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:
Help us, Good Lord, to conduct ourselves this day as to be neither afraid of tomorrow or ashamed of yesterday, and give us the desire to heed the direction that God gives. Teach us that it is better to forgive and forget than to remember and resent. Cause us to see that difficulties are to make us better, not bitter; that no cloud is so dark but that there is a rainbow in it. God forbid that we should be so absorbed in planning for a rainy day that we cannot see today's sunshine.
Keep us steadfast in the words of the Psalmist: "God is our Refuge and Strength" (Psalm 46:1a). 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. CROMER moved that when the House adjourns, it adjourn in memory of Mr. Benjamin Cooper, father of Frankie Jones, which was agreed to.
Rep. MARCHBANKS and the Pickens Delegation presented Miss Abby Manson, recognizing her as the first place individual winner in the South Carolina Scholastic Competition.
Rep. FARR and Rep. PHILLIPS presented the Jonesville High School Wildcats Football Team and its coaches, recognizing them for winning the Class A State Football Championship for 1990.
Rep. WHIPPER, from the Charleston Delegation, submitted a favorable report, on:
H. 3787 -- Reps. J. Bailey, Barber, Fulmer, Hallman, Holt, Rama, Gonzales, R. Young, Whipper and D. Martin: A BILL TO AMEND ACT 452 OF 1973, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SUBSTANCE ABUSE COMMISSION, SO AS TO PROVIDE THAT MEMBERS ARE APPOINTED UPON RECOMMENDATION OF THE COUNTY COUNCIL RATHER THAN RECOMMENDATION OF THE COUNTY DELEGATION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3447 -- Reps. Wilkins, J. Williams, Lanford, Clyborne, Sturkie, Wright, Chamblee, Hayes, Tucker, Farr, Cork, Hendricks, J. Bailey, Wofford, Burch, McKay, Rama, Bruce, Harvin, H. Brown, Baker, Fair, Baxley, Snow, L. Martin, Waldrop, Keyserling, Felder, Keegan and Phillips: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, HAVE FIVE YEARS OF LAW ENFORCEMENT EXPERIENCE, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT.
Ordered for consideration tomorrow.
Rep. JASKWHICH, from the Greenville Delegation, submitted a favorable report, with amendments, on:
H. 3821 -- Reps. Manly and Jaskwhich: A BILL TO AMEND ACT 284 OF 1989, RELATING TO THE TAX MILLAGE WHICH THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT MAY LEVY FOR THE GENERAL OPERATION OF THE SCHOOL DISTRICT IN ANY YEAR, SO AS TO INCREASE THE TAX MILLAGE WHICH MAY BE LEVIED.
Ordered for consideration tomorrow.
On motion of Rep. G. BROWN, with unanimous consent, the following was taken up for immediate consideration:
H. 3929 -- Rep. G. Brown: A HOUSE RESOLUTION TO INVITE THE AWARD WINNING MOUNT PLEASANT HIGH SCHOOL CHORUS, OF MOUNT PLEASANT HIGH SCHOOL IN LEE COUNTY, TO ATTEND A SESSION OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 1, 1991, FROM 11:00 TO 11:15 A.M. TO PERFORM FOR THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND TO BE RECOGNIZED FOR ITS SPLENDID ACCOMPLISHMENTS.
Whereas, the Mount Pleasant High School Chorus of Mount Pleasant High School in Lee County, under the dynamic direction of Mr. Thomas Slater, is an outstanding choral organization; and
Whereas, in recognition of the talent, hard work, and dedication of the members of the chorus and their director, and on the recommendation of Mr. Larry Wyatt of the University of South Carolina School of Music, the chorus has been selected to perform at Carnegie Hall in New York City, on December 1, 1991; and
Whereas, the chorus will also perform at the Carowinds Choral Festival this year; and
Whereas, sixteen members of the chorus were selected for the All-State Chorus this year and three members performed in Europe last summer; and
Whereas, the chorus director, Mr. Thomas Slater, for his outstanding leadership, was awarded the Fannie Ivey-Annie Rubin Award of Education for Conductor's Excellence last year. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives invite the award winning Mount Pleasant High School Chorus, of Mount Pleasant High School in Lee County, to attend a session of the House of Representatives on Wednesday, May 1, 1991, from 11:00 to 11:15 a.m. to perform for the members of the House of Representatives and to be recognized for its splendid accomplishments.
Be it further resolved that a copy of this resolution be forwarded to Mr. Thomas Slater, Director, Mount Pleasant High School Chorus.
The Resolution was adopted.
The following was introduced:
H. 3930 -- Reps. Boan and Hodges: A CONCURRENT RESOLUTION TO COMMEND MR. TUCKER JACKSON FOR HIS TWENTY-FIVE YEARS OF DISTINGUISHED SERVICE AS LANCASTER HIGH SCHOOL'S VOCATIONAL SCHOOL DIRECTOR UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3931 -- Rep. Fair: A CONCURRENT RESOLUTION REQUESTING THE STATE SUPERINTENDENT OF EDUCATION TO INFORM THE SCIENCE TEACHERS IN THE STATE'S PUBLIC SCHOOLS THAT, CONSISTENT WITH THE EXPRESSIONS OF THE UNITED STATES SUPREME COURT IN EDWARDS V. AGUILLARD, THEY HAVE THE FREEDOM AND FLEXIBILITY TO SUPPLEMENT THE PRESENT SCIENCE CURRICULUM WITH THE PRESENTATION OF VARIOUS METHODS OF THE ORIGINS OF LIFE, AND OF HUMANKIND IN PARTICULAR, AND REQUESTING THE STATE SUPERINTENDENT TO INFORM THE SCIENCE TEACHERS ACCORDINGLY WITHIN NINETY DAYS OF THE ADOPTION OF THIS RESOLUTION AND TO REPORT TO THE GENERAL ASSEMBLY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3932 -- Reps. Klapman, Wilder, Kirsh, Hodges, Bennett, Sheheen, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Boan, G. Brown, H. Brown, J. Brown, Bruce, Burch, Burriss, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Holt, Houck, Huff, Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Kempe, Keyserling, Kinon, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCain, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Ross, Rudnick, Scott, Sharpe, Shirley, Short, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF JOHN "GEORGETOWN" BASSARD, SR., OF RICHLAND COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
S. 807 -- Senator Drummond: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 14, 1991, AND SATURDAY, JUNE 15, 1991.
Be it resolved by the Senate, the House of Representatives concurring:
That the Palmetto Girls State is authorized to use the chambers of the Senate and the House of Representatives on Friday, June 14, 1991, from 2:00 p.m. to 4:30 p.m., and on Saturday, June 15, 1991, from 9:00 a.m. to 11:30 a.m. for its annual legislative day activity. If either House is in statewide session, the chamber of that House may not be used.
Be it further resolved that the State House security forces provide assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Girls State on these dates.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time and referred to appropriate committees:
H. 3933 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CERTIFICATION OF NEED FOR HEALTH FACILITIES AND SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1335, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3934 -- Reps. Ross and T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-80 SO AS TO ALLOW COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS, SPECIAL PURPOSE DISTRICTS, AND PUBLIC SERVICE DISTRICTS AUTHORIZED BY LAW TO ISSUE GENERAL OBLIGATION BONDS TO RECEIVE BIDS ON MORE THAN ONE ISSUE AT A TIME AND TO AUTHORIZE THEM TO REQUIRE BIDDERS TO SUBMIT PROPOSALS FOR ALL BONDS ISSUED AS THOUGH THE BONDS WERE OF A SINGLE ISSUE.
Referred to Committee on Ways and Means.
H. 3935 -- Rep. Rhoad: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF EHRHARDT CEMETERY COMPANY IN BAMBERG COUNTY.
On motion of Rep. RHOAD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 510 -- Senator Bryan: A BILL TO AMEND SECTION 62-5-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO MAKE VALID IN THIS STATE A DURABLE POWER OF ATTORNEY EXECUTED IN ANOTHER JURISDICTION IF THE DURABLE POWER OF ATTORNEY, WHEN EXECUTED, COMPLIED WITH THE LAW APPLYING TO SUCH INSTRUMENTS IN THE JURISDICTION WHERE IT WAS EXECUTED, AND TO PROVIDE FOR THE RECORDING OF SUCH INSTRUMENTS.
Referred to Committee on Judiciary.
S. 879 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL SAFETY ASSESSMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1371, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Glover Gonzales Gregory Hallman Harris, J. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Inabinett Jaskwhich Jennings Johnson, J.C. Keegan Keesley Kempe Kinon Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCain McCraw McGinnis McKay McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, April 18.
Harriet Keyserling J.W. Johnson, Jr. Joseph McElveen E.B. McLeod Thomas E. Huff C. Lenoir Sturkie Eugene C. Stoddard Larry E. Gentry
LEAVES OF ABSENCE
The SPEAKER granted Rep. P. HARRIS a leave of absence for the day.
The SPEAKER granted Rep. HARVIN a leave of absence for the day to attend a funeral.
Rep. STURKIE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 17.
Announcement was made that Dr. L.A. Heavrin of Spartanburg is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
H. 3838 -- Reps. Jennings and Beasley: A BILL TO CREATE THE MARLBORO COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE MARLBORO COUNTY ELECTION COMMISSION AND MARLBORO COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.
Reps. JENNINGS and BEASLEY, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\cyy\18518.SD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) There is created the Marlboro County Board of Elections and Registration. There are seven members of the board who must be appointed by the Governor upon the recommendation of a majority of the Marlboro County Legislative Delegation for terms of fours years until their successors are appointed and qualify except that of those first appointed, three must be appointed for initial terms of two years each, the initial terms of all members to be designated by the appointing authority.
(B) Vacancies on the board must be filled by appointment in the manner of original appointment for the remainder of the unexpired term.
(C) Members of the board and its staff shall receive that compensation as may be appropriated by the governing body of Marlboro County upon the recommendation of the county legislative delegation.
(D) One of the seven members of the board shall serve as its chairman and the member to serve as chairman must be designated by the county legislative delegation.
(E) A member who misses three consecutive meetings of the board is considered to have resigned his office and a vacancy therein shall exist which must be filled in the manner provided by subsection (B).
SECTION 2. The Marlboro County Election Commission and the Marlboro County Registration Board are abolished on the effective date of this act and the powers and duties of the commissioners of Election and the Registration Board are devolved upon the new Board of Elections and Registration created by Section 1 of this act.
SECTION 3. The current members of the Marlboro County Election Commission and the Marlboro County Registration Board shall act as the governing body of the new Marlboro County Board of Elections and Registration established herein until such time as the seven members of this board appointed in the manner provided by this act take office. At this time, the terms of these former commissioners of election and registration board members shall expire.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the third time, and ordered sent to the Senate.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 667 -- Senator Washington: A BILL TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY MUST BE ELECTED BEGINNING IN 1992, INCLUDING THE ESTABLISHMENT OF NONPARTISAN ELECTIONS AND THE ESTABLISHMENT OF SEVEN SINGLE-MEMBER ELECTION DISTRICTS FOR THE ELECTION OF CERTAIN MEMBERS, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS ELECTED.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 560 -- Senator Washington: A BILL TO PROVIDE THAT THE COLLETON COUNTY SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY AND SHALL SERVE AT THE PLEASURE OF THE BOARD OF TRUSTEES OF THE COLLETON COUNTY SCHOOL DISTRICT RATHER THAN BE ELECTED AND TO MAKE THIS CHANGE IN THE METHOD OF CHOOSING THE SUPERINTENDENT EFFECTIVE AFTER THE GENERAL ELECTION OF 1992.
The following Bill was taken up.
H. 3263 -- Rep. Gregory: A BILL TO AMEND SECTION 7-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN COLLETON COUNTY, SO AS TO REDEFINE THE VOTING PRECINCTS.
Rep. GREGORY moved to recommit the Bill to the Colleton Delegation, which was agreed to.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3722 -- Rep. Burriss: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.
The following Bill was taken up.
H. 3628 -- Rep. Beasley: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR AND TO PROVIDE PENALTIES; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE THAT THE PROVISIONS OF CHAPTER 5 OF TITLE 56 GOVERN THE OPERATION OF MOPEDS; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.
Reps. ROGERS, KIRSH, J. BROWN and SCOTT objected to the Bill.
The following Bill was taken up.
H. 3381 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND SECTION 40-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE FITTING AND SELLING OF HEARING AIDS ACT, SO AS TO REVISE THE DEFINITION FOR AUDIOLOGIST; TO AMEND SECTION 40-25-30, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR REFUNDS AND ESTABLISHMENT OF LICENSING FEES; TO AMEND SECTION 40-25-40, RELATING TO THE COMMISSION OF HEARING AID DEALERS AND FITTERS, SO AS TO PROVIDE FOR MILEAGE AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-25-60, RELATING TO LICENSES, SO AS TO DELETE THE FILING REQUIREMENTS FOR CORPORATIONS, PARTNERSHIPS, TRUSTS, AND ASSOCIATIONS; TO AMEND SECTION 40-25-70, RELATING TO DUTIES OF LICENSEES, SO AS TO DELETE THE PROVISIONS PERTAINING TO THE EXAMINATION OF CHILDREN TWELVE YEARS OF AGE, REQUIRE MEDICAL EVALUATIONS, AND PROVIDE FOR WAIVERS; TO AMEND SECTION 40-25-100, RELATING TO THE ISSUANCE OF LICENSES AND, FOR PERSONS LICENSED IN ANOTHER STATE, OF CERTIFICATES OF ENDORSEMENT, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION AND DELETE THE REQUIREMENTS FOR CHARACTER AND HEALTH; TO AMEND SECTION 40-25-110, RELATING TO QUALIFICATIONS OF APPLICANTS FOR EXAMINATIONS, SO AS TO DELETE OBSOLETE LANGUAGE, CHANGE THE AGE REQUIREMENT FROM TWENTY-ONE TO EIGHTEEN YEARS, DELETE THE HEALTH REQUIREMENT, PROVIDE FOR LICENSING OF AUDIOLOGISTS, AND PROVIDE FOR APPEALS; TO AMEND SECTION 40-25-120, RELATING TO TEMPORARY PERMITS, SO AS TO DELETE THE CHARACTER AND HEALTH REQUIREMENTS AND PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-150, RELATING TO RENEWAL AND DISPLAY OF LICENSES AND CONTINUING EDUCATION, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-160, RELATING TO COMPLAINTS AGAINST LICENSEES AND SUSPENSION AND REVOCATION OF LICENSES, SO AS TO INCREASE THE TIME FOR SERVICE OF A COMPLAINT BEFORE A HEARING FROM TWENTY TO THIRTY DAYS AND PROVIDE FOR REFUNDS; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSION FOR HEARING AID DEALERS AND FITTERS FOR SIX YEARS.
Rep. RAMA proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\N05\7484.BD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-25-20 of the 1976 Code is amended to read:
"Section 40-25-20. As used in this chapter, except as unless the context may require requires otherwise:
(1) 'Department' shall mean means the Department of Health and Environmental Control.
(2) 'Commission' shall mean means the State Commission for Hearing Aid Dealers Specialists and Fitters.
(3) 'License' shall mean means a license issued by the department under this chapter to hearing aid dealers specialists and fitters.
(4) 'Temporary permit' shall mean means a permit issued while the applicant is in training to become a licensed hearing aid dealer specialist and fitter.
(5) 'Hearing aid' shall mean any means an acceptable wearable instrument or device designated for or offered for the purpose of aiding to aid or compensating compensate for impaired human hearing and any parts, attachments, or accessories, including earmold, but excluding batteries and cords.
(6) 'Practice of fitting and dealing specializing in hearing aids' shall mean means the measurement of human hearing by means of an audiometer or by any other established means solely for the purpose of making selections, adaptations, or sale of hearing aids. The term It also includes the making of impressions for earmolds.
(7) 'Sell' or 'sale' shall mean any means the transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or dealers specialists.
(8) 'Audiologist' shall mean means an individual completing satisfactory graduate work and holding a certificate of clinical competence and who is actually engaged in audiologistical practice in this State licensed by the State Board of Examiners in Speech Pathology and Audiology as an audiologist.
(9) 'Otolaryngologist' shall mean means a licensed physician specializing in ear, nose, and throat."
SECTION 2. Section 40-25-30 of the 1976 Code is amended to read:
"Section 40-25-30. The powers and duties of the department are as follows to:
(1) To authorize all disbursements necessary to carry out the provisions of this chapter.;
(2) To supervise issuance of licenses 'by experience' and administer qualifying examinations to test the knowledge and proficiency of applicants licensed by examination.;
(3) To register persons who apply to the department and who are qualified to engage in the fitting and sale of hearing aids.;
(4) To purchase and maintain or rent audiometric equipment and other facilities necessary to carry out the examination of applicants as provided.;
(5) To issue and renew licenses.;
(6) To suspend or revoke licenses in the manner provided. or require that refunds be made;
(7) To designate the time and place for examining applicants.;
(8) To enforce this chapter and appoint representatives an equal number of licensed hearing aid specialists and licensed audiologists who also are licensed hearing aid specialists to conduct or supervise the examination and enforce the provisions of this chapter.;
(9) To make promulgate and publish rules and regulations not inconsistent with the laws of this State which are and necessary to carry out the provisions of this chapter. including the establishment of licensing fees;
(10) To appoint or employ subordinate employees.;
(11) To retain all funds received for administration of the program.;
(12) To require the periodic inspection of audiometric testing equipment and to carry out the periodic inspection of facilities of persons who practice fitting of hearing aids."
SECTION 3. Section 40-25-40 of the 1976 Code is amended to read:
"Section 40-25-40. (1) There shall be established a (A) A Commission of Hearing Aid Dealers Specialists and Fitters which shall is established to guide, advise, and make recommendations to the department.
(2)(B)(1) Members of the commission shall must be residents of the State. The commission shall consist consists of:
(a) four licensed hearing aid dealers specialists, and each of whom shall must be a principal dealer of a different manufacturer's hearing aid;
(b) one otolaryngologist;
(c) one audiologist;
(d) one representative of the general public who is a user of a hearing aid, is not associated with a hearing aid dealer specialist or manufacturer, and is not a member of the other groups or professions required to be represented on the commission; and
(e) the State Health Officer or his designee.
(2) Each hearing aid dealer specialist on the commission shall must have no less than five years of experience as provided under this chapter but an exception shall be the hearing aid dealers and fitters of the first commission appointed who shall have no less than five years of experience and shall fulfill all qualifications for "license by experience" as provided under this chapter.
(3)(C) All appointive members Members of such the commission shall in subsection (B)(1)(a) through (d) must be appointed by the Governor with the advice and consent of the Senate. Provided, that with regard to the one representative of the public, Before appointing the member in subsection (B)(1)(d) the Governor shall invite recommendations from the Commission on Aging, the Department of Consumer Affairs, the Department of Education, the Department of Vocational Rehabilitation, the Board of Commissioners of the School for the Deaf and the Blind, and such other agencies or organizations which might have knowledge of qualified citizens to serve on the commission. The term of office of each member shall be for is four years except that of the members of the first commission appointed under this act three shall be appointed for four years, and three shall be appointed for two years and until their successors are appointed and qualify. Before a member's term expires the Governor shall, with the advice and consent of the Senate, shall appoint a successor to assume his duties at the expiration of the predecessor's term. A vacancy in the office of a member shall must be filled in the same manner as of the original appointment. The members of the commission shall annually shall designate one member to serve as chairman and another to serve as secretary. No member of the commission who has served two or more full terms may be reappointed to the commission until at least one year after the expiration of his most recent full term of office.
(4)(D) Each member of the Commission shall be entitled to the current statutory members may receive per diem plus actual travel expenses of ten cents per mile traveled, and mileage provided by law for members of state boards, committees, and commissions for each day actually spent in the duties of the commission; provided, no. No member shall be entitled to may receive more than fifteen days per diem in any one fiscal year."
SECTION 4. Section 40-25-60 of the 1976 Code is amended to read:
"Section 40-25-60. (1)(A) No person shall may engage in the sale of or practice of fitting hearing aids or display a sign or in any other another way advertise or represent himself as a person who practices the fitting and sale of hearing aids after January 1, 1972, unless he holds an unsuspended, unrevoked license issued by the department as provided in under this chapter. The license number must be listed in an advertisement or a representation. The license shall must be conspicuously posted conspicuously in his office or place of business. Duplicate licenses shall must be issued by the department to valid license holders operating more than one office, without additional payment. A license under this chapter shall confer confers upon the holder the right to select, fit, and sell hearing aids.
(2)(B) Nothing in this chapter shall prohibit prohibits a corporation, partnership, trust, association, or other like organization maintaining an established business address from engaging in the business of selling or offering for sale hearing aids at retail without a license, provided that if it employs only properly licensed natural persons in the direct sale and fitting of such the products. Such corporations, partnerships, trusts, associations or other like organizations shall file annually with the Department and Commission a list of all licensed hearing aid dealers and fitters directly or indirectly employed by it. Such organizations shall also file with the Department and Commission a statement on a form approved by the Commission that they submit themselves to the rules and regulations of the Department and the provisions of this chapter which the Department shall deem applicable to them."
SECTION 5. Section 40-25-70 of the 1976 Code is amended to read:
"Section 40-25-70. (1)(A) Any A person who practices the fitting and sale of hearing aids shall deliver to each a person supplied with a hearing aid a receipt which shall contain contains the licensee's signature and show his business address and, the number of his certificate license, together with specifications as to the make and model of the hearing aid furnished, and full terms of the sale clearly stated. If an aid which is not new is sold, the receipt and the its container thereof shall must be clearly marked clearly as 'used' or 'reconditioned,' whichever is applicable, with terms of guarantee, if any.
(2)(B) The purchaser must be advised at the outset of his relationship with the hearing aid dealer specialist that any an examination or a representation is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this State.
(3) Any person engaging in the fitting and sale of hearing aids will, when dealing with a child twelve years of age or under, ascertain whether the child has been examined by an otolaryngologist for his recommendation within ninety days prior to the fitting. If such not be the case, a recommendation to do so must be made and this fact noted on the receipt.
(C) A person engaged in the work of a hearing aid specialist and fitter shall comply with federal regulations, 21 CFR 801, or related amendments to the regulations. A hearing aid specialist may not sell a hearing aid to a prospective user under eighteen years of age unless he presents to the dealer a written statement signed by a licensed physician stating that the patient's hearing loss has been evaluated medically, and the patient may be considered a candidate for a hearing aid. This evaluation must have taken place within the preceding six months."
SECTION 6. Section 40-25-90 of the 1976 Code is amended to read:
"Section 40-25-90. For a period of six months following after January 1, 1972, an applicant for a license shall must be issued a license one without examination provided if the applicant:
(1) Has been principally has been engaged as a hearing aid dealer specialist and fitter for a total period of at least two years within a period of five years immediately prior to before January 1, 1972.;
(2) is a resident of South Carolina and is of good moral character.;
(3) is twenty-one years of age or older.;
(4) is free of contagious or infectious disease."
SECTION 7. Section 40-25-100 of the 1976 Code is amended to read:
"Section 40-25-100. (1)(A) The department shall register each applicant without discrimination or examination who satisfactorily passes the experience requirement as provided in Section 40-25-90 or passes an examination as provided in Section 40-25-110 and upon the applicant's payment of fifty dollars a fee set by the department through regulation shall issue to the applicant a license signed by the department. The license shall be is effective until January thirtieth of the year following the year in which licensed for one year and expires one year after it is issued.
(2)(B) Whenever When the commission determines that another state or jurisdiction has requirements equivalent to or higher than those in effect pursuant to this chapter and that such the state or jurisdiction has a program equivalent to or stricter than the program for determining whether applicants pursuant to this chapter are qualified to dispense and fit hearing aids, the department may issue certificates of endorsement to applicants who hold current unsuspended and unrevoked certificates or licenses to fit and sell hearing aids in such the other state or jurisdiction if the applicant is eighteen years of age, is a person of good moral character and is free of contagious or infectious disease. No such applicants Applicants for certificate of endorsement shall be are not required to submit to or undergo a qualifying examination, other than the payment of fees pursuant to the provisions of this chapter. The holder of a certificate of endorsement shall must be registered in the same manner as licensees. The fee for issuance of a license based upon an initial certificate of endorsement shall be is the same as the fee for an initial license. Fees, grounds for renewal, and procedures for the suspension and revocation of certificates of endorsement shall be and licenses are the same as for renewal, suspension and revocation of a license."
SECTION 8. Section 40-25-110 of the 1976 Code is amended to read:
"Section 40-25-110. (1) Applicants who do not meet the experience qualification on January 1, 1972 (A) An applicant may obtain a license by successfully passing a qualifying examination, provided the applicant if he:
(a)(1) Is is at least twenty-one eighteen years of age.;
(b) Is of good moral character.
(c)(2) Has has an education equivalent to a four-year course in an accredited high school.
(d) Is free of contagious or infectious disease.
(B) An audiologist licensed under Chapter 67, Title 40 must be issued a license upon application and successful completion of the practical portion of the examination.
(2)(C) Applicant An applicant for license by examination shall appear at a time, place, and before such persons as the department may designate to be examined by means of written and practical tests in order to demonstrate that he is qualified to practice the fitting and sale of hearing aids. The examination administered as directed by the department constituting standards for licensing shall must not be conducted in such a manner so that college training is required in order to pass the examination. Nothing in this examination shall may imply that the applicant shall possess the degree of medical competence normally expected of physicians. If an applicant fails the practical portion of the examination, he may appeal to the commission.
(3)(D) The department shall give examinations at least once a year."
SECTION 9. Section 40-25-120 of the 1976 Code is amended to read:
"Section 40-25-120. (1)(A) Any A person who fulfills the requirements regarding age, character, and education and health as set forth in Section 40-25-110, may obtain a temporary permit upon application to the department. Previous experience or a waiting period shall is not be required to obtain a temporary permit.
(2)(B) Upon receiving an application as provided under this section and accompanied by a fee of twenty-five dollars set by the department through regulation, the department shall issue a temporary permit which shall entitle entitles the applicant to engage in the fitting and sale of hearing aids for a period of one year. A person holding a valid hearing aid dealers specialists and fitters license shall be responsible for the supervision shall supervise and training of such train the applicant and, maintain adequate personal contact, and make annual quarterly reports to the department about the performance of the person holding the temporary permit.
(3)(C) If a person who holds a temporary permit under this section has not successfully passed successfully the licensing examination within one year from the date of issuance, the temporary permit may, at the discretion of the Department, may be renewed, or at the discretion of the Department, the applicant may be permitted to reapply at a later date, at the discretion of the department."
SECTION 10. Section 40-25-150 of the 1976 Code is amended to read:
"Section 40-25-150. (A) Each A person who engages in the fitting and sale of hearing aids shall annually, on or before January thirtieth, the license expiration date shall pay to the department a fee of fifty dollars set by the department through regulation for issuance or a renewal of his license and shall keep the certificate conspicuously. The license must be posted conspicuously in his office or place of business at all times. Where more than one office is operated by the licensee, duplicate certificates licenses must be issued by the department for posting in each location. A thirty-day grace period is allowed after January thirtieth, the license expiration date during which time licenses may be renewed on payment of a fee of sixty dollars to set by the department through regulation. After expiration of the grace period, the department may renew the certificates upon payment of seventy-five dollars to a fee set by the department through regulation. No person who applies for renewal whose license has expired is required to submit to any examination as a condition to renewal, provided if the renewal application is made within two years from the date of the expiration.
(B) Any A licensee or temporary permit holder must shall maintain a progressing level of professional competence by participation during each calendar the previous year of licensing in educational programs designed to keep the licensee informed of changes, current practices, and developments pertaining to the fitting of hearing aids and rehabilitation as appropriate to hearing aid use.
(C) The licensee shall annually shall submit to the commission proof of having participated in a minimum of eight hours of continuing education during the calendar previous year of licensing. A licensee who is granted a license during a calendar year is not required to complete the requirement during that year and the requirement the second full licensing year. The requirement may be fulfilled by attending and participating in training activities, including those accredited by the National Hearing Aid Society, approved by the commission.
(D) Any A person or organization desiring to conduct continuing education training programs must shall submit the programs to the commission for approval prior to their before presentation. The commission shall develop procedures for submitting these requests and for approving or disapproving them.
(E) Failure to complete the minimum educational requirements shall result results in a license suspension until the requirements are met. The commission, upon sufficient cause shown by the licensee, may allow the licensee to make up the necessary hours during the next calendar year of licensing. The make-up allowance shall does not waive the full annual requirements for continued education."
SECTION 11. Section 40-25-160 of the 1976 Code is amended to read:
"Section 40-25-160. (1)(A) Any A person wishing to make a complaint against a licensee under this chapter shall reduce the same to writing and file this a written complaint with the department within one year from the date of the action upon which the complaint is based. If the department determines the charges made in the complaint are sufficient to warrant a hearing to determine whether the license issued under this chapter shall must be suspended or revoked, it shall make an order fixing a time and place for hearing and require the licensee complained against to appear and defend against the complaint. The order and copy of the complaint shall must be served upon the licensee at least twenty thirty days before the date set for hearing, either personally or by registered mail sent to the licensee's last known address. Continuances or adjournment of hearing date shall must be made if for a good cause. At the hearing the licensee complained against may be represented by counsel. The licensee complained against and the department shall have the right to may compel the attendance of witnesses by subpoenas issued by the department under its seal.
(2)(B) Any A person registered under this chapter may have his license revoked or suspended for a fixed period or be required to make a refund by the department for any of the following causes:
(a)(1) The conviction of a felony, or a misdemeanor involving moral turpitude. The record of conviction or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, shall be is conclusive evidence of such the conviction.;
(b)(2) procuring of license by fraud or deceit practiced upon the department.;
(c)(3) unethical conduct, including, but not limited to the following:
(1)(a) The obtaining of any a fee or the making of any a sale by fraud or misrepresentation.;
(2)(b) knowingly employing directly or indirectly any a suspended or unregistered person to perform any work covered by this chapter.;
(3)(c) using or causing or promoting the use of any advertising matter, promotional literatures, or testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is misleading, deceptive, or untruthful.;
(4)(d) advertising a particular model or type of hearing aid for sale when purchasers or prospective purchasers responding to the advertisement cannot purchase the advertised model or type, where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model or type than that advertised.;
(5)(e) representing that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true, or using the words 'doctor,' 'audiologist,' or 'clinic' or similar words, abbreviations, or symbols which tend to connote the medical profession when such the use is not the case. No hearing aid specialist who is not a licensed audiologist may represent himself as a licensed audiologist in the practice of selling hearing aids;
(6)(f) habitual intemperance.;
(7)(g) gross immorality.;
(8)(h) permitting another's use of a license.;
(9)(i) advertising a manufacturer's product or using a manufacturer's name or trademark which implies a relationship with the manufacturer that does not exist.;
(10)(j) directly or indirectly giving or offering to give or permitting or causing to be given money or anything of value to any a person who advises another in a professional capacity as an inducement to influence him or have him influence others to purchase or contract to purchase products sold or offered for sale by a hearing aid dealer specialist or fitter.;
(11)(k) stating or implying that the use of any a hearing aid will restore or preserve hearing, or prevent or retard progression of hearing impairment.;
(d)(4) conducting business while suffering from a contagious or infectious disease.;
(e)(5) engaging in the fitting and sale of hearing aids under a false name or alias with fraudulent intent.;
(f)(6) selling a hearing aid to a person who has not been given tests utilizing appropriate established procedures and instrumentation in fitting of hearing aids, except in cases of selling replacement hearing aids. or where it is medically impossible to conduct routine testing;
(g)(7) gross incompetence or negligence in fitting and selling hearing aids.; or
(h)(8) violating any provisions of this chapter.
(C) If a refund must be made under this section, the department may suspend the license of the person required to make the refund until it is made."
SECTION 12. In accordance with Section 1-20-60 of the 1976 Code, the existence of the State Commission of Hearing Aid Dealers Specialists and Fitters is reauthorized for six years.
SECTION 13. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. RAMA explained the amendment.
The amendment was then adopted.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7439.BD), which was tabled.
Amend the bill, as and if amended, Section 40-25-20(8), SECTION 1, page 3, line 9, after /Audiology/ by inserting /as an audiologist/ so that when amended the item reads:
/(8)'Audiologist' shall mean means an individual completing satisfactory graduate work and holding a certificate of clinical competence and who is actually engaged in audiologistical practice in this State licensed by the State Board of Examiners in Speech Pathology and Audiology as an audiologist./
Amend further, by striking Section 40-25-30(8), SECTION 2, page 3, beginning on line 37, and inserting:
/(8) To enforce this chapter and appoint representatives an equal number of licensed hearing aid dealers and licensed audiologists who also are licensed hearing aid dealers to conduct or supervise the examination and enforce the provisions of this chapter.;/
Amend further, Section 40-25-60(A), SECTION 4, page 6, line 6, after /chapter./ by inserting /The license number must be listed in an advertisement or a representation./ so that when amended the subsection reads:
/(1)(A) No person shall may engage in the sale of or practice of fitting hearing aids or display a sign or in any other another way advertise or represent himself as a person who practices the fitting and sale of hearing aids after January 1, 1972, unless he holds an unsuspended, unrevoked license issued by the department as provided in under this chapter. The license number must be listed in an advertisement or a representation. The license shall must be conspicuously posted conspicuously in his office or place of business. Duplicate licenses shall must be issued by the department to valid license holders operating more than one office, without additional payment. A license under this chapter shall confer confers upon the holder the right to select, fit, and sell hearing aids./
Amend further, Section 40-25-70(A), SECTION 5, beginning on page 6 and line 38, by striking the first sentence of the subsection and inserting /Any A person who practices the fitting and sale of hearing aids shall deliver to each a person supplied with a hearing aid a receipt which shall contain contains the licensee's signature and show his business address and, the number of his certificate license, together with specifications as to the make and model of the hearing aid furnished, and full terms of the sale clearly stated./ so that when amended the subsection reads:
/(1)(A) Any A person who practices the fitting and sale of hearing aids shall deliver to each a person supplied with a hearing aid a receipt which shall contain contains the licensee's signature and show his business address and, the number of his certificate license, together with specifications as to the make and model of the hearing aid furnished, and full terms of the sale clearly stated. If an aid which is not new is sold, the receipt and the its container thereof shall must be clearly marked clearly as 'used' or 'reconditioned,' whichever is applicable, with terms of guarantee, if any./
Amend further, by striking Section 40-25-70(C), SECTION 5, beginning on page 7 and line 21, and inserting:
/(C) A person engaged in the work of a hearing aid dealer and fitter shall comply with federal regulations, 21 CFR 801, or related amendments to the regulations. A hearing aid dealer may not sell a hearing aid to a prospective user under eighteen years of age unless he presents to the dealer a written statement signed by a licensed physician stating that the patient's hearing loss has been evaluated medically, and the patient may be considered a candidate for a hearing aid. This evaluation must have taken place within the preceding six months./
Amend further, Section 40-25-100(A), SECTION 6, page 8, by striking the sentence beginning on line 16, and inserting /The license shall be is effective until January thirtieth of the year following the year in which licensed for one year and expires one year after it is issued./ so that when amended the subsection reads:
/(1)(A) The department shall register each applicant without discrimination or examination who satisfactorily passes the experience requirement as provided in Section 40-25-90 or passes an examination as provided in Section 40-25-110 and upon the applicant's payment of fifty dollars a fee set by the department through regulation shall issue to the applicant a license signed by the department. The license shall be is effective until January thirtieth of the year following the year in which licensed for one year and expires one year after it is issued./
Amend further, by striking Section 40-25-110(B), SECTION 7, page 9, beginning on line 19, and inserting:
/(B) An audiologist licensed under Chapter 67, Title 40 must be issued a license upon application and successful completion of the practical portion of the examination./
Amend further, Section 40-25-120(B), SECTION 8, page 10, line 18, by striking /annual/ and inserting /annual quarterly/ so that when amended the subsection reads:
/(2)(B) Upon receiving an application as provided under this section and accompanied by a fee of twenty-five dollars set by the department through regulation, the department shall issue a temporary permit which shall entitle entitles the applicant to engage in the fitting and sale of hearing aids for a period of one year. A person holding a valid hearing aid dealers and fitters license shall be responsible for the supervision shall supervise and training of such train the applicant and, maintain adequate personal contact, and make annual quarterly reports to the department about the performance of the person holding the temporary permit./
Amend further, Section 40-25-150(A), SECTION 9, page 10, beginning on line 36, by striking /January thirtieth, thirty-first/ and inserting /January thirtieth, the license expiration date/ and page 11, beginning on line 2, by striking /January thirtieth,/ and inserting /January thirtieth, the license expiration date/ so that when amended the subsection reads:
/(A) Each A person who engages in the fitting and sale of hearing aids shall annually, on or before January thirtieth, the license expiration date shall pay to the department a fee of fifty dollars set by the department through regulation for issuance or a renewal of his license and shall keep the certificate conspicuously. The license must be posted conspicuously in his office or place of business at all times. Where more than one office is operated by the licensee, duplicate certificates licenses must be issued by the department for posting in each location. A thirty-day grace period is allowed after January thirtieth, the license expiration date during which time licenses may be renewed on payment of a fee of sixty dollars to set by the department through regulation. After expiration of the grace period, the department may renew the certificates upon payment of seventy-five dollars to a fee set by the department through regulation. No person who applies for renewal whose license has expired is required to submit to any examination as a condition to renewal, provided if the renewal application is made within two years from the date of the expiration./
Amend further, Section 40-25-150(B), SECTION 9, page 11, line 17, by striking /each calendar year/ and inserting /each calendar the previous year of licensing/ so that when amended the subsection reads:
/(B) Any A licensee or temporary permit holder must shall maintain a progressing level of professional competence by participation during each calendar the previous year of licensing in educational programs designed to keep the licensee informed of changes, current practices, and developments pertaining to the fitting of hearing aids and rehabilitation as appropriate to hearing aid use./
Amend further, by striking Section 40-25-150(C), SECTION 9, page 11, beginning on line 22, and inserting:
/(C) The licensee shall annually shall submit to the commission proof of having participated in a minimum of eight hours of continuing education during the calendar previous year of licensing. A licensee who is granted a license during a calendar year is not required to complete the requirement during that year and the requirement the second full licensing year. The requirement may be fulfilled by attending and participating in training activities, including those accredited by the National Hearing Aid Society, approved by the commission./
Amend further, Section 40-25-150(E), SECTION 9, page 11, line 44, by striking /calendar year/ and inserting /calendar year of licensing/so that when amended the subsection reads:
/(E) Failure to complete the minimum educational requirements shall result results in a license suspension until the requirements are met. The commission, upon sufficient cause shown by the licensee, may allow the licensee to make up the necessary hours during the next calendar year of licensing. The make-up allowance shall does not waive the full annual requirements for continued education./
Amend further, Section 40-25-160(B)(3)(e), SECTION 10, page 13, line 26, by striking /,' 'audiologist,/ and inserting line 29 by striking /./ and inserting /. No hearing aid dealer who is not a licensed audiologist may represent himself as a licensed audiologist in the practice of selling hearing aids/ so that when amended the subitem reads:
/(5)(e) representing that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true, or using the words 'doctor,' 'audiologist,' or 'clinic' or similar words, abbreviations, or symbols which tend to connote the medical profession when such the use is not the case. No hearing aid dealer who is not a licensed audiologist may represent himself as a licensed audiologist in the practice of selling hearing aids;/
Amend further, Section 40-25-160(B)(6), SECTION 10, page 14, line 16, after /aids./ by inserting /or where it is medically impossible to conduct routine testing/ so that when amended the item reads:
/(f)(6) selling a hearing aid to a person who has not been given tests utilizing appropriate established procedures and instrumentation in fitting of hearing aids, except in cases of selling replacement hearing aids. or where it is medically impossible to conduct routine testing;/
Amend title to conform.
Rep. RAMA moved to table the amendment, which was agreed to.
Reps. NEILSON, GREGORY, WELLS, WRIGHT and CARNELL proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\3344.BD), which was adopted.
Amend the report, as and if amended, by striking Section 40-25-110(B), beginning on page 3381-3 and line 43, and inserting:
/(B) An audiologist licensed under Chapter 67, Title 40 must be issued a license upon application without examination./
Amend title to conform.
Rep. NEILSON explained the amendment.
Rep. RAMA spoke against the amendment and moved to table the amendment.
Rep. NEILSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Bailey, K. Baker Bennett Boan Burch Cato Chamblee Cooper Elliott, D. Elliott, L. Felder Gonzales Harrison Haskins Hodges Johnson, J.W. Kirsh Klapman Mattos McAbee McTeer Nettles Quinn Rama Rhoad Ross Rudnick Sharpe Sheheen Snow Vaughn Waldrop Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, J. Baxley Beasley Brown, G. Brown, H. Brown, J. Carnell Clyborne Corbett Corning Cromer Farr Foster Fulmer Glover Hallman Harris, J. Harwell Hayes Hendricks Holt Inabinett Jaskwhich Jennings Johnson, J.C. Keegan Keesley Kempe Keyserling Kinon Littlejohn Manly Marchbanks Martin, D. Martin, L. McCain McCraw McKay Meacham Neilson Phillips Scott Shirley Smith Waites Wells White Wright
So, the House refused to table the amendment.
Reps. QUINN, KLAPMAN and VAUGHN objected to the Bill.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. CHAMBLEE, HARRISON, COOPER and GONZALES objected to the Bill.
The following Bill was taken up.
H. 3701 -- Reps. R. Young, Fulmer, Rama, Hallman and Gonzales: A BILL TO AMEND SECTION 57-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION CARDS ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR NONDRIVERS, SO AS TO WAIVE THE FEE FOR PERSONS WHO ARE MENTALLY ILL OR MENTALLY RETARDED.
Rep. FARR proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9385.AC), which was adopted.
Amend the bill, as and if amended, on line 31 after /retarded/ by adding /provided the person presents a physician's statement verifying the person's mental illness or mental retardation/.
Amend title to conform.
Rep. FARR explained the amendment.
The amendment was then adopted.
Rep. WAITES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\11649.DW).
Amend the bill, as and if amended, page 1, by striking the second paragraph of Section 57-3-910 of the 1976 Code, as contained in SECTION 1, lines 24 through 31, and inserting:
/The fee for the issuance of the special identification card is five dollars and the identification card expires five years from the date of issuance. The renewal fee is also five dollars. The department shall retain the fee to defray costs of providing the identification cards. Issuance and renewal fees are waived for persons who are mentally ill, mentally retarded, or homeless. For purposes of this section, a homeless person is an individual which lacks a fixed, regular, and adequate nighttime residence or an individual which has a primary nighttime residence that is:
(1) a supervised publicly or privately operated shelter designed to provided temporary living accommodations, including welfare hotels, congregated shelters, and transitional housing;
(2) an institution that provides a temporary residence for individuals intended to be institutionalized; or
(3) a public or private place not designed for, or ordinarily used as, regular sleeping accommodations for human beings.
The term does not include any individual imprisoned or otherwise detained pursuant to an act of Congress. A homeless person does mean an individual or family without a permanent address or who is not paying for his housing. This includes people who are turned away from shelters for lack of space and/or those who are sleeping on the couches of friends and family members. Annually, the director of a facility which provides care or shelter to homeless persons must certify this fact to the Department of Highways and Public Transportation. To have the issuance or renewal fee waived for an identification card, a homeless person must present a letter to the department of Highways and Public Transportation from the director of a facility that provides care or shelter to homeless persons certifying that the person named in the letter is homeless. The signature of the director must be notarized and the date of the letter may not be older than thirty days./
Amend title to conform.
Rep. WAITES explained the amendment.
Rep. HASKINS spoke against the amendment.
Rep. WAITES spoke in favor of the amendment.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 2, Rep. WAITES having the floor.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT; AND TO AMEND CHAPTER 7 OF TITLE 12 BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE FOR A CHECKOFF ON STATE TAX RETURNS FOR CONTRIBUTIONS MADE TO THE SOLID WASTE MANAGEMENT TRUST FUND.
Rep. FAIR moved that the House recur to the morning hour, which was agreed to.
Rep. HUFF, from the Aiken Delegation, submitted a favorable report, with amendments, on:
S. 778 -- Senators Moore, Setzler and Shealy: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR AIKEN COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF AIKEN COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION AND PROVIDE A TRANSITION PERIOD.
On motion of Rep. HUFF, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 778 -- Senators Moore, Setzler and Shealy: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR AIKEN COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF AIKEN COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION AND PROVIDE A TRANSITION PERIOD.
Rep. RUDNICK proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18481.SD), which was adopted.
Amend the bill, as and if amended, by striking Sections 3 and 4 and inserting:
/SECTION 3. The current members of the Aiken County Election Commission and the Aiken County Registration Board shall act as the governing commission of the new Aiken County Registration and Elections Commission established herein until such time as the seven members of this commission appointed in the manner provided by this act take office. At this time, the terms of these former commissioners of election and registration board members shall expire.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Reps. RUDNICK and HUFF proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\18452.SD), which was adopted.
Amend the bill, as and if amended, in Section 1, by striking subsection (B) in its entirety.
Renumber subsections to conform.
Amend title to conform.
Rep. HUFF proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\18454.SD), which was adopted.
Amend the bill, as and if amended, in Section 1, by striking subsection (A) and inserting:
/(A) There is created the Registration and Elections Commission for Aiken County. There are seven members of the commission who must be appointed by the Governor upon recommendation of a majority of the Aiken County Legislative Delegation, including the Senators, who are appointed for terms of four years and until their successors are appointed and qualify, except that of those first appointed, three members must be appointed for initial terms of two years each, the initial terms of all members to be designated by the appointing authority./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. RUDNICK, with unanimous consent, it was ordered that S. 778 be read the third time tomorrow.
The following Bill was introduced, read the first time and referred to appropriate committee:
H. 3936 -- Reps. Ross and T.C. Alexander: A BILL TO ALLOW THE SCHOOL DISTRICT OF OCONEE COUNTY TO RECEIVE BIDS ON MORE THAN ONE ISSUE OF GENERAL OBLIGATION BONDS AT A TIME AND TO AUTHORIZE THE DISTRICT TO REQUIRE BIDDERS TO SUBMIT PROPOSALS FOR ALL BONDS ISSUED AS THOUGH THE BONDS WERE OF A SINGLE ISSUE.
On motion of Rep. ROSS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. WAITES having the floor.
H. 3701 -- Reps. R. Young, Fulmer, Rama, Hallman and Gonzales: A BILL TO AMEND SECTION 57-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION CARDS ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR NONDRIVERS, SO AS TO WAIVE THE FEE FOR PERSONS WHO ARE MENTALLY ILL OR MENTALLY RETARDED.
Rep. HASKINS moved to adjourn debate upon the Bill until Tuesday, April 23, which was adopted.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 793 -- Senators Washington and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 IN CHAPTER 13, TITLE 51, RELATING TO REGIONAL DISTRICTS, COMMISSIONS, AND AUTHORITIES FOR PURPOSES OF PARKS, RECREATION, AND TOURISM, SO AS TO ESTABLISH THE LOWCOUNTRY AND RESORT ISLANDS TOURISM COMMISSION AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
H. 3273 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
On motion of Rep. McTEER, with unanimous consent, it was ordered that S. 793 be read the third time tomorrow.
The following Bill was taken up.
H. 3627 -- Reps. McAbee, Altman, Chamblee, D. Elliott, Felder, Gonzales, Harwell, Holt, Jaskwhich, Keegan, Phillips, Rama, Sharpe, Snow and White: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIONS TAX, SO AS TO PROVIDE FOR THE TAX FOR CERTAIN TOURISM OR RECREATION FACILITIES AND DELETE OBSOLETE LANGUAGE.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7449.BD), which was adopted.
Amend the bill, as and if amended, by striking all after the title and inserting:
/Whereas, tourism is a principal industry in South Carolina, and incentives which stimulate the tourism industry contribute to a healthy economy in the State and to the public good generally; and
Whereas, South Carolina has the potential for attracting convention business, a theme park, a large sports complex, or other tourism or recreation attraction of a size and quality as to have a major impact upon the state's economy; and
Whereas, these tourism and recreation facilities require sufficient local resources to provide additional infrastructure adequate to accommodate members of the public patronizing the facilities and citizens of South Carolina employed at the facilities; and
Whereas, the purpose of this act is to provide local governments with supplemental sources of funds with which to provide additional infrastructure improvements in areas impacted by major tourism or recreation projects by paying to the county or municipality where the project is located one-half of the amounts payable to the South Carolina Tax Commission with respect to the facilities. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The provision of the first paragraph of Section 12-21-2420 of the 1976 Code which precedes item (1) is amended to read:
"There shall must be levied, assessed, collected, and paid upon all paid admissions to all places of amusement within this State a license tax of seven percent until December 31, 1975; five percent from January 1, 1976, until December 31, 1976; and four percent in each year thereafter; provided, that the tax on admissions to motion picture theaters levied in this section shall not exceed four percent at any time and provided, further, that. However, an amount equal to one-half of the license tax on admissions to a major tourism or recreation facility collected by the south Carolina Tax Commission beginning when the facility is open to the general public and ending fifteen years after the end of the five year period described in this section must be paid to the county or municipality in which the major tourism or recreation facility is located to be used directly or indirectly for additional infrastructure improvements. If the facility is located in an unincorporated area of a county, the payment must be made to the county governing body and, if located within the corporate limits of a municipality, the payment must be made to the municipal governing body. For purposes of this section 'major tourism or recreation facility' means an establishment to which an aggregate investment in land and new capital assets or in refurbishing or expanding an existing facility of at least twenty million dollars is made within a five-year period and which is used for a theme park, an amusement park, an historical, an educational, or a trade museum, a botanical or zoological garden, a cultural center, a theater, a motion picture production studio, a convention center, an arena, an auditorium, or a spectator or participatory sports facility and similar establishments. Secondary support facilities such as food and retail services located within or immediately adjacent to and which directly support the primary 'tourism or recreation facility' are included as part of the aggregate investment of at least twenty million dollars for the primary tourism or recreation facility. For purposes of this section 'additional infrastructure improvement' means a publicly-owned road, a right-of-way, a bridge, a water and sewer facility, an electric or a gas facility, a landfill or waste treatment facility, a hospital or other medical facility, a fire station, a school, a transportation facility, or similar infrastructure facility, including, but not limited to, a publicly-owned tourism or recreation facility which generated the admissions tax from which funds were paid to a county or municipality. This section does not prohibit a county or municipal governing body from sharing funds received from the payments to an adjacent county or municipal governing body to provide additional infrastructure facilities or services in support of a tourism or recreation facility that generates the admission tax revenues responsible for the payments. However, no tax shall may be charged or collected:"
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\3349.BD).
Amend the bill, as and if amended, by striking all after the title and inserting:
/Whereas, tourism is a principal industry in South Carolina, and incentives which stimulate the tourism industry contribute to a healthy economy in the State and to the public good generally; and
Whereas, South Carolina has the potential for attracting convention business, a theme park, a large sports complex, or other tourism or recreation attraction of a size and quality as to have a major impact upon the state's economy; and
Whereas, these tourism and recreation facilities require sufficient local resources and multi-jurisdictional cooperation to provide additional infrastructure adequate to accommodate members of the public patronizing the facilities and citizens of South Carolina employed at the facilities; and
Whereas, the purpose of this act is to provide local governments in the region with supplemental sources of funds with which to provide additional infrastructure improvements in areas impacted by major tourism or recreation projects; and
Whereas, in some cases the additional infrastructure improvements require the regional cooperation of local governments in the provision of infrastructure support. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The provision of the first paragraph of Section 12-21-2420 of the 1976 Code which precedes item (1) is amended to read:
"There shall must be levied, assessed, collected, and paid upon all paid admissions to all places of amusement within this State a license tax of seven percent until December 31, 1975; five percent from January 1, 1976, until December 31, 1976; and four percent in each year thereafter; provided, that the tax on admissions to motion picture theaters levied in this section shall not exceed four percent at any time and provided, further, that. However, an amount equal to one-half of the license tax on admissions to a major tourism or recreation facility collected by the South Carolina Tax Commission beginning when the facility is open to the general public and ending fifteen years after the end of the five-year period described in this section must be transferred to the State Treasurer to be deposited into a special tourism infrastructure development fund and distributed pursuant to the approval of the South Carolina Coordinating Council for Economic Development as provided in this section. Deposits into the fund must be separated into special accounts based on which facility generated the transfer. Local units of governments within fifteen miles of a major tourism or recreation facility may apply to the council for infrastructure development grants from the special account for which they are eligible. The amount of the funds received by each of the eligible local governments must be determined by the council based upon its review of a grant application submitted by each government. After approval of a grant application the council may approve the release of funds to eligible local governments. Funds must be used directly or indirectly for additional infrastructure improvements in the order of priority provided in this section. The council shall adopt guidelines to administer the fund including, but not limited to, tourism infrastructure development grant application criteria for review and approval of grant applications. Expenses incurred by the council in administering the fund may be paid from the fund.
For purposes of this section 'major tourism or recreation facility' means an establishment to which an aggregate investment in land and new capital assets or in refurbishing or expanding an existing facility of at least twenty million dollars is made within a five-year period and which is used for a theme park, an amusement park, an historical, an educational, or a trade museum, a botanical or zoological garden, a cultural center, a theater, a motion picture production studio, a convention center, an arena, an auditorium, or a spectator or participatory sports facility and similar establishments. Secondary support facilities such as food and retail services located within or immediately adjacent to and which directly support the primary 'tourism or recreation facility' are included as part of the aggregate investment of at least twenty million dollars for the primary tourism or recreation facility. For purposes of this section and in the following order of priority 'additional infrastructure improvement' means a publicly-owned road, a right-of-way, a bridge, a water and sewer facility, an electric or a gas facility, a landfill or waste treatment facility, a hospital or other medical facility, a fire station, a school, a transportation facility, or similar infrastructure facility, including, but not limited to, a publicly-owned tourism or recreation facility which generated the admissions tax from which funds were paid to a county, municipality, or special purpose district. However, no tax shall may be charged or collected:"
SECTION 2. Section 41-45-20 of the 1976 Code is amended to read:
"Section 41-45-20. (A) The council shall meet at least quarterly and is charged with the duty of enhancing shall enhance the economic growth and development of the State through strategic planning and coordination of the activities of various state and local agencies which shall include:
(a)(1) the development of an annual state plan for economic development;
(b)(2) an annual review of economic development activities for the previous year;
(c)(3) the coordination of economic development activities on the state and local level, based on a partnership between public agencies and private organizations and businesses;
(d)(4) the use of federal funds, foundation grants, and private funds to enhance economic growth and development in the State;
(e)(5) the evaluation of plans and programs in terms of their compatibility with state objectives and priorities.;
(6) approval of infrastructure development grants for local units of government pursuant to Section 12-21-2420.
(B) The council may not engage in the delivery of services."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. BOAN explained the amendment.
Rep. HOLT moved to table the amendment, which was not agreed to by a division vote of 7 to 53.
Reps. WHIPPER, INABINETT, D. MARTIN, CORK, J. BAILEY, HOLT, GONZALES, HALLMAN, RAMA, and FULMER objected to the Bill.
Rep. FAIR moved to adjourn debate upon the following Bill until Tuesday, April 23, which was adopted.
H. 3276 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.
The following Bill was taken up.
H. 3096 -- Reps. Keyserling, Baxley, Boan, Corning, D. Elliott, Haskins, Jaskwhich, Keegan, Kempe, Mattos, McElveen, McTeer, Meacham, Rama, J. Rogers, T. Rogers, Rudnick, Sheheen, Waites, Wilder, Cork, Manly, Cromer, Whipper and J.W. Johnson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-2417 SO AS TO PROVIDE FOR A DEDUCTION FROM STATE INCOME TAX REFUNDS OR A CONTRIBUTION TO BE ADDED TO STATE INCOME TAX PAYMENTS FOR THE SUPPORT OF THE SOLID WASTE MANAGEMENT TRUST FUND; AND TO AMEND SECTION 16-11-700, AS AMENDED, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS.
Rep. KEYSERLING moved to table the Bill, which was agreed to.
Rep. CARNELL moved to adjourn debate upon the following Bill until Tuesday, April 23, which was adopted.
S. 349 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITABLE SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT EMPLOYMENT BY A REDEVELOPMENT COMMISSION CREATED BY A MUNICIPAL GOVERNING BODY IS CONSIDERED CREDITABLE SERVICE UPON PAYMENT OF THE AMOUNT REQUIRED BY LAW FOR ESTABLISHING CREDITABLE SERVICE.
The following Joint Resolution was taken up.
S. 393 -- Senators Martschink, Shealy and Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT FOR TAXPAYERS, PERSONAL REPRESENTATIVES, AND TRUSTEES WHO ARE IN THE REGULAR MILITARY, RESERVES, OR NATIONAL GUARD AND STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD, THE SOUTH CAROLINA TAX COMMISSION SHALL CONFORM TO THE ACTIONS OF THE INTERNAL REVENUE SERVICE AND TO AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 WITH RESPECT TO TIME FOR FILING INDIVIDUAL AND FIDUCIARY INCOME TAX RETURNS AND PAYING INDIVIDUAL INCOME AND FIDUCIARY INCOME TAXES, TO EXTEND THIS CONFORMITY TO CORPORATE INCOME AND LICENSE TAX RETURNS AND CORPORATE INCOME AND LICENSE TAXES WHERE ALL CORPORATE OFFICERS ARE STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD AND TO EXTEND THE TIME FOR PAYING PROPERTY TAXES AND FILING PROPERTY TAX RETURNS FOR THOSE INDIVIDUALS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5571.HC), which was adopted.
Amend the resolution, as and if amended, by striking Section 1 and inserting:
/SECTION 1. (A) In the case of a taxpayer, personal representative, or trustee who is a member of the regular military, reserves, or national guard and serving in Operation Desert Shield or called to active duty as a result of Operation Desert Shield, the South Carolina Tax Commission shall conform to the actions of the Internal Revenue Service and to amendments to the Internal Revenue Code of 1986 with respect to:
(1) extensions of time to file without penalty 1990 individual income tax returns and 1990 fiduciary income tax returns; and
(2) extensions of time to pay, including any waiver of penalties and interest, 1990 individual income taxes and 1990 fiduciary income taxes.
(B) The provisions of this section extend to corporate income and license tax returns and corporate income and license taxes where all corporate officers are in the regular military, reserves, or national guard and serving in Operation Desert Shield or called to active duty as a result of Operation Desert Shield.
Amend further, by striking SECTION 3 and inserting:
/SECTION 3. The South Carolina Tax Commission may adopt for purposes of the tax laws of this State any filing date extensions for federal taxes enacted by the Congress of the United States which allow military personnel participating in Operation Desert Shield and Operation Desert Storm additional time for filing a return or paying any tax.
SECTION 4. This joint resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 393 be read the third time tomorrow.
The following Bill was taken up.
S. 534 -- Senators Helmly, Land, Rose, Passailaigue and Long: A BILL TO AMEND SECTION 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING REQUIREMENTS FROM CERTAIN PAYMENTS FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT THE EXEMPTION FROM WITHHOLDING REQUIREMENTS OF UTILITIES HIRING OR CONTRACTING WITH NONRESIDENT UTILITIES TO PERFORM SERVICES OF A TEMPORARY NATURE RELATING TO DAMAGE CAUSED BY NATURAL FORCES ALSO APPLIES TO COUNTIES MAKING SUCH PAYMENTS TO A PERSON NOT IN ITS REGULAR EMPLOY, AND TO PROVIDE THAT THESE PROVISIONS RELATING TO COUNTIES ARE RETROACTIVE TO DECEMBER 31, 1988.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5528.HC), which was adopted.
Amend the bill, as and if amended, by striking Section 1 and inserting:
/SECTION 1. Section 12-9-310 of the 1976 Code, as last amended by Act 424 of 1990, is further amended to read:
"Section 12-9-310. (A) Every person, firm, corporation, association, joint-stock company, partnership, fiduciary, or the State of South Carolina, or any political subdivision of the State or any agency or any instrumentality or authority thereof, and any municipality, located within or doing business within the State, having an income within the State or having an employee earning income within this State, or in any manner whatever subject to the jurisdiction of this State, the United States or any political subdivision thereof, or any instrumentality or agency of the United States or any political subdivision thereof, or any other state or political subdivision or instrumentality or agency thereof:
(1) making payment of wages at the rate of eight hundred dollars or more per year subject to withholding shall deduct and withhold upon such wages an estimated income tax determined in accordance with tables and rules promulgated by the commission; but the commission may, in its discretion, exempt an employer from the provisions hereof who makes payment of wages to a legal resident of South Carolina, where such resident is employed in another state having income taxes withheld therein for the other state from the wages of the legal resident of this State;
(2) making payments to a nonresident of rentals or royalties at the rate of eight hundred dollars or more a year for the use of or for the privilege of using property in this State, or making payments of prizes or winnings to a resident or nonresident, shall withhold seven percent of the total amount of each payment. The rental of residential housing units, when four or fewer units are owned by a nonresident, is not subject to withholding under this section. For payments to a corporation the withholding must be at the rate of six percent. In regard to bingo prizes or winnings paid to residents or nonresidents of this State, seven percent of the total amount of each payment of five hundred dollars or more must be withheld. The provisions of this item do not apply to spectator sporting events for which an admission is charged;
(3) hiring or contracting or having a contract with any a nonresident taxpayer conducting a business or performing personal services of a temporary nature carried on within this State, where the contract exceeds ten thousand dollars or reasonably could reasonably be expected to exceed ten thousand dollars, must withhold two percent of each and every payment made to these nonresidents. The provisions of item (3) do
This item does not apply to a utility hiring or contracting or having a contract with any nonresident utility or to a county hiring or contracting with a person not in its regular employ to perform services of a temporary nature relating to damage caused by natural forces. For purposes of this provision item: (a) 'natural forces' means conflagration, flood, storm, earthquake, hurricane, or other public calamity,; and (b) 'utility' means any a person, public utility, electric cooperative, special purpose district, authority, or political subdivision producing, storing, conveying, transmitting, or distributing communication, electricity, gas, water, steam, or sewerage; and
(c) 'county' means a county of this State.
This item also does not apply to amounts paid to:
a nonresident contractor performing work under a contract with the South Carolina Department of Highways and Public Transportation; and
a nonresident subcontractor performing work for a contractor who is operating under a contract with the South Carolina Department of Highways and Public Transportation.
(4) making any distribution of South Carolina taxable income to a nonresident beneficiary of any estate or trust shall withhold from the distribution seven percent of the beneficiary's South Carolina taxable income attributable to the distribution. The amounts withheld must be paid over each year to the commission with the annual tax return of the estate or trust. The nonresident beneficiary may claim the amount withheld as a credit against any South Carolina income tax liability and shall receive a refund of any excess. A trust that is exempt from taxation pursuant to Internal Revenue Code Section 501 is not subject to this item.
(B) The conditions set forth in items (2) and (3) of subsection (A) of this section may be waived by the commission, provided the payee shall insure the commission by bond, secured by an insurance company licensed by the South Carolina Insurance Commission, or deposit of securities subject to approval by the State Treasurer, or cash which shall not bear interest, that the payee will comply with all applicable provisions of Chapter 5 of this title and with the withholding requirements insofar as his obligations as a withholding agent are concerned."/
Amend further, by striking Section 2 and inserting:
/SECTION 2. The provisions of Section 12-9-310(A)(3) of the 1976 Code, as amended by Section 1 of this act, are effective in regard to payments made by a county to another person on or after December 31, 1988./
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5579.HC), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ( ). (A) Article 5, Chapter 12, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-905. Notwithstanding any other provision of this title, every person required by law to make a property tax return to the county auditor must file the return with the county auditor on or before April thirtieth for property owned as of the preceding December thirty-first."
(B) Upon approval by the Governor, this section is effective for taxable years beginning after 1989./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH 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. WOFFORD, with unanimous consent, it was ordered that S. 534 be read the third time tomorrow.
The following was received.
Columbia, S.C., April 18, 1991
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. M.O. ALEXANDER, the invitation was accepted.
Rep. FAIR moved that upon the completion of the Ratification of Acts, that the House stand adjourned, which was agreed to.
The following Bill was taken up.
H. 3711 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 50 SO AS TO PROVIDE FOR THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991.
Rep. RHOAD proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7435.BD), which was adopted.
Amend the bill, as and if amended, by striking Section 50-20-110, SECTION 1, page 6, beginning on line 8, and inserting:
/Section 50-20-110. (A) A Marine Recreational Fisheries Advisory Board is established to assist in prioritizing the expenditures of monies received in the special account. The board is composed of:
(1) one member of the South Carolina Wildlife and Marine Resources Commission;
(2) one at-large member appointed by the Governor;
(3) one member from each of the following coastal counties appointed by a majority of the respective legislative delegations: Beaufort, Charleston, Colleton, Georgetown, Horry, and Jasper.
(B) The members in subsection (A)(2) and (3) shall represent the marine recreational fishing community.
(C) Official expenses for board members are as provided by law for state employees on public business and must be paid from revenues from the sale of stamps, permits, prints, and related articles.
(D) The terms of members in subsection (A)(2) and (3) are for four years and are limited to two consecutive terms./
Amend further, by deleting SECTION 2, page 6, beginning on line 32.
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted.
Rep. WOFFORD proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7452.BD), which was adopted.
Amend the bill, as and if amended, by striking Section 50-20-20(3), SECTION 1, page 2, beginning on line 40 and inserting:
/(3) 'Marine fish' includes all species of finfish, oysters, and clams in South Carolina's tidal waters./
Amend title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. RHOAD asked unanimous consent that H. 3711 be read a third time tomorrow.
Rep. KLAPMAN objected.
The following Bill was taken up.
H. 3076 -- Reps. P. Harris, Carnell, J. Harris, Waites, Whipper and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 44 SO AS TO PROVIDE PROCEDURES FOR THE COMMITMENT OF CHILDREN IN NEED OF MENTAL HEALTH TREATMENT.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7372.BD), which was adopted.
Amend the bill, as and if amended, Section 44-24-60(F), SECTION 1, page 7, line 35, by striking /twenty/ and inserting /fifteen/ so that when amended Section 44-24-60(F) reads:
/(F) Within forty-eight hours of receipt of the application and certification exclusive of Saturdays, Sundays, and legal holidays, the court shall conduct a preliminary review of the evidence to determine if probable cause exists to continue the emergency detention of the child. If the court finds that probable cause does not exist, it shall issue an order of release for the child. Upon a finding of probable cause, the court shall make a written order detailing its findings and may order the continued detention of the child. The court shall appoint counsel for the child if he has not retained counsel and fix a date for a full hearing to be held within fifteen days from the date of his admission./
Amend further, Section 44-24-60(H), SECTION 1, beginning on page 7 and line 44, by striking /, exclusive of Saturdays, Sundays, and legal holidays,/ and page 8, line 4, by striking /the time allotted above/ and inserting /five days/ so that when amended Section 44-24-60(H) reads:
/(H) If the court appoints these two examiners, the examination must be performed at the place of admission and a report must be submitted to the court within seven days from the date of admission. The court may appoint independent examiners who shall submit a report to the court within five days. In the process of the examination by the examiners, previous treatment records must be considered. At least one of the examiners appointed by the court must be a licensed physician./
Amend further, Section 44-24-230, SECTION 1, page 15, line 36, by striking /The/ and inserting /Based on available resources and to the extent funds are made available to the department by the General Assembly, the/ so that when amended Section 44-24-230 reads:
/Section 44-24-230. In order to provide community-based treatment as an alternative to hospitalization, the department shall provide or cause to be provided a range of mental health programs for children in each mental health center recognized by the State. Based on available resources and to the extent funds are made available to the department by the General Assembly, the programs must include, but are not limited to:
(1) twenty-four hour emergency assessment;
(2) crisis stabilization;
(3) in-home intervention;
(4) therapeutic foster care;
(5) outpatient counseling, diagnostic evaluation, including psychological testing when required, and psychiatric assessment and evaluation;
(6) consultation with other agencies serving the child./
Amend further, Section 44-24-280, SECTION 1, page 17, beginning on line 36, by striking /corporal punishment,/ and page 18, line 4, after /designee./ by inserting /No child in an inpatient treatment facility of the department may be subjected to corporal punishment./ so that when amended Section 44-24-280 reads:
/Section 44-24-280. No child may be subjected to mechanical or chemical restraints, seclusion, or another form of physical coercion or restraint unless the action is authorized by a physician as being required to prevent a child from taking actions which are dangerous to himself or to others or prevent an imminent and substantial disruption of the therapeutic setting of the facility. The authorization for the action must be entered in the child's record within one hour of the action. The authorizations are not valid for more than eight hours unless approved by the facility director or his designee. No child in an inpatient treatment facility of the department may be subjected to corporal punishment./
Amend further, page 18, by striking lines 16 through 17 which read:
/SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WOFFORD 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. WOFFORD, with unanimous consent, it was ordered that H. 3076 be read the third time tomorrow.
At 11:30 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R48) S. 745 -- Senators Helmly and Rose: AN ACT TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS, SO AS TO REVISE THE AREAS FOR BERKELEY COUNTY.
(R49) S. 22 -- Senator Passailaigue: AN ACT TO AMEND SECTION 40-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS OF CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO REVISE THE EDUCATIONAL REQUIREMENTS; AND SECTION 40-1-240, RELATING TO THE WAIVER OF THE EXAMINATION FOR ACCOUNTANTS AND THE REQUIREMENTS FOR NONRESIDENTS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A WAIVER IS ALLOWED.
(R50) S. 422 -- Senator Land: AN ACT TO AMEND SECTION 40-7-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A BARBER TO TRAIN A STUDENT, SO AS TO AUTHORIZE A REGISTERED BARBER TO TRAIN NO MORE THAN TWO STUDENTS AT A TIME IF EACH STUDENT HAS A CHAIR AT ALL TIMES.
(R51) S. 811 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO RANDOLPH-SHEPPARD VENDING MACHINE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1357, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R52) S. 623 -- Education Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-280 SO AS TO PROHIBIT THE POSSESSION OF PAGING DEVICES BY STUDENTS ON SCHOOL PROPERTY OR WHILE ATTENDING SCHOOL ACTIVITIES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR POSSESSION OF PAGING DEVICES AND FOR THEIR FORFEITURE.
(R53) S. 642 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF SOCIAL WORK EXAMINERS, RELATING TO PRINCIPLES OF PROFESSIONAL ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1362, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R54) S. 716 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 41-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING RULES, REGULATIONS, OR ORDERS OF THE COMMISSIONER OF LABOR UNDER THE OCCUPATIONAL HEALTH AND SAFETY LAWS, SO AS TO PROVIDE THAT ANY EMPLOYER WHO WILFULLY OR REPEATEDLY VIOLATES ANY OCCUPATIONAL SAFETY OR HEALTH RULE OR REGULATION PROMULGATED UNDER THESE LAWS MAY BE ASSESSED A CIVIL PENALTY OF NOT MORE THAN SEVENTY THOUSAND, RATHER THAN TEN THOUSAND, DOLLARS FOR EACH VIOLATION, AND TO CHANGE THE MAXIMUM CIVIL PENALTY WHICH MAY BE ASSESSED FOR VIOLATING CERTAIN OTHER RELATED RULES, REGULATIONS, OR ORDERS FROM ONE THOUSAND DOLLARS TO SEVEN THOUSAND DOLLARS.
(R55) S. 597 -- Senator Bryan: AN ACT TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO PROVIDE THAT THE PRECINCT LINES ARE THOSE AS SHOWN ON THE OFFICIAL MAP DATED JANUARY 31, 1991 AND REDESIGNATE CERTAIN PRECINCTS.
(R56) S. 813 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO RULES REGARDING CHARITABLE AND NONPROFIT EVENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1378, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R57) S. 654 -- Education Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-160 SO AS TO ENACT THE ENGLISH FLUENCY IN HIGHER EDUCATION ACT INCLUDING PROVISIONS TO REQUIRE EACH PUBLIC INSTITUTION OF HIGHER LEARNING TO ESTABLISH POLICIES TO ENSURE THAT INSTRUCTIONAL FACULTY WHOSE SECOND LANGUAGE IS ENGLISH POSSESS ADEQUATE PROFICIENCY IN BOTH THE WRITTEN AND SPOKEN ENGLISH LANGUAGE, AND TO REQUIRE CERTAIN REPORTS TO BE FILED BY EACH INSTITUTION OF HIGHER LEARNING IN CONNECTION WITH THIS REQUIREMENT.
(R58) H. 3008 -- Rep. Kirsh: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-12 SO AS TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO DESIGNATE NOT MORE THAN TWO DAYS IN EACH CALENDAR YEAR AS FREE FISHING DAYS AND TO PROVIDE THAT RESIDENTS OF THIS STATE, WITHOUT OBTAINING A FISHING LICENSE, MAY EXERCISE THE PRIVILEGES OF A HOLDER OF A FISHING LICENSE, SUBJECT TO LIMITATIONS AND RESTRICTIONS, AND TO PROVIDE THAT THIS PROVISION DOES NOT AFFECT COMMERCIAL FISHING LICENSES.
(R59) H. 3205 -- Reps. M.O. Alexander, T.C. Alexander, Cato, Clyborne, Corning, Burch, D. Elliott, Gentry, Haskins, Hayes, Hodges, Houck, J.W. Johnson, Keegan, Kempe, Keyserling, Kinon, Kirsh, Klapman, Manly, L. Martin, Mattos, McElveen, Rudnick, Stoddard, Waldrop, R. Young, Koon, Boan, Wells, Quinn, Neilson, McLeod, T. Rogers, Hallman, Sturkie, McGinnis, Littlejohn, Baxley, Keesley, McKay, Wofford, L. Elliott, Cromer, Fulmer, Lanford, Altman, J. Williams, Huff, Rama, D. Williams, Wilkes, Cole, Smith, Wilkins, Burriss, Carnell, Waites, Foster, P. Harris, Derrick, J. Harris, Phillips, Farr, J.C. Johnson, White, Sharpe and McTeer: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 43, TITLE 44 SO AS TO PROVIDE HOSPITAL POLICIES FOR ORGAN AND TISSUE DONATION.
(R60) H. 3072 -- Reps. P. Harris, Carnell, J. Harris, Waites, Mattos and Whipper: AN ACT TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO DECREASE THE TIME REQUIRED FOR A COURT REPORT AND HEARING ON AN EMERGENCY ADMISSION.
(R61) H. 3478 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS: GRADES 9-12, VII. THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1348, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R62) H. 3733 -- Rep. Wofford: AN ACT TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN BERKELEY COUNTY, SO AS TO CHANGE THE NAME OF THE WIDE AWAKE PRECINCT TO STRATFORD.
(R63) H. 3535 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC PROGRAM/CURRICULUM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1356, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R64) H. 3618 -- Reps. L. Elliott and Harwell: AN ACT TO PROVIDE THAT THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT SHALL CONSIST OF NINE MEMBERS, TO PROVIDE FOR THE APPOINTING PROCESS AND AUTHORITY, AND TO PROVIDE FOR STAGGERING INITIAL TERMS.
(R65) H. 3432 -- Rep. Rogers: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC.
(R66) H. 3064 -- Reps. P. Harris, Carnell, Corning, J. Harris and Mattos: AN ACT TO AMEND SECTIONS 44-20-375 AND 44-20-378, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REVISE THE MANNER IN WHICH A COUNTY BOARD OF MENTAL RETARDATION IS ESTABLISHED, PROVIDE FOR THE CREATION OF A BOARD BY ORDINANCE, AND AUTHORIZE THE CONTINUANCE OF CURRENT BOARDS.
(R67) H. 3481 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC PROGRAM FOR GRADES 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 1351, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R68) H. 3553 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A JOINT RESOLUTION TO AUTHORIZE THE OPERATION LOSSES OF THE REINSURANCE FACILITY FOR A TWELVE-MONTH PERIOD ATTRIBUTABLE TO HURRICANE HUGO TO BE RECOUPED IN THE SUBSEQUENT THIRTY-SIX MONTH PERIOD BY UTILIZING AN ON-LEVEL RECOUPMENT CHARGE COMPONENT BY APPLICABLE COVERAGE FOR ALL RISKS REGARDLESS OF THE SURCHARGE POINTS OF EACH RISK UNDER THE UNIFORM MERIT RATING PLAN.
(R69) H. 3075 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Corning: AN ACT TO AMEND SECTION 44-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MENTAL HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS FOR APPOINTMENT OF COMMISSION MEMBERS.
(R70) H. 3074 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Whipper: AN ACT TO AMEND SECTION 44-17-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT BY DESIGNATED EXAMINERS CONCERNING WHETHER A PERSON IS MENTALLY ILL AND RELATED HEARINGS, SO AS TO DECREASE THE TIME ALLOWED FOR THE EXAMINERS TO RENDER A MAJORITY OPINION.
(R71) H. 3480 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS: BASIC PROGRAM FOR GRADES 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 1350, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R72) H. 3479 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1349, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R73) H. 3728 -- Rep. D. Martin: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF BETA KAPPA LAMBDA CHAPTER OF ALPHA PHI ALPHA FRATERNITY, INC., IN CHARLESTON COUNTY.
(R74) H. 3376 -- Rep. Felder: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4185 SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE AN OPEN END OR ANNUAL PERMIT FOR THE USE ON THE PUBLIC HIGHWAYS OF COTTON MODULAR VEHICLES, PROVIDE A FEE FOR THE PERMIT, AUTHORIZE REGULATIONS, CREATE A MISDEMEANOR OFFENSE, AND PROVIDE A PENALTY.
(R75) H. 3303 -- Reps. P. Harris, Waldrop and Wilder: A JOINT RESOLUTION TO DIRECT THE LONG TERM CARE COUNCIL TO STUDY AND RECOMMEND A SYSTEM FOR INVESTIGATING AND PROSECUTING ADULT ABUSE, NEGLECT, AND EXPLOITATION, TO CLARIFY THE ROLES AND RESPONSIBILITIES OF THOSE AGENCIES IN THIS SYSTEM, TO PROVIDE FOR AN ADVISORY COMMITTEE TO COLLABORATE ON THE STUDY, AND TO PROVIDE FOR THE COMMITTEE MEMBERSHIP AND STAFFING.
(R76) H. 3485 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE REPEAL OF 61-31, CAGED LAYER POULTRY HOUSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1309, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R77) H. 3715 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER EDUCATION PROGRAMS OFFERED BY COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1334, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R78) H. 3304 -- Reps. J. Harris, Tucker, Waldrop, Clyborne and Corning: AN ACT TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF AND PROSECUTION FOR FRAUDULENT INTENT IN DRAWING A CHECK, SO AS TO INCREASE THE SERVICE CHARGE FROM FIFTEEN TO TWENTY DOLLARS.
(R79) H. 3045 -- Reps. P. Harris and Waldrop: AN ACT TO AMEND SECTION 43-21-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LONG-TERM CARE COUNCIL, SO AS TO REVISE THE MEMBERS, PROVIDE FOR THE AUTHORIZATION OF DESIGNEES, AND DELETE REPORTS ON THE IMPLEMENTATION STATUS OF PAST COUNCIL RECOMMENDATIONS.
(R80) H. 3738 -- Reps. Sheheen, Baxley and Burch: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN THE 1990 SCHOOL YEAR BY PUBLIC SCHOOL STUDENTS IN KERSHAW COUNTY WHEN SCHOOLS WERE CLOSED DUE TO FLOODING AND IMPASSABLE ROADS ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
(R81) H. 3377 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 40-6-200, 40-6-210, 40-6-220, AND 40-6-230 SO AS TO PROVIDE FOR AN AUCTIONEER RECOVERY FUND; TO AMEND SECTION 40-6-40, RELATING TO THE AUCTIONEERS' COMMISSION, SO AS TO CHANGE THE REFERENCE TO EXPERIENCED AUCTIONEER MEMBERS TO LICENSED AUCTIONEER MEMBERS, REQUIRE AT LEAST ONE MEMBER NOT TO BE CONNECTED WITH THE AUCTION BUSINESS, AND DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 40-6-60, AS AMENDED, RELATING TO GENERAL REQUIREMENTS FOR LICENSES, SO AS TO DELETE THE RESIDENCY REQUIREMENT; TO AMEND SECTION 40-6-70, RELATING TO APPRENTICE AUCTIONEER LICENSES, SO AS TO DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-80, AS AMENDED, RELATING TO APPLICATION AND EXAMINATION FOR LICENSES, SO AS TO CHANGE THE REQUIRED TIME TO SERVE AS AN APPRENTICE FROM TWO YEARS TO ONE YEAR AND DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-130, RELATING TO AUCTIONEERS LICENSED IN ANOTHER STATE, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH NONRESIDENT AUCTIONEERS MAY BE GRANTED A SOUTH CAROLINA LICENSE; TO AMEND SECTION 40-6-140, AS AMENDED, RELATING TO LICENSE FEES, SO AS TO DELETE THE REFERENCES TO SPECIFIC FEES AND PROVIDE FOR THE COMMISSION TO ESTABLISH THEM BY REGULATION; TO REPEAL SECTION 40-6-100 RELATING TO BONDS OF LICENSEES; AND TO REAUTHORIZE THE EXISTENCE OF THE AUCTIONEERS' COMMISSION FOR SIX YEARS.
(R82) H. 3633 -- Rep. Gregory: AN ACT TO AMEND SECTION 61-3-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS PROHIBITED IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF GLASSWARE PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS IF PACKAGED TOGETHER BY THE WHOLESALER OR MANUFACTURER IN PACKAGING PROVIDED BY THE MANUFACTURER AND AUTHORIZE THE SALE OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS IF PACKAGED TOGETHER BY THE MANUFACTURER.
The Senate returned to the House with concurrence the following:
H. 3930 -- Reps. Boan and Hodges: A CONCURRENT RESOLUTION TO COMMEND MR. TUCKER JACKSON FOR HIS TWENTY-FIVE YEARS OF DISTINGUISHED SERVICE AS LANCASTER HIGH SCHOOL'S VOCATIONAL SCHOOL DIRECTOR UPON HIS RETIREMENT.
H. 3932 -- Reps. Klapman, Wilder, Kirsh, Hodges, Bennett, Sheheen, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Boan, G. Brown, H. Brown, J. Brown, Bruce, Burch, Burriss, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Holt, Houck, Huff, Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Kempe, Keyserling, Kinon, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCain, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Ross, Rudnick, Scott, Sharpe, Shirley, Short, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF JOHN "GEORGETOWN" BASSARD, SR., OF RICHLAND COUNTY.
At 11:40 A.M. the House in accordance with the motion of Rep. CROMER adjourned in memory of Mr. Benjamin Cooper, father of Frankie Jones, to meet at 10:00 A.M. tomorrow.
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