Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God, our Heavenly Father, from Whom comes all noble desires and all good counsel, we turn to You in this morning prayer as we stand amidst the mystery and perplexity of life knowing that without You we cannot live bravely or confidently. Minus Your help we cannot respond well to the varied calls of human need. Crown, then, with Your unlimited wisdom and understanding the deliberations of those here in their opportunities and challenges. Keep within us a sense of the eternal which will save us from spiritual decay, from moral cowardice, and from betrayal of the best and the good.
Help us to conduct ourselves always to the glory of Your Name.
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.
The following was received.
Columbia, S.C., April 1, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 788:
S. 788 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE TAKING OF CERTAIN FISH AND CRUSTACEANS, SO AS TO DELETE THE PROVISION ALLOWING SPANISH MACKEREL AND COBIA TO BE LANDED WITH HEAD AND TAIL FINS REMOVED AND REVISE THE PROVISIONS FOR THE APPLICATION OF FEDERAL REGULATIONS TO STATE WATERS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. G. BAILEY moved that when the House adjourns it adjourn in memory of Mr. Cecil Jerome Walters, which was agreed to.
The Senate returned to the House with amendments the following:
H. 4479 -- Reps. Jennings, J. Harris, Baxley, Beasley, Kinon and K. Burch: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REQUIRE THAT ASPHALT USED IN PROJECTS APPROVED BY BID BY THE DEPARTMENT MAY INCLUDE RIVER GRAVEL.
The Senate amendments were agreed to, and the Joint Resolution, having received three reading in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 379 -- Senator Mullinax: A BILL TO AMEND SECTIONS 40-79-10, 40-79-30 AND 40-79-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA REGULATION OF BURGLAR ALARM SYSTEM BUSINESSES ACT OF 1986" SO AS TO INCLUDE FIRE ALARM SYSTEM BUSINESSES WITHIN THE REGULATION AND LICENSURE PROVISIONS OF THE ACT.
Ordered for consideration tomorrow.
On motion of Rep. WILDER, with unanimous consent, the following was taken up for immediate consideration:
H. 4663 -- Reps. Wilder and Rhoad: A HOUSE RESOLUTION TO CONGRATULATE AND RECOGNIZE SPEC. AND MRS. HENRY HARRIS OF ALLENDALE ON BEING NAMED "NATIONAL GUARD FAMILY OF THE YEAR" AND ALLOW THEM AND ADJUTANT GENERAL T. ESTON MARCHANT THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES AT 11:00 A.M. ON WEDNESDAY, APRIL 15, 1992.
Be it resolved by the House of Representatives:
That Spec. and Mrs. Henry Harris of Allendale were named "National Guard Family of the Year" and they and Adjutant General T. Eston Marchant are given the privilege of the floor of the House of Representatives at 11:00 a.m. on Wednesday, April 15, 1992.
The Resolution was adopted.
The following was introduced:
H. 4664 -- Reps. Harrelson, M. Martin, Chamblee, Bennett and Rhoad: A CONCURRENT RESOLUTION REQUESTING CLEMSON UNIVERSITY TO REVIEW AND RECONSIDER ITS DECISION TO IMPOSE A CHARGE OF FIVE DOLLARS PER SOIL SAMPLE ANALYSIS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. GENTRY, with unanimous consent, the following was taken up for immediate consideration:
H. 4665 -- Reps. Gentry, Hendricks, Hodges and Glover: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 29, 1992, AS THE TIME FOR ELECTING A SUCCESSOR FOR AN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1992; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives meet in joint assembly in the Hall of the House at 12:00 noon on Wednesday, April 29, 1992, to elect a successor to The Honorable A. Lee Chandler, Associate Justice of the Supreme Court whose term expires July 31, 1992; to elect successors to The Honorable Charles W. Whetstone, Jr., Circuit Judge from the First Judicial Circuit; The Honorable Rodney A. Peeples, Circuit Judge from the Second Judicial Circuit; The Honorable Paul M. Burch, Circuit Judge from the Fourth Judicial Circuit; The Honorable Don S. Rushing, Circuit Judge from the Sixth Judicial Circuit; The Honorable Thomas L. Hughston, Jr., Circuit Judge from the Eighth Judicial Circuit; The Honorable Sidney Thomas Floyd, Circuit Judge from the Fifteenth Judicial Circuit; and The Honorable John C. Hayes, III, Circuit Judge from the Sixteenth Judicial Circuit, all whose terms expire June 30, 1992.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4666 -- Reps. M.O. Alexander and Mattos: A BILL TO AMEND SECTION 58-17-1450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RAILROAD CROSSING SAFETY REQUIREMENTS, SO AS TO PROVIDE THAT UNUSED RAILROAD TIES LEFT IN THE RIGHT-OF-WAY WITHIN ONE HUNDRED YARDS OF A RAILROAD CROSSING ARE DEEMED TO BE SAFETY OBSTRUCTIONS AND AS SUCH MUST BE REMOVED IN THE SAME MANNER THAT OTHER UNSAFE OBSTRUCTIONS ARE REMOVED AS PROVIDED BY THIS SECTION.
Referred to Committee on Education and Public Works.
H. 4667 -- Reps. Meacham, A. Young and Hyatt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT ANY AUTOMOBILE CREDIT OR DISCOUNT FOR DRIVER TRAINING CREDIT IS APPLICABLE TO ALL PERSONS WHO COMPLETE AN APPROVED DRIVER TRAINING COURSE.
Referred to Committee on Labor, Commerce and Industry.
H. 4668 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-155 SO AS TO DEFINE "SECONDARY SCHOOLS" AS THAT TERM IS USED UNDER THE FEDERAL LAW PROVIDING EQUAL ACCESS FOR LIMITED OPEN FORUMS IN EDUCATION.
Referred to Committee on Education and Public Works.
H. 4669 -- Reps. Wilkins, Whipper, Wilkes, Rama, A. Young, Hallman, Sharpe, Corning, Barber, Klapman, Wright, McAbee, Smith, Townsend, Shirley, Waites, Wofford, Quinn, Bruce, Tucker, Boan, McKay, Riser, Taylor, Koon, Rhoad, H. Brown, Harrison, Littlejohn, Canty, Corbett, Mattos, Keegan, Byrd, Chamblee, McGinnis, Haskins, Harvin, D. Elliott, Beasley, Lanford, Carnell, White, Gonzales, Fair, K. Burch, Stone, Shissias, Wells, Foster and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-65 SO AS TO PROVIDE FOR CIVIL IMMUNITY FOR THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL.
Referred to Committee on Judiciary.
H. 4670 -- Reps. Wilkins, Jaskwhich, D. Cooper, Chamblee, Tucker, Wright, Hyatt, Quinn, Wofford, Manly and Harrison: A BILL TO AMEND SECTION 20-7-2115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUVENILE AFTERCARE PROGRAMS, SO AS TO PROVIDE THAT THE JUVENILE PAROLE BOARD IS INDEPENDENT OF THE COMMISSIONER FOR DEPARTMENT OF YOUTH SERVICES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4671 -- Rep. Baker: A BILL TO AMEND SECTION 50-11-2410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON CERTAIN TRAPS USED TO TAKE ANIMALS, SO AS TO AUTHORIZE THE USE OF A DOG-PROOF RACCOON TRAP; SECTION 50-11-2420, RELATING TO COMMERCIAL FUR LICENSES, SO AS TO REQUIRE TRAPPER EDUCATION COURSES AND PROVIDE AN EXCEPTION; SECTION 50-11-2440, RELATING TO THE REQUIREMENTS OF TENDING TRAPS, SO AS TO REQUIRE AN ANIMAL RELEASE/CONTROL SNARE; AND SECTION 50-11-2540, RELATING TO THE TRAPPING SEASON, SO AS TO REVISE THE LENGTH OF THE SEASON ACCORDING TO CERTAIN GAME ZONES AND CHANGE A REFERENCE TO THE DIRECTOR OF GAME AND FRESHWATER FISHERIES TO THE WILDLIFE AND MARINE RESOURCES DEPARTMENT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4672 -- Rep. Harrelson: A BILL TO PROVIDE THAT THE MEMBERS OF ALL COUNTY BOARDS AND COMMISSIONS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE COUNTY GOVERNING BODY MUST BE APPOINTED DIRECTLY AND SOLELY BY THE COUNTY GOVERNING BODY.
Referred to Committee on Judiciary.
S. 246 -- Senator Lourie: A BILL TO AMEND SECTION 35-1-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERED BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, AND INVESTMENT ADVISER REPRESENTATIVES, SO AS TO BROADEN AND CLARIFY THE CATEGORIES OF PERSONS NOT REQUIRED TO POST BOND.
Referred to Committee on Labor, Commerce and Industry.
S. 1394 -- Senators Bryan, J. Verne Smith, Courtney, Mullinax, Rose, Thomas, Lourie and Wilson: A BILL TO AMEND SECTION 35-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF RULES, FORMS, AND ORDERS BY THE SECURITIES COMMISSIONER UNDER THE UNIFORM SECURITIES ACT, SO AS TO AUTHORIZE THE COMMISSIONER TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 35-1-540, RELATING TO THE TIME LIMITATION ON SUSPENSION OR REVOCATION PROCEEDINGS INSTITUTED BY THE COMMISSIONER, SO AS TO REVISE THIS TIME LIMITATION; TO AMEND SECTION 35-1-1310, RELATING TO PETITIONS FOR REVIEW OF FINAL ORDERS OF THE COMMISSIONER IN A COURT OF COMPETENT JURISDICTION, SO AS TO REVISE THE TIME WITHIN WHICH A PETITION FOR SUCH A REVIEW MAY BE FILED; TO AMEND SECTION 35-1-1460, RELATING TO THE SECURITIES COMMISSIONER APPLYING TO A COURT OF COMPETENT JURISDICTION TO COMPEL OBEDIENCE OF WITNESSES, SO AS TO AUTHORIZE THE COURT TO IMPOSE CERTAIN FINES FOR FAILURE TO COMPLY AND TO PROVIDE THAT THE COURT MAY AWARD TO THE SECURITIES COMMISSIONER FEES AND COSTS INCURRED IN APPEARING BEFORE THE COURT; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-1475 SO AS TO AUTHORIZE THE SECURITIES COMMISSIONER TO IMPOSE AND COLLECT CERTAIN ADMINISTRATIVE FINES; TO AMEND SECTION 35-1-1580, RELATING TO THE INSTITUTION OF CRIMINAL PROCEEDINGS BY THE ATTORNEY GENERAL AFTER REFERENCE TO HIM OF EVIDENCE BY THE SECURITIES COMMISSIONER, SO AS TO ALSO AUTHORIZE A CIRCUIT SOLICITOR TO INSTITUTE SUCH PROCEEDINGS; AND TO AMEND SECTION 35-1-1590, RELATING TO CRIMINAL PENALTIES FOR WILFULL VIOLATIONS OF THE UNIFORM SECURITIES ACT, SO AS TO INCREASE THE DOLLAR AMOUNT OF THE AUTHORIZED FINE.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Bruce Burch, K. Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Corning Council Delleney Elliott, D. Elliott, L. Fair Farr Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hodges Holt Houck Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Lanford Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McGinnis McKay McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Ross Rudnick Sharpe Sheheen Shirley Shissias Smith Stoddard Stone Taylor Townsend Vaughn Waites Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Thursday, April 2.
John Snow John Tucker E.B. McLeod Robert Barber Samuel Foster Alma Byrd John B. Williams C. Lenoir Sturkie Lanny Littlejohn John G. Felder Timothy Rogers James C. Johnson J. L. Mann Cromer John L. Scott Thomas Huff Joe Brown Larry Koon C. Alex Harvin, III
LEAVES OF ABSENCE
The SPEAKER granted Rep. HENDRICKS a leave of absence for the day due to illness.
The SPEAKER granted Rep. CANTY a leave of absence for the day.
The SPEAKER granted Rep. WALDROP a leave of absence for the day due to illness.
Rep. J.C. JOHNSON 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 1.
I was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, April 1.
Thomas E. Huff
Announcement was made that Dr. Robert Fulmer of Rock Hill is the Doctor of the Day for the General Assembly.
Rep. MANLY, on behalf of the Greenville Delegation, presented the Southside High School Tigers Basketball Team, Winners of the State Class AA Championship.
Rep. JASKWHICH, on behalf of the Greenville Delegation, presented the Southside High School Debate/Drama Team, who finished Fifth Place in State Tournament of Debate and First Place finish in the AA Division Competition at Bob Jones University.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 4622 -- Rep. Stoddard: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX AND THE ANNUAL OPERATING BUDGETS AND TAX LEVY THEREFOR, SO AS TO REVISE THE AUTHORIZED ANNUAL TAX LEVIES.
H. 4093 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND SECTION 44-81-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF RESIDENTS IN LONG-TERM CARE FACILITIES, SO AS TO INCLUDE THE RIGHT TO BE INFORMED OF THE FACILITY'S REFUND POLICY WHICH A FACILITY MUST ADOPT, TO CHOOSE A PERSONAL PHYSICIAN AND RIGHTS ASSOCIATED WITH TREATMENT AND CARE, TO PROVIDE AN EXCEPTION TO THE THIRTY-DAY TRANSFER NOTICE REQUIREMENT, AND TO PROVIDE FOR FAMILY ACCESS TO THE RESIDENT AND THE RIGHT OF FAMILY TO MEET WITH OTHER FAMILIES AT SUCH FACILITIES.
H. 4254 -- Rep. Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-36-145 SO AS TO PERMIT A PERSON LICENSED AS AN OCCUPATIONAL THERAPIST IN ANOTHER JURISDICTION TO PRACTICE OCCUPATIONAL THERAPY IN THIS STATE FOR NOT MORE THAN NINETY DAYS AFTER BECOMING A RESIDENT OF THIS STATE PENDING HIS BEING LICENSED IN THIS STATE.
H. 4567 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA COASTAL COUNCIL, RELATING TO MARINAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1405, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4439 -- Rep. Altman: A BILL TO AMEND SECTION 56-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION AND CERTIFICATE FOR SELF-INSURERS, SO AS TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED TO DETERMINE FINANCIAL RESPONSIBILITY.
H. 4387 -- Reps. Corning, Keyserling, Harrison, Kirsh, Wilkes, Waites and Wofford: A BILL TO AMEND SECTION 8-13-1342, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, CAMPAIGN PRACTICES, RESTRICTIONS ON CONTRIBUTIONS BY A CONTRACTOR TO A CANDIDATE WHO PARTICIPATED IN THE AWARDING OF A CONTRACT, AND THE BAN ON A PUBLIC OFFICIAL'S OR EMPLOYEE'S SOLICITATION OF CAMPAIGN CONTRIBUTIONS OR INVESTMENTS UNDER CERTAIN CIRCUMSTANCES, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO REFERRALS FOR THE RENDERING OR PROVIDING OF PROFESSIONAL SERVICES, INCLUDING LEGAL SERVICES, DELETE THE EXEMPTION RESPECTING CONTRACTS AWARDED THROUGH COMPETITIVE BIDDING, AND PROVIDE THAT "CONTRACT", FOR THE PURPOSES OF THIS SECTION, SPECIFICALLY INCLUDES A CONTRACT FOR PROFESSIONAL SERVICES, INCLUDING LEGAL SERVICES.
H. 4249 -- Rep. Waldrop: A BILL TO AMEND SECTION 44-75-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ATHLETIC TRAINERS' ACT OF SOUTH CAROLINA, SO AS TO REVISE THE DEFINITION OF "ATHLETIC TRAINER"; TO AMEND SECTION 44-75-50 RELATING TO REQUIREMENTS FOR CERTIFICATION OF AN ATHLETIC TRAINER, SO AS TO CLARIFY THESE REQUIREMENTS; AND TO AMEND SECTION 44-75-100, RELATING TO CERTAIN EDUCATIONAL OR ATHLETIC ORGANIZATION EMPLOYMENT THAT CONSTITUTES EMPLOYMENT AS AN ATHLETIC TRAINER, SO AS TO INCLUDE EMPLOYMENT ON A CONTRACTUAL BASIS AND EMPLOYMENT WITH A HOSPITAL OR REHABILITATION CENTER AS CONSTITUTING EMPLOYMENT AS AN ATHLETIC TRAINER.
H. 4577 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1454, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4582 -- Reps. Barber, Rama, Holt, Hallman, Fulmer and R. Young: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD #S10-1473 LOCATED IN CHARLESTON COUNTY.
H. 3039 -- Reps. Whipper, Rama and M.O. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-90 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS WHICH IS LICENSED AS A RETAILER BY A MUNICIPALITY, COUNTY, OR THE STATE TO USE THE TERM "WHOLESALER" OR "DISTRIBUTOR" IN ITS NAME, TO PROVIDE AN EXCEPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
H. 4367 -- Rep. McLeod: A BILL TO AMEND SECTION 61-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL LIQUOR STORES, SO AS TO DELETE REQUIREMENTS RELATING TO ENTRANCES AND EXITS, SIGN MATERIAL, SIZE, AND CONTENT; AND TO REPEAL SECTION 61-3-1010, RELATING TO REQUIREMENT FOR THE DISPLAY OF PRICES AND STOCK IN RETAIL LIQUOR STORES.
H. 4239 -- Reps. Harrison and Quinn: A BILL TO AMEND SECTION 25-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE DIRECTOR OF VETERANS AFFAIRS, SO AS TO ALLOW THE VETERANS OF FOREIGN WARS AND THE DISABLED AMERICAN VETERANS, ALONG WITH THE AMERICAN LEGION, TO MAKE A RECOMMENDATION TO THE GOVERNOR FOR A DIRECTOR.
H. 4256 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-47-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR RESPIRATORY CARE PRACTITIONERS, SO AS TO DELETE THE REQUIREMENT OF GOOD MORAL CHARACTER, PROHIBIT CERTIFICATION OF PERSONS CONVICTED OF A FELONY OR CRIME INVOLVING MORAL TURPITUDE, AND DELETE REDUNDANT LANGUAGE; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA RESPIRATORY CARE COMMITTEE FOR SIX YEARS.
H. 4485 -- Rep. Waldrop: A JOINT RESOLUTION TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS BEGIN TO SERVE UPON APPOINTMENT BUT THAT THE TIME FOR CALCULATING THEIR INITIAL STAGGERED TERMS DOES NOT BEGIN TO RUN UNTIL ALL MEMBERS OF THE BOARD ARE APPOINTED; TO PROVIDE THAT CERTAIN MEMBERS OF THE NURSING HOME ADMINISTRATORS BOARD SHALL SERVE AS EX OFFICIO MEMBERS OF THIS BOARD; TO PROVIDE THAT UNTIL REGULATIONS ARE PROMULGATED BY THIS BOARD, NURSING HOME ADMINISTRATORS SHALL MEET LICENSING STANDARDS AS PROVIDED FOR BY LAW PRIOR TO THE CREATION OF THIS BOARD AND THAT COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS MAY NOT BE LICENSED UNDER ACT 605 OF 1990; TO PROVIDE FOR A TEMPORARY FEE SCHEDULE FOR NURSING HOME ADMINISTRATORS AND TO REQUIRE COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS TO OBTAIN TEMPORARY LICENSES AND TO SET THE FEE FOR THIS TEMPORARY LICENSE.
H. 4170 -- Rep. Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AMENDMENT AND REVISION OF THE CONSTITUTION, SO AS TO PROVIDE THAT FOR ANY GENERAL ELECTION RATHER THAN JUST FOR THE 1990 GENERAL ELECTION, REVISION OF AN ENTIRE ARTICLE OR THE ADDITION OF A NEW ARTICLE MAY BE PROPOSED AS A SINGLE AMENDMENT WITH ONLY ONE QUESTION BEING REQUIRED TO BE SUBMITTED TO THE ELECTORS.
H. 4127 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 15-51-41 AND 15-51-42 SO AS TO ESTABLISH CERTAIN PROCEDURES FOR OBTAINING COURT APPROVAL OF ANY SETTLEMENT OF WRONGFUL DEATH OR SURVIVAL ACTIONS; AND TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO THE JURISDICTION OF THE SOUTH CAROLINA PROBATE COURT, SO AS TO PROVIDE THAT THE PROBATE COURT HAS CONCURRENT JURISDICTION WITH THE CIRCUIT COURT TO APPROVE SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS AS PROVIDED IN SECTIONS 15-51-41 AND 15-51-42; AND TO AMEND SECTION 62-1-403, RELATING TO PROCEEDINGS, PLEADINGS, AND NOTICE IN THE PROBATE COURT, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO WRONGFUL DEATH OR SURVIVAL ACTIONS.
H. 4167 -- Rep. L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-742 SO AS TO REQUIRE THAT A NONCUSTODIAL PARENT BE MADE A PARTY IN AN ABUSE, NEGLECT, OR DELINQUENCY MATTER BEFORE THE FAMILY COURT, AND TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO REMOVAL OF A CHILD FROM PARENTAL CUSTODY IN ABUSE AND NEGLECT CASES, SO AS TO INCLUDE AMONG THE FINDINGS REQUIRED THAT THERE IS NO RELATIVE, INCLUDING A NONCUSTODIAL PARENT, WITH WHOM THE CHILD MAY BE PLACED.
H. 4498 -- Reps. Clyborne, L. Martin, Marchbanks and Hendricks: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, TERM, AND TERRITORIAL JURISDICTION OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE FIRST APPOINTED IN 1993 AND THEREAFTER, WITHIN SIX MONTHS OF THE BEGINNING OF HIS TERM, SHALL COMPLETE A TRAINING PROGRAM AND PASS A CERTIFICATION EXAMINATION ESTABLISHED BY THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE THAT A NEWLY APPOINTED MAGISTRATE MAY EXERCISE THE DUTIES OF HIS OFFICE PENDING CERTIFICATION BUT NOT FOR MORE THAN SIX MONTHS AND PROVIDE THAT WHEN THE EXAMINATION IS NOT TIMELY PASSED, THE OFFICE IS DECLARED VACANT ON THE EARLIER OF THE DATE THE TIME EXPIRES OR WHEN HE IS NOTIFIED OF HIS FAILURE, TO REQUIRE A MAGISTRATE APPOINTED BEFORE 1993 TO PASS THE CERTIFICATION EXAMINATION BEFORE HE MAY BE REAPPOINTED, TO EXEMPT A MAGISTRATE WHO PASSES THE CERTIFICATION EXAMINATION FROM ANY FURTHER EXAMINATIONS DURING HIS CONTINUOUS SERVICE, AND TO PROVIDE THAT UPON NOTICE BY THE SUPREME COURT OR ITS DESIGNEE TO THE MAGISTRATE AND THE GOVERNOR OF THE MAGISTRATE'S FAILURE TO PASS THE CERTIFICATION EXAMINATION, THE MAGISTRATE'S OFFICE IS DECLARED VACANT, THE MAGISTRATE DOES NOT HOLD OVER, AND THE GOVERNOR SHALL APPOINT A SUCCESSOR.
H. 4512 -- Reps. Chamblee, Waldrop, Shirley, Carnell, McAbee and Tucker: A BILL TO AMEND SECTION 14-7-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION FROM JURY SERVICE, SO AS TO PROVIDE THAT JURORS ARE EXCUSED UPON TELEPHONE CONFIRMATION OF EXEMPT STATUS.
H. 4549 -- Rep. Farr: A BILL TO AMEND SECTION 7-13-1371, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSTRUCTIONS FOR BALLOT CARDS WHICH ARE USED IN CONJUNCTION WITH OPTICAL SCANNING DEVICES, SO AS TO DELETE PROVISIONS WHICH REQUIRE A BALLOT CARD USED DURING A PRESIDENTIAL ELECTION OR PRIMARY TO BE DESIGNED SO THAT THE FRONT OF THE CARD CONTAINS ONLY THE INSTRUCTIONS FOR VOTING FOR PRESIDENT AND THE NAMES OF THE PRESIDENTIAL CANDIDATES.
H. 4265 -- Reps. Kempe, Beatty and Clyborne: A BILL TO AMEND SECTION 18-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME AND MANNER AN APPEAL MUST BE TAKEN FROM A MAGISTRATE OR MUNICIPAL COURT, SO AS TO DELETE REFERENCES TO THE RECORDER OR JUDGE OF THE MUNICIPAL COURT.
H. 4133 -- Reps. Corning, Rudnick and Wilder: A BILL TO AUTHORIZE SHOPPING CENTERS AND BUSINESS OR COMMERCIAL ESTABLISHMENTS WHICH PROVIDE HANDICAPPED-ONLY PARKING SPACES ON PRIVATE PROPERTY TO ISSUE UNIFORM CITATIONS FOR VIOLATIONS OF THE USE OF SUCH PARKING SPACES, IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
H. 4344 -- Rep. G. Bailey: A BILL TO AMEND SECTION 19-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF CERTAIN OUT-OF-COURT STATEMENTS BY CHILDREN IN ABUSE OR NEGLECT PROCEEDINGS, SO AS TO DELETE THE PROVISION THAT THE STATEMENTS ARE INADMISSIBLE IF THE PARENTS OF THE CHILD ARE SEPARATED OR DIVORCED IF ONE OF THE PARENTS IS THE ALLEGED PERPETRATOR OF THE ABUSE AND THE ALLEGATION OF ABUSE WAS MADE AFTER THE PARENTS SEPARATED OR DIVORCED.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4649 -- Reps. G. Bailey, A. Young and Wofford: A BILL TO AMEND ACT 536 OF 1986, AS AMENDED, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT 4 AND OTHER SCHOOL MATTERS OF THE COUNTY, SO AS TO ESTABLISH FIVE SINGLE-MEMBER DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4 MUST BE ELECTED IN 1992, DELETE REFERENCES TO THE DORCHESTER COUNTY LEGISLATIVE DELEGATION APPOINTING MEMBERS OF THE BOARD, PROVIDE A PROCEDURE FOR THE FILLING OF VACANCIES ON THE BOARD, DELETE THE REQUIREMENT FOR A CANDIDATE TO FILE A STATEMENT OF CANDIDACY AND INSTEAD REQUIRE A NOMINATING PETITION; AND DELETE PROVISIONS WHICH ESTABLISHED SINGLE-MEMBER DISTRICTS FOR MEMBERS OF THE BOARD OF TRUSTEES ELECTED IN 1988.
H. 4653 -- Rep. Wilder: A BILL TO PROVIDE PAY FOR SERVICES RENDERED FOR MEMBERS OF THE WILLISTON SCHOOL DISTRICT 29 BOARD OF TRUSTEES IN BARNWELL COUNTY, AND TO REPEAL AN ACT OF 1992 BEARING RATIFICATION NUMBER 311 RELATING TO PROVIDING A PER DIEM ALLOWANCE FOR MEMBERS OF THE BOARD.
H. 4659 -- Reps. Townsend, P. Harris, Shirley, Chamblee and Cooper: A BILL TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO REVISE THE FOUR AREAS FROM WHICH THE TRUSTEES OF ANDERSON COUNTY SCHOOL DISTRICT NO. 2 ARE ELECTED.
H. 4405 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO PROVIDE THAT NO VEHICLE IN EXCESS OF EIGHTY THOUSAND POUNDS WILL BE REGISTERED; AND TO AMEND SECTION 56-5-4170, RELATING TO PERMITS FOR EXCESS SIZE AND WEIGHT, SO AS TO PROVIDE FOR A FEE OF TWENTY DOLLARS FOR EACH PERMIT ISSUED.
Rep. FARR explained the Bill.
On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that H. 4649 be read the third time tomorrow.
On motion of Rep. WILDER, with unanimous consent, it was ordered that H. 4653 be read the third time tomorrow.
On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4659 be read the third time tomorrow.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 4405 be read the third time tomorrow.
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1142 -- Senators Nell W. Smith, Robert W. Hayes, Jr. and Moore: A JOINT RESOLUTION TO REQUIRE THE STATE TO PROVIDE CONTINUITY IN FISCAL MATTERS, INCLUDING UNINTERRUPTED PAYMENT OF PERSONNEL, IN THE TRANSFER OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM FROM THE UNIVERSITY OF SOUTH CAROLINA TO THE STATE WORKERS' COMPENSATION FUND.
S. 1244 -- Senator Land: A BILL TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING CHAPTER 21 SO AS TO ENACT THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10 SO AS TO ADD TO THE LIST THE OFFENSES DESIGNATED FELONIES IN THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT.
S. 1102 -- Senators Bryan, Peeler, Fielding, Hinds, Hinson and Rose: A BILL TO AMEND SECTION 44-17-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT WHO HAS BEEN JUDICIALLY COMMITTED TO THE STATE DEPARTMENT OF MENTAL HEALTH TO BE REEXAMINED, SO AS TO PROVIDE THAT NOTICE OF THIS RIGHT MUST BE PROVIDED EVERY SIX MONTHS INSTEAD OF ANNUALLY AND TO PROVIDE THAT A HEARING ON A PETITION FOR REEXAMINATION IS NOT REQUIRED TO BE HELD IF LESS THAN THREE MONTHS HAVE ELAPSED SINCE A PREVIOUS HEARING ON A PETITION FOR REEXAMINATION.
S. 1105 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND SECTION 44-22-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TREATMENT AND DISCHARGE PLANS FOR AN INVOLUNTARY PATIENT OF THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO REQUIRE THAT DISCHARGE PLANNING MUST BEGIN WITHIN SEVENTY-TWO HOURS OF ADMISSION, TO PROVIDE FOR THE CONTENTS OF THE PLAN, INPUT FROM THE PATIENT, AND THE INVOLVEMENT OF CERTAIN TREATMENT INDIVIDUALS IN DEVELOPING THE PLAN.
S. 1107 -- Senators Bryan, Peeler, Fielding, Hinds and Hinson: A BILL TO AMEND SECTION 44-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED PROGRAM, SO AS TO EXEMPT COMMUNITY-BASED HOUSING DESIGNED TO PROMOTE INDEPENDENT LIVING FOR PERSONS WITH MENTAL OR PHYSICAL DISABILITIES.
Rep. WOFFORD moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
H. 4106 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-17-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT WHO HAS BEEN JUDICIALLY COMMITTED TO THE STATE DEPARTMENT OF MENTAL HEALTH TO BE REEXAMINED, SO AS TO PROVIDE THAT NOTICE OF THIS RIGHT MUST BE PROVIDED EVERY SIX MONTHS INSTEAD OF ANNUALLY AND TO PROVIDE THAT A HEARING ON A PETITION FOR REEXAMINATION IS NOT REQUIRED TO BE HELD IF LESS THAN THREE MONTHS HAVE ELAPSED SINCE A PREVIOUS HEARING ON A PETITION FOR REEXAMINATION.
Rep. WOFFORD moved to table the Bill, which was agreed to.
Rep. WOFFORD moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
H. 4107 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-22-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TREATMENT AND DISCHARGE PLANS FOR AN INVOLUNTARY PATIENT OF THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO REQUIRE THAT DISCHARGE PLANNING MUST BEGIN WITHIN SEVENTY-TWO HOURS OF ADMISSION, TO PROVIDE FOR THE CONTENTS OF THE PLAN, INPUT FROM THE PATIENT, AND THE INVOLVEMENT OF CERTAIN TREATMENT INDIVIDUALS IN DEVELOPING THE PLAN.
Rep. WOFFORD moved to table the Bill, which was agreed to.
Rep. WOFFORD moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
H. 4101 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED PROGRAM, SO AS TO EXEMPT COMMUNITY-BASED HOUSING DESIGNED TO PROMOTE INDEPENDENT LIVING FOR PERSONS WITH MENTAL OR PHYSICAL DISABILITIES.
Rep. WOFFORD moved to table the Bill, which was agreed to.
The following Bill was taken up.
H. 4396 -- Rep. Wilkes: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DAMS AND RESERVOIRS SAFETY ACT, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR OWNERS OF DAMS OR RESERVOIRS REGARDING TRANSFER OF OWNERSHIP, MAINTENANCE, AND OPERATION AND REQUIREMENTS FOR CONSTRUCTION OF NEW DAMS AND RESERVOIRS, AUTHORIZE THE LAND RESOURCES CONSERVATION COMMISSION TO ASSESS FINES FOR VIOLATIONS, AND PROVIDE FOR THE USE OF CIVIL FINES COLLECTED UNDER THIS ARTICLE.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 26, by the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. WILKES 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. WILKES, with unanimous consent, it was ordered that H. 4396 be read the third time tomorrow.
The following Bill was taken up.
S. 220 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-85 SO AS TO PROHIBIT A PERSON FROM OPERATING OR FLOATING A VESSEL HAVING A MARINE TOILET UNLESS IT DISCHARGES ONLY INTO A HOLDING TANK, DEFINE TERMS, REQUIRE CERTIFICATION OF THE DISCHARGE, AND PROVIDE PENALTIES.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8158.BD), which was adopted.
Amend the bill, as and if amended, by striking all after the title and inserting:
/Whereas, the General Assembly finds that because of the increasing number of houseboats having marine toilets which are operated or moored on the freshwaters of this State, it is necessary for the protection of the public health, safety, and welfare to prohibit the discharge of sewage from the houseboats into the freshwaters; and
Whereas, it is the intent of the General Assembly to protect and enhance the quality of the waters by requiring greater environmental protection than is provided in the Federal Water Pollution Control Act so that discharge of sewage from a houseboat into the freshwaters of this State is prohibited. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina.
SECTION 1. The 1976 code is amended by adding:
"Section 48-1-85. (A) It is unlawful for a person to operate or float a houseboat on the freshwaters of this State having a marine toilet unless it discharges only into a holding tank.
(B) As used in this section:
(1) 'Holding tank' means a container designed to receive and hold sewage and other wastes discharged from a marine toilet and constructed and installed in a manner so that it may be emptied only by pumping out its contents.
(2) 'Houseboat' means a vessel which is used primarily as a residence and is not used primarily as a means of transportation.
(3) 'Marine toilet' includes equipment for installation on board a houseboat designed to receive, retain, treat, or discharge sewage. A marine toilet must be equipped with a holding tank.
(C) When an owner of a houseboat having a marine toilet applies to the South Carolina Wildlife and Marine Resources Department for a certificate of title pursuant to Section 50-23-20, he shall certify in the application that the toilet discharges only into a holding tank.
(D) Houseboat holding tanks may be emptied only by a pump-out system permitted by the South Carolina Department of Health and Environmental Control.
(E) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars for each day's violation or imprisoned not more than thirty days, or both."
SECTION 2. This act takes effect one year after approval by the Governor./
Amend title to conform.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
Rep. T.C. ALEXANDER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\8295.BD), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. (A) The Governor's office of South Carolina and the South Carolina Department of Health and Environmental Control shall work with the Governor's office of Georgia and the appropriate natural resource agency in Georgia to petition the United States Environmental Protection Agency to designate Lake Hartwell as a no discharge zone.
(B) If the Governor's Office of Georgia and the appropriate natural resource agency in Georgia do not join the petition, the Governor's office of South Carolina and the South Carolina Department of Health and Environmental Control shall petition the United States Environmental Protection Agency on their own./
Renumber sections to conform.
Amend title to conform.
Rep. SHARPE 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. T.C. ALEXANDER, with unanimous consent, it was ordered that S. 220 be read the third time tomorrow.
The following Bill was taken up.
S. 555 -- Senators Pope, McConnell, Patterson, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Leatherman, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Reese, Rose, Russell, Saleeby, Setzler, J. Verne Smith, Nell W. Smith, Thomas, Waddell, Washington and Wilson: A BILL TO AMEND ARTICLE 15, CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE THE JURISDICTION AND CERTAIN PROCEDURES OF THE SYSTEM.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18947.SD), which was adopted.
Amend the bill, as and if amended, in Section 14-7-1630(A)(2) of the 1976 Code by striking beginning on line 21 of page 4 /if the crime is of a multi-county nature or has transpired or is transpiring or has significance in more than one county of this State/.
When amended, Section 14-7-1630(A)(2) of the 1976 Code shall read:
/(2) any crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615, any crime, statutory, common law or other, arising out of or in connection with a crime involving public corruption as defined in Section 14-7-1615, and any attempt, aiding, abetting, solicitation, or conspiracy to commit any crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615; and/.
Amend the bill further, as and if amended, in Section 14-7-1630(A)(3) of the 1976 Code by striking beginning on line 32 of page 4 /if the crime or crimes are of a multi-county nature or have transpired or are transpiring or have significance in more than one county of this State/.
When amended, Section 14-7-1630(A)(3) of the 1976 Code shall read:
/(3) crimes involving the election laws, including, but not limited to, those named offenses as specified in Title 7, or any common law crimes involving the election laws where not superseded, or any crime arising out of or in connection with the election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws./
Amend the bill further, as and if amended, in Section 14-7-1630(B) of the 1976 Code by inserting immediately after /and/ on line 3 of page 5 /, in the case of those offenses contained in subsection (A)(1),/.
When amended, Section 14-7-1630(B) of the 1976 Code shall read:
/(B) Whenever the Attorney General and the Chief of the South Carolina Law Enforcement Division considers consider it necessary and normal investigative or prosecutorial procedures are not adequate, he the Attorney General may petition in writing to the Chief Administrative Judge of the judicial circuit in which he seeks to impanel the a state grand jury for an order impaneling the a state grand jury. This judge is referred to in this article as the impaneling judge. The petition must allege the type of offenses to be inquired into and, in the case of those offenses contained in subsection (A)(1), must allege that these offenses may be of a multi-county nature or have transpired or are transpiring or have significance in more than one county of the State. The petition also in all instances must specify that the public interest is served by the impanelment./
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS 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. WILKINS, with unanimous consent, it was ordered that S. 555 be read the third time tomorrow.
The SPEAKER granted Rep. CORNING a temporary leave of absence.
The SPEAKER granted Rep. WELLS a leave of absence for the remainder of the day.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, April 7, which was adopted.
H. 4571 -- Reps. Wilkins, Boan, T.C. Alexander, Waldrop, Phillips, Bennett, Beasley, M.O. Alexander, J. Bailey, Barber, H. Brown, Clyborne, Cooper, Fair, Farr, Fulmer, J. Harris, P. Harris, Harrison, Haskins, Hodges, Huff, Jennings, L. Martin, M. Martin, McGinnis, Sharpe, Smith, Tucker, Wells, Wofford, Wright, A. Young, Jaskwhich, Quinn, Sturkie, Koon, Riser, D. Martin, J. Brown, Scott, Gentry, Harwell, Vaughn, Corning, Cato, J. Williams, Shissias and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-15 SO AS TO PROVIDE THAT NO LICENSE OR PERMIT REQUIREMENT OR CONDITION MAY BE ENFORCED UNLESS PROMULGATED BY REGULATION PURSUANT TO CHAPTER 23 OF TITLE 1; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS FOR THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO DEFINE THE TERMS "AGENCY ACTION" AND "ASSESSMENT REPORT"; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLICATION OF NOTICES OF PROPOSED REGULATIONS, SO AS TO REQUIRE AN ASSESSMENT REPORT BY THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO REQUIRE ADOPTION OF PROPOSED REGULATIONS BY JOINT RESOLUTION WITHIN ONE HUNDRED TWENTY DAYS.
The following Bill was taken up.
H. 3097 -- Reps. Baxley, Wilder, Manly, Whipper, Burch, Corning, Quinn, Wells and Waites: A BILL TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INTERPRETER FOR A DEAF PERSON WHO IS A PARTY TO A LEGAL PROCEEDING OR CONFINED TO AN INSTITUTION, SO AS TO ESTABLISH THE POSITION OF COURT INTERPRETER FOR THE DEAF AND TO PROVIDE FOR HIS FUNCTIONS, DUTIES, AND QUALIFICATIONS.
Rep. BAXLEY explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. BAXLEY having the floor.
Rep. RAMA moved that the House recur to the morning hour, which was agreed to.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4673 -- Reps. Scott, White, Taylor, J. Brown, D. Williams, Jennings and Beatty: A BILL TO AMEND SECTION 1-7-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION OF SOLICITORS, SO AS TO REQUIRE THAT EACH JUDICIAL CIRCUIT, FOR PURPOSES OF ELECTING SOLICITORS, MAY NOT HAVE A POPULATION VARIANCE OF MORE THAN TEN PERCENT ACCORDING TO THE LATEST FEDERAL DECENNIAL CENSUS, AND TO REQUIRE THE GENERAL ASSEMBLY TO REAPPORTION EACH JUDICIAL CIRCUIT BEFORE THE FIRST THURSDAY IN JUNE OF THE YEAR IN WHICH THE LATEST FEDERAL DECENNIAL CENSUS IS ADOPTED BY THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary.
H. 4674 -- Rep. Farr: A BILL TO AMEND SECTION 20-7-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE PURCHASE OR POSSESSION OF BEER, WINE, OR OTHER MALT OR FERMENTED BEVERAGE BY AN UNDERAGE PERSON, SO AS TO DELETE CERTAIN LANGUAGE, MAKE IT UNLAWFUL FOR ANY PERSON UNDER TWENTY-ONE YEARS OF AGE WHO IS LAWFULLY EMPLOYED BY ANY WHOLESALE OR RETAIL BUSINESS OR COMMERCIAL ESTABLISHMENT OR MANUFACTURING BUSINESS OR ESTABLISHMENT TO SELL OR OFFER TO SELL OR TO DELIVER ANY BEER, ALE, PORTER, WINE, OR ANY OTHER SIMILAR MALT OR FERMENTED BEVERAGE AT OR ON BEHALF OF THE PLACE WHERE HE IS EMPLOYED, MAKE IT UNLAWFUL FOR ANY PERSON TO AUTHORIZE, ALLOW, OR DIRECT SUCH PERSON UNDER TWENTY-ONE TO DO ANY OF THESE PROHIBITED THINGS, PROVIDE PENALTIES, PROVIDE THAT ONLY PERSONS WHO ARE TWENTY-ONE YEARS OF AGE AND OVER, RATHER THAN EIGHTEEN AND OVER, MAY BE LAWFULLY EMPLOYED TO SERVE OR REMOVE BEER, WINE, OR ALCOHOLIC BEVERAGES IN ESTABLISHMENTS LICENSED TO SELL SUCH BEVERAGES, AND PROVIDE A PENALTY FOR VIOLATIONS; AND TO AMEND SECTION 61-5-20, RELATING TO WHEN THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF ALCOHOLIC BEVERAGES IS LAWFUL, SO AS TO PROVIDE THAT NO PERSON SHALL SERVE OR DELIVER TO A PURCHASER ANY ALCOHOLIC LIQUORS IN SEALED CONTAINERS IN A BUSINESS WHERE SUCH SALES ARE AUTHORIZED UNLESS SUCH PERSON HAS ATTAINED THE AGE OF TWENTY-ONE, RATHER THAN EIGHTEEN, YEARS.
Referred to Committee on Judiciary.
H. 4675 -- Reps. Beasley and Waites: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO PROVIDE THAT THE CHAIRMAN OF THE COMMISSION MUST BE APPOINTED BY THE GOVERNOR, AND TO PROVIDE THAT A REPRESENTATIVE OF CERTAIN FEDERAL AND STATE AGENCIES IS AUTHORIZED TO ATTEND MEETINGS OF THE COMMISSION IN ORDER TO ACT IN AN ADVISORY CAPACITY TO THE COMMISSION, AND TO AMEND SECTION 46-43-30, RELATING TO OFFICES OF THE COMMISSION AND OTHER RELATED ADMINISTRATIVE MATTERS, SO AS TO DELETE THE STIPULATION THAT THE COMMISSION SHALL ELECT A CHAIRMAN.
Rep. BEASLEY asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. BENNETT objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4676 -- Reps. Rudnick, Kirsh, Jaskwhich, Taylor, Baxley, Houck and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-5-390 SO AS TO PROHIBIT THE PUBLIC SERVICE COMMISSION FROM APPROVING WEATHER NORMALIZATION ADJUSTMENTS WHICH ARE INTENDED TO ELIMINATE FLUCTUATIONS IN THE EARNINGS OF A PUBLIC UTILITY WHICH SUPPLIES GAS TO ITS CUSTOMERS.
Referred to Committee on Labor, Commerce and Industry.
H. 4677 -- Reps. Stone, H. Brown, J. Bailey, Hallman, G. Bailey, Fulmer, Sharpe, Corbett, Smith, Huff, D. Williams, McKay, Holt, Shissias, Keegan, A. Young, Cromer, Marchbanks, Corning, Council, P. Harris, Kempe, J. Brown, Fair, Barber, Riser and Meacham: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW OR A VIOLATION OF THE ELECTION LAWS, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
Referred to Committee on Judiciary.
On motion of Rep. WHIPPER, with unanimous consent, the following was taken up for immediate consideration:
H. 4678 -- Reps. Whipper, J. Bailey, Barber, Fulmer, Gonzales, Hallman, Holt Inabinett, D. Martin, Rama and R. Young: A CONCURRENT RESOLUTION DECLARING APRIL 5, 1992, AS "SELF-ESTEEM ENRICHMENT DAY" IN THE STATE OF SOUTH CAROLINA IN RECOGNITION OF THE LINKS, INC., NATIONAL PROJECT TO PROMOTE AND BUILD SELF-ESTEEM.
Whereas, The Links, Inc., was organized in 1946 as a community service organization and today has a membership of over eight thousand women with two hundred forty-five chapters in the United States, including the District of Columbia, and in Nassau, The Bahamas, and Frankfurt, Germany; and
Whereas, The Links, Inc., recognizes that self-esteem/self-concept issues lie at the very root of alcohol and other drug problems, teenage pregnancy, the school drop-out rate, and gang-related violence -- all of which has a very negative impact on youth; and
Whereas, Operation SEED (Self-Esteem Enrichment Day) is an attempt to support and strengthen The Links, Inc.'s national project, LEAD (Links Erase Alcohol and Drugs), which began in 1985; and
Whereas, this effort is highly deserving of commendation and support and is worthy of the undivided attention and interest of every South Carolinian. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution and on behalf of the citizens of this State, proudly joins in The Links, Inc.'s national observance by declaring April 5, 1992, as "Self-Esteem Enrichment Day" in the Palmetto State in recognition of the outstanding efforts of this exemplary organization to promote and build self-esteem.
Be it further resolved that a copy of this resolution be forwarded to the president of The Links, Inc.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. BAXLEY having the floor.
H. 3097 -- Reps. Baxley, Wilder, Manly, Whipper, Burch, Corning, Quinn, Wells and Waites: A BILL TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INTERPRETER FOR A DEAF PERSON WHO IS A PARTY TO A LEGAL PROCEEDING OR CONFINED TO AN INSTITUTION, SO AS TO ESTABLISH THE POSITION OF COURT INTERPRETER FOR THE DEAF AND TO PROVIDE FOR HIS FUNCTIONS, DUTIES, AND QUALIFICATIONS.
Rep. BAXLEY continued speaking.
Reps. MCTEER, KIRSH and KLAPMAN objected to the Bill.
The Bill was read the second time and ordered to third reading.
Rep. BAXLEY asked unanimous consent that H. 3097 be read a third time tomorrow.
Rep. MCTEER objected.
The following Bill was taken up.
H. 4426 -- Reps. Manly, Fair, Cato, Mattos, Anderson, Vaughn, M.O. Alexander, Haskins, Wilkins, Jaskwhich and Clyborne: A BILL TO AUTHORIZE A POLITICAL SUBDIVISION WHICH OPERATES A SEWER SYSTEM AUTHORIZED BY LAW TO PROVIDE FOR THE EXPENDITURE OF FUNDS COLLECTED BY WAY OF FRONT-FOOT ASSESSMENTS OR PER-PARCEL ASSESSMENTS FOR SEWER IMPROVEMENTS IN ACCORDANCE WITH THIS ACT.
Rep. MANLY explained the Bill.
The Bill was read the second time and ordered to third reading.
On motion of Rep. MANLY, with unanimous consent, it was ordered that H. 4426 be read the third time tomorrow.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4426 General Subject Matter:
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. DELL BAKER
The following Bill was taken up.
S. 610 -- Senators Rose, McGill, Reese and Thomas: A BILL TO AMEND SECTION 44-53-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF PROPERTY OBTAINED THROUGH OR USED FOR TRANSACTIONS INVOLVING ILLEGAL CONTROLLED SUBSTANCES, SO AS TO PROVIDE FOR PUBLIC DISCLOSURE OF PROPERTY SEIZED AND TO PROHIBIT LAW ENFORCEMENT OFFICERS FROM USING FORFEITED PROPERTY FOR PERSONAL PURPOSES; AND TO AMEND SECTION 44-53-530, AS AMENDED, RELATING TO DISPOSITION OF PROCEEDS OF SALES, SO AS TO PROVIDE FOR DOCUMENTATION AND PUBLIC DISCLOSURE OF THE USE OF SEIZED PROPERTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6348.HC).
Amend the bill, as and if amended, by striking Sections 3, 4, and 5, beginning on page 2, and inserting:
/SECTION 3. Section 44-53-530 of the 1976 Code, as amended by Act 604 of 1990, is further amended to read:
"Section 44-53-530. (a) Forfeiture of property defined in Section 44-53-520 must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include the following information: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition including law enforcement agencies which have notified the petitioner of their involvement in the seizure. Owners of record and lienholders of record may be served by certified mail to the last known address as appears in the records of the governmental agency which records the title or lien.
The judge shall determine whether the property is subject to forfeiture and order the forfeiture confirmed. If the judge finds a forfeiture, he shall then determine the lienholder's interest as provided in this article. The judge shall determine whether any property must be returned to a law enforcement agency pursuant to Section 44-53-582.
If there is a dispute as to the division of the proceeds of forfeited property among participating law enforcement agencies, this issue must be determined by the judge. The proceeds from a sale of property, conveyances, and equipment must be disposed of pursuant to subsection (b) of this section.
All property, conveyances, and equipment which will not be reduced to proceeds may be transferred to the law enforcement agency or agencies or to the prosecution agency. Upon agreement of the law enforcement agency or agencies and the prosecution agency, conveyances and equipment may be transferred to any other appropriate agency or agencies. Property transferred may not be used to supplant operating funds within the current or future budgets.
Any forfeiture may be effected by consent order approved by the court without filing or serving pleadings or notices provided that all owners and other persons with interests in the property, including participating law enforcement agencies, entitled to notice under this section, except lienholders and agencies, consent to the forfeiture. Disposition of the property may be accomplished by consent of the petitioner and those agencies involved. Persons entitled to notice under this section may consent to some issues and have the judge determine the remaining issues.
(b) (1) If the property is seized by a state law enforcement agency and is not transferred by the court to the seizing agency, the judge shall order it transferred to the Division of General Services for sale. Proceeds may be used by the division for payment of all proper expenses of the proceedings for the forfeiture and sale of the property, including the expenses of seizure, maintenance, and custody and other costs incurred by the implementation of this section. The net proceeds from any sale must be remitted to the State Treasurer as provided in subsection (d) of this section. The Division of General Services may authorize payment of like expenses in cases where monies, negotiable instruments, or securities are seized and forfeited.
(2) If the property is seized by a local law enforcement agency and is not transferred by the court to the agency, the judge shall order it sold at public auction by the seizing agency as provided by law. Notwithstanding any other provision of the law, proceeds from the sale may be used by the agency for payment of all proper expenses of the proceeding for the forfeiture and sale of the property, including the expenses of the seizure, maintenance, and custody and other costs incurred by the implementation of this section. The net proceeds from the sale must be disposed of as provided by this section.
(3) All real or personal property, conveyances, and equipment of any value defined in Section 44-53-520, when reduced to proceeds, any cash more than one thousand dollars, any negotiable instruments, and any securities which are seized and forfeited must be disposed of as follows:
(A) ninety percent to the law enforcement agency or agencies; and
(B) ten percent must be remitted to the State Treasurer and deposited to the credit of the general fund of the State.
(c) The first one thousand dollars of any cash seized and forfeited pursuant to this article remains with and is the property of the law enforcement agency which effected the seizure.
(d) All forfeited monies and proceeds from the sale of forfeited property as defined by Section 44-53-520 must be retained by the governing body of the local law enforcement agency or, in the case of a state law enforcement agency, by the State Treasurer, and deposited and maintained in a separate, special account in the name of each appropriate agency. These accounts may be drawn on and used only by the law enforcement agency for drug enforcement activities. These accounts may not be used to supplant operating funds within the current or future budgets. Any expenditures from these accounts for an item that would be a recurring expense to the governing body must be approved by the governing body before the purchase or, in the case of a state law enforcement agency, approved as provided by law. All expenditures from these funds must be documented, and the documentation must be available for audit purposes. (a) Forfeiture of property defined in Section 44-53-520 must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and leinholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure.
Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure. Owners of record and leinholders of record may be served by certified mail, to the last known address as appears in the records of the governmental agency which records the title or lien.
The judge shall determine whether the property is subject to forfeiture and order the forfeiture confirmed. If the judge finds a forfeiture, he shall then determine the lienholder's interest as provided in this article. The judge shall determine whether any property must be returned to a law enforcement agency pursuant to Section 44-53-582.
If there is a dispute as to the division of the proceeds of forfeited property among participating law enforcement agencies, this issue must be determined by the judge. The proceeds from a sale of property, conveyances, and equipment must be disposed of pursuant to subsection (e) of this section.
All property, conveyances, and equipment which will not be reduced to proceeds may be transferred to the law enforcement agency or agencies or to the prosecution agency. Upon agreement of the law enforcement agency or agencies and the prosecution agency, conveyances and equipment may be transferred to any other appropriate agency. Property transferred must not be used to supplant operating funds within the current or future budgets.
(b) If the property is seized by a state law enforcement agency and is not transferred by the court to the seizing agency, the judge shall order it transferred to the Division of General Services for sale. Proceeds may be used by the division for payment of all proper expenses of the proceedings for the forfeiture and sale of the property, including the expenses of seizure, maintenance, and custody, and other costs incurred by the implementation of this section. The net proceeds from any sale must be remitted to the State Treasurer as provided in subsection (g) of this section. The Division of General Services may authorize payment of like expenses in cases where monies, negotiable instruments, or securities are seized and forfeited.
(c) If the property is seized by a local law enforcement agency and is not transferred by the court to the agency, the judge shall order it sold at public auction by the seizing agency as provided by law. Notwithstanding any other provision of the law, proceeds from the sale may be used by the agency for payment of all proper expenses of the proceeding for the forfeiture and sale of the property, including the expenses of the seizure, maintenance, and custody and other costs incurred by the implementation of this section. The net proceeds from the sale must be disposed of as provided by this section.
(d) Any forfeiture may be effected by consent order approved by the court without filing or serving pleadings or notices provided that all owners and other persons with interests in the property, including participating law enforcement agencies, entitled to notice under this section, except lienholders and agencies, consent to the forfeiture. Disposition of the property may be accomplished by consent of the petitioner and those agencies involved. Persons entitled to notice under this section may consent to some issues and have the judge determine the remaining issues.
All proceeds of property and cash forfeited by consent order must be disposed of as provided in subsection (E) of this section.
(e) All real or personal property, conveyances, and equipment of any value defined in Section 44-53-520, when reduced to proceeds, any cash more than one thousand dollars, any negotiable instruments, and any securities which are seized and forfeited must be disposed of as follows:
(1) seventy-five percent to the law enforcement agency or agencies;
(2) twenty percent to the prosecuting agency; and
(3) five percent must be remitted to the State Treasurer and deposited to the credit of the general fund of the State.
(f) The first one thousand dollars of any cash seized and forfeited pursuant to this article remains with and is the property of the law enforcement agency which effected the seizure unless otherwise agreed to by the law enforcement agency and prosecuting agency.
(g) All forfeited monies and proceeds from the sale of forfeited property as defined in Section 44-53-520 must be retained by the governing body of the local law enforcement agency or prosecution agency and deposited in a separate, special account in the name of each appropriate agency. These accounts may be drawn on and used only by the law enforcement agency or prosecution agency for which the account was established. For law enforcement agencies, the accounts must be used for drug enforcement activities and for prosecution agencies, the accounts must be used in matters relating to the prosecution of drug offenses and litigation of drug-related matters.
These accounts must not be used to supplant operating funds in the current or future budgets. Expenditures from these accounts for an item that would be a recurring expense must be approved by the governing body before purchase or, in the case of a state law enforcement agency or prosecution agency, approved as provided by law.
In the case of a state law enforcement agency or state prosecution agency, monies and proceeds must be remitted to the State Treasurer who shall establish separate, special accounts as provided in this section for local agencies.
All expenditures from these accounts must be documented, and the documentation made available for audit purposes and upon request by a person under the provisions of Chapter 4 of Title 30, the Freedom of Information Act.
(h) The use of all property forfeited pursuant to Section 44-53-520 and retained by the law enforcement agency must be documented and the documentation available upon request by a person subject to the provisions of Chapter 4 of Title 30.
(i) An expenditure from these accounts must be made in accordance with the established procurement procedures of the jurisdiction where the account is established.
(j) A law enforcement agency may draw from the account an amount necessary to maintain a confidential financial account to be used in the purchase of information or evidence relating to an investigation, to purchase services, or to provide compensation in matters which are confidential and in support of law enforcement activity. The disbursement of funds from the confidential financial account must be made in accordance with procedures approved by the South Carolina Law Enforcement Division (division). All records of disbursement must be maintained and made available for audit purposes as provided in this section.
All expenditures from these accounts must be fully documented and audited annually with the general fund of the appropriate jurisdiction.
(k) In all cases where the criminal offense giving rise to the forfeiture of property described in Section 44-53-520 is prosecuted in a state court, the forfeiture proceeding must be accomplished in the court of common pleas for the jurisdiction where the items were seized."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment and moved to adjourn debate upon the Bill until Tuesday, April 7, which was adopted.
The SPEAKER granted Rep. HARWELL a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 4429 -- Reps. Tucker, Haskins, Cobb-Hunter, Stone, McCraw, G. Bailey, Corning, Wells, Wofford, L. Elliott, Mattos, McAbee, D. Martin, Holt, Phillips, Kempe, J. Brown, K. Burch, Riser, Beatty, Wright, Harrison, Smith, Kinon, T.C. Alexander, Vaughn, McGinnis, Littlejohn, Rhoad, Barber, Chamblee, Gonzales, Meacham, Farr, L. Martin, Marchbanks and Hyatt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 27-21-22 AND 27-21-24 SO AS TO PROVIDE THE MANNER IN WHICH A SHERIFF OR CHIEF OF POLICE SHALL USE ABANDONED OR RECOVERED STOLEN PROPERTY AND PROVIDE FOR THE NOTIFICATION TO OWNERS OF ABANDONED OR RECOVERED STOLEN PROPERTY BY THE SHERIFF OR CHIEF OF POLICE OF A MUNICIPALITY; AND TO AMEND SECTION 27-21-20, RELATING TO THE AUTHORIZATION OF A SHERIFF TO SELL ABANDONED OR RECOVERED STOLEN PROPERTY AT PUBLIC AUCTION WHEN THE OWNER CANNOT BE FOUND AND THE REQUIREMENTS FOR ADVERTISEMENT OF THE SALE AND THE DISPOSITION OF THE PROCEEDS OF THE SALE, SO AS TO REVISE THE PROCEDURE FOR SELLING THIS PROPERTY AND AUTHORIZE THE CHIEF OF POLICE OF A MUNICIPALITY TO SELL THE SAME PROPERTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3746.DW).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 27-21-20 of the 1976 Code is amended to read:
"Section 27-21-20. (A) If property has been recovered by a sheriff of a county or chief of police of a municipality and ownership is ascertained:
(1) the sheriff or chief of police shall notify the owner no later than ten working days after a recovery that the property has been recovered and may be reclaimed.
(2) an owner of the property must be notified by certified mail that his property has been recovered. The notice must contain a list of the specific items. An owner has sixty calendar days in which to claim the property. The notice also must include a statement that if the property is not claimed within sixty calendar days, the property will be sold at public auction to the highest bidder.
(B) The sheriff of any a county or chief of police of a municipality may sell at public auction any recovered stolen or abandoned property, and any property which has been abandoned within the county after he has held it for one hundred eighty days and declared it abandoned by the jurisdiction, when the true owner cannot be ascertained after reasonable effort. The sheriff or chief of police shall make a diligent effort to ascertain the true owner of such the property and at least twice prior to before the sale shall advertise the property with its full description in a newspaper having general circulation in the county or municipality having jurisdiction of the property and post the advertisement in the sheriff's office or the police department and at the courthouse. At any time after sixty thirty days shall have elapsed after publication of the first second advertisement, the sheriff or chief of police may sell to the highest bidder at a place designated by the sheriff or chief of police the abandoned or recovered stolen property as advertised at public auction on the courthouse steps, or at such other public location within the county as the property is located or can be exhibited safely, provided that the other location is properly specified in the notice of sale. The sheriff or chief of police shall turn over all proceeds of the sale, less necessary expenses of the sale, to the county or municipal treasurer who shall pay any debts incurred in holding the sale and shall then place the final proceeds who shall place such sums in a special fund.
(C) If after diligent efforts the owner of the property cannot be ascertained or if the property is not reclaimed or sold at public auction, the sheriff of a county or chief of police of a municipality may dispose of any recovered stolen or abandoned property as provided in this subsection.
(1) Property that is not suitable for sale including, but not limited to, clothing, food, prescription drugs, weapons, household cleaning products, chemicals, or items that appear nonusable including, but not limited to:
(a) electric components that appear to have been skeletonized, where parts have been removed and are no longer in working order; or
(b) items that have been broken up and only pieces exist may be destroyed by the jurisdiction holding the property.
(2) The sheriff or chief of police may use any property recovered by his jurisdiction if the property is placed on the jurisdiction's inventory as property of the jurisdiction.
(3) The sheriff or chief of police, with the consent of the appropriate governing body, may turn over to any organization exempt from tax under Section 501(c)3 of the Internal Revenue Code of 1986, items of abandoned or recovered property that may be used for the betterment of that organization. However, the accrued value of the items given to an individual organization as provided above by a sheriff or chief of police shall not exceed a value of one thousand dollars in the respective government entity's fiscal year.
(D) A jurisdiction recovering property pursuant to the provisions of this section shall maintain a permanent record of all property recovered and its disposition."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment and moved to adjourn debate upon the Bill until Tuesday, April 7, which was adopted.
The following Bill was taken up.
H. 4432 -- Reps. Wilkins, Jennings, Harrison, Huff, J. Williams and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-85 SO AS TO CREATE THE FELONY CRIMINAL OFFENSE OF HOMICIDE BY CHILD ABUSE, TO PROVIDE FOR THE CONSIDERATION OF AGGRAVATING AND MITIGATING CIRCUMSTANCES, AND TO PROVIDE PENALTIES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2317.AC), which was adopted.
Amend the bill, as and if amended, Section 16-3-85(B)(1), page 1, line 37, by adding /for/ after /imprisoned/ and by deleting /or for/ and inserting /to/ so that when amended this item reads:
/(1) under subsection (A)(1) must be imprisoned for at least twenty years to life; or/.
Amend further by adding an appropriately numbered section to read:
/SECTION __. The second paragraph of Section 19-11-30 of the 1976 Code is amended to read:
"Notwithstanding the above provisions, a husband or wife is required to disclose any communication, confidential or otherwise, made by one to the other during their marriage where the suit, action, or proceeding concerns or is based on child abuse or neglect, the death of a child, criminal sexual conduct involving a minor, or the commission or attempting to commit a lewd act upon a minor."/
Amend title to conform.
Rep. WILKINS 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. WILKINS, with unanimous consent, it was ordered that H. 4432 be read the third time tomorrow.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4297 -- Reps. Phillips and Farr: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 35 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SELECTIVE SERVICE BOARD MEMBERS, INCLUDING PROVISIONS THAT MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Rep. PHILLIPS explained the Bill.
H. 4519 -- Rep. G. Bailey: A BILL TO AMEND SECTION 56-9-351, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF LICENSE AND REGISTRATION AFTER AN ACCIDENT, SO AS TO DELETE PROVISIONS RELATING TO SUSPENSION OF DRIVER'S LICENSE.
Rep. G. BAILEY explained the Bill.
S. 1109 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-60 SO AS TO PROHIBIT FREE TUITION FOR A MEMBER OF THE BOARD OF TRUSTEES OF A STATE SUPPORTED POST-SECONDARY EDUCATION INSTITUTION OR MEMBER OF HIS IMMEDIATE FAMILY AND TO PROVIDE EXCEPTIONS.
Rep. J.C. JOHNSON explained the Bill.
H. 4603 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO DEFINITIONS OF TERMS AND REQUIREMENTS FOR OFFICIAL RECOGNITION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1453, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 4297 be read the third time tomorrow.
On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that H. 4519 be read the third time tomorrow.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that S. 1109 be read the third time tomorrow.
On motion of Rep. RAMA, with unanimous consent, it was ordered that H. 4603 be read the third time tomorrow.
The following Bill was taken up.
H. 4474 -- Reps. Quinn, Wright, Riser and Klapman: A BILL TO AMEND SECTION 21-352, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE EXEMPTION FROM THE PROHIBITION AGAINST EMPLOYMENT OF TEACHERS RELATED TO A MEMBER OF THE BOARD OF TRUSTEES, SO AS TO DELETE THE SCHOOL DISTRICTS IN LEXINGTON COUNTY FROM THE EXEMPTION.
Rep. WRIGHT explained the Bill.
Rep. KLAPMAN spoke upon the Bill.
Rep. QUINN spoke in favor of the Bill.
The Bill was read the second time and ordered to third reading.
Rep. WRIGHT asked unanimous consent that H. 4474 be read a third time tomorrow.
Rep. KLAPMAN objected.
The following Bill was taken up.
H. 4580 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-15 SO AS TO AUTHORIZE ANY STATE-SUPPORTED COLLEGE OR UNIVERSITY OR ANY STATE-SUPPORTED POST-HIGH SCHOOL VOCATIONAL OR TECHNICAL SCHOOL TO PROVIDE CERTAIN TUITION ASSISTANCE FOR ITS PERMANENT FACULTY AND STAFF.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3752.AL), which was adopted.
Amend the bill, as and if amended, Section 59-111-15, SECTION 1, line 25, by striking /schools/ and inserting /colleges/; line 33, by striking /three/ and inserting /four/.
When amended Section 59-111-15 reads:
/"Section 59-111-15. State-supported colleges or universities and state-supported post-high school vocational or technical colleges are authorized to provide assistance for educational expenses, including the payment, reimbursement, or remission of tuition or fees, to its permanent faculty and staff. The assistance authorized by this section is not considered a perquisite of office or employment. Permanent faculty and staff are not entitled to assistance provided in this section for more than four credit hours a semester. The credit hours generated by individuals receiving assistance under this section may not be used in computing the higher education funding formula and may not have an impact on the level of funding an institution receives."/
Amend title to conform.
Rep. J.C. JOHNSON 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. PHILLIPS, with unanimous consent, it was ordered that H. 4580 be read the third time tomorrow.
The following Bill was taken up.
S. 261 -- Senator Fielding: A BILL TO ALTER THE COUNTY LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF BERKELEY COUNTY TO CHARLESTON COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS AND TO AMEND SECTION 2-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES INTO SPECIFIED HOUSE DISTRICTS AND SECTION 2-1-60, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE SENATE INTO SPECIFIED SENATORIAL DISTRICTS, SO AS TO DELETE A PORTION OF LAND FROM HOUSE DISTRICT 92 AND SENATORIAL DISTRICT 38 OF DORCHESTER AND BERKELEY COUNTIES AND ADD IT TO HOUSE DISTRICT 117 AND SENATORIAL DISTRICT 41 OF CHARLESTON COUNTY.
Rep. WOFFORD moved to adjourn debate upon the Bill until Thursday, April 30.
Rep. HOLT moved to table the motion, which was agreed to by a division vote of 9 to 6.
Rep. WOFFORD spoke against the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. WOFFORD having the floor.
Rep. RAMA moved that the House recur to the morning hour, which was rejected.
Rep. MATTOS, with unanimous consent, made the following remarks:
"Mr. Speaker, ladies and gentlemen of the House...I rise today to speak to you in regards to a gentleman from Greenville county who was a former member of the House of Representatives. He served ably in the Senate, P. Bradley Morrah, Jr. A man of slight stature, P. Bradley Morrah, Jr. cast a giant shadow and all that knew him shared the great respect for this man of strong conviction, unquestionable moral character and an undeniable spirit of fairness that permeated everything he did. During a time when each of the counties had their own senator, his articulate presentation and passion for debate along with an exemplary standard of integrity resulted in a level of influence that brought great benefit to not only Greenville county, but to the State of South Carolina. He was a genuine southern gentleman from the word go, from his dapper attire and charming demeanor to his melodious tone in his voice whenever he spoke. And if you ever met P. Bradley Morrah, you never forgot that meeting, and you knew that you had met someone uniquely special with an uncommon greatness. The unselfish contributions he made to his community, Greenville county, and the State of South Carolina endeared him to many, and those of us who knew him will always remember and appreciate his leadership, his friendship and his unfailing loyalty to that which was worthy and just. Thank you, Mr. Speaker."
Rep. KLAPMAN, with unanimous consent, made a statement relative to former House member P. Bradley Morrah, Jr. of Greenville County.
On motion of Rep. WOFFORD, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.
S. 1098 -- Senators Lourie, Giese and Passailaigue: A BILL TO AMEND SECTION 43-21-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA COMMISSION ON AGING, SO AS TO AUTHORIZE THE COMMISSION TO CERTIFY HOMEMAKERS AND HOME HEALTH AIDES IN ACCORDANCE WITH THE FEDERAL OMNIBUS BUDGET RECONCILIATION ACT AND ESTABLISH AND COLLECT FEES FOR ADMINISTERING THIS CERTIFICATION PROGRAM AND CARRY FORWARD REMAINING FEES TO THE NEXT FISCAL YEAR FOR THE SAME PURPOSE.
The following was received.
Columbia, S.C., April 2, 1992
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:55 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. ROGERS the invitation was accepted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3048 -- Rep. Keyserling: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT THE UNIFORM TRAFFIC TICKET MUST BE USED FOR VIOLATIONS OF COUNTY OR MUNICIPAL ORDINANCES.
The Senate amendments were agreed to, and the Bill, 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.
The Senate amendments to the following Bill were taken up for consideration.
H. 3693 -- Reps. Keegan and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT TO CONTRACT FOR STORM DRAINAGE SERVICES WITH THE APPROVAL OF THE GOVERNING BODY OF THE DISTRICT.
Rep. QUINN made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The motion period was dispensed with on motion of Rep. L. MARTIN.
Rep. RAMA moved that the House recur to the morning hour, which was rejected.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. FAIR having the floor.
H. 3314 -- Reps. Rama, Whipper, Keyserling, J. Bailey, Houck, Waites, Jaskwhich, Wilkes and Beatty: A BILL TO AMEND SECTION 59-63-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWING CORPORAL PUNISHMENT IN THE PUBLIC SCHOOLS OF THIS STATE, SO AS TO PROHIBIT CORPORAL PUNISHMENT, PROVIDE EXCEPTIONS, AND DEFINE "CORPORAL PUNISHMENT".
Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 26, by the Committee on Education and Public Works.
Rep. FAIR relinquished the floor.
Rep. CATO moved to table the Bill.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barber Baxley Beasley Bennett Boan Brown, H. Bruce Burch, K. Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Gentry Glover Hallman Harrelson Harris, J. Harris, P. Haskins Houck Huff Hyatt Jennings Kempe Kinon Kirsh Koon Littlejohn Marchbanks Martin, L. Mattos McAbee McCraw McElveen McKay Meacham Nettles Phillips Quinn Rhoad Riser Ross Sharpe Sheheen Shirley Shissias Smith Stoddard Stone Sturkie Townsend Tucker Vaughn Wilkins Williams, J. Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Bailey, J. Brown, J. Gonzales Holt Inabinett Jaskwhich Keegan Keyserling Klapman Lanford Martin, D. McTeer Neilson Rama Rogers Rudnick Waites Whipper Wilkes
So, the Bill was tabled.
Rep. BAXLEY moved that the House stand at ease until the Ratification of Acts, and upon completion, the House stand adjourned, which was agreed to.
At 11:45 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R329) S. 1174 -- Senator Russell: AN ACT TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, SO AS TO PROVIDE THAT RECOMMENDATIONS FOR MEMBERSHIP ON THE COMMISSION MUST BE MADE BY RESIDENT MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE FROM SPARTANBURG COUNTY, AND TO DELETE AN OBSOLETE REFERENCE.
(R330) S. 1206 -- Senators Giese, Wilson, Courtney and Bryan: AN ACT TO AMEND SECTION 23-1-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR CONSTABLES, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS WHO HAVE RETIRED HONORABLY FROM THEIR DUTIES AS OFFICERS ARE NOT REQUIRED TO PAY A FEE.
(R331) S. 1203 -- Senator Setzler: AN ACT TO AMEND CHAPTER 51, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WIL LOU GRAY OPPORTUNITY SCHOOL, SO AS TO REVISE THE OFFICIAL NAME AND DUTIES OF THE SCHOOL, THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL, AND THE MANNER IN WHICH THE CHAIRMAN AND OTHER OFFICERS OF THE BOARD ARE SELECTED AND TO FURTHER PROVIDE FOR THE MANNER OF FILLING VACANCIES ON THE BOARD AND FOR THE RESPONSIBILITIES OF THE DIRECTOR OF THE SCHOOL.
(R332) S. 763 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-85 SO AS TO MAKE UNLAWFUL AND PROHIBIT CERTAIN ACTIVITY WITHIN ONE HUNDRED YARDS OF THE SOUTH OCEAN JETTY AT THE ENTRANCE TO MURRELLS INLET AND TO PROVIDE FOR A PENALTY.
(R333) S. 851 -- Senator Drummond: AN ACT TO AMEND SECTION 50-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY ACT AND ITS REGULATIONS AND WATERFOWL PROVISIONS, SO AS TO PROVIDE FOR THE WILDLIFE AND MARINE RESOURCES COMMISSION TO SET SPECIAL SEASONS, BAG LIMITS, AND METHODS FOR HUNTING AND TAKING WATERFOWL AND REVISE THE PENALTIES.
(R334) S. 1302 -- Senators Leatherman, J. Verne Smith, Helmly and Peeler: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCREASE THE FISCAL YEAR 1992 NURSING HOME MEDICAID PERMITS OF CERTAIN NURSING HOMES; TO PROVIDE ALTERNATE METHODS FOR CALCULATING THE INCREASE; AND TO PROHIBIT ASSESSING A PENALTY THAT MAY OTHERWISE RESULT FROM THE CHANGE IN MEDICAID PATIENT DAYS PROVIDED BY A NURSING HOME.
(R335) S. 984 -- Senators Drummond, Martschink, McConnell, Fielding, Long, Hinds, Passailaigue and Washington: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-5 SO AS TO DEFINE THE CENTER LINE OF WATERWAYS FOR PURPOSES OF DESCRIBING COUNTIES AND JURY AREAS; TO AMEND SECTIONS 4-3-70, 4-3-100, 4-3-150, 4-3-270, 4-3-310, AND 4-3-320, RELATING TO THE BOUNDARIES OF THE COUNTIES OF BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER, SO AS TO REDEFINE THEIR BOUNDARIES; TO AMEND SECTION 22-2-190, AS AMENDED, RELATING TO JURY AREAS IN VARIOUS COUNTIES, SO AS TO REDEFINE THE JURY AREAS IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER COUNTIES; AND TO REPEAL SECTION 4-3-160 RELATING TO THAT PORTION OF CHARLESTON COUNTY WHICH WAS TRANSFERRED TO COLLETON COUNTY.
(R336) S. 1311 -- Senators Giese, Rose, Drummond, Mullinax, Hinson, Nell W. Smith, Fielding, McConnell, Peeler, Courtney, McGill, Passailaigue, Lourie, Land, Leatherman, Saleeby, Reese, Moore, Shealy, Gilbert, Wilson, Robert W. Hayes, Jr., Courson, Martschink, Patterson, Russell, Bryan, Helmly and Hinds: AN ACT TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO INCLUDE A NURSE PRACTITIONER AMONG THOSE PROFESSIONALS WHO MAY PRESCRIBE DRUGS; AND TO AMEND SECTION 40-43-360, RELATING TO DEFINITIONS IN THE REGULATION OF PHARMACISTS, SO AS TO INCLUDE NURSE PRACTITIONER IN THE DEFINITION OF "PRACTITIONER".
(R337) S. 1364 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO CONTINUING INSURANCE EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1434, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R338) S. 1114 -- Senators Lourie, Giese, Passailaigue and Rose: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, IN COOPERATION WITH THE SOUTH CAROLINA COMMISSION ON AGING AND THE STATE AGENCY OF VOCATIONAL REHABILITATION, TO STUDY THE ISSUANCE AND USE OF RESTRICTED DRIVERS' LICENSES FOR THE AGING AND PERSONS WITH HANDICAPPING CONDITIONS AS A MEANS TO ENHANCE THE INDEPENDENCE AND SELF-SUFFICIENCY OF THESE PERSONS AND TO REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING; AND TO AMEND SECTION 56-5-3880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLOSURE OF HIGHWAYS FOR RUNNING EVENTS, SO AS TO PROVIDE AN ALTERNATIVE BRIDGE TO THE COOPER RIVER BRIDGE FOR THAT RUN AND PROVIDE CONDITIONS.
(R339) S. 1045 -- Senator Stilwell: AN ACT TO AMEND SECTION 23-31-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PURCHASING A PISTOL, SO AS TO PROVIDE THAT THE CONTENTS OF THE APPLICATION INCLUDE THE UNITED STATES MILITARY IDENTIFICATION CARD NUMBER FOR AN APPLICANT ON ACTIVE DUTY IN THE UNITED STATES MILITARY AND THAT RESIDENCY IS NOT REQUIRED OF AN APPLICANT WHO IS ON ACTIVE DUTY AND WHO HAS IN HIS POSSESSION A CURRENT UNITED STATES MILITARY IDENTIFICATION CARD.
(R340) S. 541 -- Senators Lourie, Giese, Passailaigue, Bryan, Hayes and Long: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-504 SO AS TO PROVIDE FOR HEALTH CARE POWERS OF ATTORNEY, TO DEFINE TERMS, TO EXPLAIN THE RELATIONSHIP BETWEEN A HEALTH CARE POWER OF ATTORNEY AND A DURABLE POWER OF ATTORNEY, TO PROVIDE THAT THE ADULT HEALTH CONSENT ACT APPLIES TO DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE STANDARDS FOR DETERMINING MENTAL INCOMPETENCE, TO PROVIDE EXECUTION REQUIREMENTS, INCLUDING WITNESS QUALIFICATIONS, AND A FORM FOR A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE SPECIFIC POWERS FOR A HEALTH CARE AGENT IN ADDITION TO THOSE PROVIDED IN THE HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A HEALTH CARE AGENT IS NOT LIABLE FOR HEALTH CARE COSTS INCURRED ON BEHALF OF A PRINCIPAL AND IS ENTITLED TO REIMBURSEMENT BUT NOT COMPENSATION FOR SERVICES PERFORMED UNDER A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT LIFE-SUSTAINING PROCEDURES MAY NOT BE WITHHELD PURSUANT TO A DURABLE POWER OF ATTORNEY IF THE PRINCIPAL IS PREGNANT, TO PROVIDE THAT HEALTH CARE PROVIDERS MUST FOLLOW DIRECTIVES OF A HEALTH CARE AGENT UNDER A POWER OF ATTORNEY AND THAT THE AGENT MUST GIVE DIRECTIVES IN ACCORDANCE WITH THE PRINCIPAL'S DIRECTIVES IN THE POWER OF ATTORNEY OR IN A DECLARATION OF A DESIRE FOR A NATURAL DEATH, TO PROVIDE A GOOD FAITH DEFENSE TO THOSE WHO MAKE AND THOSE WHO RELY ON DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A PRINCIPAL MAY APPOINT SUCCESSOR AGENTS AND THAT IF NO AGENT IS AVAILABLE, DECISIONS MUST BE MADE BY A SURROGATE UNDER THE ADULT HEALTH CARE CONSENT ACT, IN ACCORDANCE WITH THE DIRECTIONS IN THE POWER OF ATTORNEY, TO PROVIDE REVOCATION PROCEDURES, TO PROVIDE THAT EXECUTION AND EFFECTUATION OF A HEALTH CARE POWER OF ATTORNEY DOES NOT CONSTITUTE SUICIDE, TO PROVIDE THAT A HEALTH CARE POWER OF ATTORNEY MUST NOT BE REQUIRED AS A CONDITION FOR INSURANCE, MEDICAL TREATMENT, OR ADMISSION TO A HEALTH CARE FACILITY, TO PROVIDE THAT THIS SECTION DOES NOT AUTHORIZE MERCY KILLING, TO PROVIDE THAT THE ABSENCE OF A HEALTH CARE POWER OF ATTORNEY DOES NOT GIVE RISE TO ANY PRESUMPTION REGARDING LIFE-SUSTAINING PROCEDURES, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT A PHYSICIAN OR FACILITY THAT DOES NOT FOLLOW INSTRUCTIONS PURSUANT TO A HEALTH CARE POWER OF ATTORNEY MUST ATTEMPT TO FIND A PHYSICIAN OR FACILITY THAT WILL; TO AMEND SECTION 44-43-330, RELATING TO ANATOMICAL GIFTS, SO AS TO REORDER THE PRIORITY OF INDIVIDUALS WHO MAY CONSENT TO AN ANATOMICAL GIFT FOR A DECEDENT BY ADDING AN AGENT UNDER A HEALTH CARE POWER OF ATTORNEY; TO AMEND SECTION 44-66-20, RELATING TO DEFINITIONS IN THE ADULT HEALTH CARE CONSENT ACT, SO AS TO REVISE THE DEFINITION OF HEALTH CARE; TO AMEND SECTION 44-66-30, RELATING TO PERSONS AUTHORIZED TO MAKE HEALTH CARE DECISIONS, SO AS TO REQUIRE THAT THOSE DECISIONS MUST BE BASED ON THE PATIENT'S WISHES, IF KNOWN, AND TO ALLOW THE AUTHORIZED PERSON TO EITHER CONSENT OR WITHHOLD HEALTH CARE; AND TO AMEND SECTION 62-5-501, AS AMENDED, RELATING TO THE EXECUTION OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY, OR MENTAL INCOMPETENCE, SO AS TO PROVIDE HOW PHYSICAL DISABILITY OR MENTAL INCOMPETENCE MAY BE DETERMINED, AND TO PROVIDE FOR THE CONTINUED VALIDITY OF A DURABLE POWER OF ATTORNEY FOR HEALTH CARE; TO AMEND SECTION 44-43-950, RELATING TO CONSENT FOR ORGAN DONATIONS, SO AS TO REORDER THE PRIORITY FOR CONSENT BY ADDING AN AGENT UNDER A HEALTH CARE POWER OF ATTORNEY; AND TO PROVIDE FOR THE VALIDITY OF A DURABLE POWER OF ATTORNEY FOR HEALTH CARE IRRESPECTIVE OF AMENDMENTS TO SECTION 62-5-501 CONTAINED IN THIS ACT.
(R341) S. 200 -- Senators Giese, Courson and Wilson: AN ACT TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO PROVIDE THAT THE RESPONSIBILITY FOR THE REMOVAL OF LITTER FROM PROPERTY OR RECEPTACLES IS UPON THE PERSON CONVICTED UNDER THIS SECTION OF LITTERING THE PROPERTY OR RECEPTACLES, BUT THAT IF THERE IS NO CONVICTION, THE RESPONSIBILITY IS UPON THE OWNER OF THE PROPERTY OR UPON THE OWNER OF THE PROPERTY WHERE THE RECEPTACLE IS LOCATED.
(R342) S. 762 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-95 SO AS TO MAKE IT UNLAWFUL TO KNOWINGLY HAVE IN ONE'S POSSESSION OR TO LAND OR SELL ANY SPECIES OF FISH TAKEN BY MEANS OF A BANGSTICK OR SIMILAR DEVICE.
(R343) S. 1345 -- Senators Passailaigue, McConnell, Rose, J. Verne Smith, Bryan, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Reese, Russell, Saleeby, Setzler, Shealy, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A JOINT RESOLUTION TO PROVIDE FOR THE PROSPECTIVE APPLICATION BY THE SOUTH CAROLINA TAX COMMISSION OF THE SALES AND USE TAX EXEMPTION RELATING TO RELIGIOUS PUBLICATIONS DECLARED TO BE UNCONSTITUTIONAL BY THE SOUTH CAROLINA SUPREME COURT, AND TO EXEMPT FROM SALES AND USE TAXES PARTS REPLACED BEFORE OCTOBER 1, 1991, ON MOTOR VEHICLES PURSUANT TO A WRITTEN MOTOR VEHICLE WARRANTY CONTRACT.
(R344) S. 1363 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-74-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO PROVIDE ADDITIONAL POWERS FOR THE BOARD OF DIRECTORS OF THE POOL TO CONTAIN INSURANCE COSTS, REQUIRE THE CHIEF INSURANCE COMMISSIONER'S APPROVAL BEFORE THE POOL MAY ISSUE INSURANCE POLICIES, AND DELETE DETAILED PROVISIONS REGARDING PAYMENT OF BENEFITS.
(R345) S. 903 -- Judiciary Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-545 SO AS TO PROVIDE A PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, REQUIRE THE SOLICITOR'S OFFICE TO PROSECUTE ALL TRANSFERRED CASES, AND REQUIRE AN ADEQUATE RECORD BE MADE BY THE SOLICITOR'S OFFICE OF ALL TRANSFERRED CASES, PROVIDE FOR THE DISTRIBUTION OF FINES ON TRANSFERRED CASES, AND REQUIRE THE COMMISSION ON PROSECUTION COORDINATION TO COMPILE RELEVANT DATA ON CASES TRANSFERRED UNDER THE PROVISIONS OF THIS ACT AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 1, 1994.
(R346) S. 540 -- Senator Pope: AN ACT TO AMEND SECTION 17-15-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING REQUIREMENTS FOR A SURETY COMPANY WITH RESPECT TO GUARANTEED ARREST BOND CERTIFICATES ISSUED BY AN AUTOMOBILE CLUB OR ASSOCIATION, SO AS TO INCREASE THE LIMIT OF THE COMPANY'S OBLIGATION FROM FIVE HUNDRED TO ONE THOUSAND FIVE HUNDRED DOLLARS.
(R347) H. 4400 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1432, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R348) H. 3381 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: AN ACT TO AMEND CHAPTER 25, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FITTING AND SELLING OF HEARING AIDS ACT, SO AS TO CHANGE THE REFERENCES TO THE PRACTICE OF SPECIALIZING IN HEARING AIDS ACT, REVISE DEFINITIONS AND THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, CHANGE THE REFERENCES TO THE COMMISSION OF HEARING AID DEALERS AND FITTERS TO THE COMMISSION OF HEARING AID SPECIALISTS AND REVISE RELATED REQUIREMENTS, AND REVISE THE REQUIREMENTS FOR LICENSES, PERMITS, LICENSEES, PERMITTEES, EXAMINATION, EDUCATION, FEES, SUSPENSION, REVOCATION, AND PENALTIES, AND PROVIDE FOR THE LICENSING OF AUDIOLOGISTS; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSION OF HEARING AID SPECIALISTS FOR SIX YEARS.
(R349) H. 4114 -- Rep. Wright: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-45 SO AS TO PROVIDE FOR ADDITIONAL CIRCUMSTANCES AND CONDITIONS UNDER WHICH PARENTS OR GUARDIANS ARE AUTHORIZED TO TEACH THEIR CHILDREN AT HOME.
(R350) H. 4479 -- Reps. Jennings, J. Harris, Baxley, Beasley, Kinon and K. Burch: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REQUIRE THAT ASPHALT USED IN PROJECTS APPROVED BY BID BY THE DEPARTMENT MAY INCLUDE RIVER GRAVEL UNLESS PROHIBITED BY FEDERAL STATUTE OR FEDERAL REGULATION.
(R351) H. 4583 -- Reps. Jennings and Beasley: AN ACT TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO CHANGE THE MARLBORO COUNTY BOARD OF EDUCATION FROM SEVEN TO NINE MEMBERS, TO PROVIDE THAT ALL MEMBERS MUST BE ELECTED IN 1992 EXCEPT THOSE WHOSE TERMS DO NOT EXPIRE IN 1992, TO CHANGE THE SINGLE-MEMBER DISTRICTS FROM SIX DISTRICTS TO EIGHT DISTRICTS WHICH CORRESPOND TO THE ELECTION DISTRICTS FOR THE ELECTION OF MEMBERS TO THE COUNTY COUNCIL OF MARLBORO COUNTY, AND TO PROVIDE PER DIEM OF THIRTY-FIVE DOLLARS A MEETING.
(R352) H. 3885 -- Rep. J. Bailey: AN ACT TO AMEND SECTION 59-19-125, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASING SCHOOL PROPERTY FOR PARTICULAR PURPOSES, SO AS TO DELETE THE PROVISION THAT LONG-TERM LEASES FOR CHILD CARE PROGRAMS MUST BE WITH NOT-FOR-PROFIT CORPORATIONS AND TO ALLOW THE SCHOOL DISTRICT TO ENTER INTO LEASES WITH ANY CORPORATION.
(R353) H. 4427 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO RULES OF PROFESSIONAL CONDUCT, ORGANIZATION, GENERAL PROVISIONS, AND UNDERSTANDINGS WITH OTHER BOARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1442, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R354) H. 4558 -- Rep. Sheheen: A JOINT RESOLUTION TO PROVIDE THAT CANDIDATES FOR SCHOOL BOARD IN KERSHAW COUNTY, FOR 1992 ONLY, SHALL FILE FOR THE OFFICE BETWEEN NOON JUNE FIRST AND NOON JUNE TWENTY-FIFTH, TO PROVIDE AN EXCEPTION IN THE CASE OF EARLIER FILINGS IN ACCORDANCE WITH OTHERWISE APPLICABLE PROVISIONS OF LAW, AND TO PROVIDE THAT THE DATE OF THE INITIAL ELECTION IS THE FOURTH TUESDAY IN AUGUST.
(R355) H. 3775 -- Rep. Bennett: AN ACT TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING AND IDENTIFICATION OF NONGAME FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR FLOATING MARKERS; TO AMEND SECTION 50-13-1135, RELATING TO COMMERCIAL AND NONCOMMERCIAL FISHING LICENSES FOR TAKING FRESHWATER NONGAME FISH WITH CERTAIN FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR A TROTLINE; TO AMEND SECTION 50-13-1145, RELATING TO THE MAXIMUM NUMBER OF DEVICES FOR FRESHWATER FISHING, SO AS TO REVISE THE NUMBER OF TROTLINE HOOKS; TO AMEND SECTION 50-13-1150, RELATING TO APPLICATIONS AND FEES FOR RESIDENT AND NONRESIDENT COMMERCIAL FISHING LICENSES, SO AS TO INCREASE THE FEE FOR NONRESIDENTS FROM FIVE HUNDRED TO ONE THOUSAND DOLLARS; TO AMEND SECTION 50-13-1155, RELATING TO TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES, SO AS TO INCREASE THE PURCHASE PRICE FOR THE TAGS AND PERMITS FOR NONRESIDENTS TO FIFTY DOLLARS; TO AMEND SECTION 50-13-1180, RELATING TO TROTLINES, SO AS TO REQUIRE TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE TO HAVE A GAP AND PROHIBIT STAINLESS STEEL HOOKS; TO AMEND SECTION 50-13-1192, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES USED IN FRESHWATER, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINES; TO AMEND SECTION 50-13-1195, RELATING TO PENALTIES IN THE PROTECTION OF NONGAME FISH, SO AS TO AUTHORIZE THE FORFEITURE OF TAGS AND PERMITS AND PROVIDE FOR THE INELIGIBILITY FOR OTHER TAGS AND PERMITS UPON FORFEITURE; AND TO AMEND SECTION 50-11-310, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 8.
(R356) H. 4248 -- Reps. Wright and Riser: AN ACT TO AMEND SECTIONS 15-74-10 AND 15-74-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF LIABILITY EXEMPTION FOR DONATED FOOD AND THE NATURE AND EXTENT OF THE CIVIL LIABILITY EXEMPTION TO FOOD DONORS, SO AS TO INCLUDE WITHIN THE DEFINITION OF PERISHABLE FOOD CONSUMER AGRICULTURAL PRODUCTS WHICH THE DONOR ALLOWS TO BE REMOVED FROM HIS LAND AFTER COMMERCIAL HARVESTING AND TO EXTEND THE EXEMPTION FROM CIVIL LIABILITY TO INJURIES RESULTING FROM THE NATURE AND CONDITION OF THE LAND.
(R357) H. 4218 -- Rep. Kirsh: AN ACT TO AMEND SECTION 40-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ACCOUNTANCY, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE PUBLIC MEMBERS AND DEFINE "IMMEDIATE FAMILY MEMBER"; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ACCOUNTANCY FOR SIX YEARS.
(R358) H. 3681 -- Reps. Waites, Wright, Jaskwhich, Sheheen, Beatty, Keesley, Wilder, Short and McElveen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-41 SO AS TO PROVIDE FOR THE JOINT ADMINISTRATION OF FUNCTIONS OF POLITICAL SUBDIVISIONS; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 4 SO AS TO PROVIDE PROCEDURES FOR THE CONSOLIDATION OF POLITICAL SUBDIVISIONS.
(R359) H. 4115 -- Reps. Phillips and Wright: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-65 SO AS TO PROVIDE THAT STATE FUNDS FOR THE ACQUISITION OF TEXTBOOKS IN THE PUBLIC SCHOOLS OF THIS STATE MAY ALSO BE USED TO ACQUIRE INSTRUCTIONAL TECHNOLOGY AND OTHER SIMILAR MATERIALS WHICH HAVE BEEN APPROVED BY THE STATE BOARD OF EDUCATION.
Rep. KEMPE moved to reconsider the vote whereby H. 3314 was tabled and the motion was noted.
At 12:00 Noon the House in accordance with the motion of Rep. G. BAILEY adjourned in memory of Mr. Cecil Jerome Walters, to meet at 10:00 A.M. tomorrow.
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