On motion of Rep. TRIPP, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 712 (Word version) -- Senator Bryan: A BILL TO AMEND ACT 1182 OF 1968, AS AMENDED, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM THREE TO FIVE MEMBERS EFFECTIVE WITH THE 1998 GENERAL ELECTION, TO PROVIDE THAT THE MEMBERS SHALL BE PUBLICLY ELECTED AT-LARGE FROM THE DISTRICT AND TO PROVIDE FOR THE TERMS FOR THE INITIAL MEMBERS OF THE RECONSTITUTED BOARD.
Rep. TRIPP proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20728AC.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 4 of Act 1182 of 1968, as last amended by Act 724 of 1990, is further amended to read:
"SECTION 4. There is established a board of fire control for Dunklin Fire District to be composed of three members who shall be appointed by the Governor upon the recommendation of a majority of the Greenville County Legislative Delegation. Of those first appointed, one member shall serve for a term of two years, one member shall serve for a term of four years and one member shall serve for a term of six years or until their successors are appointed and qualify. The members of the board shall serve without pay and shall file annually a report with the Greenville County Delegation, not later than the first of November of each year, showing all activities and disbursements made by the board during the year. If at least twenty per cent of the qualified electors residing in the district petition the commissioners of election by the first of September of any general election year, the commissioners shall call an election to be held at the following general election for the purpose of electing a member to the board to succeed the member whose term will expire during such year, for a six-year term. Thereafter, members shall be elected in each succeeding general election for terms of six years.
There is established the Board of Fire Control for the Dunklin Fire District which must be composed of five members who must reside within the boundaries of the fire district and who must be elected from the district at large in the general election, beginning with the general election in 1998. Members shall take office on the Monday following the general election and shall serve for a term of four years or until their successors have been elected and qualified. The members of the board shall serve without compensation and must annually file a report with the Greenville County Council, not later than the first of November each year, showing all activities and disbursements made by the board during the previous twelve-month period.
Of the members serving on the Board of Fire Control for the Dunklin Fire District, the two members who were most recently appointed pursuant to Act 1182 of 1968 before this act's effective date, shall serve until the general election in 2000, and the third member of the district serving on this act's effective date shall serve until the general election in 1998."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. TRIPP, with unanimous consent, it was ordered that S. 712 (Word version) be read the third time tomorrow.
On motion of Rep. COOPER, with unanimous consent, the following was taken up for immediate consideration.
H. 4151 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 21, 1997, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRED ON MAY 10, 1997.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate shall meet in Joint Assembly in the Hall of the House of Representatives on Wednesday, May 21, 1997, at 12:00 noon to elect a successor to the Honorable Dill Blackwell whose term expired on May 10, 1997. In the event other elections also are scheduled for 12:00 noon on this date, this election shall be conducted first.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4152 (Word version) -- Reps. R. Smith, Beck, Clyburn, Mason, Sharpe and Spearman: A CONCURRENT RESOLUTION RECOGNIZING MR. ROLAND WINDHAM ON THE DAY DECLARED "ROLAND WINDHAM DAY" (MONDAY, MAY 26, 1997) BY THE CITY OF AIKEN AND THE COUNTY OF AIKEN, AND COMMENDING HIM FOR HIS OUTSTANDING CIVIC CONTRIBUTIONS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4153 (Word version) -- Rep. F. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE DONALD KEITH DARR, LATELY OF GREENVILLE, AND WISH HIM WELL AS HE ASSUMES THE POSITION OF PRINCIPAL OF SAINT MARY HELP OF CHRISTIANS SCHOOL IN AIKEN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4154 (Word version) -- Reps. Kelley, Harrell, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE DEDICATION OF FRED P. BRINKMAN TO THE TOURISM INDUSTRY AND THE STATE OF SOUTH CAROLINA UPON THE SOLEMN OCCASION OF HIS DEATH ON MAY 14, 1997.
Whereas, Fred P. Brinkman devoted his entire professional career to the leisure industry, first as manager of the Chamber of Commerce in Quincy, Florida, and as director of the Myrtle Beach Chamber of Commerce and executive director of the Ocean Highway Association; and
Whereas, Mr. Brinkman served with distinction as executive director of the South Carolina Department of Parks, Recreation and Tourism from 1973 until his retirement in 1991; and
Whereas, under his leadership, the agency's tourism advertising and promotion programs repeatedly received national and regional awards for excellence in creativity and performance, and tourism expenditures in South Carolina grew by one hundred thirty-two percent, reaching nearly five billion dollars and providing more than one hundred thousand industry jobs; and
Whereas, the state parks system grew from twenty-eight properties to forty-six, encompassing some 79,269.94 acres of land, with revenues totaling more than nine million dollars and park visitors exceeding eleven million; and
Whereas, the Recreation Division provided technical assistance and funding to local, public, and private agencies, including nearly forty-eight million dollars in land and water conservation funds, to assist in the acquisition and development of park and recreation areas; and
Whereas, Mr. Brinkman was instrumental in the creation of the regional Tourism Commissions to help attract tourism and retirees to all sections of the State, resulting in increased economic impact; and
Whereas, Mr. Brinkman created within the Department of Parks, Recreation and Tourism the new Division of Community Development to bring the full benefits of tourism to all sections of the State, especially rural areas and small towns; and
Whereas, he was appointed chairman of the Governor's Task Force on Litter, for he keenly felt the need to keep South Carolina clean and beautiful for its citizenry and visitors; and
Whereas, Mr. Brinkman was a strong supporter of the hotel, restaurant, and tourism management programs of the University of South Carolina, Clemson University, and the technical college system, and worked closely with the General Assembly to implement a scholarship and tuition grants program to help students prepare for careers in the tourism industry; and
Whereas, he served as president of the South Carolina Association of Chamber of Commerce Executives and on numerous other state boards and commissions; and
Whereas, he was held in high esteem by the South Carolina House of Representatives and the former Parks, Recreation and Tourism Commission, and was loved and respected by the staff of the South Carolina Department of Parks, Recreation and Tourism, who referred to him affectionately as "Mr. B". Now, therefore,
Be it resolved by the House of Representatives:
That on this solemn occasion of his death on May 14, 1997, the South Carolina House of Representatives, by this resolution, recognizes and honors Fred P. Brinkman for his dedication to the tourism industry and the State of South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the family of Fred P. Brinkman.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4155 (Word version) -- Reps. Bauer and Knotts: A HOUSE RESOLUTION TO RECOGNIZE JOEL BURTON SLOTNICK OF LEXINGTON COUNTY ON THE OUTSTANDING SERVICE HE HAS DONE FOR THE CITIZENS OF LEXINGTON COUNTY ON THE OCCASION OF HIS TWENTY-FIFTH BIRTHDAY ON MONDAY, MAY 19, 1997.
The Resolution was adopted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4156 (Word version) -- Rep. Littlejohn: A BILL TO AMEND ACT 898 OF 1966, AS AMENDED, RELATING TO THE PACOLET STATION FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE MEMBERS OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM FIVE TO SEVEN.
On motion of Rep. LITTLEJOHN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Allison Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Canty Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Edge Fleming Gamble Gourdine Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Lanford Law Leach Lee Limbaugh Littlejohn Lloyd Loftis Mack Maddox Martin McCraw McLeod McMahand McMaster Miller Moody-Lawrence Mullen Neilson Parks Phillips Quinn Rhoad Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, May 15.
Timothy C. Wilkes Michael S. Whatley H.B. Limehouse III G. Ralph Davenport, Jr. Joseph H. Neal Woodrow M. McKay Lynn Seithel Douglas Jennings, Jr. John G. Felder
The SPEAKER granted Rep. ALTMAN a leave of absence due to illness.
The SPEAKER granted Rep. RICE a leave of absence for the day.
The SPEAKER granted Rep. BAILEY a leave of absence for the day. The SPEAKER granted Rep. SPEARMAN a leave of absence for the day due to speaking at the County Treasurer's and Auditor's Conference at Myrtle Beach.
Rep. COTTY and the Kershaw delegation presented to the House the Lugoff-Elgin High School "Demons" Wrestling Team, winners of the 1997 Class AAA State Championship, their coaches and other school officials.
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 737 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO COMBINE ROCK HILL NO. 1 AND NORTHSIDE PRECINCTS INTO THE NORTHSIDE PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
S. 653 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF COSMETOLOGY, RELATING TO QUALIFICATIONS AND PROVISIONS FOR LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2110, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. S. 564 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 12-24-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY FOR A DEED RECORDING FEE, SO AS TO PROVIDE THAT THE FEE IS OWED BY THE GRANTEES IN THE CASE OF A DEED FROM A MASTER-IN-EQUITY, FROM A GOVERNMENT OR ITS SUBDIVISIONS, OR FROM AN INTERNAL REVENUE CODE TAX-EXEMPT RETIREMENT PLAN; TO AMEND SECTION 12-24-30, RELATING TO THE DEFINITION OF "VALUE" AS IT CONCERNS A DEED RECORDING FEE, SO AS TO CLARIFY THE MEANING OF "VALUE" AND TO PROVIDE FOR THE ELECTION TO USE THE PROPERTY TAX ASSESSMENT OF FAIR MARKET VALUE FOR PURPOSES OF CHAPTER 24; TO AMEND SECTION 12-24-40, RELATING TO EXEMPTIONS FROM A DEED RECORDING FEE, SO AS TO DELETE AND CLARIFY CERTAIN EXEMPTIONS FROM THE RECORDING FEE ON DEEDS AND TO REDEFINE "FAMILY"; AND TO AMEND SECTION 12-24-70, RELATING TO AFFIDAVITS REQUIRED FOR RECORDING A DEED, SO AS TO PROVIDE FOR CONTENTS OF AFFIDAVITS FILED IN CONNECTION WITH EXEMPT DEEDS.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4147 (Word version) -- Rep. Littlejohn: A BILL TO AMEND ACT 189 OF 1995, RELATING TO THE SPARTANBURG COUNTY BOARD OF EDUCATION, SO AS TO ALLOW A CANDIDATE FOR A SEAT ON THE SPARTANBURG COUNTY BOARD OF EDUCATION TO QUALIFY HIS CANDIDACY FOR A PLACE ON THE BALLOT BY THE FILING OF A STATEMENT OF CANDIDACY.
H. 4148 (Word version) -- Reps. Boan and Hodges: A BILL TO DEVOLVE THE AUTHORITY TO LEVY TAXES FOR SCHOOL OPERATING EXPENSES FROM THE GOVERNING BODY OF LANCASTER COUNTY TO THE LANCASTER COUNTY SCHOOL DISTRICT, TO PROVIDE A LIMITATION, AND TO PROVIDE FOR A REFERENDUM TO EXCEED THE LIMITATION.
S. 739 (Word version) -- Senator Elliott: A BILL TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL DISTRICT, SO AS TO EXPAND THE BOUNDARIES OF THE DISTRICT, AND TO ADD TWO MEMBERS TO THE GOVERNING BODY OF THE DISTRICT AND PROVIDE FOR THEIR TERMS.
S. 622 (Word version) -- Senator Drummond: A JOINT RESOLUTION TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO RETAIN AND EXPEND MOTOR CARRIER REGISTRATION FEES FOR FISCAL YEAR 1996-1997.
Rep. QUINN explained the Joint Resolution.
H. 4131 (Word version) -- Rep. Sheheen: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY ROAD S28-52, ACADEMY DRIVE, IN KERSHAW COUNTY, BETWEEN U.S. HIGHWAY 1 NORTH AND THE CAMDEN MILITARY ACADEMY PROPERTY LINE.
On motion of Rep. LITTLEJOHN, with unanimous consent, it was ordered that H. 4147 (Word version) be read the third time tomorrow.
On motion of Rep. BOAN, with unanimous consent, it was ordered that H. 4148 (Word version) be read the third time tomorrow.
On motion of Rep. KEEGAN, with unanimous consent, it was ordered that S. 739 (Word version) be read the third time tomorrow.
On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 4131 (Word version) be read the third time tomorrow.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments. S. 637 (Word version) -- Senators Peeler, Alexander and Lander: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GAME ZONES OF THIS STATE, SO AS TO REVISE THE COMPOSITION OF GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON FOR TAKING DEER IN GAME ZONES 1, 2, AND 4, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IN GAME ZONES 1, 2, AND 4 SHALL ESTABLISH THE METHODS FOR HUNTING AND TAKING OF DEER AND SHALL SET OTHER RESTRICTIONS FOR HUNTING AND TAKING DEER; TO AMEND SECTION 50-11-390, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DECLARE OPEN SEASONS AND SET BAG LIMITS AND METHODS OF HUNTING OF ANTLERLESS DEER, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT IN THIS REGARD; AND TO REPEAL SECTION 50-11-395 RELATING TO THE ISSUANCE OF ANTLERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.
Rep. SHEHEEN moved to adjourn debate upon the following Bill until Tuesday, May 20, which was adopted.
H. 3891 (Word version) -- Reps. Robinson and Cooper: A BILL TO AMEND SECTIONS 12-24-20, 12-24-30, 12-24-40, AND 12-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A DEED RECORDING FEE, SO AS TO PROVIDE THAT THE FEE IS OWED BY THE GRANTEES IN THE CASE OF A DEED FROM A MASTER-IN-EQUITY, FROM A GOVERNMENT OR ITS SUBDIVISIONS, OR FROM AN INTERNAL REVENUE CODE TAX-EXEMPT RETIREMENT PLAN; TO CLARIFY THE MEANING OF "VALUE" AND TO PROVIDE FOR THE ELECTION TO USE THE PROPERTY TAX ASSESSMENT OF FAIR MARKET VALUE FOR PURPOSES OF CHAPTER 24; TO DELETE AND CLARIFY CERTAIN EXEMPTIONS FROM THE RECORDING FEE ON DEEDS AND TO REDEFINE "FAMILY"; AND TO PROVIDE FOR CONTENTS OF AFFIDAVITS FILED IN CONNECTION WITH EXEMPT DEEDS.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate. H. 3789 (Word version) -- Reps. Limehouse, Altman, Hawkins, Chellis, J. Brown, Easterday, Cato, Edge, Maddox, Beck, Webb, Tripp, Byrd, Whatley, Littlejohn, Riser, Inabinett and Harrell: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON TAKING CERTAIN FISH, SO AS TO DELETE SIZE LIMITATIONS FOR SPOTTED SEA TROUT AND RED DRUM; AND TO AMEND SECTION 50-17-520, AS AMENDED, RELATING TO LIMITS ON THE MAXIMUM NUMBER OF DAILY TAKE OF CERTAIN FISH, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AND ADJUST SIZE AND THE MAXIMUM NUMBER OF DAILY TAKE OF FISH WITHIN SPECIFIED LIMITS FOR TWELVE SPECIES OF SALTWATER FISH.
H. 4123 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE FOR THE CONTRIBUTION RATES WITH RESPECT TO THE COMPUTATION OF THE STATEWIDE RESERVE RATIO FOR EMPLOYER CONTRIBUTIONS TO THE STATE UNEMPLOYMENT COMPENSATION FUND FOR THE PERIOD JANUARY 1, 1998 THROUGH DECEMBER 31, 1998; TO PROVIDE FOR THE APPLICABILITY OF CERTAIN PROVISIONS OF LAW FOR THE SAME PERIOD; AND TO CREATE THE UNEMPLOYMENT INSURANCE STUDY COMMITTEE, PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND RELATED MATTERS, AND PROVIDE FOR ITS DISSOLUTION.
Rep. HASKINS explained the Joint Resolution.
H. 3094 (Word version) -- Reps. Cromer, Meacham, Seithel, Bailey, Wilkes, Simrill, Stuart, J. Hines and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-630 SO AS TO PROVIDE THAT ASSAULT OF AN EMERGENCY MEDICAL SERVICE PROVIDER, FIREFIGHTER, OR HOME HEALTHCARE WORKER IS A FELONY, TO PROVIDE PENALTIES, AND TO PROVIDE THAT PROVISIONS OF THIS SECTION ARE SEVERABLE.
H. 4060 (Word version) -- Reps. Hinson, Seithel, Barrett, Bailey, Sandifer, Inabinett, Meacham, Campsen, Kelley, McMaster, Byrd, Keegan, Cotty, J. Brown, Davenport, Hamilton, Simrill, Vaughn, Dantzler, Limehouse, Leach, Whatley, Gamble and Wilkes: A BILL TO AMEND ARTICLE 41, CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS PROVISIONS OF THE SOUTH CAROLINA INCOME TAX ACT, BY ADDING SECTION 12-6-5545 SO AS TO PROVIDE FOR DIRECT DEPOSIT OF STATE INCOME TAX REFUNDS. H. 4130 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADMINISTRATIVE PERSONNEL COMPENSATION GUIDE AND CONTRACTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1939, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BAUER moved to adjourn debate upon the following Bill until Tuesday, May 20, which was adopted.
H. 3908 (Word version) -- Reps. Seithel, Breeland, Dantzler, Altman, Campsen, Harrell, Chellis, Inabinett, Limehouse, Whatley, Young-Brickell, Lloyd, Robinson and Clyburn: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR EXECUTION, LEVY, NOTICE, AND SEIZURE AND SALE IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO CLARIFY THE MEANING OF "BEST ADDRESS", TO SPECIFY "RESTRICTED DELIVERY" OF CERTIFIED MAILED NOTICES, AND TO REQUIRE NOTICE TO THE OWNER OF RECORD; TO AMEND SECTION 12-51-50, RELATING TO SALE OF PROPERTY IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO PROVIDE FOR SITES ALTERNATIVE TO THE COUNTY COURTHOUSE; TO AMEND SECTION 12-51-60, AS AMENDED, RELATING TO PAYMENT BY SUCCESSFUL BIDDER AND DISPOSITION OF PROCEEDS, SO AS TO REQUIRE NOTICE TO THE OWNER OF RECORD OF THE PROPERTY; AND TO AMEND SECTION 12-51-100, RELATING TO REDEMPTION AND REFUND OF PURCHASE PRICE, SO AS TO CONFORM IT TO SECTION 12-51-90.
The following Bill was taken up. H. 3774 (Word version) -- Reps. Limehouse, Mason, Seithel, Meacham, Koon, Young, Young-Brickell, Martin, Knotts, Gamble, Barrett, Whatley, Law, Battle, Davenport, Allison, McMaster, Riser, Cato, Campsen, Tripp and Littlejohn: A BILL TO AMEND SECTION 16-9-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPPOSING OR RESISTING A LAW ENFORCEMENT OFFICER, SO AS TO REVISE THE PENALTIES AND TO PROVIDE PENALTIES FOR OPPOSING OR RESISTING A LAW ENFORCEMENT OFFICER WHILE USING A WEAPON.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4603CM.97), which was adopted.
Amend the bill, as and if amended, page 1, Section 16-9-320(B), SECTION 1, line 35, by inserting /disarm,/ before /or/; and line 37, by inserting /disarm,/ before /or wound/.
When amended Section 16-9-320(B) reads:
/(B) It is unlawful for a person to knowingly and wilfully assault, beat, disarm, or wound a law enforcement officer engaged in serving, executing, or attempting to serve or execute a legal writ or process or to assault, beat, disarm, or wound an officer when the person is resisting an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned not more than serve a mandatory minimum prison sentence of ten years, or both./
Amend further, page 2, by striking Section 16-9-320(C) which begins on line 3, and inserting:
/(C) A person who violates the provisions contained in subsection (A) or (B) while using a weapon is guilty of a felony and, upon conviction, must be imprisoned for not less than five years, no portion of which may be suspended, and not more than twenty years./
Renumber subsections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. JENNINGS, with unanimous consent, it was ordered that H. 3774 (Word version) be read the third time tomorrow.
The following Bill was taken up.
H. 3690 (Word version) -- Rep. Askins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-640 SO AS TO PROVIDE THAT CANINES CERTIFIED TO WORK WITH LAW ENFORCEMENT OFFICERS OR FIRE SERVICE PERSONNEL FOR THE PURPOSE OF FIRE INVESTIGATIONS, TRAINING, OR OTHER RELATED MATTERS MUST BE PERMITTED TO STAY OVERNIGHT WITH THESE OFFICIALS WHEN THEY ARE STAYING IN A PLACE OF PUBLIC ACCOMMODATIONS ON OFFICIAL BUSINESS AND TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS.
Reps. MOODY-LAWRENCE, SCOTT, GOVAN and KENNEDY proposed the following Amendment No. 2 (Doc Name P:\AMEND\JIC\6106CM.97), which was tabled.
Amend the bill, as and if amended, SECTION 1, Section 47-3-640, page 3690-4, by inserting at the end:
/(D) A place of public accommodations subject to the provisions contained in this section may designate certain rooms in which canines may stay overnight with law enforcement officers or fire service personnel. These rooms must be designated as 'pet' rooms./
Reletter items to conform.
Amend title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. SIMRILL spoke against the amendment.
Reps. MOODY-LAWRENCE and HOWARD spoke in favor of the amendment.
Rep. LIMEHOUSE spoke against the amendment.
Rep. SIMRILL moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Allison Barfield Barrett Battle Bauer Beck Boan Brown, H. Campsen Cato Chellis Cooper Cotty Cromer Davenport Delleney Easterday Edge Fleming Gamble Gourdine Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Hodges Jordan Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Martin McCraw Mullen Phillips Quinn Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Govan Hines, J. Hines, M. Howard Jennings Kennedy Lee Limbaugh Mack McLeod McMahand Moody-Lawrence Neal Neilson Parks Rhoad Scott Whipper Wilkes
So, the amendment was tabled.
Rep. KENNEDY proposed the following Amendment No. 3 (Doc Name P:\AMEND\KGH\15257JM.97).
Amend the bill, as and if amended, Section 47-3-640(A), as contained in SECTION 1, at page [3690-1], by striking line 29 and inserting:
/to the premises or facilities by the certified canine. The manager of the place of public accommodations has the option to designate a specific room for the use by the certified canine and the accompanying law enforcement officer or fire service personnel. In a/
Renumber sections to conform.
Amend title to conform.
Rep. KENNEDY explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 3, Rep. KENNEDY having the floor.
Rep. CATO moved that the House recur to the morning hour, which was agreed to.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4111 (Word version) -- Reps. H. Brown, Limehouse, Seithel, Harrell, Woodrum, Limbaugh, Jennings, J. Hines, Wilkins, Felder, Young, M. Hines and Harvin: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE TO BE CONSTRUCTED AT THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND STATE ROAD 83 IN FLORENCE COUNTY TO PROVIDE ACCESS TO HONDA CORPORATION'S SOUTH CAROLINA FACILITY IN HONOR OF WOODROW MAXIE "WOODY" MCKAY AND TO PLACE APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE REFLECTING THIS DESIGNATION.
Ordered for consideration tomorrow.
The following was introduced:
H. 4157 (Word version) -- Reps. Harvin, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO EXTEND THE SINCERE GRATITUDE OF THE HOUSE OF REPRESENTATIVES TO MRS. MERLE DAVIS BAXLEY, MOTHER OF REPRESENTATIVE MIKE BAXLEY OF HARTSVILLE, FOR HER THOUGHTFULNESS IN BAKING COOKIES FOR THE MEMBERS EACH WEEK DURING THE SESSION.
Whereas, Mrs. Merle Baxley is the mother of Representative Mike Baxley of Hartsville; and
Whereas, Representative Baxley has served in the South Carolina House of Representatives since 1987; and
Whereas, for ten years Mrs. Baxley has proudly observed as her son and the other members of the House have dutifully and honorably served the people of the State of South Carolina; and
Whereas, Mrs. Baxley knows, as does any mother, that profound thought and aggressive debate must be fueled constantly; and
Whereas, she desires to do her part in assuring that the House of Representatives continues to be an effective and vital voice for the people of this State; and
Whereas, toward that end she kindly bakes cookies for the House members during the session, giving them the energy to continue their proud service and reminding them that there is a warm welcoming kitchen somewhere outside the awesome walls of the House Chamber. Now, therefore,
Be it resolved by the House of Representatives:
That members of the House of Representatives extend their sincere gratitude to Mrs. Merle Davis Baxley, mother of Representative Mike Baxley of Hartsville, for her thoughtfulness in baking cookies for them each week during the session.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Baxley.
The Resolution was adopted.
The following was introduced:
H. 4158 (Word version) -- Reps. Harvin, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO THANK SINCERELY MRS. NANCY PREWITT WILKES, WIFE OF REPRESENTATIVE TIM WILKES OF WINNSBORO, FOR HER UNSELFISH ACT OF BAKING COOKIES FOR THE MEMBERS OF THE HOUSE OF REPRESENTATIVES EVERY WEEK Y DURING THE SESSION.
Whereas, Mrs. Nancy Prewitt Wilkes is the wife of Representative Tim Wilkes of Winnsboro; and
Whereas, Representative Wilkes has served in the South Carolina House of Representatives since 1989; and
Whereas, Mrs. Wilkes understands first-hand and fully the sacrifices that public service demands of South Carolina's lawmakers; and
Whereas, she would have all the citizens of this State remember that its lawmakers are not simply elected officials but are also somebody's much-loved spouse or child or parent; and
Whereas, she desires to show them that their honorable and time-consuming public service is appreciated; and
Whereas, toward that end, she lovingly bakes cookies for the members of the House of Representatives during the session to show her support and appreciation for their efforts. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives sincerely thank Mrs. Nancy Prewitt Wilkes, wife of Representative Tim Wilkes of Winnsboro, for her unselfish act of baking cookies for them every week during the session.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Wilkes.
The Resolution was adopted.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3, Rep. KENNEDY having the floor. H. 3690 (Word version) -- Rep. Askins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-640 SO AS TO PROVIDE THAT CANINES CERTIFIED TO WORK WITH LAW ENFORCEMENT OFFICERS OR FIRE SERVICE PERSONNEL FOR THE PURPOSE OF FIRE INVESTIGATIONS, TRAINING, OR OTHER RELATED MATTERS MUST BE PERMITTED TO STAY OVERNIGHT WITH THESE OFFICIALS WHEN THEY ARE STAYING IN A PLACE OF PUBLIC ACCOMMODATIONS ON OFFICIAL BUSINESS AND TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS.
Debate was resumed on Amendment No. 3, by Rep. KENNEDY.
Rep. KENNEDY continued speaking.
Rep. KELLEY moved to table the amendment, which was agreed to by a division vote of 50 to 21.
Reps. MOODY-LAWRENCE, SCOTT, KENNEDY, COBB-HUNTER, NEAL and EASTERDAY requested debate on the Bill.
The following Bill was taken up.
S. 458 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL GROUP HEALTH INSURANCE, SO AS TO REVISE CERTAIN DEFINITIONS AND ADD NEW DEFINITIONS; TO AMEND SECTION 38-71-940, AS AMENDED, RELATING TO PREMIUM RATES AND RATING FACTORS FOR HEALTH INSURANCE PLANS AND THE PROHIBITION OF INVOLUNTARY BUSINESS CLASS TRANSFER, SO AS TO USE AN INDEX RATE VERSUS AN ACTUARIAL BASE RATE AS A MEASURE OF THE "AVERAGE RATE", TO STRENGTHEN ACTUARIAL CERTIFICATION REQUIREMENTS, TO ALLOW RATE VARIATION FROM THE INDEX RATE, TO LIMIT THE INDEX RATE VARIATION FOR A CLASS OF BUSINESS, TO CHANGE THE PROVISIONS FOR PREMIUM RATE INCREASES TO ALLOW AN ANNUAL ADJUSTMENT DUE TO CLAIM EXPERIENCE, HEALTH STATUS, OR DURATION OF COVERAGE, TO ADD GROUP SIZE AS A CASE CHARACTERISTIC AND DELETE IT AS MEANS OF CREATING A CLASS OF NEW BUSINESS; AND TO AMEND SECTION 38-71-960, AS AMENDED, RELATING TO DISCLOSURE TO SMALL EMPLOYERS IN SOLICITATION AND SALES MATERIAL FOR HEALTH INSURANCE, SO AS TO EXPAND INFORMATION REQUIRED TO BE DISCLOSED.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15244JM.97), which was adopted.
Amend the bill, as and if amended, SECTION 3, by adding to Section 38-71-940(A), on page 5, immediately after line 5, the following:
/(5) If group size is used as a case characteristic by a small employer insurer, the highest rate factor associated with a group size classification may not exceed the lowest rate factor associated with such a classification by more than twenty percent./
Amend further, by adding the following appropriately numbered SECTION to read:
/SECTION _____. (A) Section 12-6-1140 of the 1976 Code, as added by Act 76 of 1995, is amended by adding:
"(8) the portion of premiums not deductible pursuant to Internal Revenue Code Section 162(L) because the 'applicable percentage' as defined in that section is less than one hundred percent."
(B) This section is effective for taxable years beginning after 1997./
Amend further, by striking SECTION 6, as contained on line 12 at page 6, and inserting:
/SECTION 6. Except as otherwise specifically provided in this act, this act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. SEITHEL explained the amendment.
The amendment was then adopted.
Reps. MOODY-LAWRENCE, SCOTT, NEAL, GOURDINE and M. HINES requested debate on the Bill.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 451 (Word version) -- Senators McConnell and Giese: A BILL TO REPEAL SECTION 2, ACT 394 OF 1994, RELATING TO THE THREE-YEAR PROSPECTIVE REPEAL WHICH PROHIBITS A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.
Rep. SEITHEL explained the Bill.
The following Bill was taken up.
H. 3966 (Word version) -- Reps. Trotter, Breeland, Chellis, Meacham, Hinson, Riser, Sandifer, Cooper, F. Smith, Barrett, McMahand, Webb, Stille, Fleming, Robinson, Law, Dantzler, Cato, Leach, Loftis, Kelley, Townsend, Kirsh, Lanford, Edge and Witherspoon: A BILL TO AMEND SECTIONS 58-35-40, 58-35-60, 58-35-80, AND 58-35-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, REVISE A NOTICE OF INTENT TO EXCAVATE OR DEMOLISH THAT MUST BE SERVED, TO REVISE THE DEFINITION OF "THE APPROXIMATE LOCATION OF UNDERGROUND UTILITIES", AND TO PROVIDE A LIABILITY PROVISION FOR A PERSON WHO DAMAGES AN UNDERGROUND UTILITY BELONGING TO AN OPERATOR WHO IS NOT A MEMBER OF CERTAIN ASSOCIATIONS FOR MUTUAL RECEIPT OF NOTICE.
Rep. CARNELL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up. S. 303 (Word version) -- Senators Courtney and Land: A BILL TO AMEND SECTION 42-1-415, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBMISSION OF DOCUMENTATION TO THE WORKERS' COMPENSATION COMMISSION THAT A CONTRACTOR OR SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A HIGHER TIER SUBCONTRACTOR, CONTRACTOR, OR PROJECT OWNER AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE CONTRACTOR OR SUBCONTRACTOR WAS ENGAGED TO PERFORM WORK, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE AND PROVIDE, AMONG OTHER THINGS, THAT IF A CONTRACTOR OR SUBCONTRACTOR HAS SO REPRESENTED HIMSELF AND THAT IF THAT EMPLOYER IS UNINSURED, REGARDLESS OF THE NUMBER OF EMPLOYEES THE EMPLOYER HAS, THE HIGHER TIER SUBCONTRACTOR, CONTRACTOR, PROJECT OWNER, OR HIS INSURANCE CARRIER SHALL IN THE FIRST INSTANCE PAY ALL AWARDS OF COMPENSATION AND MEDICAL BENEFITS.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3857 (Word version) -- Rep. Felder: A BILL TO AMEND SECTION 20-7-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL ABUSE AND NEGLECT, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO INVESTIGATE SUCH ABUSE AND NEGLECT, TO PROVIDE THE DEPARTMENT WITH THE POWERS PROVIDED FOR INVESTIGATION OF ABUSE AND EXPLOITATION OF VULNERABLE ADULTS, AND TO REMOVE FROM THE OMBUDSMAN IN THE OFFICE OF THE GOVERNOR AND ASSIGN TO THE DEPARTMENT THE AUTHORITY TO INVESTIGATE ALLEGATIONS OF ABUSE AND NEGLECT OCCURRING IN HEALTH FACILITIES LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH.
Rep. YOUNG explained the Bill.
Rep. DAVENPORT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3971 (Word version) -- Reps. Campsen, Woodrum, Young, Klauber, Altman and Harrison: A BILL TO AMEND SECTION 62-1-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF THE PROBATE CODE, SO AS TO CLARIFY THAT SUBSTANTIVE RIGHTS IN AN ESTATE ARE DETERMINED BY THE LAW IN EFFECT AT THE DATE OF DEATH; TO AMEND SECTION 62-1-201, RELATING TO THE DEFINITION OF "MINOR", SO AS TO EXCLUDE THOSE PERSONS UNDER THE AGE OF EIGHTEEN WHO ARE EITHER MARRIED OR EMANCIPATED; TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO SUBJECT MATTER JURISDICTION OF THE PROBATE COURT, SO AS TO PROVIDE THE PROBATE COURT EXCLUSIVE ORIGINAL JURISDICTION OVER ACCOUNTS AND DISPUTES ARISING UNDER THE UNIFORM GIFTS TO MINORS ACT; TO AMEND SECTION 62-1-308, AS AMENDED, RELATING TO APPEALS, SO AS TO PROVIDE FOR ALLOWING PARTIES NOT IN DEFAULT TO APPEAL DIRECTLY TO THE SOUTH CAROLINA SUPREME COURT; TO AMEND SECTION 62-1-403, RELATING TO THE REPRESENTATIVE CAPACITY OF PARENTS, SO AS TO ADD "UNBORN CHILD"; TO AMEND SECTION 62-2-109, AS AMENDED, RELATING TO THE MEANING OF "CHILD", SO AS TO CLARIFY WHEN AND HOW PATERNITY MAY BE ESTABLISHED; TO AMEND SECTION 62-2-302, AS AMENDED, RELATING TO PRETERMITTED CHILDREN, SO AS TO SUBSTITUTE "SPOUSE" FOR "PARENT OF THE OMITTED CHILD"; TO AMEND SECTION 62-2-501, RELATING TO WHO MAY MAKE A WILL, SO AS TO PROHIBIT MINORS, AS DEFINED IN SECTION 62-1-201 FROM MAKING A WILL; TO AMEND SECTION 62-2-802, RELATING TO THE DEFINITION OF "SURVIVING SPOUSE", SO AS TO NOT INCLUDE A COMMON LAW SPOUSE UNLESS HE OR SHE HAS BEEN ESTABLISHED AS SUCH BY AN ADJUDICATION COMMENCED WITHIN A SPECIFIED PERIOD; TO AMEND SECTION 62-2-803, RELATING TO THE EFFECTS OF HOMICIDE ON INTESTATE SUCCESSION, SO AS TO PROVIDE THAT A KILLER WHO DIES WITHIN ONE HUNDRED AND TWENTY HOURS OF THE DECEDENT IS CONSIDERED TO HAVE PREDECEASED THE DECEDENT; TO AMEND SECTION 62-3-203, AS AMENDED, RELATING TO THE PRIORITY AMONG PERSONS SEEKING APPOINTMENT AS A PERSONAL REPRESENTATIVE, SO AS TO REALIGN LANGUAGE CONVEYING THE PRIORITY OF A NOMINATOR TO THE NOMINEE WITH THE QUALIFICATION THAT PERSONS NOMINATED BY THE DECEDENT SHALL HAVE THE HIGHEST PRIORITY; TO AMEND SECTION 62-3-603, AS AMENDED, RELATING TO BOND REQUIRED OF PERSONAL REPRESENTATIVES, SO AS TO CLARIFY WHEN BOND IS REQUIRED; TO AMEND SECTION 62-3-610, RELATING TO THE TERMINATION OF APPOINTMENT OF A PERSONAL REPRESENTATIVE, SO AS TO CLARIFY THE PROCESS FOR RESIGNATION OF A PERSONAL REPRESENTATIVE; TO AMEND SECTION 62-3-614, RELATING TO THE APPOINTMENT OF A SPECIAL ADMINISTRATOR, SO AS TO PROVIDE FOR INFORMAL APPOINTMENT UPON THE APPLICATION OF A CREDITOR OF THE DECEDENT'S ESTATE; TO AMEND SECTION 62-3-719, AS AMENDED, RELATING TO THE COMPENSATION OF A PERSONAL REPRESENTATIVE, SO AS TO CLARIFY THAT COMPENSATION IS BASED UPON THE VALUE OF THE PROBATE ESTATE; TO AMEND SECTION 62-3-914, AS AMENDED, RELATING TO THE DISPOSITION OF UNCLAIMED ASSETS, SO AS TO DELETE THE TIME REQUIREMENT FOR FIRST NOTICE AND TO PROVIDE THAT UNCLAIMED DEVISES OF ONE HUNDRED DOLLARS OR LESS MAY BE TRANSFERRED TO THE SOUTH CAROLINA STATE TREASURER; TO AMEND SECTION 62-3-1001, RELATING TO PETITION FOR SETTLEMENT, SO AS TO CLARIFY THAT THE PROPOSAL FOR DISTRIBUTION PERTAINS ONLY TO ASSETS NOT YET DISTRIBUTED; TO AMEND SECTION 62-3-1101, RELATING TO THE EFFECT OF APPROVAL OF AGREEMENTS INVOLVING TRUSTS, INALIENABLE INTERESTS, OR INTERESTS OF THIRD PERSONS, SO AS TO CLARIFY THAT SETTLEMENTS PURSUANT TO THIS SECTION NEED NOT COMPLY WITH SECTION 62-5-433; TO AMEND SECTION 62-5-103, AS AMENDED, RELATING TO PAYMENT OR DELIVERY TO A MINOR OR INCAPACITATED PERSON, SO AS TO CLARIFY FOR WHAT PURPOSES SUMS RECEIVED ON BEHALF OF THE MINOR OR INCAPACITATED PERSON MAY BE USED; TO AMEND SECTION 62-5-104, RELATING TO THE DELEGATION OF A GUARDIAN'S POWERS, SO AS TO PROVIDE FOR THE POWERS TO BE DELEGATED TO ANOTHER PERSON FOR A PERIOD NOT TO EXCEED THIRTY DAYS; TO AMEND SECTION 62-5-310, AS AMENDED, RELATING TO TEMPORARY GUARDIANS, SO AS TO REQUIRE A HEARING TO REVIEW THE APPOINTMENT OF A TEMPORARY GUARDIAN WITHIN THIRTY DAYS OF THAT APPOINTMENT; TO AMEND SECTION 62-5-405, RELATING TO NOTICE OF APPOINTMENT OF A CONSERVATOR, SO AS TO REQUIRE THAT ONLY THE PERSON TO BE PROTECTED BE SERVED PERSONALLY WITH NOTICE AT LEAST TWENTY DAYS BEFORE THE HEARING; TO AMEND SECTION 62-5-424, RELATING TO THE POWERS OF THE CONSERVATOR, SO AS TO PROVIDE FOR LIMITED POWERS OF THE CONSERVATOR TO THOSE SET FORTH IN THE SECTION AND TO PROVIDE THAT A CONSERVATOR, WITH COURT APPROVAL, MAY ENCUMBER ASSETS FOR PERIODS WITHIN OR BEYOND HIS TERM OF CONSERVATORSHIP; TO AMEND SECTION 62-5-425, RELATING TO DISTRIBUTIVE DUTIES AND POWERS OF THE CONSERVATOR, SO AS TO CLARIFY THAT ONLY MAJORITY OR EMANCIPATION RESULTING FROM A PROCEEDING BEGUN PRIOR TO THE BEGINNING OF THE CONSERVATORSHIP, AND NOT MARRIAGE, END A CONSERVATORSHIP; TO AMEND SECTION 62-5-428, RELATING TO CLAIMS AGAINST PROTECTED PERSONS, SO AS TO PROVIDE THAT ANY CLAIM DENIED BY THE CONSERVATOR REMAINS BARRED UNLESS THE CLAIMANT FILES A PETITION WITH THE COURT WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE OF THE DISALLOWANCE; TO AMEND SECTION 62-5-501, AS AMENDED, RELATING TO POWERS OF ATTORNEY NOT AFFECTED BY DISABILITY, SO AS TO DELETE THE COURT'S REQUIREMENT OF AN INVENTORY AND A SURETY BOND; TO AMEND SECTION 62-7-705, AS AMENDED, RELATING TO THE RESIGNATION OF A TRUSTEE, SO AS TO PROVIDE FOR RESIGNATION ONLY UPON SPECIFIED CONDITIONS; TO AMEND SECTION 20-1-550, RELATING TO SERVICE UPON A NONRESIDENT OR ABSENT DEFENDANT IN AN ACTION TO ANNUL A MARRIAGE, SO AS TO ELIMINATE THE DUTY OF THE PLAINTIFF TO FORWARD NOTICE TO THE PROBATE COURT; TO AMEND SECTION 20-7-150, RELATING TO DEFINITIONS UNDER THE UNIFORM GIFTS TO MINORS ACT, SO AS TO CLARIFY THE DEFINITIONS OF "COURT" AND "MINOR"; AND TO REPEAL SECTION 14-23-650, RELATING TO THE DESCRIPTION OF DEVISED LANDS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20740AC.97).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 62-1-100(b)(5) of the 1976 Code is amended to read:
"(5) any a rule of construction or presumption provided in this Code applies to instruments executed and multiple-party accounts opened before the effective date unless there is a clear indication of a contrary intent."
SECTION 2. Section 62-1-201(24) of the 1976 Code is amended to read:
"(24) 'Minor' means a person who is under eighteen years of age, excluding a person under the age of eighteen who is married or emancipated as decreed by the family court."
SECTION 3. Section 62-1-302 of the 1976 Code, as last amended by Act 475 of 1992, is further amended to read:
"Section 62-1-302. (a) To the full extent permitted by the Constitution, and except as otherwise specifically provided hereinafter, the probate court has exclusive original jurisdiction over all subject matter related to:
(1) estates of decedents, including the contest of wills, construction of wills, and determination of heirs and successors of decedents and estates of protected persons;
(2) protection of minors, (except that jurisdiction over the care, custody, and control of the persons of minors is governed by Section 62-5-201) and incapacitated persons, including the mortgage and sale of personal and real property owned by minors or incapacitated persons as well as gifts made pursuant to the South Carolina Uniform Gifts to Minors Act, Section 20-7-140 et seq., except that jurisdiction for approval of settlement of claims in favor of or against minors or incapacitated persons is governed by Section 62-5-433;
(3) trusts, inter vivos or testamentary, including the appointment of successor trustees;
(4) the issuance of marriage licenses, in form as provided by the Bureau of Vital Statistics of the Department of Health and Environmental Control; to record, index, and dispose of copies of marriage certificates; and the issuance of issue certified copies of such the licenses and certificates;
(5) the performance of the duties of the clerk of the circuit and family courts of the county in which such the probate court is held when there is a vacancy in the office of clerk of court for any reason and in proceedings in eminent domain for the acquisition of rights-of-way by railway companies, canal companies, governmental entities, or public utilities when such the clerk is disqualified by reason of ownership of or interest in any lands over which it is sought to obtain such the rights-of-way;
(6) the involuntary commitment of persons suffering from mental illness, mental retardation, alcoholism, drug addiction, and active pulmonary tuberculosis.
(b) The court's jurisdiction over matters involving wrongful death or actions under the survival statute is concurrent with that of the circuit court and shall extend only to the approval of settlements as provided in Sections 15-51-41 and 15-51-42, and to the allocation of settlement proceeds among the parties involved in the estate.
(c) Notwithstanding the exclusive jurisdiction of the probate court over the foregoing matters, any action or proceeding filed in the probate court and relating to the following subject matters, on motion of any a party, or by the court on its own motion, made not later than ten days following the date on which all responsive pleadings must be filed, must be removed to the circuit court and in such these cases the circuit court shall proceed upon the matter de novo:
(1) formal proceedings for the probate of wills and for the appointment of personal representatives;
(2) construction of wills;
(3) actions to try title;
(4) trusts; and
(5) actions in which a party has a right to trial by jury and which involve an amount in controversy of at least five thousand dollars in value. The removal to the circuit court of an action or proceeding within the exclusive jurisdiction of the probate court applies only to the particular action or proceeding removed, and the probate court otherwise retains continuing exclusive jurisdiction.; and
(6) actions concerning gifts made pursuant to the South Carolina Uniform Gifts to Minors Act, Section 20-7-140 et seq.
The removal to the circuit court of an action or proceeding within the exclusive jurisdiction of the probate court applies only to the particular action or proceeding removed, and the probate court otherwise retains continuing exclusive jurisdiction."
SECTION 4. Section 62-1-308 of the 1976 Code, as last amended by Act 521 of 1990, is further amended to read:
"Section 62-1-308. Except as provided in subsection (g), Appeals appeals from the probate court shall must be to the circuit court and shall be are governed by the following rules:
(a) Any A person interested in any a final order, sentence, or decree of any a probate court and considering himself injured thereby by it may appeal therefrom to the circuit court in the same county. The notice of intention to appeal to the circuit court must be filed in the office of the circuit court and in the office of the probate court and a copy thereof served on all parties within ten days after receipt of written notice of the decision appealed from order, sentence, or decree of the probate court. The grounds of appeal must be filed in the office of the probate court and a copy thereof served on all parties within forty-five days after receipt of written notice of the order, sentence, or decree of the probate court.
(b) Within thirty days after the grounds of appeal shall have has been filed in the office of the probate court, as provided in subsection (a), the probate court shall make a return to the appellate court of the testimony, proceedings, and judgment and file it in the appellate court. Upon the appeal being finally disposed of final disposition of the appeal, all such papers included in the return shall must be returned forwarded to the probate court.
(c) When an appeal according to law is taken from any a sentence or decree of the probate court, all proceedings in pursuance of the order, sentence, or decree appealed from shall cease until the judgment of the circuit or Supreme Court is had.; but, If the appellant waives his appeal in writing waives his appeal before the entry of such the judgment, proceedings may be had in the probate court as if no appeal had been taken.
(d) When the return shall have has been filed in the circuit court as provided in subsection (b), the court shall proceed to the hearing and determination of hear and determine the appeal according to the rules of law. The hearing shall must be strictly on appeal and no new evidence shall may be presented.
(e) The final decision and judgment in cases appealed, as provided in this code, shall must be certified to the probate court by the circuit court or Supreme Court, as the case may be, and the same proceedings shall must be had in the probate court as though such the decision had been made in such probate court.
(f) No A judge of any a probate court shall must not be admitted to have any voice in judging or determining any an appeal from his decision or be permitted to act as attorney or counsel thereon.
(g) If the parties not in default consent either in writing or on the record at a hearing in the probate court, a party to a final order, sentence, or decree of a probate court who considers himself injured by it may appeal directly to the Supreme Court, and the procedure for the appeal must be governed by the South Carolina Appellate Court Rules."
SECTION 5. Section 62-1-403(2)(ii) and (iii) of the 1976 Code are amended to read:
"(ii) To the extent there is no conflict of interest between them or among persons represented, orders binding a conservator bind the person whose estate he controls; orders binding a guardian bind the ward if no conservator of his estate has been appointed; orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will establishing or adding to a trust to review the acts or accounts of a prior fiduciary and in proceedings involving creditors or other third parties; and orders binding a personal representative bind persons interested in the undistributed assets of a decedent's estate in actions or proceedings by or against the estate. If there is no conflict of interest and no conservator or guardian has been appointed, a parent may represent his minor or unborn child.
(iii) An A minor or unborn or unascertained person who is not otherwise represented is bound by an order to the extent his interest is adequately represented by another party having a substantially identical interest in the proceeding."
SECTION 6. Section 62-2-109(2)(ii) of the 1976 Code, as last amended by Act 521 of 1990, is further amended to read:
"(ii) the paternity is established by an adjudication commenced before the death of the father or within the later of eight months after the death of the father or six months after the probate of his estate the initial appointment of a personal representative of his estate and, if after his death, by clear and convincing proof, except that the paternity established under this subparagraph subitem (ii) is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his and has not refused to support the child."
SECTION 7. Section 62-2-302(a)(2) of the 1976 Code, as last amended by Act 521 of 1990, is further amended to read:
"(2) when the will was executed the testator had one or more children and devised substantially all his estate to the other parent of the omitted child his spouse; or"
SECTION 8. Section 62-2-501 of the 1976 Code is amended to read:
"Section 62-2-501. Any A person married or eighteen or more years of age who is of sound mind and who is not a minor as defined in Section 62-1-201(24) may make a will."
SECTION 9. Section 62-2-802(b) of the 1976 Code is amended by adding:
"(4) a person claiming to be a common law spouse who has not been established to be a common law spouse by an adjudication commenced before the death of the decedent or within the later of eight months after the death of the decedent or six months after the initial appointment of a personal representative; if the action is commenced after the death of the decedent, proof must be by clear and convincing evidence."
SECTION 10. Section 62-2-803 of the 1976 Code is amended by adding:
"(g) For purposes of this section, the killer is considered to have predeceased the decedent if the killer dies within one hundred twenty hours after feloniously and intentionally killing the decedent."
SECTION 11. Section 62-3-203(a)(7) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(7) four months after the death of the decedent, upon application by the South Carolina Department of Revenue and Taxation, any a person suitable to the court. Any person with priority may nominate another, who shall have the same priority as the person making the nomination."
SECTION 12. Section 62-3-203(a) of the 1976 Code, as last amended by Act 521 of 1990, is further amended by adding:
"(8) Unless a contrary intent is expressed in the decedent's will, a person with priority under subsection (a) may nominate another, who shall have the same priority as the person making the nomination, except that a person nominated by the testator to serve as personal representative or successor personal representative shall have a higher priority than a person nominated pursuant to this item."
SECTION 13. Section 62-3-603(A) of the 1976 Code, as last amended by Act 470 of 1994, is further amended to read:
"(A) Except as otherwise provided in this section, no bond is required of a personal representative or successor personal representative who is named in a will or when there is only a single beneficiary named in a will who is also appointed as the personal representative. Bond is required in the following cases:
(1) upon the appointment of a special administrator;
(2) upon the appointment of a personal representative of an intestate estate unless the court has determined at the time of appointment that there is only a single qualified surviving heir pursuant to the provisions of this Probate Code governing intestacy and that the heir is appointed as the personal representative;
(3) upon appointment of a nonresident personal representative unless bond is expressly excused in the will;
(4) when a personal representative is appointed to administer an estate under a will containing an express requirement of bond; or
(5) when bond is required under Section 62-3-605;
(6) upon appointment of a personal representative not named in a will, unless otherwise provided in the will or in this section or unless the personal representative is the sole beneficiary named in the will.
No bond is required of a banking corporation or trust company qualified under Section 34-15-10 when it is appointed to act as a personal representative except under item (4). Except as may be required pursuant to Section 62-3-605 or upon the appointment of a special administrator, a personal representative is not required to file a bond if:
(1) all heirs and devisees agree to waive the bond requirement;
(2) the personal representative is the sole heir or devisee;
(3) the personal representative is a state agency, bank, or trust company, unless the will expressly requires a bond; or
(4) the personal representative is named in the will, unless the will expressly requires a bond.
If, pursuant to Section 62-3-203(a), the court appoints as personal representative a nominee of a personal representative named in a will, or if bond is required under item (6) of this section, the court may in its discretion decide not to require bond."
SECTION 14. Section 62-3-610 of the 1976 Code is amended to read:
"Section 62-3-610. (a) Unless otherwise provided, an order closing an estate as provided in Section 62-3-1001 terminates an appointment of a personal representative.
(b) A personal representative may resign his position by filing a written statement of resignation with the court after he has given at least fifteen days and providing twenty days' written notice to the persons known to be interested in the estate. If no one applies or petitions for appointment of a successor representative within the time indicated in the notice, the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to him."
SECTION 15. Section 62-3-614(1) of the 1976 Code is amended to read:
"(1) informally by the court on the application of any an interested person when necessary:
(a) to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated as provided in Section 62-3-609; or
(b) for a creditor of the decedent's estate to institute any proceeding under Section 62-3-803(c);"
SECTION 16. Section 62-3-719 of the 1976 Code, as last amended by Act 521 of 1990, is further amended to read:
"Section 62-3-719. (a) A Unless otherwise approved by the court for extraordinary services, a personal representative shall receive for his care in the execution of his duties receive a sum from the probate estate funds not to exceed five percent of the appraised value of the personal property of the probate estate plus the sales proceeds of real property of the probate estate received on sales directed or authorized by will or by proper court order, except upon sales to the personal representative as purchaser. The minimum commission payable is fifty dollars and no less, regardless of the value of the personal property of the estate.
(b) Additionally, a personal representative is entitled to may receive a sum not to exceed more than five percent of the income earned by the probate estate in which he acts as fiduciary. No such additional commission is payable by any an estate if the probate judge determines that a personal representative has acted unreasonably in the accomplishment of the assigned duties, or that unreasonable delay has been encountered.
(c) The provisions of this section do not apply in any a case where there is a contract providing for the compensation to be paid for such services, or where the will otherwise directs, or where the personal representative qualified to act prior to before June 28, 1984.
(d) A personal representative also may renounce his right to all or any part of the compensation. A written renunciation of fee may be filed with the court.
(e) If more than one personal representative is serving an estate, the court in its discretion shall apportion the compensation among the personal representatives, but the total compensation for all personal representatives of an estate must not exceed the maximum compensation allowable under subsections (a) and (b) for an estate with a sole personal representative.
(f) For purposes of this section, 'probate estate' means the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy. This subsection is intended to be declaratory of the law and governs the compensation of personal representatives currently serving and personal representatives serving at a later time."
SECTION 17. Section 62-3-914 of the 1976 Code, as last amended by Act 521 of 1990, is further amended to read:
"Section 62-3-914. (a) If after the expiration of eight months from the appointment of the personal representative of any a decedent it appears to the satisfaction of the court by whom the appointment was granted that the personal representative of the estate is unable to ascertain the whereabouts of any a person supposed to be entitled to be as heir or devisee of the estate or whether any a person who, if living, would be entitled as heir or devisee of this estate be is dead or not alive, the court may issue a notice addressed to all persons interested in the estate as heirs or devisees calling on the person whose whereabouts or the fact of whose death is unknown, his personal representatives, or heirs or devisees, to appear before the court on a certain day and hour to be as specified in this notice and to show cause why the personal representative should not be ordered to distribute the estate as if the person whose whereabouts or the fact of whose death is unknown had died before the decedent, and notifying all persons entitled to the estate as heir or devisee, or otherwise, to appear on a designated day and time before the court to intervene for their interest in the estate. The day fixed in the notice, on which cause must be shown, must not be less than one month after the date of the first publication of the notice.
(b) The notice must be published once a week for three successive weeks in a newspaper published in the county in which the court is held. The first publication of the notice must be made within ten days after the date of the notice and the newspaper must be designated by the court. The court has the right, in its discretion, to order the notice to be published once a week for three successive weeks in one other newspaper published in another place most likely to give notice to interested persons.
(c) The publication of the notice as prescribed in subsection (b) must be proved by filing with the court copies of the newspapers containing the publication of the notice and the affidavit of the publishers or printers of the respective newspapers.
(d) At the time fixed in the notice for cause to be shown, due proof of publication having been made and filed as required by subsection (c), if no person appears as therein required, the court must decree distribution of the estate to be made as if the person whose whereabouts or the fact of whose death is unknown had died before the decedent. Distribution so made by the personal representative is a full and complete discharge to the personal representative.
(e) At the time fixed in the notice for cause to be shown, due proof of publication having been made and filed as required by subsection (c), if the person whose whereabouts or the fact of whose death was unknown appears, all further proceedings must be discharged.
(f) If the identity of the person so appearing is disputed by the personal representative, any an heir or devisee of the decedent or the legal representatives of any an heir or devisee, the court must proceed to hear and determine the controversy. If the controversy is determined against the person so appearing, distribution of the estate must be made as prescribed in subsection (d); but if the controversy be is determined in favor of the party so appearing he is considered to be the person whose whereabouts or the fact of whose death was unknown. The determination in either case, however, is subject to appeal as provided in Section 62-1-308.
(g) At the expiration of the time fixed in the notice for cause to be shown, due proof of publication having been made and filed as required by subsection (c), if any a person appears claiming to be heir, devisee, or personal representative of the person whose whereabouts or the fact of whose death is unknown or to be otherwise entitled to his estate and claiming a distributive share in the decedent's estate, the court shall proceed to hear and determine whether the person whose whereabouts or the fact of whose death is unknown died before or after the decedent, and if the determination is that the person whose whereabouts or the fact of whose death is unknown died before the decedent, distribution of the decedent's estate must be made accordingly; but if the court determines that the person whose whereabouts or the fact of whose death is unknown died after the death of the decedent, the distributive share of the person must be paid and delivered by the personal representative to the person legally entitled to receive it, the determination in either case, however, to be is subject to appeal as provided in Section 62-1-308.
(h) Instead of the procedure required in this section, an unclaimed devise of one hundred dollars or less may be paid or transferred by the personal representative to the South Carolina State Treasurer."
SECTION 18. SECTION 62-3-1001(a)(2) of the 1976 Code, as last amended by Act 143 of 1991, is further amended to read:
"(2) a proposal for distribution of assets not yet distributed;"
SECTION 19. Section 62-3-1101 of the 1976 Code is amended to read:
"Section 62-3-1101. A compromise of any a controversy as to admission to probate of any an instrument offered for formal probate as the will of a decedent, the construction, validity, or effect of any a probated will, the rights or interests in the estate of the decedent, of any a successor, or the administration of the estate, if approved in a formal proceeding in the court for that purpose, is binding on all the parties thereto including those unborn, unascertained, or who could not be located. An approved compromise is binding even though it may affect a trust or an inalienable interest. A compromise does not impair the rights of creditors or of taxing authorities who are not parties to it. A compromise approved pursuant to this section is not a settlement of a claim subject to the provisions of Section 62-5-433."
SECTION 20. Section 62-5-103 of the 1976 Code, as last amended by Act 521 of 1990, is further amended to read:
"Section 62-5-103. Any A person under a duty to pay or deliver money or personal property to a minor or incapacitated person may perform this duty in amounts not exceeding ten thousand dollars per annum each year, by paying or delivering the money or property to:
(1) the minor if he is married;
(2) any a person having the care and custody of the minor or incapacitated person with whom the minor or incapacitated person resides;
(3)(2) a guardian of the minor or incapacitated person; or
(4)(3) a financial institution incident to a deposit in a federally insured savings account in the sole name of the minor or for the minor under the Uniform Gifts to Minors Act and giving notice of the deposit to the minor.
This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor or incapacitated person are pending. The persons, other than the minor or incapacitated person or any a financial institution under (4) (3) above, receiving money or property for a minor or incapacitated person, are obligated to apply the money to the support and education for the benefit of the minor or incapacitated person with due regard to (i) the size of the estate, the probable duration of the minority or incapacity, and the likelihood that the minor or incapacitated person, at some future time, may be able fully to manage his affairs and his estate; (ii) the accustomed standard of living of the minor or incapacitated person and members of his household; and (iii) other funds or sources used for the support of the minor or incapacitated person, but may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's or incapacitated person's support. Money or other property received on behalf of a minor or incapacitated person may not be used by a person to discharge a legal or customary obligation of support that may exist between that person and the minor or incapacitated person. Any Excess sums must be preserved for future support benefit of the minor or incapacitated person, and any a balance not so used and any property received for the minor or incapacitated person must be turned over to the minor when he attains majority or to the incapacitated person when he is no longer incapacitated. Persons who pay or deliver in accordance with provisions of this section are not responsible for the proper application thereof of it."
SECTION 21. Section 62-5-104 of the 1976 Code, as last amended by Act 65 of 1987, is further amended to read:
"Section 62-5-104. A guardian of an incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months more than thirty days, any of his powers regarding care and custody of the incapacitated person."
SECTION 22. Section 62-5-310(D) of the 1976 Code, as last amended by Act 483 of 1990, is further amended to read:
"(D) If a temporary guardian is appointed without notice under this section, notice and a hearing to review the appointment must be held after
notice and within fourteen thirty days after the appointment of the temporary guardian."
SECTION 23. Section 62-5-405(a) of the 1976 Code is amended to read:
"(a) On a petition for appointment of a conservator or other protective order, the person to be protected and his spouse and his adult children or, if none, his parents or nearest adult relatives if there be no parents, must be served personally with notice of the proceeding at least twenty days before the date of hearing. The spouse and the adult children of the person to be protected, or if none, his parents or nearest adult relatives if there are no parents, must be given notice of the proceeding at least twenty days before the hearing if they can be found within the State, or, if they cannot be found within the State, they must be given notice in accordance with Section 62-1-401. Waiver by the person to be protected is not effective unless he attends the hearing or waiver of notice is given by his attorney."
SECTION 24. Section 62-5-424 of the 1976 Code, as last amended by Act 659 of 1988, is further amended to read:
"Section 62-5-424. (a) A conservator has all of the powers conferred herein and any additional powers conferred by law on trustees in this State.
(b)(A) A conservator has power without court authorization or confirmation to invest and reinvest funds of the estate as would a trustee.
(c)(B) A conservator, acting reasonably in efforts to accomplish the purpose for which he was appointed, may act without court authorization or confirmation, to:
(1) collect, hold, and retain assets of the estate including land in another state, until, in his judgment, disposition of the assets should be made, and the assets may be retained even though they include an asset in which he is personally is interested;
(2) receive additions to the estate;
(3) invest and reinvest estate assets in accordance with subsection (b) (A);
(4) deposit estate funds in a bank including a bank operated by the conservator;
(5) make ordinary or extraordinary repairs or alterations in buildings or other structures, to demolish any improvement, to raze existing or erect new party-walls or buildings;
(6) vote a security, in person or by general or limited proxy;
(7) pay calls, assessments, and any other sums chargeable or accruing against or on account of securities;
(8) sell or exercise stock subscription or conversion rights; to consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise whose stock or shares are publicly held;
(9) hold a security in the name of a nominee or in other form without disclosure of the conservatorship so that title to the security may pass by delivery, but the conservator is liable for any an act of the nominee in connection with the stock so held;
(10) insure the assets of the estate against damage or loss, and the conservator against liability with respect to third persons;
(11) borrow money to be repaid from estate assets or otherwise; to advance money for the protection of the estate or the protected person, and for all expenses, losses, and liability sustained in the administration of the estate or because of the holding or ownership of any estate assets and the conservator has a lien on the estate as against the protected person for advances so made;
(12) pay or contest any a claim except as limited by Section 62-5-433; to settle a claim by or against the estate of the protected person by compromise, arbitration, or otherwise except as limited by Section 62-5-433; and to release, in whole or in part, any a claim belonging to the estate to the extent that the claim is uncollectible.
(13) pay taxes, assessments, and other expenses incurred in the collection, care, administration, and protection of the estate;
(14) allocate items of income or expense to either estate income or principal, as provided by law, including creation of reserves out of income for depreciation, obsolescence, or amortization, or for depletion in mineral or timber properties;
(15) pay any a sum distributable to a protected person or his dependent without liability to the conservator, by paying the sum to the distributee or by paying the sum for the use of the distributee either to his guardian or if none, to a relative or other person with custody of his person;
(16) employ persons, including attorneys, auditors, investment advisors, or agents even though they are associated with the conservator to advise or assist him in the performance of his administrative duties; to act upon their recommendation without independent investigation; and instead of acting personally, to employ one or more agents to perform any an act of administration, whether or not discretionary;
(17) prosecute or defend actions, claims, or proceedings in any jurisdiction for the protection of estate assets and of the conservator in the performance of his duties; and
(18) execute and deliver all instruments which will accomplish or facilitate the exercise of the powers vested in the conservator.
(d)(C) A conservator acting reasonably in efforts to accomplish the purpose for which he was appointed may act with court approval to:
(1) continue or participate in the operation of any unincorporated business or other enterprise;
(2) acquire an undivided interest in an estate asset in which the conservator, in any a fiduciary capacity, holds an undivided interest;
(3) acquire or dispose of an estate asset including land in another state for cash or on credit, at public or private sale; and to manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset;
(4) subdivide, develop, or dedicate land to public use; to make or obtain the vacation of plats and adjust boundaries; to adjust differences in valuation on exchange or to partition by giving or receiving considerations; and to dedicate easements to public use without consideration;
(5) enter for any purpose into a lease as lessor or lessee with or without option to purchase or renew for a term within or extending beyond the term of the conservatorship;
(6) enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement;
(7) grant an option involving disposition of an estate asset, to take an option for the acquisition of any asset;
(8) undertake any other another act deemed considered necessary or reasonable by the conservator and the court for the preservation and management of the estate;
(9) make gifts to charitable organizations and for other religious, charitable, eleemosynary, or educational purposes which are tax deductible as the protected person might have been expected to make, in amounts which do not exceed in total for any year twenty percent of the income from the estate, if and only if the estate is ample to provide for the purposes implicit in the distributions authorized by Section 62-5-425.;
(10) encumber, mortgage, or pledge an asset for a term extending within or beyond the term of the conservatorship."
SECTION 25. Section 62-5-425(b) of the 1976 Code is amended to read:
"(b) When a minor who has not been adjudged disabled under Section 62-5-401(2) attains his majority or is emancipated, his conservator, after meeting all prior claims and expenses of administration, shall pay over and distribute all funds and properties to the former protected person as soon as possible. An individual under the age of eighteen who is also married shall remain a minor for purposes of this subsection until attaining majority or emancipation."
SECTION 26. Section 62-5-428(a) of the 1976 Code is amended to read:
"(a) A conservator must pay from the estate all just claims against the estate and against the protected person arising before or after the conservatorship upon their presentation and allowance. A claim may be presented by either of the following methods:
(1) the claimant may deliver or mail to the conservator a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed;
(2) the claimant may file a written statement of the claim, in the form prescribed by rule, with the clerk of court and deliver or mail a copy of the statement to the conservator.
A claim is deemed considered presented on the first to occur of receipt of the written statement of claim by the conservator or the filing of the claim with the court. Failure of the conservator to mail notice to a claimant of action on his claim for sixty days after the time for original presentation of the claim has expired has the effect of a notice of disallowance. Every claim which is disallowed in whole or part by the conservator is barred so far as not allowed unless the claimant files a petition for allowance in the court or commences a proceeding against the conservator not later than thirty days after the mailing of the notice of disallowance or partial disallowance if the notice warns the claimant of the impending bar. The presentation of a claim tolls any statute of limitation relating to the claim until thirty days after its disallowance."
SECTION 27. Section 62-5-501 of the 1976 Code, as last amended by Act 306 of 1992, is further amended to read:
"Section 62-5-501. (A) Whenever a principal designates another his attorney in fact by a power of attorney in writing and the writing contains (1) the words 'This power of attorney is not affected by physical disability or mental incompetence of the principal which renders the principal incapable of managing his own estate', (2) the words 'This power of attorney becomes effective upon the physical disability or mental incompetence of the principal', or (3) similar words showing the intent of the principal that the authority conferred is exercisable notwithstanding his physical disability or mental incompetence or either physical disability or mental incompetence, the authority of the attorney in fact is exercisable by him as provided in the power on behalf of the principal notwithstanding later physical disability or mental incompetence of the principal or later uncertainty as to whether the principal is dead or alive. The power may define 'physical disability' or 'mental incompetence' and may set forth the procedures for determining whether the principal is physically disabled or mentally incompetent. If no definition of mental incompetence or procedures for determining mental incompetence are set forth, and the authority of the attorney in fact relates solely to health care, mental incompetence is to be determined according to the standards and procedures for inability to consent under Section 44-66-20(6) of the Adult Health Care Consent Act. The authority of the attorney in fact to act on behalf of the principal must be set forth in the power and may relate to any act, power, duty, right, or obligation which the principal has or may acquire relating to the principal or any matter, transaction, or property, including the power to consent or withhold consent on behalf of the principal to health care. The attorney in fact has a fiduciary relationship with the principal and is accountable and responsible as a fiduciary. All acts done by the attorney in fact pursuant to the power during a period of physical disability or mental incompetence or uncertainty as to whether the principal is dead or alive have the same effect and inure to the benefit of and bind the principal or his heirs, devisees, legatees, and personal representative as if the principal were alive, mentally competent, and not disabled physically.
(B) An instrument to which this section is applicable also may provide for successor attorneys in fact and provide conditions for their succession, which may include an authorization for the court to appoint a successor, and the succession may occur whether or not the principal then is physically disabled or mentally incompetent. The appointment of an attorney in fact under this section does not prevent a person or his representative from applying to the court and having a guardian or conservator appointed. Unless the power of attorney provides otherwise, appointment of a guardian terminates all or part of the power of attorney that relates to matters within the scope of the guardianship, and appointment of a conservator terminates all or part of the power of attorney that relates to matters within the scope of the conservatorship.
(C) A power of attorney executed under the provisions of this section must be executed and attested with the same formality and with the same requirements as to witnesses as a will. In addition, the instrument must be recorded in the same manner as a deed in the county where the principal resides at the time the instrument is recorded. After the instrument has been recorded, whether recorded before or after the onset of the principal's physical disability or mental incompetence, it is effective notwithstanding the mental incompetence or physical disability. If the authority of the attorney in fact relates solely to the person of the principal, the instrument is effective without being recorded.
(D) The court, in its discretion, and at any time after the onset of physical disability or mental incompetence, on motion of an interested party or on its own motion, may require that an inventory of all deposits, choses in action, and personal property must be filed with the court, and a surety bond must be posted by the attorney in fact in the manner and amount applicable to a protected person's estate.
(E) A power of attorney as provided for under this section is valid if:
(1) executed in compliance with this section; or
(2) its execution complies with the law at the time of execution of the jurisdiction where the instrument was executed and it is recorded as required by subsection (C). Notwithstanding the provisions of Section 30-5-30, a valid power of attorney as provided for under this section which is executed in another jurisdiction may be recorded as though it complies with the provisions of subsection (C) of this section.
(F)(E) A properly executed durable power of attorney that authorizes an attorney in fact to make health care decisions or other decisions regarding the principal is valid whether or not it was executed after May 14, 1990."
SECTION 28. Section 62-7-705 of the 1976 Code, as added by Act 521 of 1990, is amended to read:
"Section 62-7-705. Unless otherwise provided in the trust instrument, while continuing to act as a trustee, the trustee may not transfer his office to another or delegate the entire administration of the trust to a co-trustee or another. The trustee may resign upon approval of the court if:
(1) the document so provides;
(2) all beneficiaries consent; or
(3) the court approves the resignation.
A beneficiary may consent if the beneficiary is not a minor or incapacitated person or the resignation is consented to by the representative of the minor or incapacitated person as described in Section 61-1-403(1) and (2)."
SECTION 29. Section 20-1-550 of the 1976 Code is amended to read:
"Section 20-1-550. When any a marriage has been contracted or solemnized in this State and any an action is brought under Sections 20-1-80, 20-1-510, and 20-1-530 seeking to annul such marriage it, the plaintiff may shall serve his complaint on the probate judge or other officer before whom the application for marriage license was made when the defendant is a nonresident of this State or has left the State and it is made to appear by the affidavit of one of the parties to the action that such defendant is a nonresident or cannot be found in this State. The probate judge or such other officer shall forward to the last address of the nonresident or absent defendant, as it appears from the application filed before him or from the affidavit of one of the parties, and such service shall be legal and complete from the time the complaint is so served upon the probate judge or other officer mentioned. If there is no last-known address, either from an examination of the application for the marriage license or from any other source, the defendant shall be served defendant by publication as provided in Sections 15-9-710 and 15-9-740. When such service is sought upon the probate judge or other officer before whom the application for a marriage license was made, a fee of one dollar shall be paid to the probate judge for service and the probate judge shall provide a book in which to keep a record of such service, the acceptance of which will be made upon the back of the original summons. The original summons shall must be filed in the office of the clerk of court of the county in which the action is pending, the probate judge keeping one of the copies of the summons and complaint in his office and forwarding the other to the nonresident or absent party.
Service by publication as provided in Sections 15-9-710 and 15-9-740 shall also be is available to a plaintiff in any such an action for annulment whose marriage was contracted or solemnized outside of this State when such the plaintiff was a resident of this State at the time of the marriage or has been a resident of this State for at least one year prior to the commencement of the action."
SECTION 30. Section 20-7-150(4) and (11) of the 1976 Code are amended to read:
"(4) 'Court' means the circuit court or branch having jurisdiction.
(11) 'Minor' is a person who has not attained the age of eighteen years, excluding a person under the age of eighteen who is married or emancipated as decreed by the family court."
SECTION 31. Section 14-23-650 of the 1976 Code is repealed.
SECTION 32. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. YOUNG explained the amendment.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 40 (Word version) -- Senators J. Verne Smith, Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5655 SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF RECORDS OF CLIENTS AND POTENTIAL CLIENTS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN DIVISION, OFFICE OF THE GOVERNOR, AND TO PROVIDE EXCEPTIONS AND PENALTIES; AND TO REPEAL SECTION 20-7-5630 RELATING TO THE ADVISORY COUNCIL TO THE CONTINUUM OF CARE DIVISION.
Rep. SIMRILL explained the Bill.
Rep. T. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 397 (Word version) -- Senators J. Verne Smith, Fair, Thomas and Bryan: A BILL TO AMEND SECTION 4-1-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MULTI-COUNTY INDUSTRIAL AND BUSINESS PARKS, SO AS TO REQUIRE THE PRIOR CONSENT OF A MUNICIPALITY ALL OR A PORTION OF WHICH IS TO BE INCLUDED IN THE PARK.
Rep. SIMRILL explained the Bill.
Rep. MOODY-LAWRENCE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 456 (Word version) -- Senators Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1795 SO AS TO PROVIDE THAT IN THE CASE OF DOMESTICATING THE FOREIGN ADOPTION OF A FOREIGN CHILD, THE COURT SHALL TRANSMIT THE CERTIFICATE OF ADOPTION TO THE STATE REGISTRAR WITHOUT THE NECESSITY OF A HEARING UNLESS THE COURT FINDS THE REQUIRED DOCUMENTATION UNSATISFACTORY; AND TO REQUIRE COURT ADMINISTRATION IN CONSULTATION WITH THE DEPARTMENT OF SOCIAL SERVICES TO PREPARE AND MAKE AVAILABLE ADOPTION FORMS AND GUIDELINES FOR OBTAINING THE DOMESTICATION OF A FOREIGN ADOPTION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15254AC.97).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-1795. (A) Notwithstanding the provisions of Section 20-7-1790(A) and (B), in the case of a child born in a foreign country who was not a United States citizen at birth and whose adoption was finalized in a foreign country, the court shall review the documentation as required by this section and, if it finds the documentation to be satisfactory, shall issue an order stating that the documentation required by this section has been submitted and is satisfactory and that the foreign adoption must be recognized and domesticated in South Carolina. The court shall transmit the order and the certificate of adoption to the State Registrar of Vital Statistics without the necessity of a hearing unless the court finds the documentation submitted pursuant to subsection (B) is unsatisfactory and such finding is stated in the order resulting from the hearing.
(B) Documentation required to be submitted to the court includes, but is not limited to:
(1) a verified petition seeking domestication of the foreign adoption;
(2) a post foreign adoption home study completed by a person certified pursuant to Section 20-7-1750 which evaluates the adjustment and progress of the child and family since adoption;
(3) naturalization papers, if available;
(4) other documentation as the court may request as stated in materials developed pursuant to subsection (C).
(C) Court Administration in consultation with the Department of Health and Environmental Control shall develop petition forms, including documentation required to be filed with the petition, and guidelines for obtaining the domestication of a foreign adoption. These forms and guidelines must be available to the public upon request at all county clerks of court offices and at Department of Health and Environmental Control offices.
(D) The state registrar, upon receipt of the order and certificate of adoption shall take action as provided in Section 44-63-140 with respect to the issuance and filing of an amended certificate of birth."
SECTION 2. Section 44-63-140 of the 1976 Code, as last amended by Act 341 of 1988, is further amended by adding at the end:
"(5) When adoption is decreed in a foreign country of a person born in that country and the procedures set forth in Section 20-7-1795 are followed, upon receipt of the court order with its findings and the certificate of adoption, the state registrar shall prepare a 'Certificate of Foreign Birth'. The certificate, and any issued copy of the certificate, must be labeled 'Certificate of Foreign Birth' and must state the actual country of birth. A statement also must be included on the certificate, and any issued copy of the certificate, that it is not evidence of United States' citizenship for the person for whom it is issued."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. YOUNG explained the amendment.
Rep. MOODY-LAWRENCE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up. S. 532 (Word version) -- Senators Martin, Wilson, J. Verne Smith, Moore, Short, Washington and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-3-235, 20-7-853, AND 20-7-854; AND BY AMENDING SECTIONS 20-1-220, 20-1-350, 20-7-949, 20-7-957, 44-7-77, AS AMENDED, 44-63-60, AS AMENDED, 44-63-75, 44-63-80, AS AMENDED, 44-63-84, 44-63-86, AND 44-63-110, AS AMENDED, ALL RESPECTIVELY RELATING TO DIVORCE DECREES, ADMINISTRATIVE AND JUDICIAL ORDERS, MARRIAGE LICENSES, OCCUPATIONAL AND PROFESSIONAL LICENSES, BUSINESS LICENSES, DRIVERS' LICENSES, HUNTING, FISHING, OR TRAPPING LICENSES, PATERNITY ORDERS AND ACKNOWLEDGMENTS, BIRTH AND DEATH CERTIFICATES, SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON OR IN THESE DOCUMENTS AND TO EXEMPT THE DEPARTMENT OF SOCIAL SERVICES FROM PAYING A FEE FOR OBTAINING COPIES OF THESE DOCUMENTS IF THE DOCUMENT IS NEEDED FOR THE PURPOSE OF ESTABLISHING PATERNITY OR ESTABLISHING, MODIFYING, OR ENFORCING CHILD SUPPORT; TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO INCOME WITHHOLDING FOR CHILD SUPPORT BY ADDING PART III, SO AS TO ESTABLISH PROCEDURES FOR CREATING, PERFECTING, AND COLLECTING A LIEN FOR PAST-DUE CHILD SUPPORT IN AN AMOUNT EQUAL TO OR GREATER THAN $2,500; TO ADD SECTION 20-7-92, SO AS TO REQUIRE THE COURT TO ORDER TEMPORARY PAYMENT OF CHILD SUPPORT PENDING A JUDICIAL DETERMINATION OF PATERNITY UNDER CERTAIN CONDITIONS; TO ADD SECTION 20-7-855, SO AS TO PROVIDE THAT COPIES OF BILLS FOR TESTING FOR PARENTAGE AND PRENATAL AND POSTNATAL HEALTH CARE ARE PRIMA FACIE EVIDENCE IN PATERNITY ACTIONS FOR EXPENSES INCURRED; TO ADD SECTION 20-7-958 SO AS TO PROVIDE THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CREATES A LEGAL FINDING OF PATERNITY; TO AMEND SECTION 20-7-956 RELATING TO ADMISSIBILITY OF EVIDENCE IN PATERNITY ACTIONS SO AS TO PROVIDE THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CREATES A CONCLUSIVE PRESUMPTION OF PATERNITY; TO AMEND SECTION 44-63-163 RELATING TO BIRTH CERTIFICATES SUBSEQUENT TO A PATERNITY DETERMINATION SO AS TO PROVIDE THAT THE CHANGE ALSO MAY BE MADE UPON A DETERMINATION MADE BY AN ADMINISTRATIVE AGENCY; TO ADD SECTIONS 20-7-1124, 20-7-1126, 20-7-1127, 20-7-1128, 20-7-1129, 20-7-1153, 20-7-1155; TO AMEND SECTIONS 20-7-965, AS AMENDED, 20-7-1010, AS AMENDED, 20-7-1040, 20-7-1100, 20-7-1125, 20-7-1152, AND 20-7-1154, ALL RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO CONFORM THIS ACT TO THE ACT AS REVISED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO INCOME WITHHOLDING SO AS TO REVISE DEFINITIONS AND TO REVISE CONDITIONS UNDER WHICH INCOME WITHHOLDING IS IN EFFECT; TO ADD SECTION 20-7-9570; TO AMEND SECTIONS 20-7-9505, AS AMENDED, AND 20-7-9510, RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ADMINISTRATIVELY CHANGE A GOVERNMENTAL PAYEE WHEN THE CHILD SUPPORT CASE IS SUBJECT TO ASSIGNMENT OR REQUIRED TO BE PAID THROUGH A GOVERNMENTAL ENTITY AND TO REVISE DEFINITIONS; TO ADD SECTION 20-7-856 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO REMIT TO THE FEDERAL GOVERNMENT ITS SHARE OF FINES COLLECTED FOR FAILING TO COMPLY WITH SUBPOENAS AND CERTAIN CHILD SUPPORT ENFORCEMENT REQUIREMENTS; TO ADD SECTION 20-7-9575 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE ADMINISTRATIVE SUBPOENAS; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT SO AS TO AUTHORIZE THE COURT TO ENFORCE ADMINISTRATIVE SUBPOENAS ISSUED BY THE DEPARTMENT; TO AMEND SECTION 27-23-10 RELATING TO VOIDING CONVEYANCES MADE TO DEFRAUD CREDITORS SO AS TO PROVIDE CONDITIONS UNDER WHICH A REBUTTABLE PRESUMPTION IS CREATED THAT A CHILD SUPPORT DEBTOR INTENDED TO TRANSFER INCOME OR PROPERTY TO AVOID PAYMENT TO A CHILD SUPPORT CREDITOR; TO ADD SECTIONS 43-5-595, 43-5-596, AND 43-5-597; AND TO AMEND SECTION 41-29-170, AS AMENDED, SECTION 43-5-590, AS AMENDED, RELATING TO INFORMATION TO BE PROVIDED BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO THE DEPARTMENT OF SOCIAL SERVICES AND RELATING TO THE DEPARTMENT'S DUTIES RELATIVE TO THE STATE CHILD SUPPORT PLAN, SO AS TO CLARIFY EMPLOYERS WHO MUST PROVIDE INFORMATION TO THE DEPARTMENT FOR THE PURPOSE OF THE ESTABLISHMENT OF PATERNITY OR THE ESTABLISHMENT, NOTIFICATION, OR ENFORCEMENT OF A SUPPORT OBLIGATION, TO REQUIRE UTILITY COMPANIES AND FINANCIAL INSTITUTIONS TO PROVIDE INFORMATION ON ITS CUSTOMERS FOR SUCH PURPOSES, TO PROVIDE IMMUNITY FROM LIABILITY FOR DISCLOSURE OF SUCH INFORMATION AND TO SPECIFY INFORMATION THE EMPLOYMENT SECURITY COMMISSION MUST PROVIDE; TO ADD SECTION 43-5-598 SO AS TO REQUIRE EMPLOYEES TO REPORT INFORMATION TO THE DEPARTMENT ON EMPLOYEES WHO ARE NEWLY HIRED; TO AMEND SECTION 43-5-610 RELATING TO THE CENTRAL REGISTRY OF RECORDS MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES SO AS TO REVISE THE INFORMATION TO BE MAINTAINED AND TO WHOM INFORMATION MAY BE RELEASED; AND TO REPEAL SECTION 43-5-222 RELATING TO THE PORTION OF CHILD SUPPORT PAYMENTS TO BE PAID TO WELFARE RECIPIENTS.
Rep. BOAN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 483 (Word version) -- Senators Fair and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-635 SO AS TO PROVIDE THAT A PERSON ASSAULTING AN EMERGENCY MEDICAL SERVICE WORKER OR A FIREMAN PERFORMING HIS PROFESSIONAL DUTIES IS GUILTY OF A MISDEMEANOR AND TO PROVIDE PENALTIES.
Rep. CROMER proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9163CM.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-630. (A) As used in this section:
(1) 'Emergency medical service provider' means an individual or employee of a healthcare provider who provides medical or health care services in the course of his employment or training which includes, but is not limited to, emergency physicians, nurses, emergency medical technicians, paramedics, members of rescue squads, and anyone directed by these individuals.
(2) 'Firefighter' means an employee of a town, city, county, or state fire service including, but not limited to firefighters, volunteer firefighters, fire investigators, fire inspectors, and any one directed by these individuals.
(3) 'Home healthcare worker' means an individual who provides healthcare in a home under the direction of a medical professional, county or state public health agency, or medical facility.
(B) A person is guilty of the felony of assault of an emergency medical service provider, firefighter, or home healthcare worker and, upon conviction, must be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned not more than ten years, or both, if he:
(1) causes physical injury to a person listed in subsection (A);
(2) knowingly or wilfully resists or obstructs by doing violence to a person listed in subsection (A) in the lawful discharge of the person's official duties;
(3) uses a deadly weapon or dangerous instrument or points the instrument toward a person listed in subsection (A) with intent to cause bodily harm; or
(4) commits assault knowing or having reason to know that the victim is a person listed in subsection (A) performing his professional duties.
(C) If any provision of this section or the application of this section to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this statute which can be given effect without the invalid provision or application, and to this end the provisions of this statute are severable."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. CROMER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. CROMER, with unanimous consent, it was ordered that S. 483 (Word version) be read the third time tomorrow.
The following Bill was taken up. S. 634 (Word version) -- Senators Thomas and Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-7-6890, 20-7-6895, 20-7-6900, AND 20-7-6905, SO AS TO ESTABLISH THE YOUTH INDUSTRIES PROGRAM WITHIN THE DEPARTMENT OF JUVENILE JUSTICE AUTHORIZING THE DEPARTMENT TO CONTRACT WITH PRIVATE INDUSTRIES TO PROVIDE SERVICES RELATIVE TO PACKAGING, MANUFACTURING, AND PROCESSING GOODS AND TO ESTABLISH THE MANUFACTURING AND PROCESSING OF GOODS FOR STATE ENTITIES AND TO MAKE IT UNLAWFUL IN THIS STATE TO SELL GOODS MADE BY JUVENILE OFFENDERS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 20-7-7815, RELATING TO THE PROHIBITION AGAINST COMMITTING TO THE DEPARTMENT OF JUVENILE JUSTICE A PERSON WHO IS SERIOUSLY HANDICAPPED BY MENTAL ILLNESS OR MENTAL RETARDATION, SO AS TO CHANGE THE REFERENCE FROM "PERSON" TO "JUVENILE" AND TO REQUIRE THE CONSENT OF THE JUVENILE PAROLE BOARD WHEN AN AGENCY TO WHICH A JUVENILE HAS BEEN COMMITTED SEEKS TO RELEASE THE CHILD; TO AMEND SECTION 20-7-8305, RELATING TO THE BOARD OF JUVENILE PAROLE, SO AS TO DELETE THE PROVISION THAT A JUVENILE HAS THE RIGHT TO APPEAR PERSONALLY BEFORE THE BOARD EVERY THREE MONTHS AND INSTEAD AUTHORIZE THE BOARD TO CONDUCT PAROLE HEARINGS BY TWO-WAY CLOSED CIRCUIT TELEVISION.
Rep. HASKINS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up. H. 3874 (Word version) -- Reps. Campsen, Young and Woodrum: A BILL TO AMEND SECTION 16-11-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR TRESPASS AGAINST REAL PROPERTY, AND SECTION 15-67-610, RELATING TO CIVIL REMEDIES FOR TRESPASS AGAINST REAL PROPERTY, SO AS TO EXEMPT THE OWNER OR LESSEE OF CERTAIN LAND FROM CRIMINAL AND CIVIL LIABILITY WHEN HIS ENTRY ONTO ANOTHER'S LAND IS NECESSARY FOR IMPROVEMENTS, REPAIRS, OR MAINTENANCE, UNDER CERTAIN CIRCUMSTANCES.
Rep. YOUNG made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. EASTERDAY withdrew his request for debate on the following Bill whereupon objections were raised by Reps. TRIPP, LOFTIS and LEACH.
H. 3690 (Word version) -- Rep. Askins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-640 SO AS TO PROVIDE THAT CANINES CERTIFIED TO WORK WITH LAW ENFORCEMENT OFFICERS OR FIRE SERVICE PERSONNEL FOR THE PURPOSE OF FIRE INVESTIGATIONS, TRAINING, OR OTHER RELATED MATTERS MUST BE PERMITTED TO STAY OVERNIGHT WITH THESE OFFICIALS WHEN THEY ARE STAYING IN A PLACE OF PUBLIC ACCOMMODATIONS ON OFFICIAL BUSINESS AND TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS.
Reps. HASKINS and ROBINSON withdrew their requests for debate on S. 340 (Word version); however, other requests for debate remained upon the Bill.
Upon the withdrawal of requests for debate by Reps. HASKINS, ROBINSON, SEITHEL, SIMRILL and LIMEHOUSE the following Bill was taken up. S. 594 (Word version) -- Senator Ryberg: A BILL TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BICYCLISTS, BY ADDING SECTION 56-5-3510, SO AS TO AUTHORIZE AN AUTHORIZED POLICE PATROL BICYCLE USED AS A PART OF A POLICE BICYCLE PATROL TO EXERCISE THE PRIVILEGES OF AN EMERGENCY VEHICLE, TO AUTHORIZE THE BICYCLE TO BE EQUIPPED WITH A SIREN OR THE OFFICER TO USE A WHISTLE, OR BOTH, AND TO AUTHORIZE THE BICYCLE TO ACT AS AN ACTING EMERGENCY VEHICLE IF IT MAKES USE OF AN AUTHORIZED AUDIBLE SIGNAL OR AUTHORIZED VISUAL SIGNALS; AND TO AMEND SECTION 56-5-3480, RELATING TO THE PROHIBITION ON THE USE OF SIRENS AND WHISTLES ON BICYCLES, SO AS TO EXEMPT AUTHORIZED POLICE PATROL BICYCLES FROM THIS PROHIBITION.
Rep. WALKER proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15251CM.97), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _____. Article 27, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-3515. (A) An authorized police patrol horse used as a part of a police horse patrol may exercise the privileges of an emergency vehicle provided in Section 56-5-760.
(B) An authorized police patrol horse may be equipped with a siren or the officer may utilize a whistle in the performance of his duties, or both.
(C) Notwithstanding the provisions of Section 56-5-760(C), an authorized police patrol horse acting as an emergency vehicle is entitled to the exemptions of an authorized emergency vehicle if it makes use of an audible signal meeting the requirements of Section 56-5-4970 or visual signals meeting the requirements of Section 56-5-4700."/
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. STUART spoke against the amendment.
Rep. STUART raised the Point of Order that Amendment No. 1 was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled it out of order.
Rep. STUART explained the Bill.
Rep. MOODY-LAWRENCE requested debate on the Bill.
Rep. HAWKINS moved to reconsider the vote whereby the following Bill was tabled.
H. 3995 (Word version) -- Reps. Lanford, Lee, Mack, T. Brown, Kennedy, Trotter, Knotts, M. Hines, Stuart, Miller, Battle, D. Smith, Spearman, Seithel, J. Hines, Bauer, F. Smith and Riser: A BILL TO AMEND SECTION 53-1-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF A COUNTY FROM THE SUNDAY CLOSING (BLUE) LAWS BASED ON ACCOMMODATIONS TAX REVENUES IN THE COUNTY, SO AS TO LOWER THE EXEMPTION THRESHHOLD FROM NINE HUNDRED THOUSAND DOLLARS IN A FISCAL YEAR TO FOUR HUNDRED FIFTY THOUSAND DOLLARS.
Rep. YOUNG moved to table the motion to reconsider.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Baxley Beck Brown, G. Brown, J. Byrd Campsen Cato Cave Cooper Davenport Delleney Easterday Fleming Gamble Gourdine Hamilton Haskins Hawkins Hines, J. Jordan Kirsh Koon Leach Lee Limbaugh Littlejohn Loftis Maddox Martin McCraw McMahand Moody-Lawrence Neilson Pinckney Robinson Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Townsend Tripp Vaughn Walker Webb Wilkins Woodrum Young
Those who voted in the negative are:
Battle Bauer Boan Bowers Brown, H. Brown, T. Carnell Chellis Clyburn Cotty Cromer Dantzler Edge Harrell Harrison Harvin Hines, M. Hinson Hodges Keegan Kelley Kennedy Kinon Knotts Lanford Law Limehouse Lloyd Mack McLeod Miller Mullen Neal Parks Quinn Rhoad Riser Rodgers Scott Seithel Smith, F. Smith, J. Stoddard Stuart Whatley Whipper Wilder Wilkes Witherspoon Young-Brickell
So, the motion to reconsider was tabled.
Rep. WALKER asked unanimous consent to recall H. 3297 (Word version) from the Committee on Ways and Means.
Rep. H. BROWN objected.
Rep. RHOAD asked unanimous consent to recall S. 23 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SCOTT objected.
Rep. SIMRILL asked unanimous consent to recall H. 3276 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
Rep. HARRELL asked unanimous consent to recall S. 329 (Word version) from the Committee on Ways and Means.
Rep. MOODY-LAWRENCE objected.
The Senate amendments to the following Bill were taken up for consideration.
Rep. H. BROWN proposed the following Amendment No. 4A (Doc Name P:\AMEND\JIC\6121HTC.97), which was adopted.
Amend the bill, as and if amended, by striking Parts I and II and inserting Parts I and II as passed by the House, which are incorporated by reference into the bill.
Amend further, by striking PART III and inserting:
TO MAKE SUPPLEMENTAL APPROPRIATIONS OF SURPLUS FISCAL YEAR 1996-97 GENERAL FUND REVENUES AND TO AMEND SECTION 12-43-350 OF THE 1976 CODE, RELATING TO THE STANDARDIZED PROPERTY TAX BILL, SO AS TO REVISE THE STANDARDIZED REQUIREMENTS AND MAKE THEM APPLICABLE TO BILLS FOR TAXES DUE ON REAL PROPERTY.
SECTION 1. The sources of general fund surplus revenues appropriated in this Part are as follows:
(1) Fiscal year 1996-97
BEA estimated surplus $89,929,045
(2) Fiscal year 1996-99
setaside pursuant to Section
11-11-140 52,422,258
(3) Citadel lapse funds 2,960,000
Total, all sources $145,311,303
SECTION 2. The following sums are appropriated from the general fund of the State to supplement appropriations made for the expenses of
state government in the annual general appropriations act for fiscal year 1997-98 to the extent that unobligated surplus revenues are available:
(1) General Reserve Trust
Fund Transfer July 1997
Contribution 3,373,537
(2) Property Tax Relief
Fund Transfer 23,484,085
(3) Debt Service -
Nonrecurring Payment 1,551,784
(3.1) Pursuant to the provisions of Article X, Section 13 of the South Carolina Constitution, and notwithstanding any other provision of law, the funds provided herein are to be used for debt service costs.
(4) Aid to Subdivisions -
State Treasurer
Local Government Fund 21,812,494
(5) Aid to Subdivisions -
Comptroller General
Property Tax Bill Counties 250,000
(5.1) The Department of Revenue shall use the funds provided to assist local governments in implementing the uniform property tax bill format requirements provided in Section 12-43-350 of the 1976 Code as amended in this Part.
(6) Department of Education
(a) Bus Shop Parts & Gas 1,923,000
(b) Hold Harmless -
Fringe Equity 8,500,000
(c) Instructional
Materials 8,627,354
(7) Governor's Office -
Governor's School for
the Arts Operations 600,000
(8) Commission on
Higher Education
Performance Funding 4,625,000
(9) Technical and
Comp. Education
TEC Special Schools 5,000,000
(10) Commission on
Higher Education -
SC Alliance for Minority
Participation (SCAMP) 600,000
(11) USC Columbia -
Institute of Public Affairs 500,000
(12) Commission on Higher
Education - Experimental
Prog. To Stimulate
Research (EPSCOR) 2,500,000
(13) Dept. of Health
and Human Services
(a) Medicaid Client
Growth 9,387,281
(b) Nursing Home
Cost Rebase 5,000,000
(c) Additional nursing
home beds 2,000,000
(d) Dept. Of Mental Health
Patient Fee Account 1,000,000
(14) Department of
Disabilities and Special
Needs
State match change
for Medicaid funding 1,174,000
(15) Department of Alcohol and Other Drug Abuse Services -
Continue the Bridge
treatment program 300,000
(16) Department of Social
Services
(a) Annualization of
emotionally disturbed
program 12,000,000
(b) Increase funding
for adoptive assistance/
foster care 3,000,000
(17) Department of Archives
and History
SC History Center
Relocation 268,240
(18) Clemson PSA
Agri systems
productivity and
profitability 2,000,000
(19) Department of Archives
and History
(a) National Reg. Site -
Films on Internet 29,000
(b) Microfilming
historical county records 75,000
(20) State Library - Library
services 6,500
(21) Arts Commission
(a) Strategic Arts
Partnerships 110,000
(b) Rural Art Program
Development 20,000
(21.1) Of the funds appropriated in this item, $20,000 must be expended to assist the Williamsburg County Arts Council in developing cultural programs.
(22) Department of Archives
and History
Matching funds for
federal grants 50,000
(23) Clemson PSA
Flax production
and Plant pest survey 100,000
(24) Department of
Natural Resources
(a) Agency-wide
maintenance 175,000
(b) Water Resources:
aquatic plant management
program 500,000
(c) Heritage Trust 100,000
(25) Department of Parks,
Recreation and Tourism -
US Youth Games 25,000
(25.1) Of the funds appropriated in this item, $25,000 is allocated to reimburse the US Youth Games for expenses incurred for activities held in this State.
(26) Department of Commerce
(a) Exchange rate
shortfall 264,000
(b) Advertising and
marketing 200,000
(27) Judicial Department -
Equipment 171,000
(28) Department of
Corrections - Operating costs
4 facilities 1,092,950
(29) Department of Probation,
Parole and Pardon
Services - Restitution Act 109,600
(30) Department of Juvenile
Justice
CCA/Relocate
400 juveniles 5,000,000
(31) Governor's Office-
SLED/DNA Grants 110,000
(32) Attorney General
(a) Medicaid Fraud Unit 39,316
(b) Violence Against
Women Act 45,849
(c) Hate Crime Unit 5,703
(33) Office of Appellate
Defense
(a) Administration
(personnel) 10,000
(b) Administration
(operating) 330,000
(34) Commission on Indigent
Defense
(a) Maintaining standards
(personnel) 1,500
(b) Maintaining standards
(local level funding) 471,284
(35) Department of Public
Safety
Auto Insurance
Enforcement 1,602,403
(35.1) The amount appropriated in this item for the Auto Insurance Enforcement Program must be used to provide for the costs of enforcing and administering the provisions of Article 3, Chapter 10, Title 56 of the 1976 Code. These funds must be used to support the twenty-five officers dedicated to the insurance requirements relating to motor vehicle registration and may not be transferred or used for any other purpose.
(36) Judicial Department
Division of Finance -
Equipment 18,000
(37) Department of
Corrections
(a) Medical contract
costs 780,000
(b) Substance abuse
facility 650,375
(c) Operating expenses -
Institutional Maint. 284,150
(38) Judicial Department
(a) Court of
Appeals - Bailiff - furnishings 8,000
(b) Court of Appeals
(2 attorneys furnishing/
automation) 16,000
(39) Department of Juvenile
Justice
(a) Assessment/
classification - operating 304,488
(b) Medical Services/CCA 179,158
(c) Attorney fees 763,000
(d) Programs and services 2,095,311
(40) House of Representatives
Southern Legislative
Conference 125,000
(40.1) Funds appropriated in the amount of $125,000 for the annual meeting of the Southern Legislative Conference lapse to the general fund if this State is not selected as the 1998 host state.
(41) Adjutant General
Matching Funds -
Emerg. Prep. 250,000
(41.1) Funds appropriated in this item to the Adjutant General for Emergency Preparedness for the potential loss of federal funds lapse to the general fund if federal funds are received.
(42) Budget and Control Board - Executive Director
(a) Statewide Performance
Audit 400,000
(b) SC Prepaid Tuition Plan 400,000
(42.1) Part VI, Section 2 of Act 458 of 1996 created a Performance Audit Steering Committee which was directed to retain independent contractors to conduct performance audits in all aspects of state government. For fiscal year 1997-98, the Performance Audit Steering Committee may direct agencies audited under this directive to pay up to one-half of the cost of the audit. No state agency with an appropriation of less than $2,500,000 in state general funds is required to pay any cost of the audit.
(43) Budget and Control Board - Operations
(a) Local Government
Grants 2,500,000
(b) Infrastructure
Revolving Loan Fund 4,250,000
(44) Budget and Control
Board -Employee Benefits
Health & Dental
Premiums - Retiree Growth 1,540,000
(45) Budget and
Control Board - Executive
Director
Hurricane Fran
Federal Match 625,000
Total Supplemental
Appropriations 145,309,362
SECTION 3. A. Section 12-43-350 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
"Section 12-43-350. Affected political subdivisions must use a tax bill for real property which must contain contains standard information and include the following as follows:
(1) name and address of owner;
(2) tax map number;
(3) location of property;
(4) appraised value;
(5) assessed value;
(6) assessed ratio;
(7) millage for each tax district;
(8) receipt number;
(9) total tax liability for current year;
(10) state property tax relief benefit (savings);
(11) local option sales tax credit.
(1) tax year;
(2) tax map number;
(3) property location;
(4) appraised value, taxable;
(5) tax amount;
(6) state homestead tax exemption, if applicable;
(7) state property tax relief, if applicable;
(8) local option sales tax credit, if applicable;
(9) any applicable fees;
(10) total tax due;
(11) tax due with penalties and applicable dates;
(12) prior year amount paid-only required to be shown if assessment is unchanged from prior year, except during reassessment years, in which case all properties must show the prior year tax amount.
The information required pursuant to this section must be contained in a 'boxed' area measuring at least three inches square placed on the right side of the tax bill."
B. This section takes effect January 1, 1998, and first applies for real property tax bills for property tax year 1998.
SECTION 4. The appropriations in Section 2 of this Part are listed in priority order beginning with item (1) and each separate appropriation item or subitem must be fully funded before the next item or subitem in order is paid. Unexpended funds appropriated pursuant to this Part may be carried forward to succeeding fiscal years and expended for the same purposes.
SECTION 5. Except as otherwise stated this Part takes effect upon approval by the Governor, but no appropriation in Section 2 may be paid until thirty days after the Comptroller General closes the state's books on fiscal year 1996-97./
Renumber sections to conform.
Amend totals and title to conform.
Rep. H. BROWN explained the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. H. BROWN spoke in favor of the amendment.
Rep. SHEHEEN moved to divide the question.
Rep. HARRELL moved to table the motion.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Bauer Beck Boan Brown, H. Campsen Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Easterday Edge Fleming Gamble Harrell Harrison Harvin Haskins Hawkins Hinson Jordan Keegan Kelley Kinon Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Loftis Martin McMaster Mullen Quinn Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stoddard Townsend Tripp Vaughn Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Battle Baxley Bowers Breeland Brown, G. Brown, T. Canty Cave Cobb-Hunter Cromer Delleney Gourdine Govan Hamilton Hines, J. Hines, M. Hodges Howard Jennings Kennedy Kirsh Littlejohn Lloyd Mack Maddox McCraw McLeod McMahand Miller Moody-Lawrence Neal Neilson Parks Pinckney Rhoad Scott Sheheen Smith, F. Smith, J. Stille Stuart Walker Whipper Wilder Wilkes
So, the motion to divide the question was tabled.
The amendment was then adopted.
Rep. EASTERDAY proposed the following Amendment No. 9A (Doc Name P:\AMEND\JIC\6110HTC.97), which was adopted.
Amend the bill, as and if amended, PART iii, by adding an appropriately numbered SECTION to read:
/SECTION ___. Fiscal year 1996-97 surplus general fund revenues in excess of those identified in this Part must be used as provided in this section. After a review of interest rates, the State Treasurer shall make recommendations to the Joint Bond Review Committee on savings that could be obtained by using the surplus to accelerate the repayment of outstanding capital improvement bonds and by paying cash for projects for which bonds have been authorized but not issued. The committee shall review the recommendations and adopt a plan incorporating the recommendations it determines best able to achieve maximum savings and forward the plan to the State Budget and Control Board which shall proceed to implement the plan. For purposes of this implementation, the surplus revenues are deemed to be appropriated for this purpose./
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. EASTERDAY spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. EASTERDAY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Brown, H. Brown, J. Canty Carnell Dantzler Gourdine Govan Harrell Harvin Hinson Keegan Kelley Kennedy Law Limehouse Mack Parks Riser Scott Webb
Those who voted in the negative are:
Allison Barrett Battle Bauer Baxley Beck Bowers Brown, G. Brown, T. Campsen Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Davenport Delleney Easterday Edge Gamble Hamilton Harrison Haskins Hines, J. Hines, M. Hodges Howard Jennings Jordan Kinon Kirsh Knotts Koon Lanford Leach Lee Limbaugh Littlejohn Lloyd Loftis Maddox Martin McCraw McLeod McMahand McMaster Miller Moody-Lawrence Mullen Neal Neilson Quinn Rhoad Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stoddard Stuart Townsend Tripp Vaughn Walker Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
I was temporarily out of the room when Amendment 9A came to a vote. Had I been present I would have voted for this amendment.
Rep. RONALD N. FLEMING
Rep. STUART proposed the following Amendment No. 5A (Doc Name P:\AMEND\GJK\20741SD.97), which was ruled out of order.
Amend the bill, as and if amended, PART 1B, SECTION 18A, PARAGRAPH 18A.26, by adding at the end:
/Notwithstanding any other provision of this act or of law:
(1) For the fiscal year 1997-98, the independent colleges allocation for Palmetto Fellows Scholarships shall be added to the Palmetto Fellows Scholarship allocation of the public institutions. The Palmetto Fellows Scholarship Program of the Commission on Higher Education shall then make the total of such funds available through Palmetto Fellows Scholarships to qualified students who are selected to receive such scholarships and who may then decide to use these scholarships to attend either public or independent institutions of their choice in this State.
(2) For fiscal year 1997-98, in addition to the public and independent colleges participating in the Palmetto Fellows Scholarship Program, all two-year institutions of higher education accredited by the Southern Association of Colleges and Secondary Schools and all technical colleges of this State also are eligible to participate in the program./
Renumber sections to conform.
Amend totals and title to conform.
Rep. STUART explained the amendment.
Rep. COBB-HUNTER raised the Point of Order that Amendment No. 5A was not germane to the Bill.
Rep. STUART argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. EASTERDAY proposed the following Amendment No. 3A (Doc Name G:\H-MEMBER\B21\3400.10), which was adopted:
Amend Part II, permanent provisos by adding a new section at the end to read as follows:
Any surplus over the amount certified by the Board of Economic Advisers by March 30 of each year shall be expended for the purpose of defraying the issuance of bonds for projects authorized by the General Assembly in its Biennial Bond Bill or for the redemption of bonds already issued.
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 3402 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1996-97.
Rep. H. BROWN proposed the following Amendment No. 1A (Doc Name P:\AMEND\JIC\6104HTC.97), which was adopted.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1996-97 the following amounts:
(1) Catawba Indian
Settlement (5 of 5) $ 2,500,000
(2) Debt Service
Nonrecurring Payment 23,000,000
(2.1) Pursuant to the provisions of Article X, Section 13 of the South Carolina Constitution, and notwithstanding any other provision of law, the funds provided herein are to be used for debt service costs.
(3) Election Commission
(a) 1997 Special
Elections (Reapportionment) 250,000
(b) 1998 Statewide
Primaries 1,800,000
(4) Department of
Education
(a) EFA 95-96
Shortfall Reimbursement 1,800,000
(b) Instructional
Materials 4,975,597
(c) C. R. Neal -
One Time Grant 200,000
(4.1) One-time grant for the C.R. Neal Learning Center to allow the Program to complete the 96-97 school year.
(5) Governor's School
for the Arts
Furniture and Equipment 400,000
(6) School for the
Deaf & Blind
(a) Fire safety system 687,000
(b) Update equipment
and facilities 498,200
(7) State Budget and
Control Board
Operations-
Statehouse Renovation-
Completion 5,000,000
(7.1) All proceeds from the sale of furnishings from the State House must be used to offset the cost of replacement furnishings. Specifically the proceeds from the sale of members' desks and chairs must be used to offset the cost of like items.
(8) Department of Archives
and History
South Carolina
History Center 5,600,000
(9) Commission on
Higher Education -
Nonrecurring
Formula-Parity 18,375,000
(10) Department of
Public Safety
(a) Troopers-Bulletproof
vest 400,000
(b) DMV Computer
upgrade 3,000,000
(c) License plate
replacement 1,100,000
(11) Clemson
University-Calhoun Mansion 1,800,000
(12) University of
South Carolina
(a) Columbia-Arena 2,500,000
(b) Columbia-Law Library 400,000
(13) Winthrop University
Sims Science Building 1,000,000
(14) Technical and
Comprehensive Education
Equipment 2,000,000
(15) Department of
Health and Environmental
Control
Immunization/vaccines 2,100,000
(16) Department of
Mental Health
New drug program 1,000,000
(17) Department of Archives
and History
South Carolina
History Center relocation 104,000
(18) State Library
(a) Ware Shoals library 100,000
(b) Williamsburg County
library 100,000
(19) Arts Commission -
Mobile Arts Van 60,000
(20) Department of
Health and Environmental
Control-EQC-Beach
renourishment 2,000,000
(20.1) Beach renourishment projects selected by DHEC and sponsored by an entity other than a state agency must have a one hundred percent nonstate match. The Beach Renourishment at Folly Beach shall be considered by the Dept. of Health & Environmental Control. A report of the consideration given, projects selected and criteria used for all projects shall be provided to the House Ways & Means Committee and the Senate Finance Committee.
(21) Forestry Commission
Field office
computer equipment 50,000
(22) Department of
Agriculture
(a) Install local
area network 34,000
(b) Consumer services:
vehicles and equipment 75,000
(c) Farmers Market 75,000
(23) Clemson PSA
Long Leadership Center 500,000
(24) Department of Natural Resources
(a) Law Enforcement:
Vehicles 150,000
(b) Rural water access
construction 100,000
(25) Human Affairs Commission
Install local area network 63,500
(26) Department of Labor,
Licensing and
Regulation-Fallen
Firefighter Memorial 50,000
(27) Department of Revenue
(a) Integrated Print
Management System 405,000
(b) Improved Database
Research 110,000
(28) State Ethics Commission
Electronic Filing Software
and Training 8,500
(29) Higher Ed. Physical Therapy Consortium - 3rd and
final year of 3 year match 300,000
Total,
Capital Reserve Fund
Appropriation $84,670,797
SECTION 2. This joint resolution takes effect thirty days after the completion of the 1996-97 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code./
Amend totals and title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Joint Resolution ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 3694 (Word version) -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.
Rep. ROBINSON made the Point of Order that the Senate amendments were improperly before the House for consideration since the Senate amendments have not been printed in the House Calendar at least one statewide legislative day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 559 (Word version) -- Senators Setzler and Bryan: A BILL TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTENT AND GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS, SO AS TO FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES; SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES; SECTION 59-26-30, AS AMENDED, RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH TEACHERS ARE ASSISTED, CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL SECTION 59-26-80 RELATING TO THE EDUCATION ENTRANCE EXAMINATION.
The following Bills were taken up, read the third time, and ordered sent to the Senate. H. 3526 (Word version) -- Reps. Fleming, Barfield, Koon, Barrett, Altman, Chellis, Allison, Rodgers, Simrill, Young, Seithel, McKay, Sandifer, Maddox, Woodrum, Hinson, Knotts, Cotty, Cooper, Whatley, Witherspoon, Stuart, Kelley, Limbaugh, R. Smith, Cromer, Robinson, Rice, Law, Hawkins, Walker, Sharpe, D. Smith, Harrell, Harrison, Webb, Phillips, McMaster, Tripp, Riser, Klauber, Quinn, Meacham, Stille, Bauer, Haskins, Battle and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-145 SO AS TO PROVIDE THAT MEDICALLY-ABLED INMATES SENTENCED TO A DEPARTMENT OF CORRECTIONS FACILITY MUST BE ASSIGNED TO A CHAIN GANG TO MAINTAIN STATE PROPERTY AND TO PROVIDE THAT MEDICALLY-ABLED INMATES WHO REFUSE TO BE ASSIGNED TO WORK ON A CHAIN GANG MUST BE PLACED IN SOLITARY CONFINEMENT; TO AMEND SECTION 57-17-620, RELATING TO A COUNTY'S USE OF CHAIN GANGS, SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MUST USE CHAIN GANGS TO WORK HIGHWAYS, AND TO PROVIDE THAT MEDICALLY-ABLED INMATES WHO REFUSE TO WORK ON A CHAIN GANG MUST BE PLACED IN SOLITARY CONFINEMENT.
H. 4042 (Word version) -- Reps. Jennings and Boan: A BILL TO AMEND SECTION 16-23-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OF UNLAWFULLY POINTING OR PRESENTING A FIREARM AT ANOTHER PERSON, SO AS TO INCREASE THE PENALTIES FOR VIOLATION WHERE THE PERSON AT WHOM THE FIREARM IS POINTED IS A LAW ENFORCEMENT OFFICER ACTING IN THE LINE OF DUTY WHICH SHALL INCLUDE A MANDATORY MINIMUM TERM OF IMPRISONMENT OF NOT LESS THAN TEN YEARS NOR MORE THAN THIRTY YEARS, NO PART OF WHICH MAY BE SUSPENDED, PROBATION FOR WHICH MAY NOT BE GRANTED FOR ANY PORTION, AND FOR WHICH A PERSON IS NOT ELIGIBLE FOR PAROLE UNTIL HE HAS SERVED AT LEAST SEVEN YEARS OF HIS SENTENCE.
H. 3847 (Word version) -- Reps. Meacham and Kirsh: A BILL TO AMEND SECTION 39-55-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM ACREAGE OF LAND REQUIRED FOR USE AS A CEMETERY, SO AS TO PROVIDE AN EXCEPTION.
The following Bill was taken up.
S. 207 (Word version) -- Senators Hayes, Short, Gregory, Thomas, Martin, Russell, Fair, Holland, Lander, Drummond, J. Verne Smith, Wilson, Ryberg and Moore: A BILL TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT REGULATION OF THESE MACHINES, INCLUDING THEIR PROHIBITION, PURSUANT TO THE VIDEO GAMES MACHINES ACT AND ITS COUNTY OPTION PROVISIONS; TO AMEND SECTION 12-21-2791, RELATING TO LIMITATIONS ON PAYOUTS ON MACHINES AS DEFINED UNDER THE VIDEO GAMES MACHINES ACT, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS AND CLARIFY THAT THIS PROVISION IS DIRECTED AT A PERSON; TO AMEND SECTION 12-21-2804, RELATING TO REGULATION OF VIDEO MACHINES, SO AS TO PROVIDE CIVIL PENALTIES FOR MACHINES LOCATED IN COUNTIES WHERE PAYOUTS ARE PROHIBITED, INCLUDING MONETARY PENALTIES, LICENSE REVOCATION, AND SEIZURE OF MACHINES, PROVIDE FOR THESE PENALTIES TO APPLY IMMEDIATELY AND PROVIDE THE SOLE REMEDY FOR THESE PENALTIES; TO AMEND SECTION 12-21-2808, RELATING TO REFERENDUMS ALLOWED IN COUNTIES ON CONTINUING OR PROHIBITING CASH PAYOUTS, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS, DELETE OBSOLETE PROVISIONS, AND MAKE OTHER TECHNICAL REVISIONS; TO AMEND SECTION 12-21-2809, RELATING TO THE PROHIBITIONS ON LICENSING AND LOCATING MACHINES IN NONPAYOUT COUNTIES, SO AS TO DELETE CRIMINAL PENALTIES FOR VIOLATIONS AND SUBJECT VIOLATORS TO THE CIVIL PENALTIES PROVIDED BY THIS ACT AND TO PROVIDE THAT THE PENALTY EXTENDS TO OWNING OR POSSESSING THESE MACHINES; TO PROVIDE THAT COUNTIES IN WHICH A MAJORITY "NO" VOTE WAS CERTIFIED IN THE REFERENDUM PROVIDED PURSUANT TO SECTION 12-21-2806 ARE DEEMED TO HAVE MADE THAT CHOICE PURSUANT TO SECTION 12-21-2808, AS AMENDED BY THIS ACT, WITH AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE PRORATED REFUNDS FOR MACHINES LICENSED IN SUCH COUNTIES; AND TO REPEAL SECTION 12-21-2806, RELATING TO THE INITIAL REFERENDUM ON CONTINUING CASH PAYOUTS.
Rep. HARRISON moved to adjourn debate upon the Bill until Wednesday, May 21.
Rep. SIMRILL moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate, which was agreed to.
Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4159 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION EXPRESSING THE BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE MEMBERS OF THE BEECH ISLAND HISTORICAL SOCIETY AS THIS GROUP OBSERVES ON MAY 24, 1997, THE ELEVENTH ANNUAL BEECH ISLAND HERITAGE DAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee: H. 4160 (Word version) -- Reps. Fleming, Sharpe, Neilson, Baxley, J. Hines, Inabinett, Phillips, Hawkins, Littlejohn, Lee, Mullen, Rodgers, M. Hines, D. Smith, McCraw, Neal, Davenport, Allison, Walker, Wilder, Canty, Lloyd and Jennings: A BILL TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRICTS FROM WHICH MEMBERS OF THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION ARE ELECTED, SO AS TO PROVIDE THAT ALL COUNTIES WITHIN A DEPARTMENT OF TRANSPORTATION DISTRICT MUST HAVE A RESIDENT COMMISSION MEMBER BEFORE ANY OTHER COUNTY IN THAT DISTRICT MAY HAVE A RESIDENT COMMISSION MEMBER FOR A SECOND OR SUBSEQUENT TIME WITHOUT EACH COUNTY IN THE DISTRICT FIRST HAVING A RESIDENT COMMISSION MEMBER IN THE INTERVAL.
Rep. FLEMING asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. CLYBURN objected.
Referred to Committee on Education and Public Works.
The following was received.
Columbia, S.C., May 15, 1997
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:30 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. HASKINS the invitation was accepted.
The House stood at ease subject to the call of Chair.
At 12:30 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R50) H. 4114 (Word version) -- Reps. Baxley, Neilson and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT TEACHERS AND STAFF OF THE DARLINGTON COUNTY SCHOOL DISTRICT ARE NOT REQUIRED TO MAKE UP THE SCHOOL DAYS MISSED ON SEPTEMBER 5 AND 6, 1996, DURING SCHOOL YEAR 1996-97 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS. (R51) S. 56 (Word version) -- Senator Wilson: AN ACT TO PROVIDE THAT, WHENEVER "REGISTER OF MESNE CONVEYANCES" APPEARS IN THE ACTS AND JOINT RESOLUTIONS OF THE GENERAL ASSEMBLY OR IN THE SOUTH CAROLINA CODE OF LAWS, 1976, THE TERM MEANS "REGISTER OF DEEDS"; TO DIRECT THE CODE COMMISSIONER TO CHANGE REFERENCES; AND TO AUTHORIZE THE CONTINUANCE OF THE TITLE "REGISTER OF MESNE CONVEYANCES" FOR CERTAIN PERSONS UNDER CERTAIN CONDITIONS. (R52) S. 70 (Word version) -- Senator McConnell: AN ACT TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE; TO AMEND THE 1976 CODE BY ADDING SECTION 2-19-120 SO AS TO AUTHORIZE THE CHAIRMAN OF THE JUDICIAL MERIT SELECTION COMMISSION TO SELECT CITIZENS COMMITTEES ON JUDICIAL QUALIFICATIONS FOR GEOGRAPHIC DISTRICTS SET BY THE COMMISSION AND PROVIDE FOR THE DUTIES OF THE CITIZENS COMMITTEES; TO AMEND SECTION 9-8-120, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, AND THE REQUIREMENT THAT A RETIRED JUSTICE OR JUDGE MAKE AN IRREVOCABLE ELECTION AS TO WHETHER OR NOT HE WISHES TO ENGAGE IN THE PRACTICE OF LAW OR BE ELIGIBLE FOR APPOINTMENT TO SERVE AS A JUSTICE OR JUDGE IN THE COURTS OF THIS STATE, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THIS ELECTION SHALL BE MADE; TO AMEND SECTION 14-11-20, RELATING TO THE APPOINTMENT OF MASTERS-IN-EQUITY BY THE GOVERNOR, SO AS TO MAKE THIS APPOINTMENT PROCEDURE SUBJECT TO THE PROVISIONS OF SECTION 2-19-110 REFERENCED ABOVE; AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO WAIVER OF IMMUNITY UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE THE PERFORMANCE OF ANY DUTY RELATED TO THEIR SERVICE BY MEMBERS OF THE JUDICIAL MERIT SELECTION COMMISSION AND THE CITIZENS COMMITTEES ON JUDICIAL SELECTION.
(R53) S. 77 (Word version) -- Senators Holland and Giese: AN ACT TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S CONCURRENT CIVIL JURISDICTION, SO AS TO PROVIDE THAT A MAGISTRATE SHALL HAVE SUCH JURISDICTION IN ALL ACTIONS PROVIDED FOR IN THIS SECTION, WITH CERTAIN EXCEPTIONS, WHEN A FILED COUNTERCLAIM INVOLVES A SUM NOT TO EXCEED FIVE THOUSAND DOLLARS, AND TO CORRECT A REFERENCE TO REFLECT THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE; AND TO AMEND SECTION 22-3-30, RELATING TO TRANSFERRING A CLAIM AND COUNTERCLAIM FROM MAGISTRATE'S COURT TO THE COURT OF COMMON PLEAS IF A SUCCESSFUL COUNTERCLAIM WOULD EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS, SO AS TO PROVIDE THAT WHEN A COUNTERCLAIM IS FILED WHICH IF SUCCESSFUL WOULD EXCEED THE MAGISTRATE'S CIVIL JURISDICTIONAL AMOUNT AS PROVIDED BY LAW, IT MUST BE TRANSFERRED TO THE COURT OF COMMON PLEAS.
(R54) S. 106 (Word version) -- Senator Passailaigue: AN ACT TO AMEND SECTION 50-17-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES FOR TAKING MARINE LIFE FOR EXPERIMENTAL OR SCIENTIFIC PURPOSES, SO AS TO AUTHORIZE PERMITS FOR HOLDING AND PROPAGATION FACILITIES; AND TO AMEND SECTION 50-17-165, RELATING TO THE TAKING OR POSSESSING OF HORSESHOE CRABS, SO AS TO AUTHORIZE PERMITS ISSUED UNDER THIS SECTION TO INCLUDE PROVISIONS FOR HOLDING FACILITIES AND TO ALLOW HORSESHOE CRABS TO BE HELD IN FACILITIES APPROVED BY THE DEPARTMENT. (R55) S. 135 (Word version) -- Senator McConnell: AN ACT TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM ASSESSMENT RATIOS, BY ADDING SECTION 12-43-221 SO AS TO PROVIDE THAT PROPERTY IN WHICH THE OCCUPANT HAS AN INTEREST PURSUANT TO AN INSTALLMENT CONTRACT FOR SALE WITH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, OR ITS ASSIGNEE, IS ELIGIBLE FOR THE ASSESSMENT RATIO PROVIDED IN SECTION 12-43-220(c) AND THE EXEMPTIONS PROVIDED IN SECTIONS 12-37-220, 12-37-250, AND 12-37-290, AS LONG AS THE ADDITIONAL REQUIREMENTS OF THOSE SECTIONS, OTHER THAN THE OWNERSHIP REQUIREMENT, ARE ALSO MET AND TO PROVIDE FOR REFUNDS UPON APPLICATION.
(R56) S. 226 (Word version) -- Senator Bryan: AN ACT TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO INCREASE FROM ONE TO THREE YEARS AFTER WHICH A DEFENDANT MAY HAVE HIS RECORD EXPUNGED, CHANGE FROM MANDATORY TO OPTIONAL THE REQUIREMENT THAT THE CIRCUIT COURT ISSUE AN ORDER EXPUNGING THE RECORD AND PROVIDE THAT A PERSON MAY HAVE HIS RECORD EXPUNGED EVEN THOUGH THE CONVICTION OCCURRED PRIOR TO JUNE 1, 1992.
(R57) S. 285 (Word version) -- Senators Alexander and J. Verne Smith: AN ACT TO AMEND CHAPTER 8, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "UNIFORM TRADE SECRETS ACT", SO AS TO, AMONG OTHER THINGS, CHANGE THE NAME AND SCOPE OF THE CHAPTER TO THE "SOUTH CAROLINA TRADE SECRETS ACT", CHANGE THE DEFINITION OF VARIOUS TERMS, ADD NEW DEFINITIONS, AND ADD CERTAIN PROVISIONS OF LAW. (R58) S. 292 (Word version) -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-216 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL COLLECT AND MAINTAIN CONCEALABLE WEAPON APPLICATION, RENEWAL, AND REPLACEMENT FEES FOR THE ADMINISTRATION OF THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1996"; AND TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO PROVIDE THAT A PERMIT MUST BE NO LARGER THAN THREE AND ONE-HALF INCHES BY THREE INCHES IN SIZE.
(R59) S. 308 (Word version) -- Senators McGill, Lander, Alexander, Anderson, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Rose, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: AN ACT TO AMEND SECTION 56-2-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION FOR NONPAYMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE BIENNIAL LICENSE PLATES AND REVALIDATION DECALS. (R60) S. 360 (Word version) -- Senators Drummond, Bryan, Giese and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-5-55 SO AS TO ESTABLISH THE DRINKING WATER REVOLVING LOAN FUND AND PROVIDE FOR THE MANNER IN WHICH IT MUST BE ADMINISTERED; TO AMEND ACT 513 OF 1992, RELATING TO THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO BRING THIS STATE'S LAWS INTO COMPLIANCE WITH THE 1996 AMENDMENTS TO THE SAFE DRINKING WATER ACT, TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT, SECTION 1452, TITLE 42, UNITED STATES CODE, AND BY ADDING AN APPROPRIATE LEGISLATIVE FINDING; TO AMEND SECTION 48-5-20, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO CHANGE THE DEFINITION OF "FUND" TO "CLEAN WATER FUND", ADD A DEFINITION FOR "DRINKING WATER FUND" AND "SAFE DRINKING WATER ACT", AND CHANGE THE DEFINITION OF "PROJECT"; TO AMEND SECTION 48-5-40, RELATING TO THE POWERS OF THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY, SO AS TO ADD ADDITIONAL POWERS INCLUDING THE AUTHORIZATION TO ESTABLISH ACCOUNTS FOR THE DEPOSIT OF PORTIONS OF GRANTS; TO AMEND SECTION 48-5-50, RELATING TO THE CONTINUED EXISTENCE OF THE FUND PREVIOUSLY CREATED PURSUANT TO CHAPTER 6 OF TITLE 48, SO AS TO CLARIFY THE NAME OF THE FUND AS BEING THE CLEAN WATER FUND; TO AMEND SECTION 48-5-60, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS UNDER THE ACT, SO AS TO ADD REFERENCE TO THE SAFE DRINKING WATER ACT AND AUTHORIZE THE ESTABLISHMENT OF ACCOUNTS AND THE DEPOSITING IN THEM PORTIONS OF FEDERAL GRANTS AUTHORIZED BY THE SAFE DRINKING WATER ACT; AND TO AMEND SECTION 48-5-160, RELATING TO REPORTING REQUIREMENTS OF THE AUTHORITY TO THE GOVERNOR, GENERAL ASSEMBLY, AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, SO AS TO ADD THE REQUIREMENT THAT A BIENNIAL REPORT BE MADE TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ON THE DRINKING WATER REVOLVING LOAN FUND.
(R61) S. 361 (Word version) -- Senator Mescher: A JOINT RESOLUTION TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION MAY GRANT A WAIVER FROM THESE REQUIREMENTS IF THE APPROPRIATE SCHOOL DISTRICT SUPERINTENDENT AND ATHLETIC DIRECTOR CERTIFY THAT A STUDENT'S INELIGIBILITY TO PARTICIPATE IS DUE TO MISINFORMATION CONCERNING ELIGIBILITY REQUIREMENTS PROVIDED BY DISTRICT PERSONNEL.
(R62) S. 416 (Word version) -- Education Committee: AN ACT TO AMEND SECTION 59-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVALUATION OF AND PERFORMANCE STANDARDS FOR SCHOOL PRINCIPALS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH SCHOOL PRINCIPALS ARE EVALUATED AND PROVIDED DEVELOPMENTAL TRAINING. (R63) S. 428 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PARAPROFESSIONAL PERSONNEL POSITIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1952, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R64) S. 430 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PARAPROFESSIONAL PERSONNEL QUALIFICATIONS AND DUTIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1953, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R65) S. 433 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ATTENDANCE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2097, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R66) S. 446 (Word version) -- Senator McConnell: AN ACT TO AMEND SECTIONS 58-25-30, AS AMENDED, 58-25-35, 58-25-40, AS AMENDED, AND 58-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO CHANGE EACH REFERENCE OF "CITY" TO "MUNICIPALITY". (R67) S. 479 (Word version) -- Senator Ravenel: AN ACT TO AMEND SECTION 50-17-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE COASTAL FISHERIES LAWS, SO AS TO REVISE CERTAIN DEFINITIONS; SECTION 50-17-110, AS AMENDED, RELATING TO LICENSE REQUIREMENTS OF CAPTAINS OR MASTERS OF TRAWLING VESSELS, SO AS TO PROVIDE THAT THE LICENSE IS VALID ONLY FOR THE SALE OF SEAFOOD PRODUCTS CAUGHT BY LAWFUL TRAWLING; SECTION 50-17-170, AS AMENDED, RELATING TO APPLICATIONS FOR SHRIMP OR CRAB BOAT LICENSES, SO AS TO FURTHER PROVIDE FOR THE RESIDENCE REQUIREMENTS IN REGARD TO SUCH LICENSES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; SECTION 50-17-180, AS AMENDED, RELATING TO WHOLESALE AND RETAIL SEAFOOD DEALER'S LICENSES, SO AS TO REQUIRE NONRESIDENT FISHERMEN TO HAVE AN ADDITIONAL LICENSE FROM THE DEPARTMENT UNDER CERTAIN CONDITIONS, PROVIDE FOR THE MANNER IN WHICH CERTAIN LICENSES MAY BE USED, AND REQUIRE SALES AGENTS AT TEMPORARY LOCATIONS TO HAVE A COPY OF THE WHOLESALE DEALER'S LICENSE IN THEIR POSSESSION; SECTION 50-17-210, AS AMENDED, RELATING TO LICENSES FOR POWERBOATS AND BARGES, SO AS TO PROVIDE THAT ANY RESIDENT OR NONRESIDENT BEFORE USING CRAB POTS FOR COMMERCIAL PURPOSES MUST ACQUIRE A LICENSE FROM THE DEPARTMENT FOR SUCH POTS, AND TO PROVIDE FOR THE FEES AND CONDITIONS OF USE FOR THESE LICENSES, AND TO PROVIDE THAT CRAB POTS FOR PERSONAL USE ARE NOT REQUIRED TO HAVE THE PERSON'S NAME ATTACHED TO THE FLOAT; SECTION 50-17-250, AS AMENDED, RELATING TO THE TREATMENT OF NONRESIDENTS IN THE SAME MANNER SOUTH CAROLINA RESIDENTS ARE TREATED IN THE NONRESIDENT'S STATE, SO AS TO REVISE THE LICENSE FEES WHICH SUCH NONRESIDENTS MUST PAY; SECTION 50-17-716, AS AMENDED, RELATING TO CRAB POTS AND CRAB POT FLOATS, SO AS TO REVISE THE MANNER IN WHICH SUCH CRAB POTS INCLUDING THOSE USED FOR COMMERCIAL PURPOSES AND FLOATS MUST BE CONSTRUCTED AND IDENTIFIED; TO ADD SECTION 50-17-718, SO AS TO REQUIRE AUTHORIZATION TO USE ANOTHER PERSON'S CRAB POTS TO BE IN THE POSSESSION OF THE PERSON USING THEM IF NOT THE OWNER, TO PROVIDE THAT NONRESIDENTS MAY NOT USE CRAB POT LICENSES AT THE RESIDENT FEE, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-17-720, AS AMENDED, RELATING TO THE MINIMUM SIZE OF BLUE CRABS WHICH MAY BE CAUGHT OR POSSESSED, SO AS TO REVISE CERTAIN EXCEPTIONS TO THIS PROVISION AND TO AUTHORIZE THE DEPARTMENT TO ISSUE TO A PERSON ENGAGED IN CLAM MARICULTURE A PERMIT FOR THE CAPTURE AND TEMPORARY POSSESSION AND TRANSPORT OF BLUE CRABS OR STONE CRABS; TO ADD SECTION 50-17-722 SO AS TO PROVIDE FOR THE CIRCUMSTANCES AND TIMES WHEN IT IS LAWFUL TO SET, FISH, AND LOCATE CRAB POTS AND POSSESS CRABS, AND TO TRANSPORT CRABS OR PARTS OR PRODUCTS THEREOF; TO AMEND SECTION 50-17-770, AS AMENDED, RELATING TO REGISTRATION NUMBERS ON LICENSED CRAB TRAWLERS, SO AS TO REQUIRE VESSELS USED IN FISHING FOR BLUE CRABS WITH TRAPS OR TRANSPORTING BLUE CRABS HARVESTED FOR COMMERCIAL PURPOSES TO DISPLAY CERTAIN IDENTIFICATION NUMBERS; SECTION 50-17-1120, AS AMENDED, RELATING TO THE POINT SYSTEM ESTABLISHED FOR VIOLATION OF THE COASTAL FISHERIES LAWS, SO AS TO MAKE THE USING OF A FALSIFIED APPLICATION OR DOCUMENTATION IN CONNECTION WITH A RESIDENT LICENSE AN EIGHTEEN POINT VIOLATION; SECTION 50-20-20, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO REVISE CERTAIN DEFINITIONS; AND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STAMP REQUIREMENT UNDER THE SOUTH CAROLINA RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO MAKE TECHNICAL CORRECTIONS. (R68) S. 480 (Word version) -- Senator Courtney: AN ACT TO AMEND SECTIONS 16-3-1110 AND 16-3-1210, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE THAT THE DEFINITION OF CRIME INCLUDES TERRORISM AS DEFINED BY FEDERAL LAW AND TO PROVIDE THAT CERTAIN VICTIMS OF TERRORISM OUTSIDE THE UNITED STATES MAY FILE FOR BENEFITS WITH THE VICTIM'S COMPENSATION FUND.
(R69) S. 484 (Word version) -- Senators Leventis, Patterson, Peeler, J. Verne Smith and Drummond: A JOINT RESOLUTION TO REAUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S HEALTH SERVICES. (R70) S. 512 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2138, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R71) S. 513 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO INSTRUCTIONAL RESOURCES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2133, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R72) S. 515 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SCHEDULING FOR INSTRUCTION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2132, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R73) S. 516 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STUDENT RECORDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2139, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R74) S. 517 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SCHOOL LIBRARIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R75) S. 521 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PILOT PROJECTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2122, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. (R76) S. 522 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DRUG EDUCATION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2129, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R77) S. 523 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO CLASS SIZE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2131, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R78) S. 524 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO FIELD TRIPS AND EXCURSIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2135, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R79) S. 525 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUMMER PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2130, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R80) S. 526 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GUIDANCE PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2136, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. (R81) S. 527 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ADVANCED PLACEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2137, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R82) S. 553 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO EMERGENCY MEDICAL SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2161, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R83) S. 586 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO MEDICAL REPORTS, PHYSICIAN'S FEES AND HOSPITAL CHARGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2166, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R84) S. 619 (Word version) -- Senators Ryberg and Moore: AN ACT TO AMEND SECTION 12-36-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF RETAIL SALE FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT VETERINARIANS ARE DEEMED TO BE THE USERS OR CONSUMERS OF TANGIBLE PERSONAL PROPERTY SOLD TO THE VETERINARIAN WHETHER USED IN THE RENDERING OF PROFESSIONAL SERVICES OR SOLD BY THE PRACTICE NOT AS PART OF A PROFESSIONAL SERVICE.
(R85) S. 620 (Word version) -- Senator J. Verne Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-56-55 SO AS TO PROVIDE THAT THE PROVISIONS OF THE SOLICITATION OF CHARITABLE FUNDS ACT DO NOT APPLY TO PARENT-TEACHER ASSOCIATIONS AFFILIATED WITH ANY SCHOOL OR TO LOCAL CHAMBERS OF COMMERCE IF NONE OF THEIR FUND-RAISING ACTIVITIES ARE CARRIED ON BY PROFESSIONAL SOLICITORS. (R86) S. 652 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF STATE FIRE MARSHAL, RELATING TO PROXIMATE AUDIENCE PYROTECHNICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2061, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R87) H. 3135 (Word version) -- Rep. Webb: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-285 SO AS TO PROVIDE THAT IN ANY PROSECUTION FOR A VIOLATION OF STATE FISH, GAME, WILDLIFE, OR NATURAL RESOURCES LAWS, PHOTOGRAPHS OF EITHER WILDLIFE OR FISH ALLEGED TO HAVE BEEN TAKEN, POSSESSED, SOLD, TRANSPORTED, OR IMPORTED ILLEGALLY ARE CONSIDERED COMPETENT EVIDENCE OF THE WILDLIFE OR FISH AND ARE ADMISSIBLE IF PROPERLY AUTHENTICATED IN ANY PROCEEDING OF THE CASE TO THE SAME EXTENT AS IF THE WILDLIFE OR FISH HAD BEEN INTRODUCED AS EVIDENCE. (R88) H. 3139 (Word version) -- Reps. Wilkins, Meacham, Knotts and Robinson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-767 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE CERTAIN ADDITIONAL SERVICES TO CHILDREN IN FOSTER CARE AND FOSTER PARENTS, TO PROVIDE PENALTIES AND TO REQUIRE THE DEPARTMENT TO REPORT TO THE GENERAL ASSEMBLY ON THE STATUS OF THE FOSTER CARE SYSTEM; TO AMEND SECTION 20-7-764, AS AMENDED, RELATING TO CONTENTS AND ENFORCEMENT OF THE PERMANENT PLAN FOR CHILDREN IN FOSTER CARE, SO AS TO ESTABLISH THE MINIMUM NUMBER OF CONTACTS A SOCIAL WORKER MUST HAVE WITH A CHILD IN FOSTER CARE AND TO REQUIRE THE PROVISIONS OF THE PLAN TO BE INCORPORATED IN A COURT ORDER REQUIRING THE DEPARTMENT TO PROVIDE SERVICES IN ACCORDANCE WITH THE PLAN; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES TO CONDUCT ADOPTION ASSESSMENTS AND CHILD-SPECIFIC RECRUITING FOR POTENTIAL ADOPTIVE FAMILIES AND TO REVISE VARIOUS DISPOSITION CRITERIA FOR CERTAIN CHILDREN IN FOSTER CARE; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATING PARENTAL RIGHTS, SO AS TO ADD ABANDONMENT OF A CHILD; TO AMEND SECTION 20-7-1574, AS AMENDED, RELATING TO COURT ORDERS TERMINATING PARENTAL RIGHTS, SO AS TO DECREASE THE TIME WITHIN WHICH AN AGENCY HAS TO DEVELOP AND SUBMIT A PLAN FOR PERMANENT PLACEMENT OF A CHILD WHOSE PARENTAL RIGHTS HAVE BEEN TERMINATED; AND TO AMEND SECTION 20-7-1642, AS AMENDED, RELATING TO PERSONS WITH WHOM CHILDREN MAY NOT BE PLACED FOR FOSTER CARE, SO AS TO ADD PERSONS WHO HAVE COMMITTED CERTAIN CRIMES.
(R89) H. 3153 (Word version) -- Reps. Simrill and Haskins: AN ACT TO AMEND SECTION 44-77-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABSENCE OF A DECLARATION OF A DESIRE FOR A NATURAL DEATH NOT CREATING A PRESUMPTION AS TO INTENT TO CONSENT TO OR REFUSE "DEATH-PROLONGING" PROCEDURES, SO AS TO CHANGE THIS TERM TO "LIFE-SUSTAINING" PROCEDURES. (R90) H. 3169 (Word version) -- Rep. Cato: AN ACT TO AMEND TITLE 40, CHAPTER 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REAL ESTATE COMMISSION, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO EXPAND THE RESPONSIBILITIES OF A "BROKER-IN-CHARGE", TO ESTABLISH THE PARAMETERS, DUTIES, AND RESPONSIBILITIES FOR AGENCY RELATIONSHIPS IN REAL ESTATE, AND TO REQUIRE LICENSEES TO HAVE A HIGH SCHOOL DIPLOMA OR THE EQUIVALENT, TO INCREASE THE HOURS REQUIRED FOR A BROKER'S LICENSE, TO ELIMINATE THE TWO-TIERED SALES EXAMINATION, TO ESTABLISH OPTIONS FOR SETTLING EARNEST MONEY DISPUTES AND TO REVISE FINES; TO AMEND SECTION 12-24-70, RELATING TO AFFIDAVITS REQUIRED TO BE FILED WITH DEEDS STATING THE VALUE OF THE REALTY, SO AS TO PROVIDE THAT AN AFFIDAVIT IS REQUIRED ONLY IF THE TOTAL VALUE IS NOT SET FORTH EXPLICITLY IN THE DEED AND TO PROVIDE THAT EXISTING LICENSING FEES REMAIN IN EFFECT.
(R91) H. 3399 (Word version) -- Reps. Bauer, Hinson, Beck, F. Smith, Simrill, Baxley, Cobb-Hunter, J. Smith, Neilson, Quinn, Sandifer, Wilkins, Knotts, Hawkins, Woodrum, Whatley, Barrett, Edge, Rice, Fleming, Kennedy, Scott, T. Brown, Riser, Davenport, Martin, Lloyd, Allison, Altman, McLeod, Cromer, Lanford, J. Brown, Howard, Stuart, Leach, Phillips, Pinckney, Parks, Rodgers, Hamilton, Byrd, Koon, Mack, Kinon, Kirsh, Webb, Barfield, Littlejohn, Miller, Bowers and Limehouse: AN ACT TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE VOTING, SO AS TO DELETE THE REQUIREMENT THAT AN EMPLOYER SIGN A WRITTEN CERTIFICATION THAT HIS EMPLOYEE'S EMPLOYMENT PREVENTS HIM FROM VOTING IN HIS COUNTY OF RESIDENCE. (R92) H. 3404 (Word version) -- Reps. Meacham, Quinn, G. Brown, Sandifer, Trotter, Keegan, Kennedy, Lee, D. Smith, Haskins, Harrell, Cato, Fleming and Klauber: AN ACT TO AMEND SECTION 58-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, ENERGY SUPPLY AND EFFICIENCY, AND DEFINITIONS, SO AS TO DELETE "PUBLIC UTILITIES PROVIDING GAS SERVICES" FROM THE APPLICABILITY OF THE DEFINITION OF "INTEGRATED RESOURCE PLAN"; TO AMEND SECTION 58-37-20, RELATING TO THE PROVISION THAT THE PUBLIC SERVICE COMMISSION SHALL ADOPT PROCEDURES ENCOURAGING ENERGY EFFICIENCY AND CONSERVATION, SO AS TO PERMIT, RATHER THAN REQUIRE, THE COMMISSION TO ADOPT PROCEDURES THAT ENCOURAGE ELECTRICAL UTILITIES AND PUBLIC UTILITIES PROVIDING GAS SERVICES SUBJECT TO THE COMMISSION'S JURISDICTION TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; TO AMEND SECTION 58-37-40, RELATING TO THE REQUIREMENT THAT ELECTRICAL UTILITIES, PUBLIC UTILITIES PROVIDING GAS SERVICES, AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY PREPARE INTEGRATED RESOURCE PLANS, SO AS TO DELETE "PUBLIC UTILITIES PROVIDING GAS SERVICES" AND GAS UTILITIES REGULATED BY THE PUBLIC SERVICE COMMISSION FROM THE REQUIREMENTS AND COVERAGE OF THIS SECTION; AND TO REPEAL SUBSECTION (F) OF SECTION 58-37-40, RELATING TO THE PROVISION THAT NO PROCEDURES FOR INTEGRATED RESOURCE PLANNING FOR UTILITIES PROVIDING NATURAL GAS SERVICES MAY BE RECOMMENDED NOR MAY INTEGRATED RESOURCE PLAN REPORTING BE REQUIRED OF UTILITIES PROVIDING NATURAL GAS SERVICES UNLESS AND UNTIL INTEGRATED RESOURCE PLANNING PROCEDURES FOR UTILITIES PROVIDING NATURAL GAS SERVICES ARE ADOPTED BY THE PUBLIC SERVICE COMMISSION.
(R93) H. 3420 (Word version) -- Rep. Rhoad: AN ACT TO AMEND SECTION 47-6-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPORTATION OF SWINE, SO AS TO PROVIDE FOR RELIANCE ON PSEUDORABIES ERADICATION PROGRAM STANDARDS WHEN IMPORTING SWINE FOR FEEDING OR OTHER THAN FEEDING PURPOSES.
(R94) H. 3452 (Word version) -- Reps. Miller, McMaster, Moody-Lawrence, Townsend, Hinson, Knotts, Cotty, Neal, Barrett, Battle, T. Brown, Trotter, Maddox, Stille, Stoddard, Witherspoon, Lloyd, J. Smith, Kennedy, Pinckney, Delleney, Rice, Kelley, Edge, Woodrum, Keegan, Martin, Webb, Parks, Carnell, Rhoad, Jordan, Rodgers, Meacham, Young-Brickell, Howard, Simrill, Spearman, Bowers, Koon and Harvin: AN ACT TO AMEND SECTION 14-7-845, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL POSTPONEMENT OF JURY SERVICE FOR STUDENTS, SO AS TO PROVIDE FOR OPTIONAL POSTPONEMENT OF JURY SERVICE FOR SCHOOL EMPLOYEES.
(R95) H. 3459 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP PROGRAM ELECTRONIC BENEFITS TRANSFER, DESIGNATED AS REGULATION DOCUMENT NUMBER 2101, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. (R96) H. 3522 (Word version) -- Reps. Sharpe, Riser, Witherspoon, Webb and Barfield: AN ACT TO AMEND SECTION 39-22-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR WAREHOUSE RECEIPT FORMS DESIGNED OR APPROVED BY THE COMMISSIONER OF AGRICULTURE, SO AS TO AUTHORIZE THE USE OF ELECTRONIC WAREHOUSE RECEIPTS.
(R97) H. 3535 (Word version) -- Reps. Sharpe, T. Brown and Rhoad: AN ACT TO AMEND SECTION 39-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A "PUBLIC WEIGHMASTER", SO AS TO REVISE THE DEFINITION; TO AMEND SECTION 39-11-120, RELATING TO THE CONTENTS OF THE CERTIFICATES OF WEIGHTS AND MEASURES, SO AS TO DELETE REFERENCES TO STATE CERTIFICATES AND SPECIFY THAT THEY ARE ISSUED BY A PUBLIC WEIGHMASTER; TO AMEND SECTION 39-11-140, RELATING TO ACTS DECLARED MISDEMEANORS CONCERNING PUBLIC WEIGHMASTERS, SO AS TO DELETE REFERENCES TO STATE CERTIFICATES AND MAKE IT A CRIME TO ACT AS A PUBLIC WEIGHMASTER OR DEPUTY PUBLIC WEIGHMASTER WITHOUT FIRST BEING LICENSED; AND TO REPEAL SECTION 39-11-190 RELATING TO PERSONS TRADING IN BULK COMMODITIES ARE REQUIRED TO BE OR EMPLOY PUBLIC WEIGHMASTERS.
(R98) H. 3541 (Word version) -- Rep. Cotty: AN ACT TO AMEND SECTION 20-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHOTOGRAPHS, X-RAYS, AND OTHER MEDICAL EXAMINATIONS OF AREAS OF TRAUMA VISIBLE ON A CHILD SUBJECT TO A REPORT OF SUSPECTED CHILD ABUSE, SO AS TO PROVIDE THAT COPIES OF ALL PHOTOGRAPHS, NEGATIVES, RADIOLOGICAL, AND OTHER MEDICAL REPORTS MUST BE SENT TO THE DEPARTMENT OF SOCIAL SERVICES RATHER THAN THE ORIGINALS OF ALL PHOTOGRAPHS, NEGATIVES, AND REPORTS AT THE TIME A REPORT PURSUANT TO SECTION 20-7-510 IS MADE, OR AS SOON AS REASONABLY POSSIBLE AFTER THE REPORT IS MADE. (R99) H. 3634 (Word version) -- Labor, Commerce and Industry Committee: AN ACT TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, RELATING TO PROCEDURES FOR MAKING WRITTEN MOTIONS, PETITIONS, AND APPLICATIONS TO THE BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 2156, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R100) H. 3636 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ACCOUNTANCY, RELATING TO LICENSING AND PRACTICE OF PUBLIC ACCOUNTANTS AND CERTIFIED PUBLIC ACCOUNTANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2141, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R101) H. 3679 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2105, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R102) H. 3680 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO IMPORTED FIRE ANT QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2112, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R103) H. 3681 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO TOBACCO PLANT CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2113, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. (R104) H. 3704 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF DENTISTRY, RELATING TO EXPANDED DUTY DENTAL ASSISTANTS, MONITOR NITROUS OXIDE ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2154, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R105) H. 3705 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO ADMINISTRATOR-IN-TRAINING PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2142, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R106) H. 3767 (Word version) -- Reps. Townsend, Sharpe, G. Brown, Webb and Riser: AN ACT TO AMEND SECTION 57-3-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR COTTON MODULAR VEHICLES, SO AS TO REVISE THE WIDTH OF COTTON MODULAR VEHICLES.
(R107) H. 3788 (Word version) -- Reps. Wilder, Stoddard and Carnell: AN ACT TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO FISCAL MATTERS AND THE IMPOSITION OF SCHOOL TAXES FOR LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX, SO AS TO REVISE THE DATE FOR APPROVING THE BUDGET AND RECOMMENDING THE TAX MILLAGE, TO AUTHORIZE THE BOARDS OF TRUSTEES OF THESE DISTRICTS TO INCREASE MILLAGE RATES UP TO SEVEN MILLS A YEAR PLUS THE MILLAGE NECESSARY TO MEET MAINTENANCE OF EFFORT REQUIREMENTS, TO LIMIT THE TOTAL MILLAGE INCREASE IN A YEAR TO TEN MILLS, TO REQUIRE A "POSITIVE MAJORITY" TO APPROVE THE ANNUAL SCHOOL MILLAGE AND TO DEFINE "POSITIVE MAJORITY". (R108) H. 3807 (Word version) -- Reps. Sharpe and Witherspoon: AN ACT TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GAME ZONES OF THIS STATE, SO AS TO REVISE THE COMPOSITION OF GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON FOR TAKING DEER IN GAME ZONES 1, 2, AND 4, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IN GAME ZONES 1, 2, AND 4 BY REGULATION MAY ESTABLISH THE METHODS FOR HUNTING AND TAKING OF DEER AND MAY SET OTHER RESTRICTIONS FOR HUNTING AND TAKING DEER; TO AMEND SECTION 50-11-390, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DECLARE OPEN SEASONS AND SET BAG LIMITS AND METHODS OF HUNTING OF ANTLERLESS DEER, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT IN THIS REGARD; AND TO REPEAL SECTION 50-11-395 RELATING TO THE ISSUANCE OF ANTLERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.
(R109) H. 3943 (Word version) -- Reps. Walker, Littlejohn, Lee, Vaughn, Lanford, Allison, Hawkins, Davenport and D. Smith: AN ACT TO PROHIBIT A COMMISSIONER OF A VOLUNTEER FIRE DEPARTMENT ESTABLISHED BY A SPECIAL PURPOSE DISTRICT IN SPARTANBURG COUNTY FROM SERVING OR ACTING AS A FIREFIGHTER FOR THAT VOLUNTEER FIRE DEPARTMENT.
(R110) H. 3957 (Word version) -- Reps. Cato, Vaughn, McMahand, Leach and F. Smith: AN ACT TO AFFIRM THE AUTHORITY OF THE STROUD MEMORIAL HOSPITAL DISTRICT COMMISSION IN GREENVILLE COUNTY TO SELL THE ASSETS OF THE DISTRICT TO THE STROUD FAMILY CARE CENTER, INC., AND TO AFFIRM THIS SALE; TO DISSOLVE THE DISTRICT, DISCHARGE THE COMMISSION MEMBERS FROM ALL DUTIES AND RESPONSIBILITIES, AND PROVIDE THAT THE ASSETS AND LIABILITIES OF THE DISTRICT ARE TRANSFERRED IN ACCORDANCE WITH THE AGREEMENT BETWEEN THE PARTIES; AND TO REPEAL ACT 1239 OF 1964 AND ACTS 613 AND 624 OF 1965, ALL RELATING TO THE STROUD MEMORIAL HOSPITAL DISTRICT. (R111) H. 4040 (Word version) -- Reps. Kinon, M. Hines and Jennings: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1997, AND ENDING JUNE 30, 1998.
(R112) H. 4083 (Word version) -- Rep. Bowers: A JOINT RESOLUTION TO PROVIDE THAT THE TEACHER IN-SERVICE DAY OF SEPTEMBER 5, 1996, MISSED IN SCHOOL DISTRICT NUMBER 1 OF HAMPTON COUNTY FOR SCHOOL YEAR 1996-97 BECAUSE OF A HURRICANE WARNING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT DAYS MISSED BECAUSE OF EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
At 12:45 P.M. the House resumed, the SPEAKER in the Chair.
Rep. CROMER moved that the House do now adjourn, which was adopted.
Rep. KELLEY moved to reconsider the vote whereby S. 207 (Word version) was given a second reading and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 4152 (Word version) -- Reps. R. Smith, Beck, Clyburn, Mason, Sharpe and Spearman: A CONCURRENT RESOLUTION RECOGNIZING MR. ROLAND WINDHAM ON THE DAY DECLARED "ROLAND WINDHAM DAY" (MONDAY, MAY 26, 1997) BY THE CITY OF AIKEN AND THE COUNTY OF AIKEN, AND COMMENDING HIM FOR HIS OUTSTANDING CIVIC CONTRIBUTIONS.
H. 4153 (Word version) -- Rep. F. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE DONALD KEITH DARR, LATELY OF GREENVILLE, AND WISH HIM WELL AS HE ASSUMES THE POSITION OF PRINCIPAL OF SAINT MARY HELP OF CHRISTIANS SCHOOL IN AIKEN.
At 12:45 P.M. the House in accordance with the motion of Rep. YOUNG adjourned in memory of Henry B. "Punch" Richardson, Sr. of Sumter, former legislator, to meet at 10:00 A.M. tomorrow.
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