Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God of understanding and compassion, bless us all and deal with each one according to Your knowledge of our needs. Especially, now, do we ask Your special and continued presence to be upon Representative Annette Young in the loss of her husband, and with other members of the family. Undergird each one in the sure confidence of Your love and give to all who loved Mr. Young the comfort and consolation that only Heaven knows.
Bless us each one according to our station in life as we rely heavily upon Your championship which enables us to say: "The Lord is my Shepherd, I shall not want." (Psalm 23:1) 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 Friday, the SPEAKER ordered it confirmed.
Rep. MEACHAM moved that when the House adjourns, it adjourn in memory of Roger Allen Young, husband of Rep. ANNETTE YOUNG, which was agreed to.
On motion of Rep. WOFFORD, the House stood in silent prayer in memory of Roger Allen Young, husband of Rep. ANNETTE YOUNG.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3845 -- Reps. Phillips, Fulmer and Wright: A BILL TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 6 SO AS TO PROVIDE FOR REGISTRATION AND LICENSING OF CORPORATE-OWNED FLEET MOTOR VEHICLES.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3880 -- Rep. Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4435 SO AS TO PROVIDE THAT A MOTOR VEHICLE FROM WHICH FOOD PRODUCTS ARE SOLD FOR CONSUMPTION MUST HAVE CERTAIN VEHICLE SAFETY EQUIPMENT.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 402 -- Senator Land: A BILL TO AMEND SECTION 56-1-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAVING A DRIVER'S LICENSE IN POSSESSION WHEN OPERATING A MOTOR VEHICLE, SO AS TO PROVIDE THAT UPON CONVICTION FOR VIOLATION OF THIS SECTION COURT COSTS MAY BE WAIVED AND NO POINTS MAY BE ASSESSED FOR DRIVING RECORD OR INSURANCE PURPOSES.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3922 -- Rep. Sheheen: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED NONPROFIT HOUSING CORPORATIONS EXCLUSIVELY PROVIDING BELOW-COST HOUSING FOR HANDICAPPED PERSONS OR BOTH AGED AND HANDICAPPED PERSONS TO NONPROFIT CORPORATIONS EXCLUSIVELY PROVIDING BELOW-COST SUPPORTIVE HOUSING FOR ELDERLY PERSONS OR HOUSEHOLDS AUTHORIZED PURSUANT TO APPROPRIATE FEDERAL LAWS AND TO DELETE OBSOLETE LANGUAGE.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3897 -- Reps. Waites, Houck, Baxley, Kelley, Cromer, G. Bailey, Hines, Simrill, Hallman, Neilson, Richardson, Shissias, Keegan, Stille, J. Bailey, Klauber, Snow, Vaughn, Walker, D. Wilder, Stone, Allison, Meacham, Cato, A. Young, Moody-Lawrence and Hutson: A BILL TO AMEND SECTION 8-13-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO INCLUDE THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATE WITHIN JURISDICTION OF THE COMMISSION; AND TO REPEAL SECTIONS 8-13-530 THROUGH 8-13-560 RELATING TO THE HOUSE OF REPRESENTATIVES AND SENATE ETHICS COMMITTEES.
Ordered for consideration tomorrow.
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 567 -- Senators Moore, Short and Jackson: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 26 SO AS TO ENACT THE SOUTH CAROLINA CHILD FATALITY REVIEW AND PREVENTION ACT, TO PROVIDE FOR THE POLICY OF THE STATE IN PREVENTING CHILD DEATHS, TO CREATE THE STATE CHILD FATALITY REVIEW TEAM WITHIN THE CENTER FOR FAMILY IN SOCIETY, UNIVERSITY OF SOUTH CAROLINA, TO PROVIDE FOR ITS MEMBERS, ITS PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR ACCESS TO AND CONFIDENTIALITY OF RECORDS RELATING TO CHILDREN WHO HAVE DIED AND SERVICES PROVIDED TO THESE CHILDREN AND THEIR FAMILIES; TO ADD SECTIONS 17-5-140 AND 17-5-265 SO AS TO REQUIRE CORONERS AND MEDICAL EXAMINERS TO NOTIFY THE CHAIRMAN OF THE CHILD FATALITY REVIEW TEAM WHEN A CHILD DIES UNDER CERTAIN CIRCUMSTANCES; TO ADD SECTIONS 17-5-150 AND 17-5-275 SO AS TO AUTHORIZE A CORONER OR A MEDICAL EXAMINER TO OBTAIN AN INSPECTION WARRANT IN THE COURSE OF CONDUCTING AN INVESTIGATION OF A CHILD'S DEATH; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILD ABUSE AND NEGLECT LAW, SO AS TO REVISE THE DEFINITION OF "ABUSED OR NEGLECTED CHILD"; TO AMEND SECTION 20-7-510, RELATING TO REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A CORONER, A MEDICAL EXAMINER, AND THEIR EMPLOYEES TO REPORT; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE REPORTS, AND RECORDS, SO AS TO ALLOW THE RELEASE OF SUCH INFORMATION TO COUNTY MEDICAL EXAMINERS, CORONERS, AND THE STATE TEAM; TO AMEND SECTION 44-63-110, AS AMENDED, RELATING TO FEES FOR VITAL RECORDS, SO AS TO PROVIDE A TWO DOLLAR SURCHARGE ON AN ORIGINAL DEATH CERTIFICATE TO FUND THE CHILD FATALITY REVIEW TEAM; AND TO PROVIDE THAT FUNDS AND POSITIONS RELATED TO THE CHILD FATALITY REVIEW PROCESS IN THE DEPARTMENT OF SOCIAL SERVICES MUST BE TRANSFERRED TO THE CENTER FOR FAMILY IN SOCIETY.
Rep. COBB-HUNTER moved to waive Rule 5.12, which was agreed to by a division vote of 40 to 0.
On motion of Rep. COBB-HUNTER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 756 -- Senator Cork: A BILL TO REPEAL ACT 583 OF 1971 RELATING TO THE CREATION OF THE HILTON HEAD ISLAND FIRE DISTRICT IN BEAUFORT COUNTY.
Referred to Beaufort Delegation.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Bailey, J. Barber Baxley Breeland Brown, H. Brown, J. Cato Chamblee Clyborne Cobb-Hunter Cooper Cromer Davenport Delleney Elliott Fair Farr Felder Gamble Gonzales Govan Harris, J. Harris, P. Harrison Hines Holt Hutson Inabinett Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McMahand McTeer Meacham Neal Neilson Phillips Quinn Rhoad Richardson Riser Scott Sharpe Sheheen Shissias Simrill Smith, R. Snow Spearman Stille Stone Stuart Thomas Townsend Trotter Tucker Waites Waldrop Walker White Wilder, D. Wilder, J. Wilkins Williams Witherspoon Wofford Young, R.
I came in after the roll call and was present for the Session on Tuesday, May 11.
Merita A. Allison Lewis R. Vaughn Harry M. Hallman, Jr. Lindsey O. Graham Timothy C. Wilkes Alfred B. Robinson, Jr. Terry E. Haskins Douglas Jennings, Jr. Grady A. Brown Lucille S. Whipper Roland S. Corning Ralph W. Canty Irene K. Rudnick Robert W. Harrell, Jr. Harold G. Worley Timothy F. Rogers William S. Houck, Jr. Carole C. Wells James H. Hodges Eugene C. Stoddard Marion P. Carnell Doug Smith Michael F. Jaskwhich David A. Wright Steve P. Lanford Ronald C. Fulmer Dell Baker Donald W. Beatty B. Hicks Harwell Joseph T. McElveen, Jr. James P. Harrelson Morgan Martin Alma W. Byrd William D. Boan Bessie Moody-Lawrence C. Lenoir Sturkie
LEAVE OF ABSENCE
The SPEAKER granted Rep. A. Young a leave of absence due to the death of her husband.
Announcement was made that Dr. Arthur C. Hutson, Jr. of Charleston is the Doctor of the Day for the General Assembly.
The following was received.
Columbia, S.C., May 11, 1993
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:30 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. WALDROP, the invitation was accepted.
The following Bill was taken up.
S. 548 -- Senator Land: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER IN GAME ZONE 8, SO AS TO EXTEND THE BOW AND ARROW SEASON FOR ANTLERED DEER AND TO PROVIDE FOR A BOW AND ARROW SEASON OF FIFTEEN DAYS FOR ANTLERLESS DEER.
Reps. McABEE and WALDROP, with unanimous consent, proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\N05\7248AL.93), which was adopted.
Amend the bill, as and if amended, Section 50-11-310(A), SECTION 1, by striking items (2) and (3) and inserting:
/(2) Game Zone 2: with primitive weapons including, but not limited to, bow and arrow September fifteenth through January first and for still hunts with firearms October first through January first;
(2)(3) In Game Zone 5, antlered deer may be taken from: by bow and arrow September first through September fourteenth and with firearms September fifteenth through January first.;/
Amend title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 3669 -- Reps. Kirsh, Wofford and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1642 SO AS TO PROHIBIT PLACEMENT OF CHILDREN IN FOSTER CARE WITH A PERSON WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT, OR WHO HAS BEEN CONVICTED OF OFFENSES AGAINST A PERSON OR AGAINST MORALITY OR DECENCY; BY ADDING SECTION 20-7-1643 SO AS TO REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH STANDARDS FOR FOSTER PARENT TRAINING; BY ADDING SECTION 43-1-115 SO AS TO REQUIRE THE DEPARTMENT TO CONDUCT BIENNIAL PERFORMANCE AUDITS OF COUNTY DEPARTMENT OF SOCIAL SERVICES CHILD PROTECTIVE SERVICES AND FOSTER CARE PROGRAMS; BY AMENDING SECTION 20-7-2240, RELATING TO AGENCIES AND INSTITUTIONS EXEMPT FROM REGULATION AS A CHILD WELFARE AGENCY, SO AS TO PROVIDE THAT FOSTER CARE FACILITIES, NOT RECEIVING STATE OR FEDERAL FUNDS, OPERATED BY CERTAIN RELIGIOUS ORGANIZATIONS MUST PASS ANNUAL FIRE, HEALTH, AND SANITATION INSPECTIONS.
H. 4137 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REPORTING TERMINATION OF SCHOOL DISTRICT PERSONNEL TO STATE DEPARTMENT OF EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1554, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3530 -- Reps. Barber, Hallman, R. Young, Holt, Whipper, J. Bailey and Breeland: A BILL TO AMEND SECTION 56-5-3860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, BICYCLES, AND CERTAIN OTHER VEHICLES PROHIBITED ON CONTROLLED-ACCESS HIGHWAYS, SO AS TO PROVIDE FOR A WAIVER BY A COUNTY COUNCIL.
H. 4146 -- Reps. J. Bailey and Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR THE HUNTING OF FOX IN GAME ZONE 6.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 539 -- Senator Drummond: A BILL TO AMEND SECTIONS 9-1-1560 AND 9-11-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISABILITY RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICER'S RETIREMENT SYSTEM, SO AS TO PROVIDE THAT MEMBERS RETIRING FROM THOSE SYSTEMS AFTER OCTOBER 15, 1992, AT ANY AGE AS A RESULT OF DISABILITY MUST RECEIVE A BENEFIT EQUAL TO AT LEAST FIFTEEN PERCENT OF AVERAGE FINAL COMPENSATION.
S. 595 -- Senators Drummond, Russell, J. Verne Smith and Passailaigue: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH FEES IN LIEU OF TAXES ARE AUTHORIZED, INCLUDING A REQUIREMENT THAT THE MINIMUM EIGHTY-FIVE MILLION DOLLAR INVESTMENT THRESHOLD FOR THE FEE ARRANGEMENT MAY NOT BE REDUCED EXCEPT BY A SPECIAL VOTE OF THE GENERAL ASSEMBLY, DEFINED AS AN AFFIRMATIVE VOTE OF TWO-THIRDS OF THE MEMBERS OF EACH HOUSE PRESENT AND VOTING BUT NOT LESS THAN THREE-FIFTHS OF THE TOTAL MEMBERSHIP OF EACH HOUSE, AND THE TRANSFERABILITY OF AN INTEREST IN A FEE IN LIEU OF TAXES AGREEMENT.
The following Bill was taken up.
H. 3729 -- Reps. Baxley, Quinn, Harrison, Hines, Barber, Inabinett, Snow, Thomas, R. Smith, Canty, Shissias, Stille, Gonzales, Walker, Littlejohn, D. Wilder and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 45 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR A SPECIAL COMMEMORATIVE LICENSE PLATE TO PROMOTE THE MANAGEMENT AND PROTECTION OF NONGAME AND ENDANGERED SPECIES.
Rep. BAXLEY, with unanimous consent, proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7228BD.93), which was adopted.
Amend the bill, as and if amended, Section 56-3-4510, page 3729-1-1, line 41, by striking /'Protect South Carolina's Endangered Species'/ and inserting /'South Carolina Protects Endangered Species'/.
Amend title to conform.
The Bill, as amended, was read the third time and ordered sent the Senate.
The following Bills and Joint Resolutions 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. 199 -- Senators Hayes, Martin and Waldrep: A BILL TO AMEND SECTION 5-23-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A LOCAL BOARD OF ADJUSTMENT, SO AS TO PROVIDE THAT A MUNICIPALITY BY ORDINANCE MAY PERMIT OR PRECLUDE A VARIANCE FOR A USE OF A LAND, BUILDING, OR STRUCTURE.
S. 257 -- Senator Drummond: A BILL TO AMEND SECTION 40-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES TO WHICH THE REQUIREMENTS OF NURSING DO NOT APPLY, SO AS TO INCLUDE OUT-OF-STATE NURSES ENROLLED IN AN APPROVED COURSE OR EXPERIMENTAL PROJECT; TO AMEND SECTION 40-33-230, RELATING TO STATE BOARD OF NURSING COMPENSATION, SO AS TO CONFORM COMPENSATION PROVISIONS TO OTHER STATE BOARDS; TO AMEND SECTION 40-33-260, AS AMENDED, RELATING TO A BOARD QUORUM, SO AS TO REVISE IT TO CONFORM TO THE INCREASED BOARD SIZE; TO AMEND SECTION 40-33-910, AS AMENDED, RELATING TO EXAMINATIONS, SO AS TO PROVIDE THAT AN APPLICANT MUST PASS AN EXAMINATION PRESCRIBED RATHER THAN ADMINISTERED BY THE BOARD; AND TO REAUTHORIZE THE STATE BOARD OF NURSING FOR SIX YEARS.
S. 259 -- Senator Drummond: A BILL TO AMEND SECTION 40-47-50 AND SECTION 40-47-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAL AND OSTEOPATHY PHYSICIAN LICENSING, SO AS TO DELETE THE REQUIREMENT FOR GOOD MORAL CHARACTER AND SOBRIETY; TO AMEND SECTION 40-47-200, AS AMENDED, RELATING TO SUSPENSION AND REVOCATION OF LICENSES, SO AS TO PROVIDE THAT THE STATE BOARD OF MEDICAL EXAMINERS MAY REQUIRE A LICENSEE OR APPLICANT TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION AND TO ALLOW THE PROVIDER TO OBTAIN MEDICAL RECORDS; TO REPEAL SECTION 40-47-220 RELATING TO DISPOSITION OF FEES AND INCOME; AND TO REAUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS FOR SIX YEARS.
S. 554 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO RESPIRATORY CARE PRACTITIONERS ANNUAL RENEWAL AND LATE FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1516, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 555 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO COMPUTERIZED ADAPTIVE TESTING; ISSUING PERMIT TO CANADIAN LICENSEES WHO HAVE PASSED THE COMMISSION ON GRADUATES OF FOREIGN NURSING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1585, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 695 -- Senators Hayes, Gregory, Peeler, Short, J. Verne Smith and Drummond: A JOINT RESOLUTION TO PROVIDE FOR PAYMENT OF THE CATAWBA INDIAN LAND SETTLEMENT CLAIM.
The following Bill was taken up.
H. 3463 -- Reps. Jennings, H. Brown, Kirsh, Huff, Houck, Neilson, Tucker, Baxley, Delleney, Wofford, Worley, McElveen, Martin, Cobb-Hunter, J. Wilder, Spearman, Elliott, McCraw, Phillips, Kinon, J. Harris and Askins: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES; BY ADDING SECTION 57-23-185 SO AS TO PROVIDE THAT JUST COMPENSATION BE PAID TO LANDOWNERS FOR REMOVAL OF SIGNS; AND TO AMEND SECTION 57-25-140, AS AMENDED, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO ALLOW SIGNS PROVIDING DIRECTIONAL INFORMATION.
The Education and Public Works proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4527AL.93), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 23 of Title 57 of the 1976 Code is amended by adding:
"Section 57-23-50. There is created a Scenic Highways Committee composed of eleven members. The members are:
(1) the Executive Director of the South Carolina Department of Highways and Public Transportation or his designee;
(2) Chairman of the South Carolina Department of Parks, Recreation and Tourism Commission or his designee;
(3) two representatives of the outdoor advertising industry who are active members of an organization such as the Outdoor Advertising Association of South Carolina;
(4) a representative of the South Carolina hotel and motel industry;
(5) a representative of the agricultural industry who is active in an organization such as the State Farm Bureau;
(6) a representative of the petroleum marketing industry;
(7) a representative of the tourism industry in South Carolina;
(8) a representative of highway beautification efforts, such as South Carolina Clean and Beautiful;
(9) a representative involved with parks and recreation, such as the South Carolina Recreation and Park Association; and
(10) a member of the general public to be appointed by the Governor.
Section 57-23-60. The committee shall select a chairman at its first meeting and must meet at least twice annually. A majority of the members present constitute a quorum of purposes of conducting business. The committee must recommend criteria for a scenic highway which must be forwarded to the General Assembly for approval. In developing the criteria, the committee must consider the scenic, cultural, historic, commercial, and economic significance of the road and area. The committee shall coordinate development of these criteria in conjunction with the criteria for scenic highways being developed by the federal highway administration.
Section 57-23-70. A written request for designating a scenic highway must be sent to the executive director of the South Carolina Department of Highways and Public Transportation, who shall forward the request to other members of the committee. The committee must review the request and make a recommendation based on the criteria established by it to the legislature regarding the request. A majority of the members may call for a public hearing to be held at the location where the scenic highway is proposed.
Section 57-23-80. After the committee recommends designating a road as a scenic highway, the recommendation must be transmitted to the General Assembly."
SECTION 2. The 1976 Code is amended by adding:
"Section 57-25-185. No governing body of any municipality, county, or other political subdivision of the State shall alter, remove, or cause to be altered or removed any lawfully established outdoor advertising sign which has not been removed on the effective date of this act, without the payment of just compensation. Just compensation is defined as fair market value and does not include allowing the continuation of a use or structure over a specified period of time."
SECTION 3. Section 57-25-140(A) of the 1976 Code, as last amended by Act 473 of 1992, is further amended by adding:
"( ) Upon application and payment of a one time application fee not to exceed one hundred dollars, the department may install and maintain Tourist Oriented Directional Signs (TODS). These TODS must provide basic directional information to the traveling public about the location of businesses where goods and services are offered for sale to the public. The department shall promulgate regulations regarding the implementation of the TODS program to establish standards to be met by an applicant seeking to obtain TODS. A merchant or business owner who is denied a permit for TODS has the right to appeal the decision under the Administrative Procedures Act."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. PHILLIPS moved to table the amendment, which was agreed to.
Rep. JENNINGS proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\DKA\4660AL.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 57-25-140(A) of the 1976 Code, as last amended by Act 473 of 1992, is further amended by adding:
"( ) Upon application and payment of a one time application fee not to exceed one hundred dollars, the department may install and maintain Tourist Oriented Directional Signs (TODS). These TODS must provide basic directional information to the traveling public about the location of businesses where goods and services are offered for sale to the public. The department shall promulgate regulations regarding the implementation of the TODS program to establish standards to be met by an applicant seeking to obtain TODS. A merchant or business owner who is denied a permit for TODS has the right to appeal the decision under the Administrative Procedures Act."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, May 12, which was adopted.
H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.
Rep. J. BAILEY moved to adjourn debate upon the following Bill until Wednesday, May 12, which was adopted.
S. 416 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-712 SO AS TO EXEMPT FROM REPORTING ON THE ANNUAL STATEMENT OF ECONOMIC INTEREST REQUIRED TO BE FILED BY MEMBERS OF THE GENERAL ASSEMBLY ANY ENTRY ARISING FROM ATTENDANCE AT AN EVENT ON THE INVITATION OF A LOBBYIST'S PRINCIPAL WHEN THE INVITATIONS COMMITTEE OF EITHER HOUSE OF THE GENERAL ASSEMBLY ACCEPTED THE INVITATION OR SUCH AN INVITATION EXTENDED TO ALL MEMBERS OF A COUNTY LEGISLATIVE DELEGATION.
Rep. J. BAILEY moved to adjourn debate upon the following Bill until Wednesday, May 12, which was adopted.
H. 3421 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-355 SO AS TO PROVIDE THAT IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR VEHICLE, THE COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM COLLATERAL SOURCES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND TO COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE THE CURRENT PROVISIONS AND PROVIDE THAT NOTWITHSTANDING CERTAIN SECTIONS, AFTER A CERTAIN DATE AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO THE DEFINITION OF "DAMAGES" UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO PROVIDE THAT THE TERM INCLUDES ACTUAL DAMAGES ONLY; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT AN INSURER SHALL ALSO OFFER THE INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES; TO AMEND SECTION 38-77-150, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS SHALL OFFER, AT THE OPTION OF THE INSURED, HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE IN ACCORDANCE WITH SECTION 38-77-350; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE, AND UNDERINSURED MOTORIST COVERAGE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT AUTOMOBILE INSURERS SHALL OFFER ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER, AT THE OPTION OF THE INSURED IN ACCORDANCE WITH SECTION 38-77-350 UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE; TO AMEND SECTION 56-9-350, RELATING TO SECURITY FOLLOWING MOTOR VEHICLE ACCIDENTS, VERIFICATION OF INSURANCE COVERAGE FORM TO BE ISSUED FOLLOWING CERTAIN ACCIDENTS, EFFECT OF FAILURE TO RETURN THE FORM, AND UNINVESTIGATED ACCIDENTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT WITHIN FIFTEEN DAYS AFTER AN ACCIDENT A WRITTEN REPORT OF THE ACCIDENT MUST BE FORWARDED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON A FORM PRESCRIBED BY THE DEPARTMENT; TO AMEND SECTION 56-10-10, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY AND THE SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT SECURITY MUST BE MAINTAINED ON EVERY MOTOR VEHICLE REQUIRED TO BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNERS OR OTHER OPERATORS NOT EXCLUDED IN ACCORDANCE WITH SECTION 38-77-340 RESIDE IN THE SAME HOUSEHOLD AND ARE INSUREDS UNDER THE SAME POLICY, IF ONE OF THE OWNERS OR OTHER OPERATORS DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A MOTOR VEHICLE SOUGHT TO BE REGISTERED MUST BE INSURED AND PROOF OF THE SAME, SO AS TO DESCRIBE THE PERSON APPLYING FOR REGISTRATION AS ONE "REQUIRED TO PROVIDE SECURITY ON A MOTOR VEHICLE AS PROVIDED IN SECTION 56-10-10"; TO AMEND SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT UPON THE LOSS OF AUTOMOBILE INSURANCE THE INSURED MUST OBTAIN NEW INSURANCE OR SURRENDER THE REGISTRATION AND LICENSE PLATES, SO AS TO FURTHER DESCRIBE THE MOTOR VEHICLE WHICH IS THE SUBJECT OF THIS SECTION AS ONE "FOR WHICH SECURITY IS REQUIRED AS PROVIDED IN SECTION 56-10-10", DELETE CERTAIN LANGUAGE, AND DESCRIBE THE RESIDENT FOR WHOM LAPSE OR TERMINATION OCCURS AFTER THREE MONTHS AS ONE "WHO DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS ARE REQUIRED TO INSURE AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NO INSURER IS REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT, PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW A POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, OR INCOME OF ANYONE WHO SEEKS TO BECOME INSURED, AND PROVIDE THAT AN APPLICANT DENIED COVERAGE MUST BE PROVIDED IN WRITING BY THE DENYING INSURER THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE BY THAT INSURER, AT THE TIME OF THE DENIAL; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 77 OF TITLE 38, SO AS TO ESTABLISH THE SOUTH CAROLINA JOINT UNDERWRITING ASSOCIATION (JUA), INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ABOLITION OF THE SOUTH CAROLINA REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER SHALL OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, AND PROVIDE THAT, NO LATER THAN NINETY DAYS AFTER THE PASSAGE OF THIS ACT, INSURERS OF AUTOMOBILE INSURANCE MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION FOR INSURANCE PURPOSES AND UNIFORM STATISTICAL PLANS, SO AS TO PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY-FIVE MILES PER HOUR IF THE PERSON CONVICTED HAS MAINTAINED THE SAFE DRIVER DISCOUNT FOR THE PREVIOUS THREE YEARS, AND PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR CONVICTIONS OF CERTAIN VIOLATIONS OCCURRING ON OR AFTER A CERTAIN DATE; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO, AMONG OTHER THINGS, CHANGE THE PENALTIES, INCLUDING PROVIDING FOR THE PERFORMANCE OF PUBLIC SERVICE HOURS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT, UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AS WELL AS THE POSSIBLE INCREASE IN THE INSURANCE RATES, THE EFFECT OF ANY SURCHARGES, OR THE EFFECT OF THE LOSS OF THE SAFE DRIVER DISCOUNT, AND PROVIDE THAT THE LIST MUST BE ON A FORM APPROVED BY THE CHIEF INSURANCE COMMISSIONER AND MUST ACCOMPANY THE POLICY; TO PROVIDE THAT, AFTER A CERTAIN DATE, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, PROVIDE THAT COMMISSIONS PAID TO AGENTS FOR POLICIES CEDED TO OR PLACED IN THE JUA SHALL BE SET BY THE JUA'S BOARD OF DIRECTORS, AND PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE THAT, WHEN THE OPERATOR OR OWNER OF A MOTOR VEHICLE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO COMPLETE TO VERIFY LIABILITY INSURANCE COVERAGE, PROVIDE FOR THE RETURN OF THE COMPLETED AND VERIFIED FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, PROVIDE FOR THE DEPOSIT OF SUCH COLLECTED FINES, AND PROVIDE FOR RELATED MATTERS; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY SHALL FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES, SECTION 38-73-1425, RELATING TO THE PROVISION THAT THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY WHICH DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IS THE FINAL RATE OR PREMIUM CHARGE REQUIRED BY SECTION 38-73-1420 OR THE FINAL RATE OR PREMIUM CHARGE APPROVED FOR USE BY THE INSURER, WHICHEVER IS GREATER, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES MUST BE IN ONE POLICY AND EXCEPTIONS, SECTION 38-77-920, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS AND AGENTS MAY NOT REFUSE ACCEPTANCE OF INSURANCE, PROPERTY RIGHTS OF CERTAIN AGENTS, AND RESTRICTION OF MAILINGS TO CERTAIN AREAS, SECTION 38-77-940, RELATING TO THE AUTOMOBILE INSURANCE LAW, AVOIDING CERTAIN CLASSES OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SECTION 38-77-950, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER AND NOTICE TO AN AUTOMOBILE INSURANCE POLICYHOLDER THAT HIS POLICY IS IN THE FACILITY, AND SECTION 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S BUSINESS; TO AMEND SECTION 38-77-111, RELATING TO THE COVERAGES OF AN AUTOMOBILE INSURANCE POLICY WHICH MAY BE CEDED TO THE REINSURANCE FACILITY AND THOSE COVERAGES WHICH CANNOT BE CEDED, SO AS TO DELETE THE REFERENCE TO THE FACILITY, REPLACE IT WITH THE "JOINT UNDERWRITING ASSOCIATION", AND ALLOW A CESSION EXCEPTION, WITH RESPECT TO COVERAGES UNDER A POLICY THAT AN AUTOMOBILE INSURER IS NOT MANDATED BY LAW TO WRITE, FOR TORT LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE FOR THOSE RISKS THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; AND TO PROVIDE A SEVERABILITY CLAUSE.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3601 -- Reps. Spearman, White and McAbee: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS INCOME TAX CREDIT, SO AS TO PROVIDE THAT COUNTIES WITH A POPULATION LESS THAN TWENTY THOUSAND ACCORDING TO THE 1990 UNITED STATES CENSUS ARE CONSIDERED LESS DEVELOPED COUNTIES FOR PURPOSES OF THE CREDIT AMOUNT ALLOWED.
Rep. KIRSH explained the Bill.
The following Bill was taken up.
H. 3828 -- Reps. Wilkins, Felder, Clyborne, Kirsh, McKay, Snow, J. Bailey, Holt, Hallman, Gonzales, Cato, Fulmer, Harrell, Wells, Thomas, A. Young, Baker, Walker, Jaskwhich, Vaughn, Haskins, Inabinett, Hutson, R. Young, Law, Breeland, Allison, Wright, Riser, Barber, Williams, Quinn, Marchbanks and Harrison: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH FEES IN LIEU OF TAXES ARE AUTHORIZED, INCLUDING A REQUIREMENT THAT THE MINIMUM EIGHTY-FIVE MILLION DOLLAR INVESTMENT THRESHOLD FOR THE FEE ARRANGEMENT MAY NOT BE REDUCED EXCEPT BY A SPECIAL VOTE OF THE GENERAL ASSEMBLY, DEFINED AS AN AFFIRMATIVE VOTE OF TWO-THIRDS OF THE MEMBERS OF EACH HOUSE PRESENT AND VOTING BUT NOT LESS THAN THREE-FIFTHS OF THE TOTAL MEMBERSHIP OF EACH HOUSE, AND THE TRANSFERABILITY OF AN INTEREST IN A FEE IN LIEU OF TAXES AGREEMENT.
Rep. KIRSH moved to table the Bill, which was agreed to.
The following Bill was taken up.
S. 320 -- Senators Giese, Passailaigue, Glover, Lander and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1920 SO AS TO PROVIDE THAT AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A HANDICAPPED OR DISABLED PERSON MAY OBTAIN A SPECIAL LICENSE TAG FOR A VEHICLE DESIGNED TO TRANSPORT A HANDICAPPED OR DISABLED PERSON AND THAT THE AGENCY, ORGANIZATION, OR FACILITY DOES NOT NEED TO PROVIDE A CERTIFICATE FROM A LICENSED PHYSICIAN; AND TO AMEND SECTION 56-3-1960, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, SO AS TO PROVIDE FOR THE ISSUANCE OF A PLACARD TO AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A HANDICAPPED OR DISABLED PERSON.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7177AL.93), which was adopted.
Amend the bill, as and if amended, Section 56-3-1960(2), SECTION 2, page 3, by striking lines 17 18, 19, and 20 and inserting:
/however, all placards must be at least six three inches by twelve nine and one-half inches in size and must display information the department considers necessary for enforcement purposes hang from the rearview mirror of a vehicle or be displayed on the driver's side dashboard when there is no hanging apparatus./
Amend further, page 4, by inserting after the /./ on line 2 /A placard issued for a temporary disability is valid only for the anticipated length of time of the disability specified by the physician in the certificate./
Amend further, page 4, line 9, by inserting /individual/ after /an/.
Amend further, page 4, by adding after the /./ on line 9, /An agency, organization, or facility may receive a placard for each vehicle registered upon payment of the appropriate fees./
Amend further, page 4, by deleting /annually/ on line 14 and inserting /every four years/.
Amend title to conform.
Rep. ROBINSON proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\15563SD.93).
Amend the bill, as and if amended, in Section 56-3-1910 of the 1976 Code, as contained in SECTION 1, by inserting immediately after /physician/ on line 42 of page 1.
Amend the bill further, as and if amended, in Section 56-3-1960 of the 1976 Code, as contained in SECTION 2, by striking /licensed physician's certificate/ on line 43 of page 2, beginning on line 3 of page 3, on line 31 of page 3, and beginning on line 3 of page 4 and inserting /licensed physician's certificate certificate from a licensed physician as defined in Section 40-47-5/.
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 2, Rep. ROBINSON having the floor.
At 12:30 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R77) S. 200 -- Senators Hayes and Martin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 73 TO TITLE 39 SO AS TO PROVIDE FOR THE STATE COMMODITY CODE.
(R78) S. 512 -- Senators Greg Smith and Williams: AN ACT TO AMEND SECTION 50-9-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN EXEMPTION FROM FISHING LICENSE REQUIREMENTS FOR PERSONS FISHING IN PRIVATE PONDS, SO AS TO DELETE THE PROVISION FOR THE EXEMPTION NOT TO APPLY TO COMMERCIAL PONDS, PROVIDE AN EXEMPTION FOR PATRONS OF CERTAIN COMMERCIAL BUSINESSES, AND PROVIDE FOR A PAY LAKE LICENSE.
(R79) S. 215 -- Senators Elliott, Rankin, Greg Smith, Reese, McConnell, Wilson, Bryan, McGill, Short, Richter, Lander, Mescher, Passailaigue, Ford, Jackson, Gregory and Martin: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 136 SO AS TO PROVIDE THAT COASTAL CAROLINA COLLEGE, A FOUR-YEAR REGIONAL BRANCH OF THE UNIVERSITY OF SOUTH CAROLINA, SHALL BECOME COASTAL CAROLINA UNIVERSITY ON JULY 1, 1993, AND SHALL BE A SEPARATE AND DISTINCT INSTITUTION OF HIGHER LEARNING OF THE STATE OF SOUTH CAROLINA, TO PROVIDE FOR A BOARD OF TRUSTEES WHICH SHALL GOVERN THE UNIVERSITY, TO PROVIDE FOR THE BOARD'S POWERS, DUTIES, AND FUNCTIONS, TO AUTHORIZE THE UNIVERSITY TO ISSUE REVENUE BONDS, AND TO PROVIDE FOR CERTAIN TRANSITIONAL PROVISIONS, INCLUDING THE TRANSFER OF PERSONNEL, ASSETS, AND LIABILITIES, TO PROVIDE FOR THE ISSUANCE OF STATE INSTITUTION BONDS TO REFUND OTHER STATE INSTITUTION BONDS ISSUED ON BEHALF OF THE UNIVERSITY OF SOUTH CAROLINA, AND TO PROVIDE FOR THE APPLICABILITY TO COASTAL CAROLINA UNIVERSITY OF CERTAIN PROVISIONS RELATING TO HIGHER EDUCATION BUDGETARY AND COST-RELATED MATTERS.
(R80) S. 135 -- Senators Rose, Reese and McGill: AN ACT TO AMEND SECTION 30-4-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, CERTAIN MATTERS WHICH ARE DECLARED TO BE PUBLIC INFORMATION, AND THE PROHIBITION ON THE USE OF CERTAIN INFORMATION FOR COMMERCIAL SOLICITATION, SO AS TO ADD TO THE LIST OF MATTERS WHICH ARE DECLARED TO BE PUBLIC INFORMATION STATISTICAL AND OTHER EMPIRICAL FINDINGS CONSIDERED BY THE LEGISLATIVE AUDIT COUNCIL IN THE DEVELOPMENT OF AN AUDIT REPORT.
(R81) S. 421 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE INVESTMENTS AND LIMITATIONS ON CERTAIN INVESTMENTS, SO AS TO DELETE A REFERENCE TO SECTION 38-11-40(F) AND REPLACE IT WITH A REFERENCE TO SECTION 38-11-50(A)(7); TO AMEND SECTION 38-11-100, RELATING TO INSURANCE INVESTMENTS, CERTAIN ASSETS AS BEING CONSIDERED ADMITTED ASSETS, AND VALUATION, SO AS TO CHANGE CERTAIN CODE SECTION REFERENCES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-21-95 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT FOR PURPOSES OF THE INSURANCE HOLDING COMPANY REGULATORY ACT, NO ACQUISITION OF A DOMESTIC INSURER, WHETHER A MEMBER OF A HOLDING COMPANY SYSTEM OR NOT, BY A CONTROLLING PRODUCER IN ANOTHER STATE MAY BE APPROVED UNLESS THE ACQUIRING PARTY DEMONSTRATES COMPLIANCE WITH CERTAIN REQUIREMENTS; TO AMEND SECTION 38-21-170, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT AND THE REQUIREMENTS THAT DIVIDENDS AND DISTRIBUTIONS MUST BE REPORTED, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT EACH REGISTERED INSURER SHALL REPORT TO THE CHIEF INSURANCE COMMISSIONER ALL DIVIDENDS AND OTHER DISTRIBUTIONS TO SHAREHOLDERS WITHIN FIVE, RATHER THAN FIFTEEN, BUSINESS DAYS FOLLOWING THE DECLARATION THEREOF AND AT LEAST TEN DAYS PRIOR TO THE PAYMENT THEREOF; TO AMEND SECTION 38-21-260, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT AND THE DETERMINATION OF THE ADEQUACY OF AN INSURER'S SURPLUS, SO AS TO REQUIRE FOR CONSIDERATION THE SOURCE OF THE INSURER'S EARNINGS AND THE EXTENT TO WHICH THE REPORTED EARNINGS INCLUDE EXTRAORDINARY ITEMS, SUCH AS SURPLUS RELIEF REINSURANCE TRANSACTIONS AND RESERVE DESTRENGTHENING; AND TO AMEND SECTION 38-21-270, AS AMENDED, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT AND THE REQUIREMENT FOR NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS OR DISTRIBUTIONS, SO AS TO PROVIDE THAT AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION INCLUDES A DIVIDEND OR DISTRIBUTION OF CASH OR OTHER PROPERTY WHOSE FAIR MARKET VALUE TOGETHER WITH THAT OF OTHER DIVIDENDS OR DISTRIBUTIONS MADE WITHIN THE PRECEDING TWELVE MONTHS EXCEEDS THE GREATER OF TEN PERCENT OF THE INSURER'S SURPLUS AS REGARDS POLICYHOLDERS AS SHOWN IN THE INSURER'S MOST RECENT ANNUAL STATEMENT, OR THE NET GAIN FROM OPERATIONS FOR LIFE INSURERS OR THE NET INCOME FOR NONLIFE INSURERS, NOT INCLUDING NET REALIZED CAPITAL GAINS OR LOSSES AS SHOWN IN THE INSURER'S MOST RECENT ANNUAL STATEMENT.
(R82) S. 626 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE RESIDENTIAL BUILDERS COMMISSION, RELATING TO RESIDENTIAL BUILDERS AND RESIDENTIAL SPECIALTY CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1526, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R83) S. 256 -- Senator Drummond: AN ACT TO AMEND SECTION 40-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND POWERS OF THE BOARD, SO AS TO AUTHORIZE THE BOARD TO ASSESS CIVIL FINES AND COLLECT COSTS FOR INVESTIGATIONS AND HEARINGS AND TO DELETE DUPLICATE PROVISIONS RELATING TO HEARING PROCEDURES; TO AMEND SECTION 40-9-31, RELATING TO REVOCATION OR SUSPENSION OF A LICENSE, SO AS TO ALSO ALLOW ASSESSMENT OF A CIVIL FINE UP TO TWO THOUSAND DOLLARS; TO REPEAL SECTION 40-9-100, RELATING TO DISPOSITION OF EXCESS FUNDS; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS FOR SIX YEARS.
(R84) S. 657 -- Senators Waldrep and O'Dell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 43 SO AS TO PROVIDE A PROCEDURE BY WHICH A COUNTY MAY CREATE A COUNTY HUMAN RESOURCES COMMISSION AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE GLEAAMS HUMAN RESOURCES COMMISSION REPRESENTING ANDERSON COUNTY.
(R85) S. 664 -- Senators Matthews, Ford, Glover, Washington, Patterson and Jackson: AN ACT TO AMEND SECTION 59-127-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO FURTHER PROVIDE FOR THE TERMS OF MEMBERS OF THE BOARD AND THE MANNER IN WHICH THEY ARE ELECTED.
(R86) S. 694 -- Senator Holland: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-990 SO AS TO PROVIDE THAT THE COMMISSION ON PROSECUTION COORDINATION MAY PROMULGATE THOSE REGULATIONS NECESSARY TO ASSIST IT IN THE PERFORMANCE OF ITS REQUIRED DUTIES AND TO AMEND SECTION 8-11-260, RELATING TO STATE EMPLOYEES WHO ARE EXEMPT FROM THE STATE CLASSIFICATION AND COMPENSATION PLAN, SO AS TO ALSO EXEMPT THE EMPLOYEES OF THE COMMISSION ON PROSECUTION COORDINATION AND ATHLETIC COACHES AND UNCLASSIFIED EMPLOYEES IN THE ATHLETIC DEPARTMENTS OF CERTAIN POST-SECONDARY EDUCATIONAL INSTITUTIONS.
(R87) S. 229 -- Senator Martin: AN ACT TO REPEAL SECTION 52-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON CARNIVALS AND TRAVELING TENT SHOWS EXHIBITING WITHIN THIS STATE.
(R88) S. 466 -- Senators Thomas, Courson, Mitchell and Passailaigue: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 113 TO TITLE 44 SO AS TO ENACT THE PROVIDER SELF-REFERRAL ACT; TO PROHIBIT HEALTH CARE PROVIDERS FROM REFERRING PATIENTS TO FACILITIES AND SERVICES IN WHICH THE PROVIDER HAS A FINANCIAL INTEREST UNLESS CERTAIN CONDITIONS ARE MET; TO PROVIDE PENALTIES; TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO GATHER DATA AND TO REPORT TO THE GENERAL ASSEMBLY.
(R89) S. 526 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE (SECURITIES DIVISION), RELATING TO DISHONEST OR UNETHICAL PRACTICES BY BROKER-DEALERS AND AGENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1511, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R90) S. 593 -- Senators Elliott, Greg Smith and Rankin: AN ACT TO AMEND ACT 337 OF 1971, AS AMENDED, RELATING TO THE CREATION OF THE GRAND STRAND WATER AND SEWER AUTHORITY, SO AS TO GRANT THE AUTHORITY THE POWER, WITH THE APPROVAL OF THE CUSTOMER, TO ROUND TO THE NEXT HIGHEST DOLLAR A CUSTOMER'S BILL AND DISBURSE THE FUNDS REALIZED FROM THIS ROUNDING PROCEDURE FOR CHARITABLE PURPOSES.
(R91) S. 642 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1602, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R92) S. 551 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1498, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R93) S. 420 -- Banking and Insurance Committee: AN ACT TO AMEND CHAPTER 41, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-41-25 SO AS TO REQUIRE AGENTS, BROKERS, AND ADMINISTRATORS TRANSACTING BUSINESS IN THIS STATE FOR MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS TO NOTIFY THE CHIEF INSURANCE COMMISSIONER THAT THE PLANS ARE TRANSACTING OR PROPOSING TO TRANSACT BUSINESS IN THIS STATE, AND TO PROVIDE FOR THE EFFECT OF SUCH NOTICE.
(R94) S. 609 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO AMUSEMENT RIDES SAFETY CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1571, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R95) S. 611 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO PROCEDURES FOR HEARING CHILD LABOR ACT ADMINISTRATIVE APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1642, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R96) S. 612 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO SAFETY STANDARDS FOR ELEVATOR FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1570, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R97) S. 613 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO PROCEDURES FOR HEARING PAYMENT OF WAGES ADMINISTRATIVE APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1613, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R98) S. 610 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTIONS 40-59-70, 40-59-77, 40-59-80, 40-59-90, 40-59-100, 40-59-110, 40-59-130, 40-59-140, 40-59-160, ALL AS AMENDED, AND SECTIONS 40-59-75 AND 40-59-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO RESIDENTIAL HOME BUILDERS, SO AS TO ESTABLISH A FEE SCHEDULE UNTIL THE GENERAL ASSEMBLY APPROVES THE FEES BY REGULATION; DELETE THE AUTHORITY OF THE RESIDENTIAL BUILDERS COMMISSION TO CERTIFY A RESIDENTIAL SPECIALTY CONTRACTOR; REQUIRE THAT A RESIDENTIAL SPECIALTY CONTRACTOR POST A BOND IF THE COST OF THE UNDERTAKING EXCEEDS FIVE THOUSAND DOLLARS, AND PROVIDE FOR RECIPROCITY FOR A RESIDENTIAL BUILDER'S LICENSE TO THOSE BUILDERS IN GOOD STANDING IN OTHER STATES.
(R99) S. 614 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-55-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PRESENTING OF A FALSE CLAIM FOR PAYMENT TO AN INSURER TRANSACTING BUSINESS IN THIS STATE, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ALSO APPLY TO FALSE CLAIMS FOR PAYMENT MADE TO HEALTH MAINTENANCE ORGANIZATIONS AND ANY PERSON INCLUDING THE STATE OF SOUTH CAROLINA PROVIDING BENEFITS FOR HEALTH CARE IN THIS STATE.
(R100) S. 641 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO CRITERIA FOR PHYSICIAN SUPERVISION OF NURSES IN THE EXTENDED ROLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1546, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R101) S. 615 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1592, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R102) S. 196 -- Senators Hayes, Stilwell, Waldrep, Wilson and Martin: AN ACT TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE AND PROVIDE THAT A REBUTTABLE PRESUMPTION IS PRESUMED THAT THE GRANTOR INTENDED TO CONVEY A FEE SIMPLE ABSOLUTE IF THERE IS A DISCREPANCY BETWEEN A DEED OR ADDENDUM WHERE WORDS OF INHERITANCE OR SUCCESSION ARE CONTAINED IN ONE BUT NOT ALL DOCUMENTS OR WHERE CONFLICTING LANGUAGE EXISTS.
(R103) H. 3842 -- Reps. Stuart, Koon, Riser, Spearman and Sturkie: AN ACT TO PROVIDE THAT OF THE MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 ELECTED IN 1994, ONE MUST BE A RESIDENT OF THE PELION SCHOOL ATTENDANCE AREA AND ANOTHER MUST BE A RESIDENT OF THE GILBERT SCHOOL ATTENDANCE AREA, TO REQUIRE THEIR SUCCESSORS TO ALSO BE RESIDENTS OF THESE SCHOOL ATTENDANCE AREAS, AND TO AUTHORIZE THE ENTITY CHARGED WITH CONDUCTING THESE TRUSTEE ELECTIONS TO REQUIRE THAT PROOF OF RESIDENCY IN THESE ATTENDANCE AREAS AS IT CONSIDERS NECESSARY.
(R104) H. 3596 -- Reps. R. Smith and Stone: AN ACT TO AMEND SECTION 59-67-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPEED LIMIT FOR PUBLIC SCHOOL BUSES AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NO PUBLIC SCHOOL BUS MAY BE OPERATED IN THIS STATE IN EXCESS OF FORTY-FIVE, RATHER THAN THIRTY-FIVE, MILES AN HOUR, EXCEPT WHEN TRAVELING ON A HIGHWAY WITH A POSTED MAXIMUM SPEED LIMIT ABOVE FIFTY-FIVE MILES AN HOUR OR EXCEPT UNDER CERTAIN OTHER CIRCUMSTANCES, DELETE CERTAIN LANGUAGE, AND PROVIDE THAT PUBLIC SCHOOL BUSES ARE NOT REQUIRED TO HAVE DEVICES TO GOVERN THE SPEED OR OPERATION OF THE VEHICLES; AND TO REPEAL SECTION 59-67-525, RELATING TO THE SPEED LIMIT FOR PUBLIC SCHOOL BUSES TRANSPORTING HANDICAPPED CHILDREN.
(R105) H. 3953 -- Rep. J. Wilder: AN ACT TO PROVIDE PAY FOR SERVICES RENDERED FOR MEMBERS OF THE WILLISTON SCHOOL DISTRICT 29 BOARD OF TRUSTEES IN BARNWELL COUNTY, AND TO REPEAL ACT 582 OF 1992 RELATING TO PROVIDING A PER DIEM ALLOWANCE FOR MEMBERS OF THE BOARD.
(R106) H. 3761 -- Rep. Kirsh: AN ACT TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 38 SO AS TO AUTHORIZE THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS IN DENOMINATIONS OF LESS THAN ONE THOUSAND DOLLARS; TO AUTHORIZE THESE CAPITAL IMPROVEMENT BONDS TO BE SOLD AT A PRICE LESS THAN PAR; TO AUTHORIZE THAT IN THE COMPUTATION OF THE PRINCIPAL AMOUNT OF CAPITAL IMPROVEMENT BONDS OUTSTANDING, THE AMOUNT THE STATE RECEIVES FROM THE SALE OF THE CAPITAL IMPROVEMENT BONDS RATHER THAN THE PAR AMOUNT OF IT MUST BE USED FOR THIS COMPUTATION; TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE MATURITY OF THESE BONDS; TO AUTHORIZE THESE BONDS TO BE OFFERED AND SOLD AT OTHER THAN PUBLIC SALE; AND TO AUTHORIZE THE STATE TREASURER TO DETERMINE THE RATE OF INTEREST THE CAPITAL IMPROVEMENT BONDS WILL BEAR.
(R107) H. 3276 -- Rep. Snow: AN ACT TO AMEND SECTION 50-13-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPORTATION, POSSESSION, OR SALE OF CERTAIN UNLAWFUL FISH SPECIES, SO AS TO INCLUDE RUDD (SCARDINIUS ERYTHROPHTALMU-LINNEAUS).
(R108) H. 3239 -- Rep. Snow: AN ACT TO REPEAL SECTION 50-11-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING, FISHING, OR TRAPPING ON LAND WITHOUT CONSENT.
(R109) H. 3640 -- Reps. Wilkins, Anderson, Vaughn, Haskins, Cato, Jaskwhich, M.O. Alexander, McMahand, Mattos, Baker and Clyborne: AN ACT TO AMEND SECTION 6-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF A COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO DISTRICTS IN COUNTIES THAT HAVE ADOPTED BY ORDINANCE UNIFORM ELECTION DATES FOR DISTRICTS WITHIN THOSE COUNTIES BEFORE THE EFFECTIVE DATE OF THIS SECTION, AND AUTHORIZE THE FILING OF A STATEMENT OF CANDIDACY BY A CANDIDATE IN ORDER TO HAVE HIS NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF A SPECIAL PURPOSE DISTRICT.
(R110) H. 3493 -- Reps. Neilson, Sturkie, Holt, Hines, G. Brown, Law, Hutson, McLeod, Shissias, Littlejohn, Walker, Beatty, Canty, Davenport, Gonzales, Chamblee, Vaughn, McMahand, Allison, Rudnick, Inabinett, Barber, Stone, Fair, M.O. Alexander, Stille and Richardson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-731 SO AS TO PROVIDE FOR THE REMOVAL OF PERSONS FROM THE YOUTHFUL DRIVER CLASSIFICATION UNDER CERTAIN CIRCUMSTANCES FOR THE PURPOSES OF AUTOMOBILE INSURANCE, AND PROVIDE FOR THEIR RECLASSIFICATION AND FOR THE REFUNDING OF EXCESS PREMIUMS.
(R111) H. 3648 -- Reps. Kennedy, Canty, Hines, Cobb-Hunter, Whipper, Neal, Scott, Byrd, Simrill, Graham, J. Wilder, Govan, Snow, Neilson, Gonzales, Holt, Stille, Phillips, Harrell, Breeland, Inabinett, Thomas, Haskins, Vaughn, Jennings, Moody-Lawrence, R. Smith, Kinon, Stuart, Rudnick, Houck, D. Smith, D. Wilder, Askins, McCraw and Littlejohn: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY TO ESTABLISH THE SOUTH CAROLINA AFRICAN-AMERICAN HERITAGE COUNCIL TO ASSIST AND ENHANCE THE DEPARTMENT'S EFFORTS TO PRESERVE AND PROMOTE HISTORIC PROPERTIES REFLECTING THE STATE'S AFRICAN-AMERICAN HERITAGE; TO AUTHORIZE THE DEPARTMENT TO PROVIDE STAFF ASSISTANCE AND FUNDING FOR THE COUNCIL; AND TO PROVIDE FOR THE TERMINATION OF THE COUNCIL JUNE 1, 1998.
(R112) H. 3558 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE TELECOMMUNICATIONS RELAY SERVICE ADVISORY COMMITTEE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1520, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R113) H. 3871 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE, SECURITIES DIVISION, RELATING TO FINANCIAL REPORTING REQUIREMENTS FOR CERTAIN INVESTMENT ADVISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1512, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R114) H. 3112 -- Reps. Wilkins and Hodges: AN ACT TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES FOR TRAFFICKING IN CONTROLLED SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO TRAFFIC IN LYSERGIC ACID DIETHYLAMIDE (LSD) AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO DISTRIBUTION OF ICE, CRANK, OR CRACK COCAINE SO AS TO ADD OTHER DRUGS FOR PURPOSES OF ESTABLISHING PRIOR CONVICTION AND TO INCREASE THE PENALTIES.
(R115) H. 3869 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE, SECURITIES DIVISION, RELATING TO DISHONEST OR UNETHICAL PRACTICES BY INVESTMENT ADVISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1509, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R116) H. 3790 -- Rep. Phillips: AN ACT TO AMEND SECTION 59-125-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY, SO AS TO PROVIDE THAT THE GOVERNOR AND STATE SUPERINTENDENT OF EDUCATION AS EX OFFICIO MEMBERS OF THIS BOARD MAY APPOINT A DESIGNEE FOR THEM ON THE BOARD.
(R117) H. 3271 -- Reps. McKay, Jennings and Askins: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-87 SO AS TO PROHIBIT A PERSON FROM OPERATING A VESSEL WITHIN FIFTY FEET OF ANOTHER VESSEL WHEN A DIVER IS DISPLAYING A DIVER DOWN FLAG TO PROVIDE THE CONDITIONS WHICH MUST EXIST FOR THE PROHIBITION TO EXIST AND PROVIDE EXCEPTIONS.
(R118) H. 3257 -- Rep. Snow: AN ACT TO AMEND SECTION 50-11-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COMMERCIAL QUAIL BREEDER'S LICENSE, SO AS TO CHANGE THE TIME DURING WHICH A LICENSE IS EFFECTIVE.
(R119) H. 3825 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS (TRIENNIAL REVIEW), DESIGNATED AS REGULATION DOCUMENT NUMBER 1565, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R120) H. 3515 -- Reps. Harvin and T.C. Alexander: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-5-55 SO AS TO PROVIDE FOR LEGAL HOLIDAYS FOR BANKS AND SAVINGS AND LOAN INSTITUTIONS; AND TO REPEAL SECTIONS 53-5-40 AND 53-5-50, RELATING TO HOLIDAYS FOR BANKS AND SAVINGS AND LOAN INSTITUTIONS.
(R121) H. 3022 -- Rep. M.O. Alexander: AN ACT TO AMEND SECTION 44-53-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE SALE AND USE OF CLEANING AGENTS CONTAINING PHOSPHATES, SO AS TO PROVIDE THAT CLEANING AGENTS USED BY INDUSTRY FOR FABRIC OR FIBER CLEANING IS EXEMPT FROM THESE RESTRICTIONS.
(R122) H. 3960 -- Reps. Kennedy, Harvin and Williams: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO STUDY THE INTERSECTION OF U.S. HIGHWAY 52 AND U.S. HIGHWAY 521 IN WILLIAMSBURG COUNTY AND MAKE A RECOMMENDATION TO IMPROVE THE SAFETY OF THE AREA.
(R123) H. 3375 -- Reps. Huff, Wilkes and P. Harris: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 52-7-65 SO AS TO PROVIDE THAT THE CHIEF COMMISSIONER OF THE STATE ATHLETIC COMMISSION MAY DISCIPLINE ANY LICENSEE OF THE COMMISSION FOR VIOLATIONS OF APPLICABLE LAW OR REGULATIONS BY LICENSE SUSPENSION OR A CIVIL PENALTY NOT EXCEEDING FIVE HUNDRED DOLLARS, TO PROVIDE THAT EACH DAY A VIOLATION CONTINUES IS A SEPARATE VIOLATION, AND TO PROVIDE THAT DISCIPLINARY DECISIONS OF THE CHIEF COMMISSIONER ARE APPEALABLE TO THE FULL COMMISSION; AND TO AMEND SECTION 52-7-60, RELATING TO THE DISCIPLINARY AUTHORITY OF THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE DISCIPLINARY AUTHORITY OF THE COMMISSION EXTENDS TO ANY LICENSEE OF THE COMMISSION.
(R124) H. 3870 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE, SECURITIES DIVISION, RELATING TO CUSTODY OF CLIENT'S FUNDS OR SECURITIES BY INVESTMENT ADVISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1510, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R125) H. 3137 -- Reps. Baker, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baxley, Beatty, Boan, Breeland, H. Brown, J. Brown, Byrd, Canty, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, Harrison, Harvin, Harwell, Haskins, Hines, Holt, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Koon, Lanford, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stoddard, Stone, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-37-103 SO AS TO PROVIDE REQUIREMENTS FOR DIAGNOSTIC AND THERAPEUTIC CERTIFICATION OF AN OPTOMETRIST; BY ADDING SECTION 40-37-106 SO AS TO PROHIBIT AN OPTOMETRIST FROM ESTABLISHING A PHARMACY IN AN OPTOMETRY OFFICE AND TO PROVIDE THAT A CERTIFIED OPTOMETRIST MAY ADMINISTER OR SUPPLY PHARMACEUTICAL AGENTS TO PATIENTS TO INITIATE TREATMENT; BY ADDING SECTION 40-37-108 SO AS TO PROVIDE THAT A THERAPEUTICALLY CERTIFIED OPTOMETRIST MUST BE HELD TO THE STANDARD OF CARE OF PHYSICIANS AND SHALL MAINTAIN ONE MILLION DOLLARS IN MALPRACTICE INSURANCE; TO AMEND SECTION 40-37-20, RELATING TO THE AUTHORITY AND DUTIES OF THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTOMETRY, SO AS TO INCLUDE EXAMINING APPLICANTS FOR DIAGNOSTIC AND THERAPEUTIC CERTIFICATION; TO AMEND SECTION 40-37-105, RELATING TO THE USE OF TOPICAL APPLICATION OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO PROVIDE FOR THE DIAGNOSTIC AND THE THERAPEUTIC USE OF THESE AGENTS AND TO PROVIDE RESTRICTIONS; TO AMEND SECTION 40-37-107, RELATING TO REFERRALS OF PATIENTS BY OPTOMETRISTS TO PHYSICIANS, SO AS TO INCLUDE REFERRALS TO OTHER OPTOMETRISTS UNDER CERTAIN CONDITIONS, TO PROVIDE STANDARDS FOR TREATING GLAUCOMA, AND TO PROHIBIT SURGERY; TO ADD SECTION 40-37-109 SO AS TO DEFINE "SUPPLY" CONCERNING PHARMACEUTICAL AGENTS; TO AMEND SECTION 40-37-140, RELATING TO LICENSE RENEWAL AND CONTINUING EDUCATION, SO AS TO REQUIRE TWENTY HOURS OF EDUCATION A YEAR WITH CERTAIN PHARMACOLOGICAL REQUIREMENTS FOR CERTIFIED OPTOMETRISTS; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO WHO MAY PRESCRIBE DRUGS AND TO THE SALE OF DRUGS AT WHOLESALE, SO AS TO INCLUDE THERAPEUTICALLY CERTIFIED OPTOMETRISTS AMONG THOSE WHO MAY PRESCRIBE AND TO ALLOW THE SALE OF DRUGS AT WHOLESALE TO DIAGNOSTICALLY AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS; TO AMEND SECTION 40-43-155, AS AMENDED, RELATING TO PHARMACISTS SELLING PHARMACEUTICAL AGENTS TO OPTOMETRISTS, SO AS TO PROVIDE THAT THEY MAY BE SOLD TO OPTOMETRISTS WHO ARE DIAGNOSTICALLY AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS FOR CERTAIN PURPOSES; AND TO AMEND SECTION 40-43-360, AS AMENDED, RELATING TO DEFINITIONS IN THE PHARMACY ACT, SO AS TO INCLUDE A THERAPEUTICALLY CERTIFIED OPTOMETRIST AS A "PRACTITIONER" FOR THE PURPOSE OF DEFINING WHO MAY PRESCRIBE DRUGS.
(R126) H. 3400 -- Reps. Harwell, Rudnick, Elliott, Jennings, McKay, Kirsh, Boan, Hodges, J. Harris, Spearman, Gonzales and Hallman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-80 SO AS TO PROVIDE FOR THE MANNER IN WHICH CERTAIN ASSIGNMENTS OR COLLATERAL ASSIGNMENTS OF RENTS, ISSUES, OR PROFITS ARE VALID, ENFORCEABLE, AND PERFECTED.
(R127) H. 3873 -- Rep. Walker: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1992-93 SCHOOL YEAR, SCHOOL DISTRICTS ONE AND TWO IN SPARTANBURG COUNTY ARE EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP, AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.
(R128) H. 3528 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TRADE AND INDUSTRIAL EDUCATION TEACHER CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1579, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R129) H. 3879 -- Rep. McAbee: AN ACT TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY HIGHWAY S33-329 FROM HIGHWAY 378 TO THE PROPOSED CONNECTOR ROAD IN MCCORMICK COUNTY AND TO TRANSFER IT TO MCCORMICK COUNTY.
(R130) H. 3583 -- Rep. Rhoad: AN ACT TO AMEND SECTION 50-11-2480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPTED FROM THE REQUIREMENTS OF A FUR DEALER, BUYER, AND PROCESSOR'S LICENSE, SO AS TO INCLUDE PERMITTED PERSONS WHO OWN A FOX HUNTING ENCLOSURE UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 50-11-2580 RELATING TO EXCEPTIONS FROM WILDLIFE AND MARINE RESOURCES DEPARTMENT REQUIREMENTS FOR PERSONS WHO OWN A FOX HUNTING ENCLOSED PRESERVE OR PUP TRAINING FACILITY.
At 12:45 P.M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. ROBINSON having the floor.
S. 320 -- Senators Giese, Passailaigue, Glover, Lander and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1920 SO AS TO PROVIDE THAT AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A HANDICAPPED OR DISABLED PERSON MAY OBTAIN A SPECIAL LICENSE TAG FOR A VEHICLE DESIGNED TO TRANSPORT A HANDICAPPED OR DISABLED PERSON AND THAT THE AGENCY, ORGANIZATION, OR FACILITY DOES NOT NEED TO PROVIDE A CERTIFICATE FROM A LICENSED PHYSICIAN; AND TO AMEND SECTION 56-3-1960, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, SO AS TO PROVIDE FOR THE ISSUANCE OF A PLACARD TO AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A HANDICAPPED OR DISABLED PERSON.
Rep. ROBINSON proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\15563SD.93), which was adopted.
Amend the bill, as and if amended, in Section 56-3-1910 of the 1976 Code, as contained in SECTION 1, by inserting immediately after /physician/ on line 42 of page 1.
Amend the bill further, as and if amended, in Section 56-3-1960 of the 1976 Code, as contained in SECTION 2, by striking /licensed physician's certificate/ on line 43 of page 2, beginning on line 3 of page 3, on line 31 of page 3, and beginning on line 3 of page 4 and inserting /licensed physician's certificate certificate from a licensed physician as defined in Section 40-47-5/.
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. CLYBORNE moved that the House do now recede until 2:15 P.M.
Rep. McLEOD moved that the House do now adjourn.
Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Baxley Beatty Boan Breeland Brown, G. Brown, J. Byrd Davenport Delleney Elliott Farr Govan Harrelson Harris, J. Harvin Haskins Hines Hodges Holt Houck Inabinett Jennings Kennedy Keyserling Kinon Koon Mattos McCraw McElveen McKay McLeod McMahand Neilson Phillips Rhoad Rogers Rudnick Scott Sheheen Snow Spearman Stille Stoddard Townsend Tucker Whipper White Wilder, J. Wilkes Williams
Those who voted in the negative are:
Alexander, T.C. Allison Bailey, J. Baker Brown, H. Cato Chamblee Clyborne Cooper Fair Fulmer Gamble Gonzales Graham Harrell Harrison Hutson Jaskwhich Keegan Kelley Klauber Lanford Law Littlejohn Marchbanks McTeer Meacham Richardson Riser Robinson Sharpe Shissias Simrill Smith, D. Smith, R. Stone Thomas Trotter Vaughn Waldrop Wells Wilder, D. Wilkins Witherspoon Wofford Wright Young, R.
So, the motion to adjourn was agreed to.
At 12:50 P.M. the House in accordance with the motion of Rep. MEACHAM adjourned in memory of Roger Allen Young, husband of Rep. ANNETTE YOUNG, to meet at 10:00 A.M. tomorrow.
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