Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Lord, as we move into the schedule of this day, help each one to see himself/herself as a child of God. Give us the determination to let our private worship shape our public lives. Encourage us, we pray, to look at ourselves and at our neighbors through Your eyes of understanding and charity. Give us ears to hear Your still small voice over the many competing voices all around. And give us the satisfaction of knowing that our work is important to You and to others. Inspire us, then, to use well every God-given golden hour and every God-given diamond minute as we apply ourselves to all that is important. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. KIRSH moved that when the House adjourns, it adjourn in memory of Rev. W. G. Benton of York, which was agreed to.
The following was introduced:
H. 4256 -- Rep. Davenport: A HOUSE RESOLUTION TO RECOGNIZE DEBBIE MORGAN, A TEACHER AT BOILING SPRINGS ELEMENTARY SCHOOL, FOR HER DEDICATION TO HER PROFESSION AND TO THANK HER FOR THE CONTRIBUTIONS SHE HAS MADE TO THE QUALITY OF EDUCATION FOR YOUNG SOUTH CAROLINIANS.
The Resolution was adopted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4257 -- Rep. Phillips: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN CHEROKEE COUNTY UNTIL JULY 1, 1994.
Rep. PHILLIPS asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. WAITES objected.
Referred to Cherokee Delegation.
The following was introduced:
H. 4258 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE MS. NOVICE S. WALKER OF SUMMERTON, SOUTH CAROLINA, FOR RECEIVING THE OLIN D. JOHNSTON AWARD FOR BEING SELECTED AS THE SOUTH CAROLINA POSTMASTER OF THE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4259 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING MR. TOWNES WALKER OF CLARENDON COUNTY ON HIS ELECTION AS THE 1993 PRESIDENT OF THE SOUTH CAROLINA LP GAS ASSOCIATION AND COMMENDING HIM FOR HIS OUTSTANDING SERVICE IN THIS POSITION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, J. Beatty Breeland Brown, G. Brown, H. Cato Cobb-Hunter Delleney Elliott Fair Felder Fulmer Gamble Gonzales Hallman Harrell Harrelson Harris, P. Harrison Harwell Haskins Hodges Holt Hutson Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Lanford Law Littlejohn Marchbanks McAbee McCraw McKay McLeod McMahand McTeer Meacham Neal Phillips Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stille Stoddard Stone Stuart Thomas Tucker Vaughn Waites Waldrop Walker Wells Whipper Wilder, D. Wilkins Witherspoon Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Tuesday, June 1.
James S. Klauber Jean L. Harris Daniel T. Cooper Ronald P. Townsend Harold G. Worley Dewitt Williams C.D. Chamblee J. Michael Baxley G. Ralph Davenport, Jr. Robert A. Barber, Jr. Marion P. Carnell Harry R. Askins H. Howell Clyborne, Jr. Denny W. Neilson C. Lenoir Sturkie John J. Snow, Jr. Morgan Martin Sandra S. Wofford Joseph B. Wilder Ralph W. Canty Joseph T. McElveen, Jr. Timothy C. Wilkes George H. Bailey Jesse E. Hines Bessie Moody-Lawrence Dell Baker Juanita M. White Molly M. Spearman Michael F. Jaskwhich Timothy F. Rogers Teddy N. Trotter James G. Mattos Toney L. Farr Jerry N. Govan, Jr. Curtis B. Inabinett Thomas N. Rhoad Alma W. Byrd Roland S. Corning, Jr. Richard M. Quinn, Jr. William S. Houck Larry L. Koon James L.M. Cromer, Jr.
LEAVES OF THE HOUSE GRANTED
The SPEAKER granted Reps. INABINETT, TROTTER and RHOAD a leave of the House due to a conference committee meeting for the remainder of the day.
The SPEAKER granted Rep. J. BROWN a leave of absence for the day.
Rep. MARTIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Monday, May 31.
Announcement was made that Dr. Jim Dickson is the Doctor of the Day for the General Assembly.
Rep. PHILLIPS moved to adjourn debate upon the following Bill until Wednesday, June 2, which was adopted.
H. 4226 -- Rep. Farr: A BILL TO ESTABLISH A GOVERNING BODY FOR THE BUFFALO FIRE DISTRICT IN UNION COUNTY AND PROVIDE A PROCEDURE FOR THEIR ELECTION.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4248 -- Reps. J. Harris and Baxley: A BILL TO ABOLISH THE CHESTERFIELD COUNTY BOARD OF VOTER REGISTRATION AND CHESTERFIELD COUNTY ELECTION COMMISSION, AND TO CREATE THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION.
The following Bill was taken up.
H. 4251 -- Rep. Felder: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN CALHOUN COUNTY UNTIL JULY 1, 1994.
Rep. WAITES spoke against the Bill.
Rep. WAITES raised the Point of Order that H. 4251 was out of order as it violated Section 1-23-120 of the Code which states that any member may introduce a joint resolution approving or disapproving a regulation 30 days following the date the regulations concerned are submitted and that this Bill was not a resolution which approved or disapproved the regulation.
The SPEAKER stated that the Code Section referred to dealt with the process when the regulations were submitted for review by the General Assembly and if the regulations were submitted for review then the 120 days began to run and if the 120 days had not expired then 30 days following the submission of the regulation any individual member can introduce a resolution approving or disapproving. He further stated that on these regulations the 120 day period had expired and these regulations now had the full force and effect of law and that the Code Section did not apply and he overruled the Point of Order.
Rep. SHISSIAS spoke against the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Local Calendar, the pending question being consideration of the Bill.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 194 -- Senators Hayes, Stilwell, Waldrep, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-325 SO AS TO PROVIDE A JUDGMENT AND SENTENCE OF A COURT OF GENERAL SESSIONS IN A CRIMINAL CASE AGAINST AN INDIVIDUAL MAY BE ENFORCED AS A JUDGMENT IS ENFORCED IN THE COURT OF COMMON PLEAS IN CIVIL ACTIONS.
Debate was resumed on the following Bill the pending question being the consideration of Amendment No. 2, Rep. NEAL having the floor.
H. 4139 -- Rep. Stone: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT A CHILD, SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A PERSON MAY PETITION TO ADOPT A CHILD WHO IS IN THE CUSTODY OF THE STATE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND SECTION 20-7-1690, RELATING TO CONSENT FOR THE PURPOSE OF ADOPTION, SO AS TO PROVIDE CERTAIN CONDITIONS UNDER WHICH FOSTER PARENTS MAY ADOPT A FOSTER CHILD.
Debate was resumed on Amendment No. 2, which was proposed on Thursday, May 27, by Rep. NEAL.
Rep. NEAL continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. FELDER moved to adjourn debate upon the following Bill until Wednesday, June 2, which was adopted.
H. 3477 -- Rep. J. Bailey: A BILL TO AMEND SECTION 5 OF ACT 113 OF 1991, RELATING TO THE PROVISION THAT, FOR PURPOSES OF AUTOMOBILE INSURANCE, TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS AS USED IN SECTION 38-77-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, DO NOT INCLUDE PREMIUMS ATTRIBUTABLE TO RISKS CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT FOR TWENTY-FOUR MONTHS FOLLOWING THE EFFECTIVE DATE OF ACT 113 OF 1991, SO AS TO EXTEND THIS PERIOD FROM TWENTY-FOUR TO FORTY-EIGHT MONTHS.
The following Bill was taken up.
S. 472 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK AND THE SAMPIT RIVERS IN GEORGETOWN AND HORRY COUNTIES.
Rep. KELLEY moved to continue the Bill, which was agreed to.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, June 2, which was adopted.
H. 3759 -- Reps. Houck, Robinson, Scott, Carnell, Corning, Byrd, M.O. Alexander, Neal, Wilkins, Beatty and Rudnick: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST AT PRIME RATE PLUS ONE PERCENT; TO PROVIDE THAT THE RATE FOR MONEY DECREES AND JUDGMENTS IS PRIME RATE PLUS THREE PERCENT; AND TO PROVIDE HOW PRIME RATE IS TO BE CALCULATED.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, June 2, which was adopted.
H. 3744 -- Rep. McElveen: A BILL TO AMEND SECTIONS 8-13-1300 AND 8-13-1314, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING CAMPAIGN PRACTICES AND CAMPAIGN CONTRIBUTION LIMITS AND RESTRICTIONS, SO AS TO PROHIBIT A CANDIDATE OR ANYONE ACTING ON HIS BEHALF FROM SOLICITING OR ACCEPTING A CONTRIBUTION FROM A BANK, CORPORATION, PARTNERSHIP, FIRM, OR NONCANDIDATE COMMITTEE, AS DEFINED IN SECTION 8-13-1300, AND TO AMEND ARTICLE 10, CHAPTER 7, TITLE 12 OF THE 1976 CODE BY ADDING SECTION 12-7-1213, SO AS PROVIDE A TAX CREDIT OF TWENTY-FIVE DOLLARS TO INDIVIDUALS FOR POLITICAL CONTRIBUTIONS.
The following Bill was taken up.
S. 235 -- Senators McConnell, Land, Saleeby, Leatherman, Holland, J. Verne Smith, Courson, Mitchell, Hayes, Martin, Russell, Ford, Courtney, Wilson, Passailaigue, Greg Smith, Washington, Jackson, Thomas, Matthews, Glover, Drummond, Ryberg, Cork, Reese, Mescher, Short and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO PROVIDE PROTECTION FROM COMPELLED TESTIMONY IN A PROCEEDING TO A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS AND TO PROVIDE EXCEPTIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11446AC.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 19-11-100. (A) A person, company, or entity engaged in or that has been engaged in the gathering and dissemination of news for the public through a newspaper, book, magazine, radio, television, news or wire service, or other medium has a qualified privilege against disclosure of any information, document, or item obtained or prepared in the gathering or dissemination of news in any judicial, legislative, or administrative proceeding in which the compelled disclosure is sought and where the one asserting the privilege is not a party in interest to the proceeding.
(B) The person, company, or other entity may not be compelled to disclose any information or document or produce any item obtained or prepared in the gathering or dissemination of news unless the party seeking to compel the production or testimony establishes by clear and convincing evidence that this privilege has been knowingly waived or that the testimony or production sought:
(1) is material and relevant to the controversy for which the testimony or production is sought;
(2) cannot be reasonably obtained by alternative means; and
(3) is necessary to the proper preparation or presentation of the case of a party seeking the information, document, or item.
(C) Publication of any information, document, or item obtained in the gathering and dissemination of news does not constitute a waiver of the qualified privilege against compelled disclosure provided for in this section."
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.
Rep. R. YOUNG proposed the following Amendment No. 2.
Delete Section 19-11-100(B)(2) as proposed by Judiciary Committee amendment.
Renumber to conform.
Rep. R. YOUNG explained the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. JENNINGS moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Askins Bailey, G. Baker Baxley Boan Brown, G. Carnell Cromer Davenport Gamble Gonzales Hallman Harrell Harrison Harvin Harwell Haskins Hodges Jaskwhich Jennings Keegan Kennedy Keyserling Kirsh Marchbanks Martin McCraw Moody-Lawrence Rhoad Riser Robinson Rogers Rudnick Sharpe Smith, R. Stoddard Stone Thomas Trotter Vaughn Waites Waldrop Wells Wilder, D. Wilder, J. Wilkes Wilkins Wright
Those who voted in the negative are:
Alexander, M.O. Allison Bailey, J. Beatty Brown, H. Byrd Cato Chamblee Cooper Corning Delleney Elliott Fair Farr Felder Fulmer Govan Harrelson Harris, J. Harris, P. Holt Hutson Inabinett Kelley Kinon Koon Lanford Law Littlejohn Mattos McAbee McKay McMahand McTeer Meacham Neal Phillips Richardson Scott Sheheen Shissias Simrill Smith, D. Spearman Stille Stuart Sturkie Townsend Tucker Walker Williams Witherspoon Wofford Young, A. Young, R.
So, the House refused to table the amendment.
Rep. HASKINS spoke against the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2, Rep. HASKINS having the floor.
Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4260 -- Rep. Sheheen: A HOUSE RESOLUTION TO COMMEND AND TO CONGRATULATE MS. VIRGINIA HUDSON OF KERSHAW COUNTY FOR HER UNSELFISH AND TIRELESS EFFORTS IN PROVIDING NEEDED CARE TO LESS FORTUNATE CITIZENS BY ESTABLISHING THE WATEREE CHARGE CRISIS CENTER.
The Resolution was adopted.
The following was introduced:
H. 4261 -- Rep. Farr: A HOUSE RESOLUTION CONGRATULATING UNION HIGH SCHOOL ON CAPTURING ITS FIFTH CONSECUTIVE NATIONAL SHOOTING CROWN BY WINNING THE SCHOLASTIC CATEGORY OF THE 1993 NATIONAL NRA JUNIOR THREE POSITION SMALLBORE RIFLE CHAMPIONSHIPS, ITS FIRST NATIONAL SCHOLASTIC AIR RIFLE CHAMPIONSHIP, AND FOR BEING DESIGNATED AS THE NRA'S OUTSTANDING JUNIOR CLUB FOR 1992.
The Resolution was adopted.
The following was introduced:
H. 4262 -- Rep. Scott: A CONCURRENT RESOLUTION TO CONGRATULATE HARRISON REARDEN OF COLUMBIA UPON BEING NAMED 1993 OUTSTANDING MALE STATE EMPLOYEE.
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.
H. 4251 -- Rep. Felder: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN CALHOUN COUNTY UNTIL JULY 1, 1994.
The Bill was read the third time and ordered sent to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of amendment No. 2, Rep. HASKINS having the floor.
S. 235 -- Senators McConnell, Land, Saleeby, Leatherman, Holland, J. Verne Smith, Courson, Mitchell, Hayes, Martin, Russell, Ford, Courtney, Wilson, Passailaigue, Greg Smith, Washington, Jackson, Thomas, Matthews, Glover, Drummond, Ryberg, Cork, Reese, Mescher, Short and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO PROVIDE PROTECTION FROM COMPELLED TESTIMONY IN A PROCEEDING TO A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS AND TO PROVIDE EXCEPTIONS.
Debate was resumed on Amendment No. 2, which was proposed by Rep. R. YOUNG.
Rep. HASKINS continued speaking.
Rep. R. YOUNG spoke in favor of the amendment.
Rep. HODGES spoke against the amendment.
The ACTING SPEAKER TUCKER granted Rep. TROTTER a leave of absence for the remainder of the day.
Rep. HODGES continued speaking.
Rep. WILKINS spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. JENNINGS spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Cooper Delleney Fair Farr Felder Harrelson Harris, P. Holt Inabinett Jaskwhich Kelley Kennedy McAbee McTeer Rhoad Richardson Sheheen Stille Stuart Townsend Tucker Wilkes Williams Wofford Young, R.
Those who voted in the negative are:
Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Barber Baxley Boan Brown, G. Brown, H. Carnell Cato Chamblee Clyborne Corning Cromer Davenport Elliott Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harrison Harwell Haskins Hodges Houck Huff Hutson Jennings Keegan Keyserling Kinon Kirsh Lanford Law Littlejohn Marchbanks Martin Mattos McCraw McKay McLeod McMahand Meacham Neilson Phillips Quinn Riser Robinson Rogers Rudnick Scott Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stone Sturkie Thomas Vaughn Waites Waldrop Walker Wilder, D. Wilder, J. Wilkins Witherspoon Worley Young, A.
So, the amendment was rejected.
The Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. WRIGHT moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4263 -- Reps. Vaughn, Felder, A. Young, Meacham, Hallman, G. Bailey, Simrill, Haskins, Inabinett, Cato, Jaskwhich, Whipper, Stuart, Clyborne, Mattos, Littlejohn, Hines, Davenport, Stone, Wells, Riser, Worley, Byrd, Canty, Kirsh, Wofford, Robinson, Stille, R. Young, Witherspoon, Keyserling, Moody-Lawrence, Thomas, J. Bailey, Wilkes, D. Wilder, Harrell, Harrison and Cromer: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING A PUBLIC OR SCHOOL OFFICIAL, SO AS TO PROVIDE THAT THE THREAT MUST BE A RESULT OF THE DUTIES OR BUSINESS OF THE OFFICIAL AND NOT A RESULT OF ANY PRIVATE OR PERSONAL BUSINESS.
Referred to Committee on Judiciary.
S. 801 -- Senators Wilson, Setzler, Ryberg and Lander: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.
On motion of Rep. WRIGHT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following Bill was taken up.
S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.
Rep. KIRSH moved to adjourn debate upon the Bill.
Rep. FELDER moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate, which was agreed to.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 254 -- Senator Drummond: A BILL TO AMEND SECTION 40-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY PHARMACISTS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-43-420, RELATING TO PHARMACY FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE THAT CERTAIN FEES ARE IN EFFECT UNTIL THEY ARE SET IN REGULATION; TO REPEAL SECTION 40-43-480, RELATING TO FUNDING IN THE 1986 APPROPRIATIONS ACT; AND TO REAUTHORIZE THE STATE BOARD OF PHARMACY FOR SIX YEARS.
S. 734 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO DEFINITIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1609, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 735 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO HOME HEALTH CARE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1611, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HOUCK explained the Joint Resolution.
The following Bill was taken up.
S. 701 -- Senators Bryan and Elliott: A BILL TO AMEND SECTION 43-33-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO PROVIDE FOR THE REVIEW OF THE PLANS OF CARE FOR INDIVIDUALS IN A RESIDENTIAL CARE FACILITY AND A COMMUNITY MENTAL HEALTH CENTER DAY PROGRAM.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11486AC.93), which was adopted.
Amend the bill, as and if amended, by deleting Section 1 of the bill and inserting:
/SECTION 1. An unnumbered item of Section 43-33-350 of the 1976 Code, added by Act 381 of 1990, is amended to read:
"( ) It may conduct team advocacy inspections of a facility providing residence to a developmentally disabled or handicapped person. Inspections must be completed by the system's staff and trained volunteers. Team advocacy inspections are unannounced visits to review the living conditions of a residential facility, including the plans of care for individuals in a residential care facility and a community mental health center day program. Only the coordinator of the team advocacy project or the coordinator's designee is authorized to perform reviews of plans of care. The designee must meet criteria developed by the Joint Legislative Committee on Mental Health and Mental Retardation, after consultation with the system and the South Carolina Association of Residential Care Homes. The system shall prepare a report based on the inspection which must be submitted to the Joint Legislative Committee on Mental Health and Mental Retardation, South Carolina Department of Health and Environmental Control, and State Department of Mental Health."/
Amend title to conform.
Rep. WALDROP explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. ELLIOTT moved to adjourn debate upon the following Bill until Wednesday, June 2, which was adopted.
H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.
The following Bill was taken up.
H. 3889 -- Reps. McAbee and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7323BD.93), which was adopted.
Amend the bill, as and if amended, Section 61-5-530, page 2, by striking line 18 and inserting /for which the facility is licensed to sell on premises./ so that when amended the section reads:
/Section 61-5-530. (A) The type of alcoholic beverages contained in a hospitality cabinet of a qualified facility is limited to those beverages for which the facility is licensed to sell on premises.
(B) The hospitality cabinet may contain no more than thirty individual portions of alcoholic beverages at one time./
Amend title to conform.
Rep. WHIPPER explained the amendment.
The amendment was then adopted.
Rep. FAIR proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\11535AC.93).
Amend the bill, as and if amended, by inserting at the end of Section 61-5-550(B) /However, access must be limited to those hours that the qualified facility is licensed to sell alcoholic beverages./
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. McABEE spoke against the amendment.
Reps. MARCHBANKS and SIMRILL objected to the Bill.
Rep. McABEE moved to adjourn debate upon the Bill until Wednesday, June 2, which was adopted.
The following Bill was taken up.
S. 26 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-240, SO AS TO REQUIRE INDIVIDUAL AND GROUP INSURANCE POLICIES DELIVERED, ISSUED, RENEWED, EXTENDED, OR MODIFIED BY INSURERS PROVIDING MEDICAL OR DENTAL COVERAGE OR BOTH TO PROVIDE COVERAGE FOR THE NECESSARY CARE AND TREATMENT OF MEDICALLY DIAGNOSED CONGENITAL OROFACIAL ANOMALIES, AND TO REQUIRE THAT SUCH COVERAGE BE IMMEDIATE AND FULL WITHOUT REGARD TO ANY PROVISION IN THE POLICY REDUCING OR EXCLUDING BENEFITS FOR CONDITIONS WHICH PREEXISTED THE EFFECTIVE DATE OF THE POLICY.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10623JM.93), which was adopted.
Amend the bill, as and if amended, by striking subitem (f) of item (2) of subsection (A) of Section 38-71-240, as contained in SECTION 1, and inserting:
/(f) audiological assessment, treatment, and management performed by or under the supervision of a licensed doctor of medicine, including surgically implanted amplification devices; and/
Amend title to conform.
Rep. HARRISON moved that the House recede until 2:15 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of the Bill, as amended.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being consideration of the Bill.
S. 26 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-240, SO AS TO REQUIRE INDIVIDUAL AND GROUP INSURANCE POLICIES DELIVERED, ISSUED, RENEWED, EXTENDED, OR MODIFIED BY INSURERS PROVIDING MEDICAL OR DENTAL COVERAGE OR BOTH TO PROVIDE COVERAGE FOR THE NECESSARY CARE AND TREATMENT OF MEDICALLY DIAGNOSED CONGENITAL OROFACIAL ANOMALIES, AND TO REQUIRE THAT SUCH COVERAGE BE IMMEDIATE AND FULL WITHOUT REGARD TO ANY PROVISION IN THE POLICY REDUCING OR EXCLUDING BENEFITS FOR CONDITIONS WHICH PREEXISTED THE EFFECTIVE DATE OF THE POLICY.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. KIRSH moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
S. 422 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-15 SO AS TO PROVIDE THAT ALL FUNCTIONS OF THE STATE BUDGET AND CONTROL BOARD IN THE PREPARATION AND SUBMISSION TO THE GENERAL ASSEMBLY OF THE RECOMMENDED STATE BUDGET ARE DEVOLVED UPON THE GOVERNOR; TO PROVIDE THAT THE GOVERNOR SHALL CONSULT WITH THE STATE TREASURER AND THE COMPTROLLER GENERAL IN PREPARING THE RECOMMENDATIONS, TO PROVIDE THAT THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD SHALL ASSIST THE GOVERNOR IN PREPARING BUDGET RECOMMENDATIONS, AND TO PROVIDE FOR THE STATUS OF THE BUDGET DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Allison Anderson Bailey, J. Baxley Breeland Brown, H. Byrd Canty Carnell Cato Chamblee Cooper Cromer Delleney Elliott Fair Farr Felder Fulmer Gamble Gonzales Govan Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hodges Holt Houck Huff Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Koon Littlejohn Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Richardson Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Snow Spearman Stille Stuart Thomas Tucker Vaughn Waites Walker Wells Whipper White Wilder, D. Wilkes Wilkins Williams Worley Wright
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. KIRSH, ROGERS and McABEE to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 422 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-15 SO AS TO PROVIDE THAT ALL FUNCTIONS OF THE STATE BUDGET AND CONTROL BOARD IN THE PREPARATION AND SUBMISSION TO THE GENERAL ASSEMBLY OF THE RECOMMENDED STATE BUDGET ARE DEVOLVED UPON THE GOVERNOR; TO PROVIDE THAT THE GOVERNOR SHALL CONSULT WITH THE STATE TREASURER AND THE COMPTROLLER GENERAL IN PREPARING THE RECOMMENDATIONS, TO PROVIDE THAT THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD SHALL ASSIST THE GOVERNOR IN PREPARING BUDGET RECOMMENDATIONS, AND TO PROVIDE FOR THE STATUS OF THE BUDGET DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 1, Chapter 11, Title 11 of the 1976 Code is amended by adding:
"Section 11-11-15. The functions of the State Budget and Control Board in the preparation and submission to the General Assembly of the recommended state budget are devolved upon the Governor. Wherever the phrase 'State Budget and Control Board' appears in the context of preparing and submitting budget recommendations to the General Assembly, it means the Governor. In preparing the recommended state budget, the Governor may consult with the State Treasurer, the Comptroller General, or other state officials as needed. The Budget Division of the State Budget and Control Board shall assist the Governor in preparing the budget recommendations, but this function of the Budget Division may not be construed as altering the overall management and administration of the Budget Division as an entity of the State Budget and Control Board."
SECTION 2. This act takes effect July 1, 1993, and first applies for the budget recommendation for fiscal year 1994-95./
Amend title to conform.
/s/John Drummond /s/Timothy F. Rogers /s/John C. Land, III /s/Herbert Kirsh /s/Glenn F. McConnell /s/Jennings G. McAbee On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following Bill was taken up.
S. 66 -- Senator Stilwell: A BILL TO AMEND SECTIONS 40-60-20, 40-60-30, 40-60-40, 40-60-50 THROUGH 40-60-80, 40-60-100, 40-60-120 THROUGH 40-60-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE APPRAISERS, SO AS TO PROVIDE CERTAIN DEFINITIONS; ESTABLISH PARAMETERS FOR PRACTICE BY STATE LICENSED REAL ESTATE APPRAISERS, STATE CERTIFIED RESIDENTIAL REAL ESTATE APPRAISERS AND APPRAISER APPRENTICES; PROVIDE FOR COMPOSITION OF THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD; PROVIDE FOR APPLICATION, LICENSURE, PERMITTING AND CONTINUING EDUCATION FEES FOR APPRAISER APPRENTICES, STATE REGISTERED REAL ESTATE APPRAISERS, STATE LICENSED REAL ESTATE APPRAISERS, AND STATE CERTIFIED REAL ESTATE APPRAISERS; TO PROVIDE FOR QUALIFICATIONS, CRITERIA FOR INDIVIDUALS TO BECOME LICENSED, PERMITTED, REGISTERED OR CERTIFIED TO PRACTICE IN THE AREA OF REAL ESTATE APPRAISAL; TO PROVIDE FOR REGULATORY AND INVESTIGATORY AUTHORITY OF THE STATE REAL ESTATE APPRAISERS BOARD; TO AMEND CHAPTER 60, TITLE 40 OF THE 1976 CODE, RELATING TO REAL ESTATE APPRAISERS, BY ADDING SECTION 40-60-145, SO AS TO REQUIRE THAT THE REAL ESTATE APPRAISERS BOARD ADOPT THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE AS ITS OPERATING GUIDE; AND TO AMEND SECTIONS 40-60-150 THROUGH 40-60-170 AND 40-60-190 THROUGH 40-60-210, RELATING TO REAL ESTATE APPRAISERS, SO AS TO ESTABLISH COMPLAINT INVESTIGATION PROCEDURES FOR THE BOARD; AND TO PROVIDE FOR REGULATION OF THE USE OF THE TITLES OF APPRAISER APPRENTICE, STATE REGISTERED REAL ESTATE APPRAISER, STATE LICENSED REAL ESTATE APPRAISERS, AND STATE CERTIFIED REAL ESTATE APPRAISER.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4774SD.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Sections 40-60-20 and 40-60-30 of the 1976 Code are amended to read:
"Section 40-60-20. As used in this chapter, unless the context requires otherwise:
(1) 'Analysis' means a study of real estate or real property other than one estimating value.
(2) 'Appraisal' or 'real estate appraisal' means an analysis, opinion, or conclusion as to the value of identified real estate or specified interests in real estate, including a feasibility study, marketability study, or other study or analysis that involves the rendering of an analysis, opinion, or conclusion of value performed for a fee or other consideration, including valuation or evaluation performed for a person who advises, consults, or prepares.
(3) 'Appraisal Foundation' means the Appraisal Foundation established on November 30, 1987, as a not for profit corporation under the laws of Illinois.
(34) 'Appraisal report' means any communication, written or oral, of an appraisal. The testimony of an appraiser dealing with the appraiser's analyses, conclusions, or opinions concerning identified real property is deemed to be an oral appraisal report.
(45) 'Appraisal subcommittee' means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. Section 3301, et seq.), as amended.
(56) 'Appraiser' means a person who is a state registered real estate appraiser, a state licensed real estate appraiser, or a state certified real estate appraiser, or an appraiser apprentice.
(7) 'Appraiser Apprentice' means a person who holds a valid permit as an appraiser apprentice issued under the provisions of this chapter.
(68) 'Board' means the South Carolina Real Estate Appraisers Board established pursuant to the provisions of this chapter.
(79) 'Commission' means the South Carolina Real Estate Commission.
(810) 'Commissioner' means the South Carolina Real Estate Commissioner.
(911) 'Evaluation assignment' means an engagement for which an appraiser is employed or retained to give an analysis, opinion, or conclusion that relates to the nature, quality, or utility of identified real estate or identified real property.
(1012) 'Federally related transaction' means any real estate related financial transaction which:
(a) a federal financial institution regulatory agency or the Resolution Trust Corporation engages in, contracts for, or regulates; and
(b) requires the services of an appraiser.
(1113) 'Independent appraisal assignment' means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of identified real estate or identified real property.
(1214) 'Person' means individuals, corporations, partnerships, or associations, foreign and domestic.
(1315) 'Real estate' means an identified parcel of land, including improvements, if any.
(1416) 'Real estate appraisal activity' means the act or process of valuation of real estate or real property and preparing an appraisal report.
(1517) 'Real property' means one or more defined interests, benefits, and rights inherent in the ownership of real estate.
(1618) 'Specialized services' means services other than independent appraisal assignments which are performed by an appraiser. Specialized services may include marketing, financing, and feasibility studies, valuations, analyses, opinions, and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, and real estate tax counseling.
(19) 'Standards of professional appraisal practice' means the uniform standards of professional appraisal practice as adopted by the Appraisal Standards Board of the Appraisal Foundation and adopted by the board.
(1720) 'State' includes any state, district, territory, possession, or province of the United States or Canada.
(1821) 'State certified real estate appraiser' means a person who holds a valid certificate as either a state certified residential real estate appraiser or a state certified general real estate appraiser issued under the provisions of this chapter.
(22) 'State certified general real estate appraiser' means a person who holds a valid certificate as a state certified general real estate appraiser issued under the provisions of this chapter.
(23) 'State certified residential real estate appraiser' means a person who holds a valid certificate as a state certified residential real estate appraiser issued under the provisions of this chapter.
(1924) 'State licensed real estate appraiser' means a person who holds a valid license as a state licensed real estate appraiser issued under the provisions of this chapter.
(2025) 'State registered real estate appraiser' means a person who holds a valid registration as a state registered real estate appraiser issued under the provisions of this chapter.
(2126) 'Valuation' means an estimate of the value of real estate or real property.
(2227) 'Valuation assignment' means an engagement for which an appraiser is employed or retained to give an analysis, opinion, or conclusion that estimates the value of an identified parcel of real estate or identified real property at a particular point in time.
(2328) 'Timberland' means forest land that is producing, or is capable of producing, timber as a crop.
(2429) 'Market analysis' means a study of real estate market conditions for a specific type of property.
Section 40-60-30. (A) Except as provided in Section 40-60-40, it is unlawful for a person to engage in real estate appraisal activity in this State after December 31, 1991, without first obtaining a permit, registration, license, or certification as provided in this chapter.
(B) Real estate appraisers are authorized to engage in the following types of real estate appraisal activity:
(1) A state registered real estate appraiser is authorized to engage in any type of real estate appraisal activity which does not involve a federally-related transaction.
(2) A state licensed real estate appraiser is authorized to engage in any type of real estate appraisal activity which is not required pursuant to federal law to be performed by a state certified real estate appraiser.
(3) A state certified residential real estate appraiser is authorized to engage in any type of real estate appraisal activity which is not prohibited by federal law or the guidelines established by the Appraisal Subcommittee.
(34) A state certified general real estate appraiser is authorized to engage in any type of real estate appraisal activity.
(5) (a) An appraiser apprentice may assist a state licensed real estate appraiser, state certified residential real estate appraiser, or state certified general real estate appraiser in the performance of an appraisal provided that he is actively and personally supervised by the licensed or certified appraiser and provided further that any appraisal report rendered in connection with the appraisal is reviewed by the supervising appraiser and includes the signature of the supervising appraiser.
(b) An appraiser apprentice is authorized only to assist a state licensed real estate appraiser, state certified residential real estate appraiser, or state certified general real estate appraiser in the performance of an appraisal assignment that is within the scope of permitted real estate appraisal assignments for each of the three classifications.
(c) A state registered real estate appraiser or state transitionally licensed real estate appraiser may not act as the supervising appraiser of an appraiser apprentice."
SECTION 2. Section 40-60-40 of the 1976 Code is amended to read:
"Section 40-60-40. The provisions of this chapter do not apply to:
(1) a real estate licensee licensed in accordance with Chapter 57 of this title who, in the ordinary course of his business, performs a market analysis or gives an opinion as to the price of real estate except that the market analysis or opinion must not be referred to as an appraisal. Provided, however, that prior to performing any market analysis, the real estate licensee must disclose in writing that the market analysis may not be used for the purposes of obtaining financing in a federally-related transaction; a real estate licensee licensed in accordance with Chapter 57 of this title who performs a market analysis or gives an opinion as to the price of real estate on the condition that the market analysis or opinion is not referred to as an appraisal. Prior to performing any market analysis, the real estate licensee must disclose to the requesting party that the market analysis may not be used for purposes of obtaining financing in a federally-related transaction and the written market analysis must contain clearly on the face thereof the following legend: 'This market analysis may not be used for the purposes of obtaining financing in a federally-related transaction.'.
(2) a registered forester registered pursuant to the provisions of Chapter 27 of Title 48 who appraises or evaluates standing or growing timber or timberland located in this State and issues an appraisal or evaluation on such timber or timberland; provided, however, that when such appraisal or evaluation is to be used in a federally-related transaction such registered forester must be licensed or certified under the provisions of this chapter if required by federal law or the guidelines established by the appraisal subcommittee."
SECTION 3. Sections 40-60-50 through 40-60-80 of the 1976 Code are amended to read:
"Section 40-60-50. (A) There is created the South Carolina Real Estate Appraisers Board which consists of seven members. All members must be residents of this State. One member must be a public member who may not be connected in any way with the practice of real estate appraisal, real estate brokerage, or mortgage lending. One member must be a licensed real estate broker who is not a real estate appraiser. One member must be actively engaged in mortgage lending, representing supervised financial institutions, who is not a real estate licensee or a real estate appraiser and who also must not be connected in any way with the brokerage of real estate, the appraisal of real estate, or the review of real estate appraisals. Four members must be real estate appraisers who have been actively engaged in real estate appraisal for at least three years. In appointing real estate appraisers to the board, while not automatically excluding other appraisers, the Governor shall give preference to real estate appraisers whose primary source of income is derived from appraising real estate and not real estate brokerage.
(B) The Governor shall appoint the members of the board, upon the advice and consent of the Senate, with consideration given to appropriate geographic representation and to areas of appraisal expertise. The appointments made when the Senate is not in session are effective until the Senate confirms or denies that appointment.
(C) Each real estate appraiser member of the board appointed after July 1, 1992, must be a state certified real estate appraiser or a state licensed real estate appraiser. At least two of the appraiser members appointed after July 1, 1992 1993, must be state certified general real estate appraisers.
(D) The term of each member of the board is three years and until their successors are appointed and qualified. In the event of a vacancy, the Governor shall appoint a person to fill the vacancy, and the person so appointed shall serve for the remainder of the unexpired term.
(E) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. No person may serve as a member of the board for more than two consecutive terms. The Governor, after giving notice and opportunity for a hearing, may remove from office a member of the board for:
(1) inability to perform or neglecting to perform the duties required of members;
(2) incompetence; or
(3) dishonest conduct.
(F) The members of the board shall annually elect a chairman from among the members to preside at board meetings.
(G) The board shall meet at least once each calendar quarter, or as often as is necessary, and remain in session as long as the chairman considers it necessary to give full consideration to the business before the board. A quorum of the board is four members. Members of the board or support staff, in a spirit of cooperation, may confer with similar boards of other states, attend interstate meetings, and generally do those acts and things as may seem advisable in the advancement of the profession and the standards of real estate appraisal activity.
(H) Members of the board are entitled to per diem, subsistence, and mileage as is provided by law for state boards, committees, and commissions.
(I) The board shall establish policy and promulgate regulations consistent with this chapter and through its regulations shall have the full power to regulate the issuance of permits, registrations, licenses, and certifications, to discipline appraisers in any manner permitted by this chapter, to establish further qualification for permits, registrations, licenses, and certifications consistent with this chapter, to regulate approved courses and course providers or sponsors, and to establish standards for real estate appraisals consistent with the standards recognized by the appraisal subcommittee.
(J) The board shall prepare specifications for all licensing and certification examinations, solicit bids and enter into contracts with one or more persons, educational testing services, or organizations for the preparation of a bank of questions and answers for licensing and certification examinations and administer or contract for the administration of examinations in those places and at those times as considered appropriate.
(K) The commission shall supply staff support for the board. The commissioner shall serve as chief executive officer of the board and shall establish appropriate procedures for administering this chapter and prescribe those duties for his assistants as may be necessary in the administration and enforcement of this chapter.
(L) From its funds, the board shall pay its share of the expense of the maintenance and operation of the office of the commission and the utilization of the commission staff in the administration and enforcement of this chapter in an amount agreed upon by the board and commission.
Section 40-60-60. (A) A person desiring to act as a state licensed or state certified real estate appraiser must file an application for examination, licensure, or certification with the board. A person desiring to act as a state registered real estate appraiser must file an application for registration with the board. A person desiring to act as an appraiser apprentice must file an application for a permit with the board. The applications must be in the form and detail the board prescribes.
(B) Each application for examination, permit, registration, licensure, or certification as a real estate appraiser, or for the renewal of a permit, registration, license, or certification, must be accompanied by the appropriate fee which must be prescribed by the board by regulation.
(C) No fee or portion of a fee required pursuant to this chapter may be refunded.
(D) The board may transmit to the appropriate federal authority, at least annually, a roster of individuals who have become state licensed real estate appraisers and state certified real estate appraisers and must collect and transmit any information or fees established under Public Law 101-73, Title XI, Real Estate Appraisal Reform Amendments. The board may collect a processing fee necessary to carry out its function under this subsection.
(E) The commissioner shall issue a permit, registration, license, or certification to engage in the practice of real estate appraising to all applicants who are qualified under, and who comply with, all the requirements of this chapter and all regulations promulgated by the board. The permit, registration, license, or certification remains the property of the State and, upon suspension or revocation of the permit, registration, license, or certification must be returned immediately to the commissioner with any related pocket card. Permits, Registrations registrations, licenses, and certifications expire on June thirtieth of each year.
(F) A An appraiser apprentice, state registered real estate appraiser, state licensed real estate appraiser, or a state certified real estate appraiser who fails or refuses, after written notice from the board to apply for renewal and pay the fee and all penalties imposed, is practicing without a permit, registration, license, or certification and is subject to the penalties provided therefor in this chapter and any civil or criminal penalties authorized by law.
(G) A An appraiser apprentice, state registered real estate appraiser, state licensed real estate appraiser, or a state certified real estate appraiser under this chapter who fails to apply for the renewal of his permit, registration, license, or certification and pay the required fee on or before the date of its expiration shall pay a late penalty established by regulation in addition to the renewal fee.
(H) The board, through its regulations, may establish those other reasonable fees to aid in the enforcement and administration of this chapter.
(I) Any check which is presented to the board as payment for any fee which the board is permitted to charge under this chapter and which is returned unpaid may be cause for denial of a permit, registration, license, or certification or for imposing any sanction permitted by this chapter.
(J) Except as provided for in subsection (D), all fees collected pursuant to the provisions of this chapter must be deposited by the board in the state general fund.
Section 40-60-65. The following temporary fees must be charged by and paid to the board until the board establishes fees by regulation, at which time this section no longer has any force or effect:
(1) an application fee of one hundred dollars for each real estate appraiser registration;
(2) an application fee of two hundred dollars for each real estate appraiser license, or certification, or apprentice permit;
(3) a renewal fee of one hundred dollars for each real estate appraiser registration;
(4) a renewal fee of two hundred dollars for each real estate appraiser license, or certification, or apprentice permit;
(5) a license or certification examination fee not to exceed one hundred dollars as determined by the board without the requirement of a regulation. The board may direct applicants to pay the fee, or any portion thereof, directly to a third party who has contracted to administer the examination;
(6) a replacement fee of twenty-five dollars for each real estate appraiser or apprentice permit, registration, license, or certification where the original is lost or destroyed;
(7) a fee of fifteen dollars for each change of personal name;
(8) a fee of thirty dollars to reinstate each permit, registration, license, or certification during the same year it was canceled;
(9) a fee of seventy-five dollars for each permit, registration, license, or certification filing for inactive status for each year inactive status is granted;
(10) a fee of seventy-five dollars to activate a permit, registration, license, or certification from inactive status;
(11) a late penalty of twenty-five dollars shall apply from July first through July thirty-first for each permit, registration, license, or certification not timely renewed. A late penalty of fifty dollars shall apply from August first through August thirty-first. After August thirty-first, the permit, registration, license, or certification which has not been properly renewed must be canceled, except that after August thirty-first, any person seeking to reinstate his permit, registration, license, or certification before the next renewal period may do so upon payment of a late penalty of two hundred fifty dollars;
(12) a fee of fifteen dollars for each attestation of apprentice permit, registration, license, or certification status;
(13) a fee not to exceed two hundred dollars per course as determined by the board without the requirement of a regulation for the approval of courses required by Section 40-60-70 and a renewal fee of one hundred dollars a year. No fees may be charged for the approval or renewal of courses which are part of a degree program and are offered by an accredited college, university, technical college, community college, or junior college;
(14) a fee of two hundred dollars for instructor approval and a renewal fee of two hundred dollars per year provided that no fees may be charged for instructor approval or renewal if the courses taught by the instructor are offered as part of a degree program by an accredited college, university, technical college, community college, or junior college.
(15) an application fee of fifty dollars for each temporary practice permit;
(16) a fee of fifty dollars for each course reviewed by the board pursuant to Section 40-60-80(C).
(17) a fee of seventy-five dollars to upgrade from one appraiser category to another;
(18) a fee of fifty dollars for the issuance of a roster of appraisers;
(19) a fee of seventy-five dollars for a diskette containing a roster of appraisers;
(20) a fee of eighty-five dollars for labels containing the addresses of appraisers or examination applicants;
(21) a service charge of twenty dollars regarding a check or instrument which is presented to the board as payment for any fee which the board is permitted to charge and which is dishonored or returned unpaid.
Section 40-60-70. (A)(1) In order to qualify as a state registered real estate appraiser, an applicant must:
(a) hold a real estate broker-in-charge, broker, or salesman license issued pursuant to Chapter 57 of Title 40;
(b) submit appropriate registration fees.
(2) Failure to meet either requirement provided in item (1) of this subsection is grounds for denial of a registration without a hearing.
(B)(1) In order to qualify as an appraiser apprentice, an applicant must:
(a) have attained the age of eighteen years;
(b) be a resident of the State of South Carolina unless that person has fully complied with the provisions of Section 40-60-100;
(c) furnish evidence that he will be supervised by an appraiser that is licensed or certified by the board;
(d) furnish evidence that he has successfully completed not less than seventy-five classroom hours in a course or courses of study related to real estate appraisal approved by the board which must include coverage of standards of professional appraisal practice;
(i) A classroom hour is defined as fifty minutes out of each sixty-minute segment.
(ii) Credit toward the classroom-hour requirement only may be granted where the length of the educational offering is at least fifteen hours, and the individual successfully completes an examination pertinent to that educational offering. (iii) Credit for the classroom-hour requirement may be obtained from the following: (a.) accredited colleges or universities;
(b.) technical, community, or junior colleges;
(c.) real estate appraisal or real estate related organizations;
(d.) state or federal agencies or commissions;
(e.) proprietary schools;
(f.) other providers regulated and approved by the board.
(iv) Various appraisal courses may be credited toward the seventy-five classroom-hour education requirement. Applicants must demonstrate that their education involved coverage of all topics listed below with particular emphasis on the appraisal of one to four unit residential properties:
(a.) influences on real estate value;
(b.) legal considerations in appraisal;
(c.) types of value;
(d.) economic principles;
(e.) real estate markets and analysis;
(f.) valuation process;
(g.) property description;
(h.) highest and best use analysis;
(i.) appraisal statistical concepts;
(j.) sales comparison approach;
(k.) site value;
(1.) cost approach;
(m.) income approach;
-gross rent multiplier analysis
-estimation of income and expenses
-operating expense ratios
(n.) valuation of partial interests;
(o.) appraisal standards and ethics.
(2) Failure to meet any of the requirements provided in item (1) of this subsection is grounds for denial of an apprentice permit without a hearing.
(3) An appraiser apprentice may renew his annual permit five times only. At the end of the fifth renewal period the permit is canceled automatically without any action by the board, unless the appraiser apprentice can demonstrate to the satisfaction of the board sufficient cause for his permit not to be canceled. Any person who engages in real estate appraisal activity after this cancellation is practicing without a permit and is subject to the penalties provided in this chapter and any other civil or criminal penalties provided by law.
(BC)(1) In order to qualify as a state licensed real estate appraiser, an applicant must:
(a) have attained the age of eighteen years;
(b) be a resident of the State of South Carolina unless that person has fully complied with the provisions of Section 40-60-100;
(c) furnish evidence that he has successfully completed not less than seventy-five classroom hours in a course or courses of study related to real estate appraisal approved by the board which must include coverage of standards of professional appraisal practice;
(i) A classroom hour is defined as fifty minutes out of each sixty-minute segment.
(ii) Credit toward the classroom-hour requirement only may be granted where the length of the educational offering is at least fifteen hours, and the individual successfully completes an examination pertinent to that educational offering. (iii) Credit for the classroom-hour requirement may be obtained from the following:
(a.) accredited colleges or universities;
(b.) technical, community, or junior colleges;
(c.) real estate appraisal or real estate related organizations;
(d.) state or federal agencies or commissions;
(e.) proprietary schools;
(f.) other providers regulated and approved by the board.
(iv) Various appraisal courses may be credited toward the seventy-five classroom-hour education requirement. Applicants must demonstrate that their education involved coverage of all topics listed below with particular emphasis on the appraisal of one to four unit residential properties:
(a.) influences on real estate value;
(b.) legal considerations in appraisal;
(c.) types of value;
(d.) economic principles;
(e.) real estate markets and analysis;
(f.) valuation process;
(g.) property description;
(h.) highest and best use analysis;
(i.) appraisal statistical concepts;
(j.) sales comparison approach;
(k.) site value;
(1.) cost approach;
(m.) income approach;
-gross rent multiplier analysis;
-estimation of income and expenses;
-operating expense ratios;
(n.) valuation of partial interests;
(o.) appraisal standards and ethics.
(d) demonstrate the equivalent of two years appraisal experience. If requested, experience documentation in the form of reports or file memoranda should be available to support the claim for experience;
(i) A year is defined in terms of hours within a calendar year. One thousand hours constitutes a year of appraisal experience. A minimum of two calendar years is required. Hours may be treated as cumulative in order to achieve the necessary two thousand hours of appraisal experience.
(ii) Acceptable appraisal experience may include, but is not limited to, fee and staff appraisal, ad valorem tax appraisal, review appraisal, appraisal analysis, real estate counseling, highest and best use analysis, feasibility analysis/study, and teaching of appraisal courses. This should not be construed as limiting experience credit to only those individuals who are state certified or state licensed.
(iii) The verification for experience credit claimed by an applicant must be by affidavit on forms prescribed by the board.
(e) after meeting the above requirements, stand for and pass an examination administered or approved by the board.
(f) the only prerequisite to sit for the examination is completion of the education/classroom hour requirement.
(2) Failure to meet any of the requirements provided in item (1) of this subsection is grounds for denial of license without a hearing.
(3)(a) An applicant seeking to qualify as a state licensed real estate appraiser who lacks either the education or the experience requirements, but not both, provided in item (1) of this subsection may apply for a transitional license. for a limited period of no more than twenty-four months. Within twenty-four months from the date of issuance of a transitional license, the licensee must submit proof of successful completion of all of the educational or experience requirements. Transitional licenses may not be issued to applicants pursuant to this item (3) subsequent to December 31, 1993.
(b) If proof of successful completion of the required education or experience is not provided within twenty-four months, the license is canceled automatically without any action by the board. Any person who engages in real estate appraisal activity after this cancellation is practicing without a license and is subject to the penalties provided in this chapter and any other civil or criminal penalties provided by law.
(c) No license which has been canceled may be reinstated until it is established to the satisfaction of the board that all educational and experience requirements of the board have been met.
(d) The board is authorized to modify any requirements of this item in order to bring these requirements into conformity of any guidelines established by the appraisal subcommittee.
(D)(1) In order to qualify as a state certified residential real estate appraiser, an applicant must:
(a) have attained the age of eighteen years;
(b) be a resident of the State of South Carolina unless that person has fully complied with the provisions of Section 40-60-100;
(c) furnish evidence that he has successfully completed not less than one hundred five classroom hours in a course or courses of study related to real estate appraisal approved by the board which must include coverage of standards of professional appraisal practice and which may include the seventy-five classroom hours required for the state licensed real estate appraiser classification;
(i) a classroom hour is defined as fifty minutes out of each sixty-minute segment.
(ii) credit toward the classroom-hour requirement only may be granted where the length of the educational offering is at least fifteen hours, and the individual successfully completes an examination pertinent to that educational offering.
(iii) credit for the classroom-hour requirement may be obtained from the following:
(a.) accredited colleges or universities;
(b.) technical, community, or junior colleges;
(c.) real estate appraisal or real estate related organizations;
(d.) state or federal agencies or commissions;
(e.) proprietary schools;
(f.) other providers regulated and approved by the board;
(iv) various appraisal courses may be credited toward the one hundred five classroom-hour education requirement. Applicants must demonstrate that their education involved coverage of all topics listed below with particular emphasis on the appraisal of one to four unit residential properties:
(a.) influences on real estate value;
(b.) legal considerations in appraisal;
(c.) types of value;
(d.) economic principles;
(e.) real estate markets and analysis;
(f.) valuation process;
(g.) property description;
(h.) highest and best use analysis;
(i.) appraisal statistical concepts;
(j.) sales comparison approach;
(k.) site value;
(1.) cost approach;
(m.) income approach;
-gross rent multiplier analysis;
-estimation of income and expenses;
-operating expense ratios;
-direct capitalization;
(n.) valuation of partial interests;
(o.) appraisal standards and ethics;
(d) demonstrate the equivalent of two years appraisal experience. If requested, experience documentation in the form of reports or file memoranda should be available to support the claim for experience;
(i) a year is defined in terms of hours within a calendar year. One thousand hours constitutes a year of appraisal experience. A minimum of two calendar years is required. Hours may be treated as cumulative in order to achieve the necessary two thousand hours of appraisal experience;
(ii) acceptable appraisal experience may include, but is not limited to, fee and staff appraisal, ad valorem tax appraisal, review appraisal, appraisal analysis, real estate counseling, highest and best use analysis, feasibility analysis/study, and teaching of appraisal courses. This should not be construed as limiting experience credit to only those individuals who are state certified or state licensed;
(iii) the verification for experience credit claimed by an applicant must be by affidavit on forms prescribed by the board;
(e) stand for and pass an examination administered or approved by the board;
(f) the only requirement to sit for the examination is completion of the education/classroom hour requirement.
(2) Failure to meet any of the requirements provided in item (1) of this subsection is grounds for denial of certification without a hearing.
(CE)(1) In order to qualify as a state certified general real estate appraiser, an applicant must:
(a) have attained the age of eighteen years;
(b) be a resident of the State of South Carolina unless that person has fully complied with the provisions of Section 40-60-100;
(c) furnish evidence that he has successfully completed not less than one hundred sixty-five classroom hours in a course or courses of study related to real estate appraisal approved by the board which must include coverage of standards of professional appraisal practice and which may include the seventy-five classroom hours required for the state licensed real estate appraiser classification or the one hundred five classroom hours required for the state certified residential real estate appraiser classification;
(i) A classroom hour is defined as fifty minutes out of each sixty-minute segment.
(ii) Credit toward the classroom-hour requirement only may be granted where the length of the educational offering is at least fifteen hours, and the individual successfully completes an examination pertinent to that educational offering.
(iii) Credit for the classroom-hour requirement may be obtained from the following:
(a.) accredited colleges or universities;
(b.) technical, community, or junior colleges;
(c.) real estate appraisal or real estate related organizations;
(d.) state or federal agencies or commissions;
(e.) proprietary schools;
(f.) other providers regulated and approved by the board.
(iv) Various appraisal courses may be credited toward the one hundred sixty-five classroom-hour education requirement. Applicants must demonstrate that their education involved coverage of all topics listed below with particular emphasis on the appraisal of nonresidential properties. Residential is defined as one to four residential units:
(a.) influences on real estate value;
(b.) legal considerations in appraisal;
(c.) types of value;
(d.) economic principles;
(e.) real estate markets and analysis;
(f.) valuation process;
(g.) property description;
(h.) highest and best use analysis;
(i.) appraisal math and statistics;
(j.) sales comparison approach;
(k.) site value;
(l.) cost approach;
(m.) income approach;
-estimation of income and expenses;
-operating statement ratios;
-direct capitalization;
-cash flow estimates;
-measures of cash flow;
-discounted cash flow analysis;
(n.) valuation of partial interests;
(o.) appraisal standards and ethics;
(p.) narrative report writing.
(d) demonstrate the equivalent of two years appraisal experience. If requested, experience documentation in the form of reports or file memoranda should be available to support the claim for experience;
(i) A year is defined in terms of hours within a calendar year. One thousand hours constitutes a year of appraisal experience. A minimum of two calendar years is required. Hours may be treated as cumulative in order to achieve the necessary two thousand hours of appraisal experience.
(ii) The applicant, for two years' experience credit, must have accumulated a total of two thousand hours of appraisal experience of which at least fifty percent (one thousand hours) must be in nonresidential appraisal work. Residential is defined as one to four residential units.
(iii) Acceptable appraisal experience may include, but is not limited to, fee and staff appraisal, ad valorem tax appraisal, review appraisal, appraisal analysis, real estate counseling, highest and best use analysis, feasibility analysis/study, and teaching of appraisal courses. This should not be construed as limiting experience credit to only those individuals who are state certified or state licensed.
(iv) The verification for experience credit claimed by an applicant must be by affidavit on forms prescribed by the board.
(e) after meeting the above requirements, stand for and pass an examination administered or approved by the board.
(f) the only prerequisite to sit for the examination is completion of the education/classroom hour requirement.
(2) Failure to meet any of the requirements provided in item (1) of this subsection is grounds for denial of certification without a hearing.
(DF) Failure to complete any of the educational requirements as provided in this chapter is grounds for denial of permit, registration, license, or certification or denial of renewal of permit, registration, license, or certification without further hearing. No fees or portion of fees paid may be refunded if any appraiser fails to meet the continuing education provisions of this chapter.
(EG) The board is authorized to waive or to modify any experience, examination, or education requirements established in this chapter for appraisers in order to bring those requirements into conformity with any requirements established by the appraisal subcommittee.
(FH) Any applicant who does not become licensed or certified within one hundred eighty days five years after passing the examination must retake the examination in order to qualify for the license or certification sought.
Section 40-60-80. (A) As a prerequisite to renewal of a permit, registration, license, or certification, an appraiser shall present evidence satisfactory to the board of having met the continuing education requirements established by this chapter or regulation.
(B) The basic continuing education requirement for renewal of a permit, registration, license, or certification is completion by the applicant of ten classroom hours of instruction in courses or seminars which have been approved by the board for each year of the renewal period.
(1) A classroom hour is defined as fifty minutes out of each sixty-minute segment.
(2) Credit toward the classroom-hour requirement only may be granted where the length of the educational offering is at least two hours.
(3) Credit for the classroom-hour requirement may be obtained from the following:
(a) accredited colleges or universities;
(b) technical, community, or junior colleges;
(c) real estate appraisal or real estate related organizations;
(d) state or federal agencies or commissions;
(e) proprietary schools;
(f) other providers regulated and approved by the board.
(C) Appraisers may request to receive credit for continuing education for a course that has not been approved by the board. However, such credit may be granted only if the appraiser provides satisfactory proof of course completion and the board finds that the course meets the criteria set for continuing education courses with regard to subject matter, course length, instructor qualification and student attendance.
(CD) A permit, registration, license, or certification of an appraiser that has been suspended may not be reissued until the applicant for reissuance presents evidence of completion of the continuing education required by this section.
(DE) No appraiser whose permit, registration, license, or certification has been placed on inactive status is allowed to reactivate a permit, registration, license, or certification unless the provisions of this section are met in addition to any other requirements of this chapter. Before applying to reactivate a permit, registration, license, or certification, the appraiser must obtain the equivalent of ten classroom hours of instruction in courses or seminars which cover real estate related appraisal topics for each year that the permit, registration, license, or certification has been on inactive status."
SECTION 4. Section 40-60-100 of the 1976 Code is amended to read:
"Section 40-60-100. (A) Every applicant for permitting, registration, licensure, or certification under this chapter who is not a resident of South Carolina shall submit, with the application for permitting, registration, licensure, or certification, an irrevocable consent that service of process upon the applicant may be made by delivery of the process to the commissioner, if, in an action against the applicant in a court of South Carolina arising out of the applicant's activities as an appraiser, the plaintiff, in the exercise of due diligence, may not effect personal service upon the applicant.
(B) A nonresident of South Carolina who has complied with the provisions of subsection (A) of this section may obtain a permit, registration, license, or certification by conforming to all of the provisions of this chapter relating to the permit, registration, license, or certification sought.
(C) A person who is licensed or certified to practice real estate appraising in other states shall submit an attestation of licensure or certification from the real estate appraiser regulatory authority of the other jurisdictions at the time of filing an application for examination and copies of the records of any disciplinary actions taken against the applicant's license or certification. In the application for examination, all questions of equivalency of academic and experience requirements of other states must be determined by the commissioner and, at the discretion of the commissioner, the nonresident applicant must comply with additional requirements specified by the commissioner.
(D) The commissioner, with concurrence of the board, may enter into reciprocal agreements with real estate appraiser regulatory authorities of other jurisdictions which provide for waivers of education requirements or examinations if the board considers the education and examination requirements of another jurisdiction to be substantially equivalent to the requirements of this chapter and its regulations."
SECTION 5. Sections 40-60-120 through 40-60-140 of the 1976 Code is amended to read:
"Section 40-60-120. (A) The board shall prescribe the form of a wall certificate to denote that an individual is an appraiser apprentice, a state registered real estate appraiser, a state licensed real estate appraiser, a state certified residential real estate appraiser, or a state certified general real estate appraiser, as the case may be. The board shall mail the wall certificate to the appraiser whose duty it is to display the wall certificate conspicuously in the appraiser's place of business. The board also shall prepare and deliver a pocket card indicating that the person whose name appears thereon is an appraiser apprentice, a state registered real estate appraiser, a state licensed real estate appraiser, a state certified residential real estate appraiser, or a state certified general real estate appraiser.
(B) A permit, registration, license, or certification issued under authority of this chapter must bear a number assigned by the board. When signing an appraisal report, an appraiser apprentice shall place his permit number adjacent to or immediately below his title of 'Appraiser Apprentice'. When signing an appraisal report, a state registered real estate appraiser shall place his registration number adjacent to or immediately below his title of 'State Registered Real Estate Appraiser'. When signing an appraisal report, a state licensed real estate appraiser shall place his license number adjacent to or immediately below his title of 'State Licensed Real Estate Appraiser'. When signing an appraisal report, a state certified residential real estate appraiser shall place his certificate number adjacent to or immediately below his title of 'State Certified Residential Real Estate Appraiser'. When signing an appraisal report, a state certified general real estate appraiser shall place his certificate number adjacent to or immediately below his title of 'State Certified General Real Estate Appraiser'. The permit, registration, license, or certificate number must be used in all statements of qualification, contracts, or other instruments used by the appraiser when reference is made to his apprentice, registered, licensed, or certified status.
(C) All real estate appraisals given in connection with federally-related transactions in this State must be in writing and contain the permit, registration, license or certification number assigned by the board to the real estate appraiser.
(D) Wall certificates and pocket cards shall remain the property of the State and, upon any suspension or revocation of a permit, registration, license, or certification pursuant to this chapter, the individual holding the related wall certificate or pocket card immediately shall return the wall certificate or pocket card to the commissioner.
Section 40-60-130. (A) State A state permit, registration, licensure, or certification is granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in a manner as to safeguard the interest of the public and only after satisfactory proof of the qualifications has been presented to the board.
(B) Where an applicant for a permit, registration, license, or certification has been convicted in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense, has been convicted of a felony or a crime involving moral turpitude, or pled nolo contendere to any such offense, the untrustworthiness of the applicant and the conviction in itself may be a sufficient ground for refusal of granting a permit, registration, license, or certification. As used in this chapter, 'felony' includes any offense which, if committed in this State, would be deemed a felony, without regard to its designation elsewhere. As used in this chapter, 'conviction' includes a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. An applicant for a permit, registration, license, or certification who has been convicted of any offense enumerated in this subsection may be registered, licensed, or certified by the board only if:
(1) at least five years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later;
(2) no criminal charges are pending against the applicant; and
(3) the applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in a manner to safeguard the interests of the public.
(C) If an applicant has been denied a permit, registration, license, or certification or his permit, registration, license, or certification to practice or conduct any regulated profession, business, or vocation has been suspended by any occupational licensing body of this State, any other state, any foreign country, or any court or lawful agency thereof, or if the applicant has been guilty of conduct or practices in this State or elsewhere which would have been grounds for suspending his permit, registration, license, or certification under this chapter had the applicant then been permitted, registered, licensed, or certified, the applicant is considered not to be qualified unless, because of lapse of time and subsequent good conduct and reputation, or other reason considered sufficient, it appears to the board that the interest of the public is not likely to be endangered by the granting of a permit, registration, license, or certification.
(D) If an applicant has been disbarred or his permit, registration, license, or certification to practice or conduct any regulated profession, business, or vocation has been revoked by any occupational licensing body of this State, any other state, any foreign country, or any court or lawful agency thereof, the applicant may be permitted, registered, licensed, or certified by the board only if:
(1) at least two years have passed since the date that the applicant's occupational registration, license, or certification were revoked;
(2) no criminal charges are pending against the applicant at the time of application; and
(3) the applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public.
(E) Where an applicant or an appraiser has been found guilty of a violation of the Federal Fair Housing Law or the South Carolina Fair Housing Law by an administrative law judge or a court of competent jurisdiction and after any appeal of the conviction is concluded, the conviction may be a sufficient ground for refusal of granting a permit, registration, license, or certification or the imposition of any sanction permitted by this chapter.
(F) Whenever any appraiser is convicted or pleads nolo contendere to any offense enumerated in subsection (B) of this section, the appraiser must notify the board within seven days of that conviction by certified mail, return receipt requested. The appraiser's permit, registration, license, or certification automatically must be revoked sixty days after the conviction or plea unless the appraiser makes a written request to the board for a hearing during that sixty-day period. Following a hearing held pursuant to this subsection, the board may impose upon that appraiser any sanction permitted by this chapter.
(G) Where an applicant or an appraiser has made a false statement of material fact on an application or caused to be submitted or been a party to preparing or submitting any falsified application to the board, the action may be a sufficient ground for the refusal, suspension, or revocation of the permit, registration, license, or certification.
(H) Suspension or revocation of a permit, registration, license, or certification, as provided by this chapter, also is grounds for refusal to grant a permit, registration, license, or certification.
(I) The conduct provided for in subsections (A) through (E) of this section which relates to the denial of a permit, registration, license, or a certification to an applicant also is grounds for the imposition of any sanction permitted by this chapter when the conduct is that of an appraiser.
Section 40-60-140. (A) The board may, upon its own motion, and shall, upon the written complaint of any aggrieved person, investigate the activities of an applicant or a person permitted, registered, licensed, or certified under this chapter and may deny, suspend, revoke, or otherwise restrict a permit, registration, license, or certification or impose either a public or private reprimand, other discipline, or a fine not to exceed one thousand dollars per occurrence, if the board finds an applicant, appraiser apprentice, state registered real estate appraiser, state licensed real estate appraiser, or state certified real estate appraiser has:
(1) failed to meet the minimum qualifications for a permit, registration, licensure, or certification established by or pursuant to the provisions of this chapter;
(2) procured or attempted to procure a permit, registration, license, or certification under the act by knowingly making a false statement, submitting false information, or making a material misrepresentation in an application filed with the board or procured or attempted to procure a permit, registration, license, or certification through fraud or misrepresentation;
(3) paid money to a person to procure a permit, registration, license, or certification other than the fees established pursuant to the provisions of this chapter;
(4) performed an act in the practice of real estate appraising which constitutes dishonest, fraudulent, or improper conduct;
(5) engaged in the business of real estate appraising under an assumed or fictitious name;
(6) paid a finder's fee or a referral fee in connection with an appraisal of real estate or real property in this State;
(7) made a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications;
(8) violated the confidential nature of governmental records to which an appraiser gained access through employment or engagement as an appraiser by a governmental agency;
(9) violated any of the standards for the development or communication of real estate appraisals as promulgated by the board;
(10) failed or refused without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal;
(11) exhibited negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal;
(12) accepted an independent appraisal assignment when the employment itself or fee to be paid was contingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, opinion, or conclusion, or upon the award, recovery, or consequences resulting from the appraisal assignment;
(13) failed to retain for five years the original or a true copy of each appraisal report prepared or signed by the appraiser and all supporting data assembled and formulated by the appraiser in preparing each appraisal report. The five-year period for retention of records is applicable to each engagement of the services of the appraiser and commences on the date of delivery of each appraisal report to the client unless, within the five-year period, the appraiser is notified that the appraisal or the appraisal report is involved in litigation, in which event the five-year period for the retention of records commences on the date of the final disposition of the litigation;
(14) failed upon reasonable request of an authorized investigator of the board to make all records required to be maintained under the provisions of this chapter available to the board for inspection and copying by the board or failed to appear upon reasonable request for an interview with an authorized investigator of the board;
(15) demonstrated bad faith, dishonesty, untrustworthiness, or incompetency to act as an appraiser in a manner to endanger the interests of the public;
(16) performed or attempted to perform any real estate appraisal activity on property located in another state without first having complied fully with that state's laws regarding real estate appraisal activity;
(17) paid a fee or valuable consideration to a person for acts or services performed in violation of this chapter;
(18) been convicted of a felony or a crime involving moral turpitude or pled guilty or nolo contendere to any such offense;
(19) violated any provision of this chapter or any regulation promulgated hereunder.
(B) When an appraiser has previously been sanctioned by the board or by any other state's real estate appraiser regulatory authority, the board may consider these prior sanctions in determining the severity of a new sanction which may be imposed upon a finding that an appraiser has violated a provision of this chapter or any of the regulations of the board. The failure of an appraiser to comply with or to obey a final order of the board may be cause for suspension or revocation of the individual's permit, registration, license, or certification after opportunity for a hearing.
(C) In a disciplinary proceeding based upon a civil judgment, an appraiser must be afforded an opportunity to present matters in mitigation and extenuation but may not collaterally attack the civil judgment."
SECTION 6. Chapter 60, Title 40 of the 1976 Code is amended by adding:
"Section 40-60-145. The board shall adopt the uniform standards of professional appraisal practice, as adopted by the appraisal standards board of the appraisal foundation and amended from time to time. All appraiser apprentices and state registered, licensed, and certified appraisers shall conform their professional conduct to these standards of professional appraisal practice."
SECTION 7. Sections 40-60-150 through 40-60-170 of the 1976 Code are amended to read:
"Section 40-60-150. (A) An appraiser who has had a permit, registration, license, or certification revoked by the board must not be issued a new permit, registration, license, or certification within two years from and after the date of the revocation, nor at any time thereafter except upon an affirmative vote of at least a majority of the members of the board.
(B) A permit, registration, license, or certification of an appraiser that has been revoked must not be reissued until the applicant for reinstatement presents evidence of completion of the continuing education required by this chapter.
(C) A license or certification of an appraiser that has been revoked may not be reissued until the applicant for reinstatement successfully completes the examination for licensure or certification.
Section 40-60-160. (A) Whenever a complaint filed with the board involves an appraisal report which varies from a sales, lease, or exchange price the board may, in its discretion, decline to conduct an investigation.
(B) A person authorized to conduct an investigation on behalf of the board shall have access to and may examine any writings, documents, or other material which may be related to an investigation.
(C) In the conduct of an investigation or proceeding under this chapter, the chairman of the board, the commissioner, or any duly authorized assistant or deputy appointed by the commissioner, may issue subpoenas to compel production of those writings, documents, or material on behalf of the board. After the service of a notice of hearing, the chairman of the board, commissioner, or any duly authorized assistant or deputy appointed by the commissioner may issue subpoenas to compel production of those writings, documents, or material, either on behalf of the board or at the request of a respondent. The commissioner, chairman of the board, the board, or the respondent may apply to the circuit court of the county in which a person disobeying a subpoena resides for an order requiring compliance. Failure to comply with an order is punishable as for contempt of court.
(D) If technical assistance is required in an investigation due to its complexity, the commissioner may contract on behalf of the board for consultant services provided:
(1) no member of the board or commission obtains financial gain for himself through these consultant services;
(2) no person with whom a member of the board or commission or a member of his household is employed or negotiating or has an arrangement concerning prospective employment, may provide these consultant services.
(E) The results of all investigations may be reported only to the board or to the commissioner and the records of the investigations are not subject to subpoena in civil actions. Records of investigations must be kept by the board and no part of any investigative record may be released for any purpose other than a hearing before the board or its designated hearing officer, review by another law enforcement agency or lawful licensing authority upon issuance of a subpoena from the agency or authority or at the discretion of the board or the commissioner, review by the respondent after the service of a notice of hearing, or an appeal of a decision by the board to a court of competent jurisdiction. After service of a notice of hearing, a respondent has a right to obtain a copy of the investigative record pertaining to the respondent.
(F) Whenever the board issues a disciplinary sanction pursuant to the provisions of this chapter, the board shall publish the sanction in its official newsletter unless the sanction is a private reprimand.
(G) The commissioner shall maintain in his main office a public docket or record, in which he shall record, from time to time as made, the rulings or decisions upon all complaints filed with the board and all investigations instituted by the board, upon or in connection with which any hearing has been held, or in which a an appraiser apprentice, state registered real estate appraiser, a state licensed real estate appraiser, or state certified real estate appraiser has made no defense unless the board issues a private reprimand in that instance.
Section 40-60-170. (A) Before the board shall impose on any appraiser any sanction permitted by this chapter or deny issuance of a permit, registration, license, or certification to an applicant, it shall provide for a hearing for the appraiser in accordance with the Administrative Procedures Act.
(B) The date of the hearing must not be less than thirty nor more than one hundred twenty days from the date after the appraiser or applicant is notified of the charges against him.
(C) If an appraiser or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against the appraiser or applicant and take action as if the appraiser or applicant had been present. A notice of hearing or final decision of the board in a disciplinary proceeding must be served upon the appraiser or applicant by personal service or by certified mail, return receipt requested, to the last known address of record with the board. If the material is returned marked 'unclaimed' or 'refused' or is undeliverable and if the appraiser or applicant may not be located after diligent effort, the commissioner is considered to be the agent for the appraiser or applicant for the purposes of this section, and service upon the commissioner is considered service upon the appraiser or applicant.
(D) A decision by the board to revoke or suspend a permit, registration, license, or certification or to restrict, limit, or otherwise discipline a permit, registration, license, or certification holder must be by majority vote of the total membership of the board. A disciplinary action is subject to review by the circuit court upon petition filed by the permit, registration, license, or certification holder within thirty days from the date of delivery of the board's decision to the permit, registration, license, or certification holder. A copy of the petition must be served upon the commissioner.
(E) A person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision of the board is entitled to judicial review in accordance with the Administrative Procedures Act. The review is limited to the record established by the board hearing.
(F) No stay or supersedeas may be granted for more than six months pending appeal from a decision by the board to revoke, suspend, or otherwise restrict a permit, license, certification, or registration."
SECTION 8. Sections 40-60-190 through 40-60-210 of the 1976 Code are amended to read:
"Section 40-60-190. (A) No person other than a an appraiser apprentice, state registered real estate appraiser, a state licensed real estate appraiser, or a state certified real estate appraiser shall assume or use the title or any title, designation, or abbreviation likely to create the impression of state permitting, registration, licensure, or certification as a real estate appraiser.
(B) 'Appraiser apprentice', 'State state registered real estate appraiser', 'state licensed real estate appraiser', 'state certified residential real estate appraiser', and 'state certified general real estate appraiser' only may be used to refer to individuals who hold this permit, registration, license, or certification and may not be used following or immediately in connection with the name or signature of a firm, partnership, corporation, or group or in that manner that it might be interpreted as referring to a firm, partnership, corporation, group, or anyone other than an individual holder of the permit, registration, license, or certification.
(C) No permit, registration, license, or certification may be issued under the provisions of this chapter to a corporation, partnership, firm, or group.
Section 40-60-200. (A) A person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform or performs any single act of real estate appraisal as defined in Section 40-60-20, whether as a part of an appraisal or as an appraisal, is considered an appraiser within the meaning of this chapter. The commission of a single act by a person who is required to have a permit, registration, license, or certification under this chapter but who is not permitted, registered, licensed, or certified constitutes a violation of this chapter.
(B) It is unlawful for any person, directly or indirectly, to engage in or conduct the business of, or advertise or hold himself out as engaging in or conducting the business of, or act in the capacity of, an appraiser within this State without first obtaining a permit, registration, license, or certification as provided in this chapter.
(C) A person acting as an appraiser within the meaning of this chapter without a permit, registration, license, or certification is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than five hundred dollars or imprisonment of not more than six months, or both, in the discretion of the court.
Section 40-60-210. (A) The board may issue a cease and desist order prohibiting a person from violating the provisions of this chapter by engaging in the practice of an appraiser without a permit, registration, license, or certification. The cease and desist order is final ten days after it is issued unless the person to whom the order is issued requests a hearing before the board.
(B) The violation of a cease and desist order of the board issued under subsection (A) of this section subjects the person violating the order to further proceedings before the board, and the board is authorized to impose a fine not to exceed one thousand dollars for each transaction constituting a violation of the order. Each day that a person practices in violation of this chapter constitutes a separate violation.
(C) Initial judicial review of the decision of the board entered pursuant to this section is available solely in the circuit court of the county of domicile of the board.
(D) Nothing in this section may be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this section."
SECTION 9. This act takes effect upon approval by the Governor./
Amend title to read:
/TO AMEND SECTIONS 40-60-20, 40-60-30, 40-60-40, 40-60-50 THROUGH 40-60-80, 40-60-100, 40-60-120 THROUGH 40-60-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE APPRAISERS, SO AS TO PROVIDE CERTAIN DEFINITIONS; ESTABLISH PARAMETERS FOR PRACTICE BY STATE LICENSED REAL ESTATE APPRAISERS, STATE CERTIFIED RESIDENTIAL REAL ESTATE APPRAISERS and APPRAISER APPRENTICES; PROVIDE FOR COMPOSITION OF THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD; PROVIDE FOR APPLICATION, LICENSURE, PERMITTING and CONTINUING EDUCATION FEES FOR APPRAISER APPRENTICES, STATE REGISTERED REAL ESTATE APPRAISERS, STATE LICENSED REAL ESTATE APPRAISERS, and STATE CERTIFIED REAL ESTATE APPRAISERS; TO PROVIDE FOR QUALIFICATIONS, CRITERIA FOR INDIVIDUALS TO BECOME LICENSED, PERMITTED, REGISTERED OR CERTIFIED TO PRACTICE IN THE AREA OF REAL ESTATE APPRAISAL; TO PROVIDE FOR REGULATORY and INVESTIGATORY AUTHORITY OF THE STATE REAL ESTATE APPRAISERS BOARD; TO AMEND CHAPTER 60, TITLE 40 OF THE 1976 CODE, RELATING TO REAL ESTATE APPRAISERS, BY ADDING SECTION 40-60-145, SO AS TO REQUIRE THAT THE REAL ESTATE APPRAISERS BOARD ADOPT THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE AS ITS OPERATING GUIDE; and TO AMEND SECTIONS 40-60-150 THROUGH 40-60-170 and 40-60-190 THROUGH 40-60-210, RELATING TO REAL ESTATE APPRAISERS, SO AS TO ESTABLISH COMPLAINT INVESTIGATION PROCEDURES FOR THE BOARD; and TO PROVIDE FOR REGULATION OF THE USE OF THE TITLES OF APPRAISER APPRENTICE, STATE REGISTERED REAL ESTATE APPRAISER, STATE LICENSED REAL ESTATE APPRAISERS, and STATE CERTIFIED REAL ESTATE APPRAISER./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLEOD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 619 -- Senators Matthews, Patterson, Washington, Glover, Mitchell, Ford, Jackson and Mescher: A BILL TO AMEND SECTIONS 40-22-190 AND 40-22-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE THAT GRADUATION FROM A FOUR-YEAR ENGINEERING TECHNOLOGY PROGRAM MAY BE QUALIFICATION FOR REGISTRATION AS A PROFESSIONAL ENGINEER AND FOR CERTIFICATION AS AN ENGINEER-IN-TRAINING.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11475AC.93), which was adopted.
Amend the bill, as and if amended, Section 40-22-195(B), page 1, line 39, by inserting after /B/ /associate/ so that when amended subsection (B) shall read:
/(B) The minimum evidence satisfactory to the board that an applicant is qualified for registration as a Category B associate professional engineer is graduation in a TAC/ABET accredited engineering technology curriculum of four or more years from a school or college approved by the board as being in satisfactory standing, a specific record after graduation of eight or more years of experience in engineering work of a character satisfactory to the Board, and passing a written examination as required by the Board./
Amend further in Section 40-22-190(B)(2), page 3, line 34, by inserting before /school/ /curriculum from a/; on line 40 by striking /or oral/ and inserting /or oral/; and on page 4, line 2, by inserting after /;/ /or/ so that when amended item (2) shall read:
/(2) graduation in from an approved engineering or an approved related engineering science curriculum of four or more years in a curriculum from a school or college other than those approved by the board in item (1) of this section, a specific record after graduation of eight or more years of experience in engineering work of a character satisfactory to the board, indicating that the applicant is competent to practice engineering, passing of a written or oral examination designed to show knowledge and skill approximating that attained through graduation in an EAC/ABET accredited four-year engineering curriculum, and then passing of the written examinations required of applicants in item (1) of this section.; or/.
Amend further in Section 40-22-190(B)(3), page 4, line 21, by striking /; or/ and inserting /./ so that when amended item (3) shall read:
/(3) graduation in a TAC/ABET accredited engineering technology curriculum of four or more years from a school or college approved by the board as being in satisfactory standing, supplemental post graduate studies in approved engineering science courses sufficient to equate the applicant's cumulative program of formal engineering study as being substantially equivalent to an EAC/ABET accredited program, a specific record after graduation of eight or more years of experience in engineering work of a character satisfactory to the board and which indicates that the applicant is competent to practice engineering, passing a written examination designed to show knowledge and skill approximating that attained through graduation in an EAC/ABET accredited four-year engineering curriculum, and then passing the written examination required of applicants in item (1)./
Amend further in Section 40-22-190(B), page 4, lines 22 through 30, by striking item (4) which reads:
/(4) graduation in a TAC/ABET accredited engineering technology curriculum of four or more years from a school or college approved by the board as being in satisfactory standing, a specific record after graduation of eight or more years of experience in engineering work under a category A professional engineer, passing additional courses required by the board, and then passing the written examination required of applicants in item (1)./
Amend further in Section 40-22-190(C), page 4, line 31, by striking /category/ and inserting /Category/ and by striking /a/ and inserting /A/ so that when amended subsection (C) shall read:
/(C) A Category A professional engineer license holder is entitled to the unrestricted practice of engineering./
Amend further Section 40-22-200(2), page 5, line 14, by striking /only/; and on line 15 by inserting after /training/ /only/ so that when amended item (2) shall read:
/(2) graduation in an approved engineering or an approved related engineering science curriculum of four or more years in from a school or college other than those approved by the board in item (1) of this section, or graduation in a TAC/ABET accredited engineering technology curriculum of four or more years from a school or college approved by the board as being in satisfactory standing, a specific record after graduation of four or more years experience in engineering work of a character satisfactory to the board and passing written examinations in engineering subjects designed to show knowledge and skill approximating that attained through graduation in an EAC/ABET accredited engineering curriculum, and passing of the examination as required in item (1) of this section. Upon graduation an applicant qualifying under this item may take the written examination as required by the board, however, the applicant may be certified as an engineer-in-training only after having first attained four years of progressive experience in engineering work of a character satisfactory to the board./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLEOD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 688 -- Senator O'Dell: A BILL TO PROVIDE THAT CREDIT LIFE, PROPERTY, ACCIDENT AND HEALTH INSURANCE PREMIUMS CHARGED BY SUPERVISED LENDERS UNDER THE CONSUMER PROTECTION CODE OR BY RESTRICTED LENDERS UNDER THE CONSUMER FINANCE LAW ARE SUBJECT TO A MINIMUM CHARGE AND A MINIMUM RETENTION OF THREE DOLLARS.
Rep. WILKES explained the Bill.
S. 747 -- Judiciary Committee: A BILL TO AMEND 40-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF PROFESSIONAL ASSOCIATIONS, SO AS TO PROVIDE THAT PERSONS LICENSED AS ACCOUNTANTS MAY OPERATE IN ANY FORM ALLOWED BY LAW; TO AMEND SECTION 40-1-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION AND EDUCATION REQUIREMENTS OF CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO INCLUDE FIVE YEARS EXPERIENCE TEACHING ACCOUNTING IN A COLLEGE OR UNIVERSITY RECOGNIZED BY THE BOARD AS ONE OF THE EXPERIENCE REQUIREMENTS; TO AMEND SECTION 40-1-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WAIVER OF EXAMINATION FOR A PERSON CERTIFIED IN ANOTHER STATE AS A CERTIFIED PUBLIC ACCOUNTANT, SO AS TO PROVIDE FOR FOREIGN RECIPROCITY WHEN SUCH JURISDICTIONS HAVE SUBSTANTIALLY EQUIVALENT REQUIREMENTS AS SOUTH CAROLINA; TO AMEND SECTION 40-1-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF CERTIFICATE OF COMPLIANCE WITH CONTINUING EDUCATION REQUIREMENTS, SO AS TO PROVIDE THAT ANNUALLY OR ON OR BEFORE THE LAST DAY OF FEBRUARY A CERTIFICATE OF COMPLIANCE WITH THE CONTINUING EDUCATION REQUIREMENTS MUST BE FILED WITH THE BOARD; TO AMEND SECTION 40-1-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OR SUSPENSION OF A LICENSE OR PERMIT, SO AS TO PROVIDE SPECIFIC VIOLATIONS FOR WHICH THE BOARD MAY REVOKE OR SUSPEND ANY CERTIFICATE OF A CERTIFIED PUBLIC ACCOUNTANT OR A LICENSE OF A PUBLIC ACCOUNTANT; TO AMEND SECTION 40-1-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF PROFESSIONAL ASSOCIATIONS, SO AS TO PROVIDE SPECIFIC VIOLATIONS FOR WHICH THE BOARD MAY REVOKE OR SUSPEND ANY LICENSE OR PERMIT OF AN ACCOUNTING PRACTITIONER.
The following Bill was taken up.
S. 713 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-43-45 SO AS TO REQUIRE A DEALER IN LIQUEFIED PETROLEUM GAS TO MEET CERTAIN STORAGE CAPACITY REQUIREMENTS; TO ADD SECTION 39-43-75 SO AS TO REQUIRE NOTICE TO BE GIVEN BEFORE WORK IS BEGUN ON LIQUEFIED PETROLEUM GAS SYSTEMS; TO AMEND SECTION 39-43-10, AS AMENDED, RELATING TO DEFINITIONS IN THE LIQUEFIED PETROLEUM GAS CHAPTER, SO AS TO CONSOLIDATE AND REVISE THESE DEFINITIONS; TO AMEND SECTION 39-43-20, AS AMENDED, RELATING TO THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO INCREASE THE BOARD FROM FOUR TO FIVE; TO AMEND SECTION 39-43-30, AS AMENDED, RELATING TO DUTIES OF THE BOARD, SO AS TO DELETE THE REFERENCE TO PROSECUTING CRIMINAL VIOLATIONS AND TO REVISE AND INCLUDE NEW REFERENCES TO THE NATIONAL FIRE PROTECTION ASSOCIATION PAMPHLETS WHICH ARE THE BASIS FOR REGULATIONS THE BOARD MUST PROMULGATE; TO AMEND SECTION 39-43-40, AS AMENDED, RELATING TO LIQUEFIED PETROLEUM GAS BUSINESS ACTIVITIES REQUIRING A LICENSE, SO AS TO REVISE STATUTORY REFERENCES; TO AMEND SECTION 39-43-50, AS AMENDED, RELATING TO LICENSE FEES AND DEFINITIONS, SO AS TO DELETE AND TRANSFER THESE DEFINITIONS; TO AMEND SECTION 39-43-80, AS AMENDED, RELATING TO CERTIFICATION REQUIREMENTS FOR A PERSON WHO TRANSPORTS, DELIVERS, OR CONDUCTS OTHER BUSINESS ACTIVITIES RELATED TO LIQUEFIED PETROLEUM GAS, SO AS TO REVISE THE CERTIFICATION REQUIREMENT; TO AMEND SECTION 39-43-130, AS AMENDED, RELATING TO PILOT SAFETY VALVES ON HEATING APPLIANCES IN PUBLIC BUILDINGS, SO AS TO ADD REQUIREMENTS FOR THESE APPLIANCES IN RESIDENCES AND MANUFACTURED HOMES; TO AMEND SECTION 39-43-170, AS AMENDED, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE MINIMUM FINE FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS AND TO INCREASE THE MINIMUM IMPRISONMENT FROM SIXTY TO NINETY DAYS; TO AMEND SECTION 39-43-180, AS AMENDED, RELATING TO ADMINISTRATIVE PENALTIES FOR FAILURE TO COMPLY WITH AN ORDER, SO AS TO CLARIFY PROCEDURES FOR VIOLATIONS AND TO INCREASE THE PENALTY FROM TWO THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS; TO PROVIDE AN EXEMPTION TO STORAGE CAPACITY REQUIREMENTS UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 39-43-90 RELATING TO THE INSPECTION AND CERTIFICATION OF CARGO VESSELS AND SECTION 39-43-160 RELATING TO ADMINISTRATIVE PROCEDURES AND PENALTIES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11488AC.93), which was adopted.
Amend the bill, as and if amended, by deleting SECTION 8 and inserting:
/SECTION 8. Section 39-43-80 of the 1976 Code, as last amended by Act 661 of 1988, is further amended to read:
"Section 39-43-80. It is unlawful for a person, whether an employee of a licensed gas dealer or otherwise, to transport or deliver liquefied petroleum gas, or to install, service, repair, adjust, connect, or disconnect gas appliances to or from a liquefied petroleum gas system, unless he the person is certified by successfully passing an examination recognized by the South Carolina Liquefied Petroleum Gas Board and administered by the Division of State Fire Marshal as competent by a licensed gas dealer employing him. The certification by the dealer must be under oath on forms prescribed by the State Fire Marshal and must run concurrently with the dealer's license. The board may revoke the certification for cause. The provisions of this section do not apply to common laborers working under the direct and immediate supervision of a person certified under this section."/
Amend the bill further by deleting SECTION 13 and inserting:
/SECTION 13. Section 39-43-80 of the 1976 Code, as amended by Section 8 of this act, takes effect January 1, 1995./
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 549 -- Senator Reese: A BILL TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE OR PIPE, SO AS TO PROHIBIT THE PURCHASE OF ALL COPPER ALLOYS, COPPER WIRE, AND COPPER PIPE IN EXCESS OF TWENTY-FIVE POUNDS WITHOUT PROPER IDENTIFICATION, TO REQUIRE CERTAIN IDENTIFICATION, AND TO INCREASE THE PENALTIES IMPOSED.
Rep. MARTIN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4595AL.93), which was adopted.
Amend the bill, as and if amended, by striking Section 16-17-680, SECTION 1, and inserting:
/Section 16-17-680. (A) It shall be is unlawful to purchase copper wire, or copper pipe, copper bars, or copper sheeting in excess of ten pounds from any a person that who is not a holder of a retail license or an authorized wholesaler or unless the purchaser obtains and can verify the name and address of the seller. Every A purchaser of copper wire, or copper pipe, copper bars, or copper sheeting shall maintain a record containing the date of purchase, name and address of seller, weight or length, and size or other description of copper wire, or copper pipe, copper bars, or copper sheeting purchased and amount paid therefor for it. Such records shall Records must be maintained and kept open for inspection during regular business hours by duly authorized law enforcement officials or local and state governmental agencies during regular business hours. The records must be maintained for a period of twelve months from the date of each purchase.
(B) It shall be is unlawful for any a person to transport or have in his possession on highways of this State, in any a vehicle other than a vehicle used in the ordinary course of business for the purpose of transporting such copper wire, or copper pipe, copper bars, or copper sheeting, an amount of copper wire, or copper pipe, copper bars, or copper sheeting of an aggregate weight of more than twenty-five pounds, unless such the person shall have has in his possession:
(1) a bill of sale pertaining to such copper wire or copper pipe signed by:
(a) a holder of a retail license for a business engaged in the sale of copper wire, or copper pipe, copper bars, or copper sheeting; or
(b) an authorized wholesaler engaged in the sale of copper wire, or copper pipe, copper bars, or copper sheeting; or
(c) a registered dealer in scrap metals; or
(2) in the event the person from whom the copper wire or copper pipe was purchased was other than one of the above enumerated persons or firms, a certificate of origin signed by the sheriff, or his designated representative, of the county in which the purchase was made.
Such The bill of sale or certificate of origin shall clearly must identify the material to which it applies and show thereon the name and address of the seller, license plate of the vehicle in which such the material is delivered to the purchaser, identified by license number, year, and state of issue, the name and address of the purchaser, the date of sale, and the type and amount of copper wire, or copper pipe, copper bars, or copper sheeting purchased.
(C) Any A person violating who violates the provisions of this section shall be deemed is guilty of a:
(1) misdemeanor and, upon conviction, shall must be fined not more than two hundred dollars or imprisoned not more than thirty days for a first offense. This offense is triable in magistrate's court;
(2) misdemeanor and, upon conviction, must be fined not more than five hundred dollars or be imprisoned for not more than one year, or both, for a second offense;
(3) misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than three years, or both, for a third or subsequent offense. For an offense to be considered a third or subsequent offense, only those offenses which occurred within a period of ten years, including and immediately preceding the date of the last offense shall constitute a prior offense within the meaning of this section.
(D) For purposes of this section, the only identification acceptable is:
(1) a valid South Carolina driver's license;
(2) a South Carolina identification card issued by the Department of Highways and Public Transportation;
(3) a valid driver's license from another state that contains the licensee's picture on the face of the license; or
(4) a valid military identification card."
Renumber sections to conform.
Amend totals and title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 228 -- Senators McGill, Macaulay, O'Dell, Russell, Patterson, Ford, Reese, Saleeby, Martin, Wilson, Leventis, Passailaigue, Greg Smith, McConnell, Moore, Peeler, Rankin, Rose, Courtney, Lander, Richter, Mitchell, Elliott, Matthews, Washington, Thomas, Glover, Gregory, Stilwell, Cork, Ryberg, Land, Waldrep, Courson, Hayes, Bryan, Jackson, Setzler, Mescher, Short and Giese: A BILL TO AMEND SECTION 4-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GENERAL ASSEMBLY PROVIDE THE NECESSARY FUNDS TO ADMINISTER A LAW, RULE, OR REGULATION WHICH IT MANDATES A COUNTY TO IMPLEMENT, SO AS TO SUSPEND STATE MANDATES TO COUNTIES UNLESS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY AND TO SUSPEND THE GRANTING OR INCREASING OF EXEMPTIONS FROM COUNTY PROPERTY TAXATION UNLESS ANY LOSS OF PROPERTY TAX REVENUE RESULTING FROM THE EXEMPTION IS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY.
Rep. McTEER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30170DW.93).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 4-9-55. (A) No county may be bound by any general law requiring it to spend funds or to take an action requiring the expenditure of funds unless the General Assembly has determined that the law fulfills a state interest and the law requiring the expenditure is approved by two-thirds of the members voting in each house of the General Assembly provided a simple majority of the members voting in each house is required if one of the following applies:
(1) funds have been appropriated that have been estimated by the State Budget Division at the time of enactment to be sufficient to fund the expenditures;
(2) the General Assembly authorizes or has authorized a county to enact a funding source not available for the county on July 1, 1993, that can be used to generate the amount of funds estimated to be sufficient to fund the expenditure by a simple majority vote of the governing body of the county;
(3) the expenditure is required to comply with a law that applies to all persons similarly situated, including the state and local governments;
(4) the law is either required to comply with a federal requirement or required for eligibility for a federal entitlement.
(B) Except upon approval of each house of the General Assembly by two-thirds of the members voting in each house of the General Assembly may not enact, amend, or repeal any general law if the anticipated effect of doing so would be to reduce the authority that counties have to raise revenues in the aggregate, as the authority exists on July 1, 1993.
(C) The provisions of this section do not apply to:
(1) laws enacted to require funding of pension benefits existing on the effective date of this section;
(2) laws relating to the Judicial Department;
(3) criminal laws;
(4) election laws;
(5) the general appropriations act;
(6) the Department of Education;
(7) special appropriations acts;
(8) laws reauthorizing but not expanding then-existing statutory authority;
(9) laws having a fiscal impact of less than ten cents per capita on a statewide basis, laws creating, modifying, or repealing noncriminal infractions.
(D) The duties, requirements, and obligations imposed by general laws in effect on July 1, 1993, are not suspended by the provisions of this section."
SECTION 2. The 1976 Code is amended by adding:
"Section 5-7-310. The provisions of Section 4-9-55 apply to general laws enacted by the General Assembly which affect municipalities."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. McTEER explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1.
Rep. CROMER withdrew his objection to the following Bill.
H. 4243 -- Reps. Carnell and McAbee: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN GREENWOOD COUNTY UNTIL JULY 1, 1994.
Reps. J. BAILEY and CARNELL withdrew their objections to the following Bill.
S. 707 -- Senators Leatherman, Land, Macaulay, Thomas, Leventis, Gregory and Short: A BILL TO AMEND SECTION 39-5-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MERCHANDISING UNFAIR TRADE PRACTICES AND EXEMPTIONS, AND SECTION 39-3-150, RELATING TO THE PROVISION OF LAW THAT SALES AT LESS THAN COST FOR THE PURPOSE OF INJURING COMPETITORS IS A CONSPIRACY TO FORM A MONOPOLY, SO AS TO PROVIDE THAT ANY WHOLESALE OR RETAIL SALE OF MOTOR FUEL AT A LEVEL BELOW THE ACTUAL COST OF ACQUIRING THE PRODUCT, WHICH IS PERMITTED TO MEET COMPETITION, SHALL REQUIRE CERTAIN DOCUMENTATION OF THE COMPETITION'S PRICING; TO FURTHER AMEND SECTION 39-3-150 SO AS TO PROVIDE THAT EXCEPT TO MEET COMPETITION, NO PERSON MAY SELL ANY GRADE OF MOTOR FUEL AT A RETAIL OUTLET AT A PRICE THAT IS BELOW THE COST OF ACQUIRING THE PRODUCT PLUS TAXES AND TRANSPORTATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-41-255 SO AS TO REQUIRE EVERY SERVICE STATION TO POST IN A CONSPICUOUS PLACE THE SELF-SERVICE PUMP PRICE FOR EACH TYPE OF GASOLINE IT HAS AVAILABLE AND PROVIDE FOR RELATED MATTERS.
On motion of Rep. WALDROP, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.
S. 507 -- Senators Giese, Martin, Passailaigue, Washington, Rose, Ryberg, Wilson and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-185 SO AS TO REQUIRE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES TO COLLECT, ANALYZE, AND MAKE AVAILABLE CERTAIN NONIDENTIFYING HEALTH CARE INFORMATION.
Rule 5.12 was waived by a division vote of 14 to 0.
Rep. HARRISON asked unanimous consent to recall S. 589 from the Committee on Labor, Commerce and Industry.
Rep. RUDNICK objected.
On motion of Rep. RHOAD, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 648 -- Senator Saleeby: A BILL TO AMEND ARTICLE 3, CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-345 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH TEMPORARY CERTIFICATES OF NUMBER MAY BE ISSUED FOR WATERCRAFT; TO AMEND CHAPTER 23, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-23-65 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A MARINE DEALER PERMIT IS INVALID; TO AMEND SECTION 50-21-10, RELATING TO DEFINITIONS PERTAINING TO EQUIPMENT AND THE OPERATION OF WATERCRAFT, SO AS TO PROVIDE ADDITIONAL DEFINITIONS; TO AMEND SECTION 50-21-150, RELATING TO PENALTIES PERTAINING TO THE OPERATION OF WATERCRAFT, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 50-21-320, RELATING TO THE NUMBERING OF VESSELS, SO AS TO REVISE THE EXEMPTION FOR WATERCRAFT WITH A TEMPORARY CERTIFICATE OF NUMBER; TO AMEND SECTION 50-21-370, RELATING TO THE TERM AND RENEWAL OF CERTIFICATES OF NUMBER, SO AS TO PROVIDE FOR THE ISSUANCE OF A CERTIFICATE OF NUMBER FOR DEMONSTRATION AND TESTING PURPOSES AND TO PERSONS REPAIRING WATERCRAFT OR OUTBOARD MOTORS AND PROVIDE A PENALTY FOR LATE RENEWAL; TO AMEND SECTION 50-21-380, RELATING TO THE TRANSFER OF REGISTRATION OF WATERCRAFT, SO AS TO REVISE THE MONETARY AND TIME REQUIREMENTS FOR TRANSFER AND PROVIDE FOR USE OF A TEMPORARY CERTIFICATE OF NUMBER; TO AMEND SECTION 50-21-390, RELATING TO THE TRANSFER, DESTRUCTION, ABANDONMENT, OR DOCUMENTATION OF A VESSEL, SO AS TO DELETE THE REFERENCES TO DESTRUCTION, ABANDONMENT, AND SECURITY INTEREST, CHANGE REFERENCES FROM DIVISION TO DEPARTMENT, AND REQUIRE NOTIFICATION IF A WATERCRAFT IS ABANDONED, JUNKED, DESTROYED, OR USED IN ANOTHER WATERCRAFT; TO AMEND SECTION 50-23-10, RELATING TO DEFINITIONS PERTAINING TO THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE THE DEFINITION OF "DEALER'S PERMIT" AND PROVIDE ADDITIONAL DEFINITIONS; TO AMEND SECTION 50-23-60, RELATING TO APPLICATIONS FOR CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE REQUIREMENTS FOR TITLING, CHANGE REFERENCES FROM DIVISION TO DEPARTMENT, AND PROVIDE EXCEPTIONS FOR PERMITTED MARINE DEALERS; TO AMEND SECTION 50-23-170, RELATING TO WATERCRAFT AND OUTBOARD MOTOR SERIAL NUMBERS, SO AS TO PROVIDE REQUIREMENTS FOR HULL IDENTIFICATION OR SERIAL NUMBERS AND PROVIDE FOR AUTHORIZATION BY THE COMMANDANT OF THE UNITED STATES COAST GUARD; TO AMEND SECTION 50-23-190, RELATING TO UNLAWFUL ACTS PERTAINING TO WATERCRAFT, SO AS TO INCLUDE IN CERTAIN PROHIBITIONS POSSESSION AS WELL AS OPERATION OF WATERCRAFT ON THE WATERS OF THIS STATE; TO AMEND SECTION 50-23-200, RELATING TO UNLAWFUL ACTS PERTAINING TO CERTIFICATES OF TITLE AND SERIAL NUMBERS FOR WATERCRAFT, SO AS TO DELETE THE PROHIBITION ON THE USE OF FALSE INFORMATION IN A CERTIFICATE OR BILL OF SALE AND PROVIDE REQUIREMENTS FOR HULL IDENTIFICATION NUMBERS; TO AMEND SECTION 50-23-205, RELATING TO SEIZURE AND DISPOSAL OF WATERCRAFT, SO AS TO PROVIDE NOTIFICATION REQUIREMENTS UPON SEIZURE WHEN THE OWNER IS DETERMINED AND PROVIDE FOR FORFEITURE; TO AMEND SECTION 50-23-270, RELATING TO THE REQUIREMENTS APPLICABLE TO VESSELS AND OUTBOARD MOTORS, SO AS TO REVISE THE PROHIBITION ON MAKING FALSE STATEMENTS ON DOCUMENTS SUBMITTED TO THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AND REVISE PENALTIES; AND TO AMEND SECTION 50-23-280, RELATING TO PENALTIES PERTAINING TO WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROVIDE PENALTIES FOR DEALERS AND PERSONS WHO SUBMIT FRAUDULENT CHECKS TO THE DEPARTMENT.
On motion of Rep. RUDNICK, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
S. 794 -- Senators Moore, Ryberg and Setzler: A BILL TO AMEND ACT 268 OF 1989, RELATING TO THE TAX MILLAGE AUTHORIZED TO BE LEVIED FOR THE OPERATION OF THE SCHOOL DISTRICT OF AIKEN COUNTY, SO AS TO INCREASE THE AUTHORIZED MILLAGE.
Rule 5.12 was not waived by a division vote of 14 to 10.
Rep. HODGES, with unanimous consent, recalled the Ethics Commission appointment nominations from the Judiciary Committee.
On motion of Rep. JENNINGS, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.
S. 589 -- Senator Courson: A BILL TO AMEND SECTION 29-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS ON REAL ESTATE SO AS TO PROVIDE THAT ANY LIEN ON REAL PROPERTY HELD BY A GAS OR ELECTRICAL UTILITY SHALL CONTINUE UNTIL SATISFIED OR RELEASED INSTEAD OF LAPSING TWENTY YEARS AFTER THE MATURITY DATE OF THE LIEN; TO AMEND SECTION 29-3-50, RELATING TO MORTGAGES FOR FUTURE ADVANCES, SO AS TO FURTHER PROVIDE FOR ITS APPLICABILITY TO INDEBTEDNESS OF A GAS OR ELECTRICAL UTILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 29-3-80 SO AS TO PROVIDE THAT A MORTGAGE COVERS AFTER-ACQUIRED PROPERTY OF A GAS OR ELECTRICAL UTILITY, AND BY ADDING SECTION 29-3-90 SO AS TO ALLOW GENERAL AS OPPOSED TO SPECIFIC DESCRIPTIONS OF REAL PROPERTY IN MORTGAGES GIVEN BY A GAS OR ELECTRICAL UTILITY COMPANY.
Rule 5.12 was waived by a division vote of 29 to 0.
Rep. HODGES moved to adjourn debate upon the Senate amendments to the following Bill until Thursday, June 3, which was adopted.
H. 3135 -- Reps. Corning, Quinn, Hallman, Cato, Jaskwhich, Shissias, Harrison, Harrell, Waites, Littlejohn, A. Young, Vaughn, Haskins, J. Bailey, Walker, Simrill, Robinson, D. Wilder, J. Wilder, G. Brown, Graham, Kirsh, Davenport, Stone, Meacham and Wells: A BILL TO AMEND ACT 610 OF 1990, RELATING TO THE JUDICIARY, SO AS TO EXTEND THE LIMIT ON DIRECT SOLICITING OF MEMBERS OF THE GENERAL ASSEMBLY FOR VOTES FOR JUDICIAL CANDIDATES BEFORE THE QUALIFICATIONS OF ALL CANDIDATES FOR THE OFFICE ARE DETERMINED BY THE JUDICIAL SCREENING COMMITTEE TO INDIRECT SOLICITATION, TO DEFINE INDIRECT SOLICITATION AND PROVIDE EXCEPTIONS TO REQUIRE THE COMMITTEE TO CONSIDER VIOLATIONS OF THIS SECTION WHEN CONSIDERING A CANDIDATE'S QUALIFICATIONS; AND TO DESIGNATE SECTION 6, PART IV, ACT 610 OF 1990 AS SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976.
Rep. FELDER moved that the House recur to the morning hour.
Rep. J. BAILEY moved to table the motion, which was not agreed to by a division vote of 20 to 34.
The question then recurred to the motion to recur to the morning hour, which was agreed to.
The Senate sent to the House the following:
S. 807 -- Senator Washington: A CONCURRENT RESOLUTION EXTENDING BEST WISHES TO MR. RICHARD BROWN OF CHARLESTON COUNTY UPON HIS RETIREMENT FROM THE CHARLESTON COUNTY SCHOOL DISTRICT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 808 -- Senator Washington: A CONCURRENT RESOLUTION EXTENDING BEST WISHES TO MRS. ANNIE L. BROWN OF CHARLESTON COUNTY UPON HER RETIREMENT FROM EDUCATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 809 -- Senator Washington: A CONCURRENT RESOLUTION EXTENDING BEST WISHES TO MR. LUTHER COLLINS OF CHARLESTON COUNTY UPON HIS RETIREMENT FROM EDUCATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 810 -- Senator Washington: A CONCURRENT RESOLUTION EXTENDING BEST WISHES TO MRS. LOUISE GLOVER HOLLINGTON OF CHARLESTON COUNTY UPON HER RETIREMENT FROM EDUCATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 811 -- Senator Washington: A CONCURRENT RESOLUTION EXTENDING BEST WISHES TO MRS. AMANDA BINES OF CHARLESTON COUNTY UPON HER RETIREMENT FROM EDUCATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 812 -- Senator Washington: A CONCURRENT RESOLUTION EXTENDING BEST WISHES TO LEVOLA W. WHALEY OF CHARLESTON COUNTY UPON HER RETIREMENT AS AN EDUCATOR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4264 -- Reps. Robinson, Marchbanks and Trotter: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN PICKENS COUNTY UNTIL JULY 1, 1994.
Rep. ROBINSON asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. WAITES objected.
Referred to Pickens Delegation.
The following Bill was taken up.
H. 4243 -- Reps. Carnell and McAbee: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN GREENWOOD COUNTY UNTIL JULY 1, 1994.
Rep. KEYSERLING objected to the Bill.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
S. 228 -- Senators McGill, Macaulay, O'Dell, Russell, Patterson, Ford, Reese, Saleeby, Martin, Wilson, Leventis, Passailaigue, Greg Smith, McConnell, Moore, Peeler, Rankin, Rose, Courtney, Lander, Richter, Mitchell, Elliott, Matthews, Washington, Thomas, Glover, Gregory, Stilwell, Cork, Ryberg, Land, Waldrep, Courson, Hayes, Bryan, Jackson, Setzler, Mescher, Short and Giese: A BILL TO AMEND SECTION 4-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GENERAL ASSEMBLY PROVIDE THE NECESSARY FUNDS TO ADMINISTER A LAW, RULE, OR REGULATION WHICH IT MANDATES A COUNTY TO IMPLEMENT, SO AS TO SUSPEND STATE MANDATES TO COUNTIES UNLESS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY AND TO SUSPEND THE GRANTING OR INCREASING OF EXEMPTIONS FROM COUNTY PROPERTY TAXATION UNLESS ANY LOSS OF PROPERTY TAX REVENUE RESULTING FROM THE EXEMPTION IS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY.
Debate was resumed on Amendment No. 1 by Rep. McTEER.
The amendment was then adopted by a division vote of 73 to 0.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 644 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 20-7-2205, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY, INDETERMINATE COMMITMENT FOR EVALUATION FOR NONCRIMINAL MISCONDUCT, SO AS TO DELETE THE PROVISION THAT AUTHORIZED COMMITMENT FOR AN INDETERMINATE PERIOD NOT TO EXCEED FORTY-FIVE DAYS FOR THE PURPOSE OF EVALUATION.
Rep. MARTIN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4710AL.93), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. This act takes effect September 1, 1993./
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 368 -- Senator Drummond: A BILL TO AMEND SECTION 12-37-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT TO COUNTIES AND MUNICIPALITIES FOR REVENUE LOST FROM THE BUSINESS INVENTORY PROPERTY TAX EXEMPTION, SO AS TO PROVIDE THAT REIMBURSEMENT AMOUNTS TO A POLITICAL SUBDIVISION WITHIN A COUNTY ATTRIBUTABLE TO A SEPARATE MILLAGE FOR DEBT SERVICE MUST BE REDISTRIBUTED PROPORTIONATELY TO OTHER 1987 TAX YEAR MILLAGES LEVIED BY THE POLITICAL SUBDIVISION WHEN THE DEBT IS REPAID.
H. 4246 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO THE VENDING FACILITY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1643, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 3387 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO PROVIDE FOR PUBLIC SCHOOL STUDENTS TO BE EXCUSED FROM CLASS TO ATTEND OFF-CAMPUS RELIGIOUS INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, AND TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 25, by the Committee on Education and Public Works.
Rep. FAIR explained the amendment.
Reps. J. BAILEY, HOLT, SCOTT, McLEOD, FAIR, SIMRILL, MEACHAM, CATO, COOPER, ROBINSON, KLAUBER, WILLIAMS, INABINETT, BREELAND, WHITE, KELLEY, WRIGHT and RISER objected to the Bill.
The following was received.
Columbia, S.C., June 1, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 329:
S. 329 -- Senators Setzler, Bryan, Moore, Washington, Matthews, Stilwell, Patterson, Land, Lander, Rankin, Martin, Giese and Short: A BILL TO ENACT THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT OF 1993 BY AMENDING TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 139 SO AS TO PROVIDE FOR CERTAIN EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE; BY AMENDING SECTION 59-1-450, RELATING TO PARENT EDUCATION PROGRAMS, SO AS TO REVISE THE PROGRAMS AND THE MANNER IN WHICH THEY ARE ESTABLISHED AND FUNDED; TO AMEND SECTION 59-5-65, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THESE POWERS AND RESPONSIBILITIES IN REGARD TO DEVELOPING CERTAIN ONE-HALF DAY EARLY CHILDHOOD DEVELOPMENT PROGRAMS FOR FOUR-YEAR-OLD CHILDREN, AND DELETE CERTAIN REQUIREMENTS PERTAINING TO COMPENSATORY AND REMEDIAL INSTRUCTION PROGRAMS; BY AMENDING SECTION 59-20-40, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS, SO AS TO REVISE THE WEIGHTINGS USED FOR EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE, AND DELETE CERTAIN FUNDING REQUIREMENTS FOR COMPENSATORY AND REMEDIAL PROGRAMS; BY AMENDING SECTION 59-3-90, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO INCLUDE REFERENCES TO EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE TRAINING; BY AMENDING SECTION 59-19-340, RELATING TO CHILD DEVELOPMENT PROGRAMS FOR THREE AND FOUR-YEAR-OLD CHILDREN, SO AS TO FURTHER PROVIDE FOR THESE PROGRAMS; AND REPEALING SECTIONS 59-65-410 THROUGH 59-65-460, RELATING TO DROP-OUT PREVENTION AND RECOVERY PROGRAMS.
Very respectfully,
President
No. 159
Received as information.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 329 -- Senators Setzler, Bryan, Moore, Washington, Matthews, Stilwell, Patterson, Land, Lander, Rankin, Martin, Giese and Short: A BILL TO ENACT THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT OF 1993 BY AMENDING TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 139 SO AS TO PROVIDE FOR CERTAIN EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE; BY AMENDING SECTION 59-1-450, RELATING TO PARENT EDUCATION PROGRAMS, SO AS TO REVISE THE PROGRAMS AND THE MANNER IN WHICH THEY ARE ESTABLISHED AND FUNDED; TO AMEND SECTION 59-5-65, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THESE POWERS AND RESPONSIBILITIES IN REGARD TO DEVELOPING CERTAIN ONE-HALF DAY EARLY CHILDHOOD DEVELOPMENT PROGRAMS FOR FOUR-YEAR-OLD CHILDREN, AND DELETE CERTAIN REQUIREMENTS PERTAINING TO COMPENSATORY AND REMEDIAL INSTRUCTION PROGRAMS; BY AMENDING SECTION 59-20-40, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS, SO AS TO REVISE THE WEIGHTINGS USED FOR EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE, AND DELETE CERTAIN FUNDING REQUIREMENTS FOR COMPENSATORY AND REMEDIAL PROGRAMS; BY AMENDING SECTION 59-3-90, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO INCLUDE REFERENCES TO EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE TRAINING; BY AMENDING SECTION 59-19-340, RELATING TO CHILD DEVELOPMENT PROGRAMS FOR THREE AND FOUR-YEAR-OLD CHILDREN, SO AS TO FURTHER PROVIDE FOR THESE PROGRAMS; AND REPEALING SECTIONS 59-65-410 THROUGH 59-65-460, RELATING TO DROP-OUT PREVENTION AND RECOVERY PROGRAMS.
Beg leave to report that they have duly and carefully considered the same and recommend:
that the bill do pass amended as follows:
Strike all after the enacting words and insert:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/ SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-139-05. (A) This act is known and may be cited as the Early Childhood Development and Academic Assistance Act of 1993.
(B) It is the purpose of the General Assembly in this act:
(1) to place an emphasis on early childhood education and prevention while promoting assistance for students at every grade level which is more flexible and tailored to individual needs and learning styles;
(2) to focus the state's resources on academic success and prevention of academic problems;
(3) to establish the expectation that by providing extra assistance and learning time that enables young students to attain essential skills and success all children will be prepared for the fourth grade and all students will graduate from high school with their peers;
(4) to promote the advancement of developmentally appropriate curriculum and coordinated programs from preschool through grade three which are supportive of the curriculum for grades four through twelve; and
(5) to allow districts and schools greater flexibility in providing targeted, coordinated programs of student assistance.
Section 59-139-10. (A) The State Board of Education, through the Department of Education and in consultation with the Select Committee, shall develop and implement regulations requiring that beginning in school year 1993-94 and by school year 1994-95, each school district, in coordination with its schools, and each school in the district shall design a comprehensive, long-range plan with annual updates to carry out the purposes of this chapter. To that end, the plans shall:
(1) establish an early childhood initiative which integrates the planning and direction of the half-day program for four-year-olds established in Section 59-19-65, the parenting program established in Section 59-1-450, the early childhood assistance established in Section 59-139-20, school practices in kindergarten through grade three, and any other federal, state, or district programs for preschool children in the district in order to better focus on the needs of this student population;
(2) develop an academic assistance initiative to support students with academic difficulties in grades four through twelve so they are able to progress academically and move through school with their peers; and
(3) provide staff training, upon appropriation of funds by the General Assembly for this purpose, to prepare and train teachers and administrators in the teaching techniques and strategies needed to implement the district and school plan.
(B) The State Board of Education, through the Department of Education, shall establish criteria by regulation for the comprehensive plan and the annual updates to be prepared by each district and school so that the plans address, but are not limited to, the interrelationship of the various components of the early child development initiative and the academic assistance initiative, strategies to be implemented for expanding and improving early child development activities, plans for accelerating the performance of students performing below their peers, methods of assessing the efficacy of these strategies, and the coordination of the strategies with federally funded programs. However, in every instance, district and school plans should be derived from strategies found to be effective in education research.
The plans must contain performance goals, interim performance goals, and time lines for progress. The methods of assessing the efficacy of the strategies must provide data regarding the impact of the strategies and whether they should be continued, modified, or terminated.
(C) The design for the early child development initiative must include:
(1) the formation and implementation of the parenting/family literacy component which addresses, but is not limited to, collaboration in each district with health and human service agencies, and adult education programs, as well as the other components of the early child development initiative;
(2) the development and implementation of a developmentally appropriate curriculum from early childhood education through grade three. Options available to districts and schools in designing the early childhood assistance component include: (a) expanded kindergarten day; (b) reduction in kindergarten pupil-teacher ratio; (c) floating teachers in grades one through three assigned to work with students with academic difficulties; (d) multiage grouping for four and five-year-olds; (e) multiage grouping in the primary grades; (f) extended day and/or weekend programs, or summer programs; (g) additional slots in the half-day program for four-year-olds, and programs for three-year-olds; and (h) alternatives to the listed options; and
(3) the establishment of activities for assisting children and their parents with the transitions between the various levels of schooling and phases of education.
(D) The design for the academic assistance component must address alternatives to year-long and pull-out remediation of students. Options available to districts and schools include: (a) extended day and/or weekend programs; (b) extended school year; (c) tutorial programs; (d) floating teachers assigned to work with students with academic difficulties; (e) tutorials; (f) class acceleration; and (g) alternatives to the listed options. Districts and schools may choose to target resources in certain grade levels or areas of learning but must have academic assistance plans both for preschool through grade three and for grades four through twelve.
(F) If alternatives to the listed options are chosen, it should be based on the needs assessment performed as a part of the district and school improvement plans and on strategies found to be effective in research.
(G) The school improvement council established in Section 59-20-60 shall assist in the development of the school plan required by this section and the plan and the annual updates must be a part of the school improvement report.
(H) Prior to implementation in 1994-95, the plan must be submitted to the State Department of Education to be subjected to a peer review process. The department shall implement a process whereby groups of peers are selected and provided appropriate reviewer training. Teams of peers must be convened for the purpose of reviewing the plans.
The peer review committee may approve, provisionally approve upon revisions of the plan in accordance with recommendations, or disapprove the plans. If the peer review committee disapproves the plan, the committee, in consultation with the State Department of Education staff, shall return the plan with specific recommendations and identify resources for technical assistance. Schools under deregulated status are exempt from the peer review process.
(I) Districts desiring to use the funds available to begin implementing an early childhood initiative and the academic assistance initiative for school year 1993-94 may request approval from the State Board of Education and for needed waivers from regulation, if the district has implemented a planning process consistent with the intent of this chapter and the district plan meets the criteria established for this section.
Section 59-139-20. Beginning in fiscal year 1994-95 in the annual general appropriations act, the General Assembly shall determine an appropriation level for the academic assistance initiative. The State Board of Education through the Department of Education shall promulgate regulations to implement a system to provide a pro rata matching of the weighted pupil units pursuant to Section 59-20-40 to the pupils in the districts of the State as follows:
(1) early childhood assistance for students in kindergarten through grade three who are eligible for the federal free- and reduced-price lunch program at a weight of .26;
(2) grade four through twelve academic assistance for students in these grades who score below minimum basic skills act standards in reading, mathematics, or writing, or their equivalent, at a weight of .114.
Funds generated by kindergarten through grade three students must be used by the districts and schools to provide to any student in these grades needed academic assistance. The assistance may be for short, intensive periods or for longer, on-going assistance as needed by each student. Based upon the district and school plans provided for in Section 59-139-10, a portion of these funds may be used to support other components of the early child development initiative in order to better prepare children for entering school. Further, districts may request a waiver from the State Board of Education to use a portion of the funds generated by students in kindergarten through grade three for students in grades four through twelve, if such a change promotes better coordination of state and federal funds provided for programs for these children.
Funds generated by students in grades four through twelve must be used to provide any student with needed academic assistance with an emphasis on assistance at the time of need and on accelerating the progress of students performing below their peers. The assistance may be for short, intensive periods or for longer, on-going assistance as needed by the student. Enhanced opportunities for learning must be emphasized. In reviewing the districts' plans, provided for in Section 59-139-10, the State Board of Education shall stress district and school flexibility in addressing student needs.
Section 59-139-30. For fiscal year 1993-94, funds must be allocated to districts on the same percentage as they received funds for the Compensatory and Remedial Programs for 1992-93. By January 1, 1995, the Joint Legislative Committee to Study Formula Funding in Education Programs shall review and approve the allocation formula.
Section 59-139-40. By December, 1993, the State Board of Education, through the Department of Education and in consultation with the Select Committee, shall develop criteria for the monitoring of the district and school plans and the implementation of the plans required in this chapter.
Section 59-139-50. By September, 1993, the Department of Education, in consultation with the State Board of Education and the Select Committee, shall develop a written plan outlining the process for providing technical assistance to districts in designing their overall plans and implementing those plans, including compiling and disseminating research on effective practice and contracting with recognized groups for providing expertise to the districts and schools in the areas addressed by this chapter.
Section 59-139-60. The State Board of Education, through the State Department of Education and in consultation with the Select Committee, shall establish an assessment system to evaluate the degree to which the purposes of this chapter are met. To that end, the State Board of Education, through the Department of Education shall:
(1) develop or adapt a developmentally appropriate assessment program to be administered to all public school students by the end of grade three that is designed to measure a student's strengths and weaknesses in skills required to perform academic work considered to be at the fourth grade level. Information on each student's progress and on areas in need of improvement must be provided to the student's parent and fourth grade teacher. Aggregated information on student progress must be given to the students' kindergarten through third grade schools so that deficiencies in the schools' academic programs can be addressed;
(2) review the performance of students on the eighth grade basic skills assessment test and performance on the exit examination pursuant to Section 59-30-10, or their equivalent, for progress in meeting the skill levels required by these examinations. Student data must be aggregated by the schools the students attended so that programs' deficiencies can be addressed;
(3) review the data on students overage for grade in each school at grades four and nine;
(4) monitor the performance of schools and districts so that continuing weaknesses in the programs preparing students for the fourth grade, ninth grade, and exit examination shall receive special assistance from the Department of Education; and
(5) propose other methods or measures for assessing how well the purposes of this chapter are met.
Section 59-139-70. The half-day program for four-year-old children established in Section 59-19-340, must be maintained at no less than the 1993-94 level in each school district as funded by the General Assembly.
Section 59-139-80. If a review of a district's comprehensive plan indicates the goals and time lines established by the district are not being met, the Department of Education, after consultation with the district's administration, shall provide targeted technical assistance. If after two consecutive years, the district is not making progress toward achieving its goals, the State Board of Education, through the State Department of Education, shall enter into a partnership with the district board of trustees to review implementation of the district's comprehensive plan, make recommendations for improvement, and provide assistance in implementing the recommendations.
SECTION 2. Section 59-1-450 of the 1976 Code is amended to read:
"Section 59-1-450. Upon the appropriation of funds by the General Assembly for this purpose, the State Department of Education is directed to review programs which are effective in providing The State Board of Education, through the Department of Education and in consultation with the Select Committee, shall promulgate regulations for establishing parenting/family literacy programs to support parents support in their role as the principal teachers of their preschool children. The purpose of the review is for the State Board of Education to select or adapt a program or programs, after consultation with the Select Committee, for pilot testing in South Carolina during 1989-90 and 1990-91. The selected or adapted The programs must provide parent education to parents and guardians who have children ages birth through five years and who choose to participate in the programs and must include intensive and special efforts to recruit parents or guardians whose children are at risk for school failure. The program or programs also should include developmental screening for children and offer parents of children from birth through five years opportunities to improve their education if the parents do not possess a high school diploma or equivalent certificate.
After pilot testing, the The State Board of Education, through the Department of Education and after consultation with the Select Committee, shall promulgate regulations to implement parent education parenting/family literacy programs in all school districts or consortia of school districts. Implementation of the programs in the districts must be phased in over three years. Priority must be given to serving those parents whose children are considered at-risk for school failure according to criteria established by the State Board of Education. From funds appropriated for the programs, an adequate number of those parenting programs funded under the Target 2000 Act shall receive priority in funding for fiscal years 1993-94 and 1994-95 and must be funded at no less than the level received in fiscal year 1992-93 contingent upon their agreeing to provide technical assistance to other districts and schools planning and implementing parenting/family literacy programs in concert with the Department of Education's technical assistance process required in this chapter. Only those projects whose evaluations show them to be most effective may be selected based on criteria developed by the State Department of Education in consultation with the Select Committee.
Beginning in fiscal year 1995-96 for districts with Target 2000 Act parenting programs and in fiscal year 1993-94 for all other school districts and district consortia, funding must be allocated to districts and consortia serving more than two thousand pupils on a base amount of not less than forty thousand dollars with any additional appropriation to be distributed based on the number of free- and reduced-price lunch- eligible students in grades one through three in a district or consortium relative to the total free- and reduced-price lunch eligible students in grades one through three in the State. each school district must be allocated an amount determined by computing the percentage of all families with children ages birth through five years served statewide as compared with those families who are served by the school district and multiplying this percentage by the total statewide appropriation for the program. The programs developed in each district and consortium may draw upon lessons learned from parenting programs funded under this section.
An evaluation of the programs pilot-tested shall be provided by March 1, 1991, and of all implemented programs by December first annually thereafter to the Select Committee and Business-Education Subcommittee.
Regulations of the State Board of Education causing parent education programs to be implemented in the school districts must allow districts to develop or select an alternative program for implementation in the district, if the program meets criteria for initial approval by the board. The board's criteria for initial approval must include a requirement that school districts develop an evaluation component for the program which is acceptable to the board or its designee. To continue to use an alternative program, a school district must demonstrate the success of the program in accordance with the approved evaluation component. A school district using an alternative program must receive an allocation from the appropriation by the General Assembly for this program which is equal to the allocation the district would receive if the district used the program or programs selected or adapted by the board.
The State Board of Education, through the Department of Education, in developing the regulations for this program shall consult with representatives of the Department of Health and Environmental Control, Department of Social Services, the South Carolina State Library, and Health and Human Services Finance Commission, and with adult education and early childhood specialists. In developing the regulations, the State Board and State Department of Education shall consider the guidelines developed for the Target 2000 Act parenting programs and any available evaluation data.
By December, 1993, the chairman of the Human Services Coordinating Council shall convene a committee consisting of supervisors of programs dealing with early childhood and parenting from the Department of Education, Department of Health and Environmental Control, the Department of Social Services, the South Carolina State Library,and the Health and Human Services Finance Commission; at least one representative from each of these agencies who administer these programs at the county and district level; and adult education and early childhood specialists. The executive director of the Finance Commission shall chair this committee. By July 1, 1994, this committee shall report to the Select Committee and the Joint Committee on Children ways to better coordinate programs for parenting and literacy and recommend changes to each agency's state regulations or provisions of law which would better promote coordination of programs. The Department of Health and Environmental Control, the Department of Social Services, and the Health and Human Services Finance Commission shall direct their employees at the county and district levels to cooperate with school district officials in establishing parenting/family literacy programs."
SECTION 3. The 1976 Code is amended by adding:
"Section 59-1-454. (A) The State Department of Education shall develop a parental involvement program for use in elementary and secondary schools with grades four through eight. The purpose of the program is to improve parental participation in their child's school progress, ensure a smooth transition between the various levels of schooling and phases of education, increase communication between the school, parent, and child, provide greater accountability between the parent, school, and child, and lessen the possibility on all levels that parents are only provided opportunity to react to problems involving their child after such problems occur.
(B) The parental involvement program should include such activities as regular visitation by parents to their child's school, involving parents, teachers, and administrators in school training sessions on such issues as communication between the school, parent, and child, student discipline, importance of homework, the taking and understanding of standardized testing and test scores, and general literacy.
(C) Teachers shall maintain a record signed by the parent and teacher of parent conferences annually that identify the date, time, and response of parent/teacher conferences."
SECTION 4. Section 59-5-65(8) of the 1976 Code is amended to read:
"(8) Develop and implement regulations requiring all school districts to provide at least one-half day early childhood development programs for four-year-old children who have predicted significant readiness deficiencies and whose parents voluntarily allow participation. The regulations must require intensive and special efforts to recruit children whose participation is difficult to obtain. The school districts may contract with appropriate groups and agencies to provide part or all of the programs. These programs must be developed in consultation with the Interagency Coordinating Council on Early Childhood Development and Education. The Interagency Coordinating Council shall consult with the Advisory Committee for Early Childhood Education in developing proposals to submit for State Board of Education consideration. If a local advisory committee exists in a community to coordinate early childhood education and development, school districts shall consult with the committee in planning and developing services. The State Department of Education shall collect and analyze longitudinal data to determine the effects of child development programs on the later achievement of children by tracking four-year-old child development program participants through kindergarten and the first three years of elementary school to examine their performance on appropriate performance measures. the readiness test and the BSAP tests administered in grades 1, 2, and 3. The Governor shall initiate the development of a state plan on early childhood development and education to assist the state in providing appropriate services for preschool children. This plan must be completed by July 1, 1985.
School districts without an early childhood development program during the 1988-89 school year may obtain a waiver from the regulation requiring provision of a program. The waiver may be granted by the State Board of Education for one year, if a school district is unable to implement a program because of unavailability of classroom space and other facilities, including appropriate facilities which may be rented by the school district at a reasonable fee. School districts which are unable to implement a program because of a lack of district facilities may use a portion of the district's allocation under this program to rent appropriate space for one year. The portion of the district's allocation which may be used for rent must be determined by the State Board of Education in conjunction with the School Board of Trustees."
SECTION 5. Section 59-20-40(1)(c) of the 1976 Code is amended to read:
"(1)(c) Weightings, used to provide for relative cost differences, between programs for different students are established in order that funds may be equitably distributed on the basis of pupil needs. The criteria for qualifications for each special classification must be established by the State Board of Education according to definitions established in this article and in accordance with Sections 59-21-510, 59-35-10, 59-53-1860, and 59-53-1900. Cost factors enumerated in this section must be used to fund programs approved by the State Board of Education. Pupil data received by the Department of Education is subject to audit by the department. Cost factors or weightings are as follows:
Pupil Classification Weightings
(1) Kindergarten pupils 1.30
(2) Primary pupils (grades 1
through 3) 1.24
(3) Elementary pupils (grades
4 through 8) -- base
students 1.00
(4) High school pupils (grades 9
through 12) 1.25
Special Programs for Exceptional
Students Weightings
(5) Handicapped 1.74
a. Educable mentally
handicapped pupils
b. Learning disabilities pupils
(6) Handicapped 2.04
a. Trainable mentally
handicapped pupils
b. Emotionally handicapped pupils
c. Orthopedically handicapped pupils
(7) Handicapped 2.57
a. Visually handicapped pupils
b. Hearing handicapped pupils
(8) Speech handicapped
pupils 1.90
(9) Homebound pupils 2.10
Vocational Technical Programs Weightings
(10) Pre-vocational 1.20
(11) Vocational 1.29
Add-on Weights for Compensatory and Remediation
Early Childhood Development and
Academic Assistance Weightings
(12) Grades 1-6 Compensatory
Early Childhood Assistance 0.39 0.26
(13) Grades 2-6 Remediation
Grades 4-12 Academic Assistance 0.10 0.114
(14) Grades 7-12 Remediation 0.12
Adult Education
(15) (14) Adult education 0.15
Each student in the State must be counted in only one of the first eleven pupil classifications. Students shall generate funds for early childhood assistance and grades 4-12 academic assistance in accordance with Section 59-139-20. Students determined to need compensatory instruction and remediation must be counted additionally under the twelfth through fourteenth classification. If a student is determined not to meet minimum standards in reading, mathematics, or writing of the Basic Skills Assessment Act or is "not ready" for first grade, and qualifies under state department regulations, a pupil may be counted once for each area for the purposes of calculating the district's remedial weighted pupil units. The State Board of Education must determine the qualifications for each classification in accordance with Sections 59-21-510, 59-35-10, 59-53-1860, 59-53-1900, and Chapter 30 of this title. The program for each classification must meet specifications approved by the State Board of Education.
School districts may count each student who is instructed at home under the provisions of Section 59-65-40 in the district's weighted pupil units at a weighting of .25 for supervising, overseeing, or reviewing the student's program of home instruction. No local match is required for students instructed at home under the provisions of Section 59-65-40."
SECTION 6. Section 59-3-90 of the 1976 Code is amended to read:
"Section 59-3-90. During the 1984-85 school year t The State Department of Education shall develop or select provide recommendations and assist districts in conducting in-service training programs for teachers based on the findings and research it derives from the study of effective schools and classrooms and from district plans developed in accordance with Section 59-139-10. All of the school districts of this State must have implemented the in-service an on-going, long-range professional development training programs in support of effective schools and classrooms and as indicated by district plans no later than by the 1986-87 1994-95 school year."
SECTION 7. Section 59-19-340 of the 1976 Code is amended to read:
"Section 59-19-340. The board of trustees of each school district may establish and provide for the education of children who will attain the age of four on or before September November first of the applicable school year in child development programs. The board of trustees of school districts having may establish and provide programs serving three- and four-year-olds on the date of enactment of this section may continue to serve three-year-old four-year-old children."
SECTION 8. Section 59-20-60 of the 1976 Code is amended to read:
"Section 59-20-60.(1) School districts shall give first spending priority of funds allocated under this chapter to full implementation of the defined minimum program.
(2) The State Board of Education shall audit the programmatic and fiscal aspects of this chapter, including the degree to which a school meets all prescribed standards of the defined minimum program and shall report the results in the Annual Report of the State Superintendent of Education. Schools which have been classified as 'dropped' by the defined minimum program accreditation procedures shall are not be eligible for funding in the following fiscal year until an acceptable plan to eliminate the deficiencies is submitted and approved by the State Board of Education.
(3) Each school district board of trustees shall cause the district and each school in the district to prepare an annual written report develop comprehensive five-year plans with annual updates to be known as the school improvement report outline the District and School Improvement Plans. The reports shall focus on factors found by research to be effective in improving schools, these factors to be prescribed by regulation of the State Board of Education. The State Board of Education shall prescribe the format of the reports and the manner in which they must be developed and submitted. Districts which have not begun a strategic planning cycle must do so and develop a plan no later than the 1994-95 school year. Districts which have undertaken such a planning process may continue in their planning cycle as long as the process meets the intent of this section and the long-range plans developed or under development can be amended to encompass the requirements of this section. For school year 1993-94, districts may submit either the improvement plan consistent with State Department guidelines or their five-year comprehensive plan.
The State Board of Education shall recommend a format for the plans which will be flexible and adaptable to local planning needs while encompassing certain state mandates, including the early childhood and academic assistance initiative plans pursuant to Section 59-139-10. All district and school plans must be reviewed and approved by the board of trustees. The District Plan should integrate the needs, goals, objectives, strategies, and evaluation methods outlined in the School Plans. Measures of effectiveness must include outcome and process indicators of improvement and must provide data regarding what difference the strategies have made. Staff professional development must be a priority in the development and implementation of the plans and must be based on an assessment of needs. Long- and short- range goals, objectives, strategies, and timelines need to be included.
(4) Each plan shall provide for an Innovation Initiative, designed to encourage innovative and comprehensive approaches based on strategies identified in the research literature to be effective. The Innovation Initiative must be utilized by school districts to implement innovative approaches designed to improve student learning and accelerate the performance of all students. Funds may be expended on strategies in one or more of the following four categories:
(a) new approaches to what and how students learn by changing schooling in ways that provide a creative, flexible, and challenging education for all students, especially for those at risk. Performance-based outcomes which support a pedagogy of thinking and active approaches for learning must be supported;
(b) applying different teaching methods permitting professional educators at every level to focus on educational success for all students and on critical thinking skills and providing the necessary support for educational successes are encouraged;
(c) redefining how schools operate resulting in the decentralization of authority to the school site and allowing those closest to the students the flexibility to design the most appropriate education location and practice;
(d) creating appropriate relationships between schools and other social service agencies by improving relationships between the school and community agencies (health, social, mental health), parents and the business community, and by establishing procedures that cooperatively focus the resources of the greater community upon barriers to success in school, particularly in the areas of early childhood and parenting programs, after-school programs, and adolescent services.
Funds for the Innovation Initiative must be allocated to districts based upon a fifty percent average daily membership and fifty percent pursuant to the Education Finance Act formula. At least seventy percent of the funds must be allocated on a per school basis for school based innovation in accord with the District-School Improvement Plan. Up to thirty percent may be spent for district-wide projects with direct services to schools. District and school administrators must work together to determine the allocation of funds.
For 1993-94, districts and schools may use these funds for designing their innovation initiatives to be submitted to the peer review process established in Section 59-139-10 prior to implementation of the innovations in 1994-95. Notwithstanding any other provisions of law, districts may carry over all unexpended funds in 1993-94, and up to twenty-five percent of allocated funds each year thereafter in order to build funds for an approved program initiative.
(5) An annual district programmatic report to the parents and constituents of the school district must be developed by the local school board. Each report shall include the goals and objectives of the school district, the strategies implemented to meet the goals and objectives, and an evaluation of the outcomes. An annual school report to the parents and constituents of the school must be developed by the School Improvement Council and shall provide information on the school's progress on meeting the school and district goals and objectives. These reports shall be provided by November fifteenth of each year.
(6) Each school board of trustees shall establish an improvement council at each school in the district and this council is to be involved in improvement and innovation efforts at the school. The council shall be composed of at least two parents, elected by the parents of the children enrolled in the school; at least two teachers, elected by the faculty; at least two students in schools with grades nine and above elected by the students; other representatives of the community and persons elected appointed by the principal. The elected members of the council shall comprise at least a two-thirds majority of the elected and appointed membership of the council. The council should also include ex-officio members such as the principal and others holding positions of leadership in the school or school organizations, such as parent-teacher groups, booster clubs, and federal program advisory groups. The councils must be constituted in each school no later than January 1, 1978. Each council shall assist in the preparation of the annual school improvement report five year plan and annual updates required in this section, assist with the development and monitoring of school improvement and innovation, provide advice on the use of school incentive grant awards, and provide assistance as the principal may request as well as carrying out any other duties prescribed by the local school board. The local school board shall make provisions to allow any council to file a separate report to the local school board if the council considers it necessary. However, no council shall have has any of the powers and duties reserved by law or regulation to the local school board. Notwithstanding any other provisions of this item subsection, when an area vocational center's establishes a local school improvement council, it must be composed as defined exclusively by federal law. The council shall perform all duties and responsibilities provided for in any state or federal law which applies to these councils.
In order to provide additional accountability for funds expended under the Education Finance Act and the Education Improvement Act statutory requirements, the elected members of the school improvement council shall serve a minimum term of two years. Parents of students or students in their last year of enrollment at an individual school may serve terms of one year only. The terms must be staggered and initially determined by lot. Elections of members to school improvement councils shall occur no later than October fifteenth of the school year. The elections must be organized to ensure that every parent and faculty member has an opportunity to vote each year. Within thirty days following the election, the names, addresses, terms of service, and status of all council members as a parent, teacher, student, or representative of the community must be forwarded provided to the State Department of Education School Improvement Council Assistance at the University of South Carolina for the purpose of sharing information. The district board of trustees shall include in its annual district report a summary of the training opportunities provided or to be provided for school improvement council members and professional educators in regard to council-related tasks and a summary of programs and activities involving parents and citizens in the school.
(4 7) Each school district board of trustees shall:
(a) Review each school improvement plan and the annual updates for integration with district plans and objectives and school progress in meeting those goals and objectives.
(a) Prepare a written appraisal of the school improvement plan of each school with emphasis on needs, goals, objectives, needed improvements, and plans for the utilization of resources.
(b) cause to be prepared an annual written report to account for funds expended in each pupil classification as prescribed by the State Board of Education.;
(c) participate in the statewide testing program, which must include nationally normed achievement tests, as prescribed by the State Board of Education.;
(d) maintain an ongoing systematic evaluation of the educational program needs in the district and shall develop a comprehensive annual and long-range plan for meeting these program needs. These plans shall include an assessment of needs. At minimum, the process of assessing needs and establishing goals and objectives shall must be carried out for each of the program classifications specified in Section 59-20-40(1)(c). Each school district board of trustees shall develop and execute a method of evaluating the extent to which the goals and objectives specified in its comprehensive plan are being achieved and shall annually report the results of its evaluation to the people of the school district and to the State Board of Education.
(e) provide a program for staff development for all educational personnel on an annual and long-range basis. A portion of the funds in the foundation program shall must be used for this staff development that may include, but not be limited to:
(1) college courses in education, subject area of certification or management;
(2) teaching center offerings;
(3) State Department of Education workshops; and
(4) district-wide or in-school training for the purpose of fostering professional growth or improving the competency of all educational personnel.
(f) in accordance with the format approved by the State Board of Education, annually submit to the State Board of Education and to the people of the district that district's fiscal report. Each school district shall annually submit to the State Board of Education and to the people of the district that district's programmatic report including results of the required testing program, the annual long-range plan, and the evaluation of program effectiveness by November fifteenth of each year.
(5 8) The State Department of Education shall:
(a) receive and review the summary report from each school. develop, by September, 1993, a plan for offering help to districts and schools in designing and implementing the district and school comprehensive improvement plan;
(b) develop, by December, 1993, with approval by the State Board of Education, criteria for monitoring the district and school plans;
(b) (c) review each district's annual fiscal report, annual and long-range plan, and its evaluation of programmatic effectiveness. On the basis of this review the department shall provide information in a published report to the local school board of trustees, the Superintendent and other administrative personnel of the district for improvement in the program and in correcting the deficiencies discovered.;
(c) (d) provide assistance to school districts in improving the programs, correcting the deficiencies, and in carrying out its staff development program.
(d) (e) develop or select and field test a competency based student assessment program in the basic skill areas of reading and mathematics utilizing criterion reference tests.;
(e) (f) prepare an annual fiscal and programmatic report to the Governor and the General Assembly beginning the second fiscal year of the operation of this chapter and each year thereafter to assess compliance with the provisions of this chapter and to make recommendations concerning necessary changes in this chapter.;
(f) (g) in compliance with the intent of the chapter, waive the prescribed reporting practices if deemed considered necessary by the State Board of Education and authorize the substitution of alternate reporting practices which accomplish the objectives implied in this section. This waiver shall may not be utilized to avoid full accountability and implementation of this chapter. The State Department of Education shall report in the superintendent's annual report all waivers granted under this section.
(g) adjust periodically the DMP accreditation standards to reflect the funding levels appropriated under the chapter, consistent with the basis utilized by the General Assembly in establishing the base student cost.
(6 9) The Legislative Audit Council shall make sample audits beginning the second fiscal year of the operation of this chapter and each year thereafter audit to assess compliance with the provisions of this chapter as requested by the General Assembly. On the basis of these audits, the Legislative Audit Council shall make recommendations to the General Assembly concerning necessary changes in this chapter.
(7 10) A twelve member Education Finance Review Committee shall must be established to advise the General Assembly and review its implementation of the provisions of this chapter. Such This advice and review may include, but not be limited to:
(a) the cost of the defined minimum program;
(b) provisions included in the defined minimum program;
(c) the pupil classification weights in Section 59-20-40;
(d) the formula for computing required local effort;
(e) the ongoing evaluation of the education program needs of the school districts.
The committee shall must be made up of three representatives from each of the following committees of the General Assembly--Senate Education, Senate Finance, House Education and Public Works, and House Ways and Means--appointed by each respective chairman. The committee shall seek the advice of professional educators and all other interested persons when formulating its recommendations."
SECTION 9. Of the Target 2000 Act Dropout Prevention and Retrieval Projects, an adequate number of sites shall continue to be funded for fiscal years 1993-94 and 1994-95 in order to provide technical assistance to districts and schools in developing their comprehensive long range plan for providing academic assistance to students. The emphasis of the technical assistance should be on strategies for implementing programs which are successful in providing academic assistance at the time of need and increasing the rate of progress of students performing below their peers. Those projects whose evaluations show them to be most effective and agree to serve as technical assistance sites may be selected based on criteria developed by the State Department of Education in consultation with the Select Committee.
SECTION 10. Section 59-5-65 of the 1976 Code is amended by deleting item (9).
SECTION 11. Section 59-18-20 of the 1976 Code is repealed.
SECTION 12. Section 59-20-40 of the 1976 Code is amended by deleting item (7).
SECTION 13. Sections 59-65-410 through 59-65-460 of the 1976 Code are repealed.
SECTION 14. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
/s/Nikki G. Setzler /s/Doug McTeer /s/Alexander Macaulay /s/Ronald Townsend /s/McKinley Washington /s/Michael Jaskwhich On Part of the Senate. On Part of the House.
Rep. McTEER explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
S. 329 -- Senators Setzler, Bryan, Moore, Washington, Matthews, Stilwell, Patterson, Land, Lander, Rankin, Martin, Giese and Short: A BILL TO ENACT THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT OF 1993 BY AMENDING TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 139 SO AS TO PROVIDE FOR CERTAIN EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE; BY AMENDING SECTION 59-1-450, RELATING TO PARENT EDUCATION PROGRAMS, SO AS TO REVISE THE PROGRAMS AND THE MANNER IN WHICH THEY ARE ESTABLISHED AND FUNDED; TO AMEND SECTION 59-5-65, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THESE POWERS AND RESPONSIBILITIES IN REGARD TO DEVELOPING CERTAIN ONE-HALF DAY EARLY CHILDHOOD DEVELOPMENT PROGRAMS FOR FOUR-YEAR-OLD CHILDREN, AND DELETE CERTAIN REQUIREMENTS PERTAINING TO COMPENSATORY AND REMEDIAL INSTRUCTION PROGRAMS; BY AMENDING SECTION 59-20-40, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS, SO AS TO REVISE THE WEIGHTINGS USED FOR EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE, AND DELETE CERTAIN FUNDING REQUIREMENTS FOR COMPENSATORY AND REMEDIAL PROGRAMS; BY AMENDING SECTION 59-3-90, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO INCLUDE REFERENCES TO EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE TRAINING; BY AMENDING SECTION 59-19-340, RELATING TO CHILD DEVELOPMENT PROGRAMS FOR THREE AND FOUR-YEAR-OLD CHILDREN, SO AS TO FURTHER PROVIDE FOR THESE PROGRAMS; AND REPEALING SECTIONS 59-65-410 THROUGH 59-65-460, RELATING TO DROP-OUT PREVENTION AND RECOVERY PROGRAMS.
The SPEAKER granted Rep. G. BAILEY a leave of absence due to a doctor's appointment.
The following Bill was taken up.
S. 599 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 9, TITLE 47 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN AN EQUINE ACTIVITY CAUSED BY AN INHERENT RISK OF EQUINE ACTIVITY.
Rep. BAXLEY moved to adjourn debate upon the Bill, which was rejected by a division vote of 18 to 35.
Rep. HASKINS moved to reconsider the vote whereby the motion to adjourn debate was rejected, which was agreed to.
Rep. HODGES moved to adjourn debate upon the Bill until Wednesday, June 2, which was adopted.
The following Joint Resolution was taken up.
H. 4250 -- Reps. T.C. Alexander, J. Bailey, Elliott, Richardson, Cato, R. Smith and Harvin: A JOINT RESOLUTION TO PROVIDE FOR AN INDEPENDENT AUDIT OF EACH MEMBER INSURER OF THE SOUTH CAROLINA REINSURANCE FACILITY; TO PROVIDE THAT A REPORT OF FINDINGS BE PERFORMED JOINTLY BY THE CHIEF INSURANCE COMMISSIONER, THE HOUSE LABOR, COMMERCE AND INDUSTRY COMMITTEE, AND THE SENATE BANKING AND INSURANCE COMMITTEE; TO PROVIDE FOR THE DISSEMINATION OF THIS INDEPENDENT AUDIT TO THE GENERAL ASSEMBLY; AND TO PROVIDE THAT THE PROVISIONS OF R.136 OF 1993, RELATING TO, AMONG OTHER THINGS, SOLICITING AN INVITATION FOR BIDS FOR SERVICES USED OR PAID FOR BY THE REINSURANCE FACILITY, TERMINATION OF CERTAIN CONTRACTS, AND CONDUCTING CERTAIN AUDITS, SHALL BE IMPLEMENTED BY THE CHIEF INSURANCE COMMISSIONER IN A TIMELY MANNER SO AS TO ENSURE THE EFFICIENT OPERATION OF THE REINSURANCE FACILITY.
Rep. FELDER moved to table the Joint Resolution, which was agreed to.
The following Bill was taken up.
S. 700 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN, TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM, AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
Rep. McLEOD proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10661JM.93), which was adopted.
Amend the bill, as and if amended, in Section 40-57-155, as contained in SECTION 1, page 2, by striking line 42 and inserting:
/duties imposed upon them by law.
A licensee upon reaching the age of sixty, with a minimum of twenty-five years of licensure, is exempt from the requirements of this section."/
Amend title to conform.
Rep. McLEOD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. McTEER a leave of absence for the remainder of the day.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. M.O. ALEXANDER moved that the House recur to the morning hour, which was agreed to.
The Senate returned to the House with amendments the following:
S. 482 -- Senators J. Verne Smith, O'Dell, Wilson, McConnell, Passailaigue, Leatherman and Martin: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS BY ADDING CHAPTER 68 SO AS TO REGULATE BUSINESSES THAT OFFER STAFF LEASING SERVICES; AND TO PROVIDE FOR LICENSING AND DISCIPLINARY ACTION.
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 following was received.
Columbia, S.C., June 1, 1993
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. 355:
S. 355 -- Senators Martin, Giese and J. Verne Smith: A BILL TO AMEND SECTION 41-15-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT WHEN AN INDUSTRIAL ACCIDENT OR CATASTROPHIC RELEASE OCCURS WHICH MUST BE REPORTED TO THE COMMISSIONER OF LABOR, THE EMPLOYER SHALL PREVENT THE DESTRUCTION, ALTERATION, OR REMOVAL OF ANY ITEMS, DOCUMENTS, OR EQUIPMENT FROM THE WORKSITE UNLESS THE PRIOR APPROVAL OF THE COMMISSIONER OF LABOR OR HIS DESIGNATED REPRESENTATIVE HAS BEEN OBTAINED; TO AMEND SECTION 41-15-280 OF THE 1976 CODE, SO AS TO PROVIDE AN EXCEPTION TO THE PROHIBITION THAT A CITATION MAY NOT BE ISSUED UNDER THIS SECTION AFTER THE EXPIRATION OF SIX MONTHS FOLLOWING THE OCCURRENCE OF ANY VIOLATION BY PROVIDING THAT A CITATION MAY BE ISSUED NO MORE THAN ONE YEAR FOLLOWING THE OCCURRENCE OF A VIOLATION WHICH IS DISCOVERED DURING THE INVESTIGATION OF AN INDUSTRIAL ACCIDENT OR CATASTROPHIC RELEASE WHICH MUST BE REPORTED TO THE COMMISSIONER OF LABOR; AND TO AMEND SECTION 42-19-40 OF THE 1976 CODE, SO AS TO PROVIDE THAT SUCH RECORDS OF THE COMMISSION, WHICH ARE NOT OPEN TO THE PUBLIC, INSOFAR AS THEY REFER TO ACCIDENTS, INJURIES, AND SETTLEMENTS, MAY BE INSPECTED BY OTHER STATE AGENCIES SATISFYING THE COMMISSION OF THEIR INTEREST IN SUCH RECORDS AND OF THE RIGHT TO INSPECT THEM.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 1993
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. 194:
S. 194 -- Senators Hayes, Stilwell, Waldrep, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-325 SO AS TO PROVIDE A JUDGMENT AND SENTENCE OF A COURT OF GENERAL SESSIONS IN A CRIMINAL CASE AGAINST AN INDIVIDUAL MAY BE ENFORCED AS A JUDGMENT IS ENFORCED IN THE COURT OF COMMON PLEAS IN CIVIL ACTIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was introduced:
H. 4265 -- Reps. P. Harris, Chamblee, Cooper, Stille, Townsend and Tucker: A CONCURRENT RESOLUTION CONGRATULATING DAVID AGNEW OF ANDERSON COUNTY ON HIS APPOINTMENT AS SPECIAL ASSISTANT TO THE ASSISTANT UNITED STATES LABOR SECRETARY IN THE CLINTON ADMINISTRATION, AND WISHING HIM SUCCESS AND HAPPINESS IN HIS NEW ENDEAVOR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4266 -- Rep. Rogers: A CONCURRENT RESOLUTION TO REQUEST THAT PRIOR TO SUBMITTING A SETTLEMENT PROPOSAL TO THE ATTORNEYS REPRESENTING THE PLAINTIFFS OR TO THE COURT HEARING THE CASE STYLED ALEXANDER S. ET AL. VS. RICHARD E. MCLAWHORN ET AL., THE ATTORNEYS REPRESENTING THE DEPARTMENT OF YOUTH SERVICES SUBMIT AND RECEIVE APPROVAL OF ITS TERMS FROM THE WAYS AND MEANS COMMITTEE, THE FINANCE COMMITTEE, AND THE GOVERNOR.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 813 -- Senator Giese: A CONCURRENT RESOLUTION TO EXTEND SINCERE CONGRATULATIONS AND BEST WISHES TO RICHARD K. HARDING, M.D., AND HIS FAMILY, OF RICHLAND COUNTY ON HIS ELECTION TO THE OFFICE OF RECORDER OF THE AMERICAN PSYCHIATRIC ASSOCIATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 814 -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE STUDENT LEGISLATURE TO USE THE SENATE CHAMBER AND THE HOUSE CHAMBER NOVEMBER 4 AND 5, 1993, AND THE GRESSETTE AND THE BLATT BUILDINGS NOVEMBER 4 AND 5, 1993, FOR ITS ANNUAL MEETING.
Be it resolved by the Senate, the House of Representatives concurring:
That the South Carolina State Student Legislature is authorized to use the chamber of the Senate and the chamber of the House of Representatives from 8:30 a.m.-5:00 p.m. on November 4 and 5, 1993, and the Gressette and the Blatt Buildings November 4 and 5, 1993, for its annual meeting. If the Senate is in statewide session on any of these days, the Senate Chamber and the Gressette Building may not be used on these days. If the House is in statewide session on any of these days, the chamber of the House of Representatives and the Blatt Building may not be used on these days.
Be it further resolved that no expenses may be charged to the South Carolina State Student Legislature for use of these chambers and facilities and such use must be in strict accordance with the policy of the respective chamber.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was taken up.
S. 707 -- Senators Leatherman, Land, Macaulay, Thomas, Leventis, Gregory and Short: A BILL TO AMEND SECTION 39-5-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MERCHANDISING UNFAIR TRADE PRACTICES AND EXEMPTIONS, AND SECTION 39-3-150, RELATING TO THE PROVISION OF LAW THAT SALES AT LESS THAN COST FOR THE PURPOSE OF INJURING COMPETITORS IS A CONSPIRACY TO FORM A MONOPOLY, SO AS TO PROVIDE THAT ANY WHOLESALE OR RETAIL SALE OF MOTOR FUEL AT A LEVEL BELOW THE ACTUAL COST OF ACQUIRING THE PRODUCT, WHICH IS PERMITTED TO MEET COMPETITION, SHALL REQUIRE CERTAIN DOCUMENTATION OF THE COMPETITION'S PRICING; TO FURTHER AMEND SECTION 39-3-150 SO AS TO PROVIDE THAT EXCEPT TO MEET COMPETITION, NO PERSON MAY SELL ANY GRADE OF MOTOR FUEL AT A RETAIL OUTLET AT A PRICE THAT IS BELOW THE COST OF ACQUIRING THE PRODUCT PLUS TAXES AND TRANSPORTATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-41-255 SO AS TO REQUIRE EVERY SERVICE STATION TO POST IN A CONSPICUOUS PLACE THE SELF-SERVICE PUMP PRICE FOR EACH TYPE OF GASOLINE IT HAS AVAILABLE AND PROVIDE FOR RELATED MATTERS.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 26, by the Committee on Labor, Commerce and Industry.
The amendment was then adopted.
Reps. HASKINS, D. SMITH, KIRSH and ANDERSON objected to the Bill.
The following Joint Resolution was taken up.
S. 802 -- Banking and Insurance Committee: A JOINT RESOLUTION TO PROVIDE FOR AN INDEPENDENT AUDIT OF EACH MEMBER INSURER OF THE SOUTH CAROLINA REINSURANCE FACILITY; TO PROVIDE THAT A REPORT OF FINDINGS BE PERFORMED JOINTLY BY THE CHIEF INSURANCE COMMISSIONER, THE HOUSE LABOR, COMMERCE, AND INDUSTRY COMMITTEE, AND THE SENATE BANKING AND INSURANCE COMMITTEE; TO PROVIDE FOR THE DISSEMINATION OF THIS INDEPENDENT AUDIT TO THE GENERAL ASSEMBLY; AND TO PROVIDE THAT THE PROVISIONS OF R. 136 OF 1993, RELATING TO, AMONG OTHER THINGS, SOLICITING AN INVITATION FOR BIDS FOR THE SERVICES USED OR PAID FOR BY THE REINSURANCE FACILITY, TERMINATION OF CERTAIN CONTRACTS, AND CONDUCTING CERTAIN AUDITS, SHALL BE IMPLEMENTED BY THE CHIEF INSURANCE COMMISSIONER IN A TIMELY MANNER SO AS TO ENSURE THE EFFICIENT OPERATION OF THE REINSURANCE FACILITY.
Rep. RICHARDSON proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10665JM.93), which was adopted.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. No later than July 1, 1994, the Chief Insurance Commissioner is directed and required to issue an invitation for bids for any and all services which are currently paid by, or provided to, the South Carolina Reinsurance facility by designated carriers, nonprofit service association of insurance companies, or other company not otherwise excluded in Section 4. The solicitation shall be conducted in strict accordance with the provisions of Chapter 35 of Title 11 generally, and specifically with respect to the provisions governing competitive sealed bidding. The facility business to be bid under this section must be split into not less than three blocks of business to be awarded to not less than three different providers, and the contracts must be for five years.
SECTION 2. Any contract or agreement currently in force for the provision of services to the South Carolina Reinsurance Facility by a designated carrier, nonprofit service association of insurance companies, or other company not otherwise excluded by Section 4 is terminated not later than September 30, 1994, or the specified termination date, whichever comes later.
SECTION 3. (A) The Chief Insurance Commissioner is directed and required to perform an audit of the records of the South Carolina Reinsurance Facility for the purpose of providing the General Assembly a comprehensive report. The report must be completed by January 1, 1994, and must include:
(1) comparative audited financial statements, including all applicable comparative schedules and footnote disclosures from each member insurer of the facility and any company, organization, business enterprise, or other entity with which a member insurer, or the facility, contracts or has or has had a business relationship since 1987. This audit report must be prepared by an independent certified public accountant and must include all financial statements and footnote disclosures required under generally accepted accounting procedures. The commissioner must also include in the report the results of a review performed by the Department of Insurance of the books, records, and papers of any company, organization, business, enterprise, or other entity subject to licensure by the Department of Insurance which contracts with or has or has had a business relationship with a member insurer since 1987;
(2) supplemental comparative schedules to be included in the report are:
(a) a detailed schedule of profit or loss incurred by each of the member insurers on business ceded to the facility;
(b) a listing of all shareholders who own more than a five percent interest and their annual compensation;
(c) a listing of all shareholders who own more than a five percent interest in any entity, corporation, or partnership with related business contracts or interest to the member insurer;
(d) an annual analysis of any distribution of profits to shareholders or partners who have an ownership of five percent or more;
(e) the amount of reserves held by each member insurer for facility business and the income from the investment of such reserves;
(f) a detailed listing by item and amount of all expenses each member insurer is reimbursed by the facility; and
(g) a comparative analysis of loss ratios;
(3) a detailed listing of all expenses incurred by the facility.
(B) The commissioner must obtain from each member insurer a complete audited financial statement from and a record of all transactions between each of the member insurers and any company, organization, business, enterprise, or other entity with which a member insurer contracts or has a business relationship.
SECTION 4. The provisions of this joint resolution requiring the solicitation of bids for services mandating audit and disclosure do not apply to contracts utilized to enforce insurance policy sales between producer agents and insureds and the member insurers, contracts for leasing or maintenance of office equipment or furniture, telephone services, office supplies, postal services, legal services, or other noninsurance related contracts utilized in the ordinary course of everyday business operation.
SECTION 5. The results of audits, reviews, and financial statements required herein must be collected and compiled by the commissioner and included in the report to the General Assembly, along with those of the designated carriers specified in an act of 1993 bearing ratification number R.136, the contents of which or work products incidental thereto must not be disclosed to any source by the commissioner prior to or outside of the report. Any present member insurer which has a contract or business relationship with any other company, organization, business, enterprise, or other entity subject to the provisions herein which refuses or fails to present the audited financial statements required herein is ineligible to be considered in the bidding process provided for in Section 1.
SECTION 6. An Act of 1993 bearing ratification number R. 136 is repealed by this Act; provided that all actions required by an Act of 1993 bearing ratification number R. 136 before the effective date of this resolution must be met.
SECTION 7. This joint resolution takes effect upon approval by the Governor./
Amend title to conform.
Rep. RICHARDSON explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
Upon the withdrawal of an objection by Rep. KEYSERLING the following Bill was taken up.
H. 4243 -- Reps. Carnell and McAbee: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN GREENWOOD COUNTY UNTIL JULY 1, 1994.
The Bill was then rejected.
Rep. McABEE moved to reconsider the vote whereby the following Bill was rejected.
H. 4243 -- Reps. Carnell and McAbee: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN GREENWOOD COUNTY UNTIL JULY 1, 1994.
The motion to reconsider was rejected by a division vote of 22 to 22.
Rep. KIRSH moved that the House do now adjourn, which was rejected by a division vote of 35 to 58.
Rep. CARNELL, with unanimous consent, made a short statement relative to regulations pertaining to day care centers.
Rep. RHOAD asked unanimous consent to recall H. 3200 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. THOMAS objected.
On motion of Rep. LANFORD, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.
S. 656 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 20-7-3230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUVENILE DETENTION SERVICES FOR JUVENILES, SO AS TO PROVIDE THAT EACH SECURE FACILITY SHALL HAVE SUFFICIENT PERSONNEL TO PROVIDE TWENTY-FOUR HOUR SUPERVISION AND TO PROVIDE ADMINISTRATIVE PROGRAM AND SUPPORT REQUIREMENTS; TO PROVIDE THAT A COUNTY WHICH PROVIDES TEMPORARY HOLDOVER FACILITIES FOR JUVENILES MUST MEET CERTAIN REQUIREMENTS; AND TO PROVIDE THAT JUVENILE DETENTION FACILITIES MAY BE PROVIDED BY A COUNTY OR COUNTIES WHICH HAVE ENTERED INTO A REGIONAL INTERGOVERNMENTAL AGREEMENT TO PROVIDE SECURE FACILITIES FOR PREADJUDICATORY JUVENILES WHICH MEET THE STANDARDS OF DESIGN, CONSTRUCTION, AND OPERATION OF THE AMERICAN CORRECTIONAL ASSOCIATION, THAT IN FACILITIES OPERATED BY THE DEPARTMENT OF YOUTH SERVICES THE COST FOR EACH CHILD COMMITTED BY A COUNTY MUST BE BASED ON THE AVERAGE OPERATING COST AMONG ALL PREADJUDICATORY STATE FACILITIES, THAT THE DEPARTMENT OF YOUTH SERVICES MUST ASSUME ONE-THIRD OF THE PER DIEM COSTS AND THE COMMITTING COUNTY SHALL ASSUME TWO-THIRDS OF THE COSTS, AND THAT TRANSPORTATION OF THE JUVENILE TO AND FROM THE FACILITY IS THE RESPONSIBILITY OF THE COUNTY AND TRANSPORTATION OF THE JUVENILE BETWEEN DEPARTMENT FACILITIES IS THE RESPONSIBILITY OF THE DEPARTMENT.
Rep. RUDNICK asked unanimous consent to recall H. 3233 from the Committee on Labor, Commerce and Industry.
Rep. J. BAILEY objected.
Rep. SHISSIAS, with unanimous consent, made a short statement relative to regulations pertaining to day care centers.
The Senate amendments to the following Bill were taken up for consideration.
H. 3424 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT WHEN THE OPERATOR OR OWNER OF AN INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE IS ISSUED A TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO BE COMPLETED BY HIM AND HIS INSURER OR THE AGENT ISSUING THE POLICY TO VERIFY LIABILITY INSURANCE COVERAGE; AND TO AMEND SECTION 56-10-45, RELATING TO MOTOR VEHICLE FINANCIAL SECURITY AND THE CONFISCATION OF LICENSE PLATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT LOCAL LAW ENFORCEMENT AGENCIES ARE AUTHORIZED TO CONFISCATE MOTOR VEHICLE REGISTRATION CERTIFICATES AND PLATES WHERE THE SECURITY REQUIRED BY CHAPTER 10 OF TITLE 56 HAS LAPSED.
Rep. CATO proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\10655JM.93), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately-numbered SECTIONS to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 38-73-1600. (A) By January 1, 1994, and annually thereafter, the Board of Governors of the South Carolina Reinsurance Facility shall file with the commissioner every manual of classifications, rules, and rates, every rating plan, policy forms, and every modification of any of the foregoing which it proposes to use for private passenger automobile insurance provided by the facility. Every such filing shall indicate the character and extent of the coverage contemplated and shall be accompanied by the information upon which the board supports the filing. The rates filed by the board shall be effective on July first immediately following.
(B) The board may satisfy its obligation to make such filings by authorizing the commissioner to accept on its behalf the filing made by a licensed rating organization.
(C) Any filing made pursuant to this section shall be approved by the commissioner unless the commissioner finds that such filing does not meet the requirements of Section 38-73-10 and 38-73-450. Unless there is any conflict between the rate levels prescribed in this section and the provision of another section, this section prevails. As soon as reasonably possible after the filing has been made, the commissioner shall in writing approve or disapprove the same, except that any filing shall be deemed approved unless disapproved within thirty days.
(D) In the event that the commissioner disapproves a filing, the commissioner shall specify in what respect such filing does not meet the requirements of law. In any administrative proceeding under this chapter, the board or the rating organization shall carry the burden of proof to show that the rate is not excessive, inadequate, or unfairly discriminatory.
(E) If at any time the commissioner finds that a filing so approved no longer meets the requirements of this chapter, the commissioner may, after a hearing conducted in accordance with the provisions of Section 38-73-1020, issue an order withdrawing approval thereof. The order shall specify in what respects the commissioners finds such filing no longer meets the requirements of this chapter and shall be effective not less than sixty days after its issuance.
(F) Any person or organization aggrieved by the action of the commissioner with respect to any filing may, within fifteen days after such action, make written request to the commissioner for a hearing thereon. Upon receipt of a timely request, the commissioner shall hear such aggrieved party within thirty days after receipt of such request in accordance with the provisions of the Administrative Procedures Act (Title 1, Chapter 23). If, after hearing, the commissioner finds that a rate or rate change is excessive, inadequate, or unfairly discriminatory, the commissioner shall issue an order disapproving such rate or rate change to be effective not sooner than sixty days after the date of the order. However, for purposes of this section rates are not to be considered excessive, inadequate, or unfairly discriminatory if they meet the target rates described in subsection (H).
(G) No insurer shall make or issue a ceded contract or policy except in accordance with filings which have been approved for the facility as provided in this chapter.
(H) (1) For the year beginning July 1, 1994, the facility rates shall be established at a level such that the sum of the pure loss component and the expense component do not exceed the anticipated final rate or premium charge by more than twenty-six percent.
(2) For the year beginning July 1, 1995, the facility rates shall be established at a level such that the sum of the pure loss component and the expense component do not exceed the anticipated final rate or premium charge by more than seventeen percent.
(3) For the year beginning July 1, 1996, the facility rates shall be established at a level such that the sum of the pure loss component and the expense component do not exceed the anticipated final rate or premium charge by more than nine percent.
(4) For the year beginning July 1, 1997, and for subsequent years, the facility rates shall be established at a level such that the sum of the pure loss component and the expense component provide for a reasonable rate of return. Due consideration shall be given to the investment earnings on unearned premium and loss reserves, and realized capital gains."
SECTION __. Section 38-73-455 of the 1976 Code, as last amended by Act 113 of 1991, is further amended to read:
"Section 38-73-455. (A) An automobile insurer shall offer two four different rates for automobile insurance, a base rate as defined in Section 38-73-457 and an objective standards rate which is twenty-five percent above the base rate liability coverages, uninsured motorist coverages, and underinsured motorist coverages. Both All of these rates are subject to all surcharges or discounts, if any, applicable under any approved merit rating plan, credit, or discount plan promulgated or approved by the commissioner.
(B) No later than July 1, 1994, insurers of automobile insurance must file with the commissioner revised rates for private passenger automobile insurance policies written by them. Each insurer must file:
(1) a 'preferred' rate by driver classification and territory, which is a rate less than the standard rate defined herein. This rate applies to private passenger automobile insurance risks which qualify for the safe driver discount; and
(2) a 'standard' rate which must be the approved base rate as defined in Section 38-73-457, by driver classification and territory in effect on July 1, 1994. This rate applies to private passenger automobile insurance risks which qualify for the safe driver discount; and
(3) a 'nonpreferred' rate by driver classification and territory, which is a rate more than the standard rate but less than the rate by driver classification and territory for the substandard rate and is applicable to all private passenger automobile insurance risks; and
(4) a 'substandard' rate by driver classification and territory, which is a rate more than the nonpreferred rate but less than or equal to the highest rate by driver classification and territory for the facility, and is applicable to all private passenger automobile risks.
(C) The commissioner must approve the rates filed pursuant to subsection (A). If the rates are approved, the rates shall become effective for all policies of automobile insurance issued or renewed with effective dates on or after October 1, 1994.
(D) Insurers may place any automobile insurance risk at any of the four rate levels without restriction unless provided otherwise in this chapter. An insurer or agent shall provide written notice to the insurer of the tier at which coverage is being written for the insured and the reasons the insured was written in that particular tier. However, the Uniform Merit Rating Plan must continue to apply to all risks written by them.
(E) No policy of insurance written at the preferred or standard rate may be ceded to the Reinsurance Facility.
(F) An applicant and all operators of the insured automobile who have qualified for the safe driver discount for the last ten years and who reside in the same household and the automobile or the automobile it replaced has been insured for liability coverage for the past twelve months must be written at the preferred rate and may not be ceded to the facility. A driver who is claimed as a dependent for income tax purposes is not required to meet the ten year requirement as long as the dependent qualifies for the safe driver discount.
(G) All policies of automobile insurance issued or renewed with effective dates on or after October 1, 1994, that are written by automobile insurers designated pursuant to Section 38-77-590(A) for risks written by them through producers designated pursuant to that same section must be written at the rates provided for in Section 38-73-1420. However, the Uniform Merit Rating Plan must apply to all such risks.
Applicants, or a current policyholder, seeking automobile insurance with an insurer must be written at the base rate, unless one of the conditions or factors in subitems (1) through (8) of item (A) is present.
(A) The named insured or any operator who is not excluded in accordance with Section 37-77-340 and who resides in the same household or customarily operates an automobile insured under the same policy, individually:
(1) has obtained a policy of automobile insurance or continuation thereof through material misrepresentation within the preceding thirty-six months; or
(2) has had convictions for driving violations on three or more separate occasions within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Department of Highways and Public Transportation; or
(3) has had two or more 'chargeable' accidents within the thirty-six months immediately preceding the effective date of coverage. A 'chargeable' accident is defined as one resulting in bodily injury to any person in excess of three hundred dollars per person, death, or damage to the property of the insured or other person in excess of seven hundred fifty dollars. Accidents occurring under the circumstances enumerated below are not considered chargeable.
(a) The automobile was lawfully parked. An automobile rolling from a parked position is not considered as lawfully parked but is considered as operated by the last operator.
(b) The applicant or other operator or owner was reimbursed by or on behalf of a person responsible for the accident or has a judgment against this person.
(c) The automobile of an applicant or other operator was struck in the rear by another vehicle and the applicant or other operator has not been convicted of a moving traffic violation in connection with the accident.
(d) The operator of the other automobile involved in the accident was convicted of a moving traffic violation and the applicant or other operator was not convicted of a moving traffic violation in connection therewith.
(e) An automobile operated by the applicant or other operator is damaged as a result of contact with a 'hit and run' driver, if the applicant or other operator so reports the accident to the proper authority within twenty-four hours or, if the person is injured, as soon as the person is physically able to do so.
(f) Accidents involving damage by contact with animals or fowl.
(g) Accidents involving physical damage, limited to an caused by flying gravel, missiles, or falling objects.
(h) Accidents occurring as a result of the operation of any automobile in response to an emergency if the operator at the time of the accident was responding to a call of duty as a paid or volunteer member of any police or fire department, first aid squad, or any law enforcement agency. This exception does not include an accident occurring after the emergency situation ceases or after the private passenger motor vehicle ceases to be used in response to the emergency; or
(4) has had one 'chargeable' accident and two convictions for driving violations, all occurring on separate occasions, within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Department of Highways and Public Transportation; or
(5) has been convicted of or forfeited bail during the thirty-six months immediately preceding the effective date of coverage for operating a motor vehicle while in an intoxicated condition or while under the influence of drugs; or
(6) has been convicted or forfeited bail during the thirty-six months immediately preceding the effective date for:
(a) any felony involving the use of a motor vehicle,
(b) criminal negligence resulting in death, homicide, or assault arising out of the operation of a motor vehicle,
(c) leaving the scene of an accident without stopping to report,
(d) theft or unlawful taking of a motor vehicle,
(e) operating during a period of revocation or suspension of registration or license,
(f) Knowingly permitting an unlicensed person to drive,
(g) reckless driving,
(h) the making of material false statements in the application for licenses or registration,
(i) impersonating an applicant for license or registration or procuring a license or registration through impersonation, whether for himself or another,
(j) filing of a false or fraudulent claim or knowingly aiding or abetting another in the presentation of such a claim,
(k) failure to stop a motor vehicle when signaled by means or a siren or flashing light by a law enforcement vehicle; or
(7) has for thirty or more consecutive days during the twelve months immediately preceding the effective date of coverage, owned or operated the automobile to be insured (or if newly acquired, the automobile it replaces) without liability coverage in violation of the laws of this State; or
(8) has used the insured automobile as follows or if the insured automobile is:
(a) used in carrying passengers for hire or compensation, except that the use of an automobile for a car pool must not be considered use of an automobile for hire or compensation,
(b) used in the business of transportation of flammables or explosives,
(c) used in illegal operation, or
(d) no longer principally used and garaged within the State, but not to include students who are operating a motor vehicle registered in this State while attending an institution located in another state.
(B) In the event that one or more of the conditions or factors prescribed in items (1) through (8) of subsection (A) exist, the motor vehicle customarily operated by that individual must be written at the objective standards rate.
(C) (H) Member companies of an affiliated group of automobile insurers may not utilize different filed rates for automobile insurance coverages which they are mandated by law to write. For the purpose of this section, an affiliated group of automobile insurers includes a group of automobile insurers under common ownership, management, or control. Those automobile insurers designated pursuant to Section 38-77-590(a), for automobile insurance risks written by them through producers designated by the Facility governing board pursuant to that section, shall utilize the rates or premium charges by coverage filed and authorized for use by the rating organization licensed by the Commissioner pursuant to Article 11, Chapter 73 of this title, which has the largest number of members or subscribers for automobile insurance rates. However, those automobile insurers designated pursuant to Section 38-77-590(a) are not required to use those same rates or premium charges described in the preceding sentence for risks written by them through their authorized agents not appointed pursuant to Section 38-77-590.
(D) (I) An automobile insurance policy may be endorsed at any time during the policy period to reflect the correct rate or premium applicable by reason of the factors or conditions described in subsection (A) which existed prior to the commencement of the policy period in which the endorsement is made, regardless of whether the factors or conditions were known or disclosed to the insurer at the commencement of the policy period. However, no No policy may be endorsed during a policy period to reflect factors or conditions occurring during that policy period. A policy may be endorsed during a policy period to recognize the addition or deletion of an operator or vehicle.
(E)(J) For purposes of determining the applicable rates to be charged an insured, an automobile insurer shall obtain and review an applicant's motor vehicle record.
(K) In determining the premiums to be charged on automobile insurance, it is unlawful to consider race, religion, national origin, or economic status."
SECTION __. Except as may be otherwise specifically provided in this act, this act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
Rep. FELDER raised the Point of Order that Amendment No. 2 was out of order as the Bill dealt with a ticket for a moving violation by a law enforcement officer and had to with that part of the law and had nothing to do with the reinsurance facility or with the rate structure and the amendment was put on in the Senate to add the new sections and was not on the original Bill.
The SPEAKER stated that the amendment amended the Bill as passed by the Senate.
Rep. CATO argued contra the Point in stating that it did deal with facilities.
The SPEAKER stated that the first section dealt with rates as charged by the facility and the second section dealt with the requiring of insurers to offer four different rates for liability coverage and other coverage. He further stated that the Bill as written by the Senate did not deal with the voluntary market and that Section 2 dealt with the voluntary market and what was charged in the voluntary market. He further stated that if Section 4 did not make it germane and it was not relevant to Section 5 and Section 2 was not relevant to Section 4 or 5 then it was not germane to the Bill as amended by the Senate and he sustained the Point of Order and ruled the amendment out of order.
Rep. MARCHBANKS moved that the House do now adjourn.
Rep. CARNELL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
The motion to adjourn was rejected by a division vote of 21 to 75.
Rep. RICHARDSON proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\BBM\10666JM.93), which was adopted.
Amend the bill, as and if amended, by striking SECTIONS 4 and 5 and inserting:
/SECTION 4. Except as may otherwise be specifically provided in this act, this act takes effect upon approval by the Governor./
Amend title to conform.
Rep. RICHARDSON explained the amendment.
Rep. J. BAILEY spoke against the amendment.
Rep. FELDER spoke in favor of the amendment.
Rep. FELDER spoke in favor of the amendment.
Rep. J. BAILEY spoke against the amendment.
Rep. RICHARDSON spoke in favor of the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. J. BAILEY moved to table the amendment.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, J. Cooper Corning Gamble Graham Hallman Harrell Holt Koon Marchbanks Quinn Rhoad Robinson Rudnick Sharpe Stuart Waites Walker Whipper
Those who voted in the negative are:
Anderson Askins Baker Baxley Breeland Brown, G. Brown, H. Byrd Canty Carnell Cato Chamblee Cromer Davenport Delleney Fair Farr Felder Gonzales Govan Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hines Houck Huff Hutson Inabinett Keegan Kelley Kennedy Keyserling Klauber Lanford Littlejohn Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand Meacham Neal Neilson Richardson Riser Scott Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Sturkie Thomas Townsend Tucker Vaughn Waldrop Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the House refused to table the amendment.
Rep. T.C. ALEXANDER spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. M.O. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Baker Baxley Brown, G. Byrd Canty Carnell Cato Cromer Davenport Delleney Fair Farr Felder Gonzales Govan Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hines Houck Hutson Inabinett Jennings Keegan Kennedy Keyserling Kinon Klauber Law Littlejohn Martin McAbee McElveen McKay McLeod McMahand Neal Neilson Quinn Richardson Riser Scott Smith, D. Smith, R. Snow Spearman Stille Stone Sturkie Thomas Townsend Tucker Vaughn Waldrop Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, J. Barber Breeland Brown, H. Chamblee Cooper Corning Gamble Graham Hallman Harrell Holt Kirsh Koon Lanford Marchbanks Mattos McCraw Meacham Moody-Lawrence Phillips Rhoad Robinson Rudnick Sharpe Sheheen Shissias Simrill Stuart Waites Walker Whipper Wilder, D. Wilder, J. Young, R.
So, the amendment was adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The following was received.
Columbia, S.C., June 1, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 255:
S. 255 -- Senators Giese, Reese and Matthews: A BILL TO AMEND TITLE 44, CHAPTER 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEAD AND SPINAL CORD INJURIES, SO AS TO ADD ARTICLE 3 TO CREATE THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY SERVICE DELIVERY SYSTEM TO DEVELOP, COORDINATE, AND ENHANCE DELIVERY OF SERVICES; TO DESIGNATE AGENCY RESPONSIBILITIES IN THE SYSTEM; TO ESTABLISH AN ADVISORY COUNCIL; TO PROVIDE ELIGIBILITY CRITERIA FOR RECEIVING CASE MANAGEMENT SERVICES; TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE AN ENTITLEMENT PROGRAM; AND TO DESIGNATE SECTIONS 44-38-10 THROUGH 44-38-90 AS ARTICLE 1 OF CHAPTER 38, TITLE 44, AND TO RENAME CHAPTER 38 OF TITLE 44.
Very respectfully,
President
No. 160
The following was received from the Senate.
Columbia, S.C., May 25, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon it amendments to S. 31:
S. 31 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF SIGNATURES REQUIRED ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT, SO AS TO REQUIRE AT LEAST FIFTY SIGNATURES OF QUALIFIED ELECTORS, OR FIVE PERCENT, WHICHEVER IS LESSER.
and asks for a Committee of Conference and has appointed Senators Moore, Courtney and Greg Smith of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 148
Whereupon, the Chair appointed Reps. GONZALES, SCOTT and TUCKER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 255 -- Senators Giese, Reese and Matthews: A BILL TO AMEND TITLE 44, CHAPTER 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEAD AND SPINAL CORD INJURIES, SO AS TO ADD ARTICLE 3 TO CREATE THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY SERVICE DELIVERY SYSTEM TO DEVELOP, COORDINATE, AND ENHANCE DELIVERY OF SERVICES; TO DESIGNATE AGENCY RESPONSIBILITIES IN THE SYSTEM; TO ESTABLISH AN ADVISORY COUNCIL; TO PROVIDE ELIGIBILITY CRITERIA FOR RECEIVING CASE MANAGEMENT SERVICES; TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE AN ENTITLEMENT PROGRAM; AND TO DESIGNATE SECTIONS 44-38-10 THROUGH 44-38-90 AS ARTICLE 1 OF CHAPTER 38, TITLE 44, AND TO RENAME CHAPTER 38 OF TITLE 44.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 44, Chapter 38 of the 1976 Code, as added by Act 457 of 1992, is amended by adding:
Section 44-38-310. There is established the South Carolina Head and Spinal Cord Injury Service Delivery System to develop, coordinate, and enhance the delivery of services to persons with head and spinal cord injuries. Services provided pursuant to this article supplement and do not supplant existing services or the development of new services.
Section 44-38-320. As used in this article:
(1) 'System' means the South Carolina Head and Spinal Cord Injury Service Delivery System as established in this article; (2) 'State Plan' means the plan developed by the State Department of Mental Retardation pursuant to this article for a comprehensive system of services for persons with head and spinal cord injuries.
Section 44-38-330. The primary functions of the system are planning, intake and referral, case management, and education and prevention. The State Department of Mental Retardation is designated as the General Services Coordinator for the system and shall perform the planning and education and prevention functions of the system. The University Affiliated Program of the University of South Carolina shall perform the intake and referral functions; and the State Department of Mental Retardation and the State Agency of the Department of Vocational Rehabilitation shall perform the case management functions.
Section 44-38-340. As General Services Coordinator, the State Department of Mental Retardation shall:
(1) develop a state plan for a comprehensive system of services for persons with head and spinal cord injuries, including short-term and long-term goals and objectives for implementing the plan;
(2) receive surveillance data from the South Carolina Head and Spinal Cord Injury Information System to use in developing and revising the state plan to meet the changing needs of this population;
(3) identify gaps in services for head and spinal cord injured persons and spearhead development of those services needed for the comprehensive system of service delivery;
(4) develop licensing, program, and contract guidelines to be used by case managers in working with service delivery agencies;
(5) in conjunction with other state agencies, prepare, coordinate, and advocate for state appropriations needed to fund and to develop services needed to implement the state plan;
(6) seek funding from other sources, private and federal, including, but not limited to, medicaid waivers and expansion of the medicaid program, to provide services outlined in the state plan;
(7) evaluate the state plan including, but not limited to, how well head and spinal cord injured persons are identified, referred, and served by the system and its impact on their quality of life, including reintegration and productivity in the community;
(8) promote public awareness through programs relating to head and spinal cord injury prevention, treatment, and rehabilitation;
(9) promote research on the causes, effects, prevention, treatment, and rehabilitation of head and spinal cord injuries.
Section 44-38-350. The University Affiliated Program, in performing the intake and referral functions of the service delivery system, shall:
(1) serve as the central and initial point for receiving referrals for case management services from the South Carolina Head and Spinal Cord Injury Information System and all other sources;
(2) determine a person's eligibility for case management services based on criteria provided in Section 44-38-370, conduct a preliminary assessment of services needed, and refer the person to the appropriate case management agency pursuant to criteria developed by the University Affiliated Program;
(3) develop policies and procedures to be used by the case managers to assure, among other things, that a person with a head or spinal cord injury receives equal access to available services and that case management services maximize the person's self-determination and self-advocacy;
(4) develop training programs for case managers and other professionals to prepare and assist them in working with persons with head and spinal cord injuries;
(5) provide technical assistance and consultation to the General Services Coordinator and other agencies providing services under this article;
(6) upon request provide consultation and technical assistance to an agency and its clients who have been referred or who are receiving services under this article if a complaint arises or if a problem develops which interferes with the client receiving services.
Section 44-38-360. The State Agency of Vocational Rehabilitation and the State Department of Mental Retardation, in carrying out the case management function of the system shall:
(1) receive referrals from the University Affiliated Program and develop, in conjunction with service providers, where appropriate, an individualized treatment plan designed to meet the specific needs of that person;
(2) coordinate the delivery of services and assure that services are appropriate and delivered in a timely manner;
(3) seek funds for special services from federal, state, or private sources, as appropriate, for services needed to carry out the individualized treatment plan;
(4) advocate for persons with head and spinal cord injuries to assist them in receiving equal access to services and services which promote independence and productivity.
Section 44-38-370. A person is eligible for case management services under this article when at the time of determining eligibility the person has a severe chronic limitation that:
(1) is attributed to a physical impairment, including head injury, spinal cord injury, or both, or a similar disability, regardless of the age of onset but not associated with the process of a progressive degenerative illness or disease, dementia, or a neurological disorder related to aging;
(2) is likely to continue indefinitely without intervention;
(3) results in substantial functional limitations in at least two of these life activities:
(a) self-care;
(b) receptive and expressive communication;
(c) learning;
(d) mobility;
(e) self-direction;
(f) capacity for independent living;
(g) economic self-sufficiency; and
(4) reflects the person's need for a combination and sequence of special interdisciplinary or generic care or treatment or other services which are of lifelong or extended duration and are individually planned and coordinated.
Section 44-38-380. (A) There is created an Advisory Council to the South Carolina Head and Spinal Cord Service Delivery System composed of:
(1) the following members or a designee, who shall serve ex officio:
(a) Chairperson for the Joint Legislative Committee for the Disabled;
(b) Commissioner of the State Department of Mental Retardation;
(c) Commissioner of the State Agency for Vocational Rehabilitation;
(d) Director of the University Affiliated Program of the University of South Carolina;
(e) Director of the South Carolina Developmental Disabilities Council;
(f) Director of Special Education of the State Department of Education;
(g) Director of the Interagency Office of Disability Prevention;
(h) Executive Director of the Continuum of Care for Emotionally Disturbed Children;
(i) Executive Director of the South Carolina Health and Human Services Finance Commission;
(j) Commissioner of the State Department of Mental Health;
(k) Commissioner of the South Carolina Department of Health and Environmental Control;
(l) Commissioner of the South Carolina Commission for the Blind;
(2) the following members or a designee:
(a) President of the South Carolina Head Injury Association;
(b) President of the South Carolina Association of Independent Head Injury Groups;
(c) President of the South Carolina Spinal Cord Injury Association;
(d) Director of the South Carolina Disabilities Research Commission;
(3) the following members to be appointed by the Governor for four-year terms and until their successors are appointed and qualified:
(a) three health care providers knowledgeable in head injuries and spinal cord injuries;
(b) three consumers of case management services or family members or legal guardians of consumers of case management services.
(B) The Governor, with recommendation from the Chairperson of the Joint Legislative Committee for the Disabled, shall appoint a primary or secondary consumer of services of the system as chairperson of the council for a two-year term; no person may serve more than one term as chairperson.
(C) Members of the Advisory Council shall serve at no expense to the State.
(D) The Advisory Council shall work with the State Department of Mental Retardation, the State Agency of Vocational Rehabilitation, and the University Affiliated Program of the University of South Carolina in carrying out their responsibilities under this article. In working with these agencies the council shall, but is not limited to:
(1) providing oversight for the implementation of the state plan and operation of the system;
(2) reviewing budget matters related to the system and the responsibilities of the agencies within the system;
(3) monitoring effectiveness of the state plan.
Section 44-38-390. Nothing contained in this article may be construed to establish or authorize creation of an entitlement program or benefit."
SECTION 2. Of those members first appointed to the Advisory Council to the State Head and Spinal Cord Service Delivery System pursuant to Section 44-38-380(A)(3)(a) and (b), two of the health care providers and two of the consumers or family members of consumers shall serve four-year terms and one health care provider and one consumer or family member of a consumer shall serve two-year terms.
SECTION 3. Implementation of the South Carolina Head and Spinal Cord Injury Service Delivery System as created in Section 1 of this act and requirements under this act are contingent upon annual appropriations of sufficient funding.
SECTION 4. Sections 44-38-10 through 44-38-90 of the 1976 Code are designated as Article 1 of Chapter 38, Title 44, and entitled "Head and Spinal Cord Injury Information System" and all references to "chapter" within these code sections must be changed to "article". The title of Chapter 38, Title 44, is changed to "Head and Spinal Cord Injuries".
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Warren K. Giese /s/Joseph B. Wilder /s/John W. Matthews, Jr. /s/Sandra S. Wofford /s/Glenn G. Reese /s/Joseph Neal, II On Part of the Senate. On Part of the House.
Rep. J. WILDER explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 1, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3010:
H. 3010 -- Reps. Carnell, Felder, Boan, M.O. Alexander, Barber, Beatty, H. Brown, J. Brown, Cato, Clyborne, Cobb-Hunter, Corning, Cromer, Davenport, Delleney, Elliott, Fulmer, Gamble, Govan, Hallman, Harrelson, J. Harris, P. Harris, Harvin, Hodges, Holt, Jaskwhich, Jennings, Keegan, Kinon, Kirsh, Koon, Lanford, Mattos, McAbee, McCraw, McElveen, McKay, McTeer, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Riser, Rogers, Rudnick, Sheheen, Shissias, R. Smith, Snow, Stille, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Worley, R. Young, Marchbanks, Richardson, Huff, A. Young, Wofford, Graham, Chamblee, Klauber and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-140 SO AS TO LIMIT APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO AN AMOUNT NOT TO EXCEED THE BASE REVENUE ESTIMATE, TO DEFINE BASE REVENUE ESTIMATE, TO PROVIDE FOR AN INCREASE IN THE BASE REVENUE ESTIMATE ON THE WRITTEN CERTIFICATION OF THE BOARD OF ECONOMIC ADVISORS, AND TO PROVIDE WHEN AND FOR WHAT PURPOSES SURPLUS REVENUES MAY BE APPROPRIATED.
Very respectfully,
President
No. 161
The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for Ratification.
The following was received.
Columbia, S.C., June 1, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
S. 255 -- Senators Giese, Reese and Matthews: A BILL TO AMEND TITLE 44, CHAPTER 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEAD AND SPINAL CORD INJURIES, SO AS TO ADD ARTICLE 3 TO CREATE THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY SERVICE DELIVERY SYSTEM TO DEVELOP, COORDINATE, AND ENHANCE DELIVERY OF SERVICES; TO DESIGNATE AGENCY RESPONSIBILITIES IN THE SYSTEM; TO ESTABLISH AN ADVISORY COUNCIL; TO PROVIDE ELIGIBILITY CRITERIA FOR RECEIVING CASE MANAGEMENT SERVICES; TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE AN ENTITLEMENT PROGRAM; AND TO DESIGNATE SECTIONS 44-38-10 THROUGH 44-38-90 AS ARTICLE 1 OF CHAPTER 38, TITLE 44, AND TO RENAME CHAPTER 38 OF TITLE 44.
Senate has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 162
The Senate returned to the House with amendments the following:
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.
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.
Rep. CARNELL moved that the House recur to the Morning Hour.
Rep. LANFORD moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4255 -- Rep. P. Harris: A CONCURRENT RESOLUTION COMMENDING MARY D. DUSENBERRY FOR HER EXEMPLARY SERVICE ON THE TRI-COUNTY AREA COMMISSION FOR TECHNICAL EDUCATION.
H. 4258 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE MS. NOVICE S. WALKER OF SUMMERTON, SOUTH CAROLINA, FOR RECEIVING THE OLIN D. JOHNSTON AWARD FOR BEING SELECTED AS THE SOUTH CAROLINA POSTMASTER OF THE YEAR.
H. 4259 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING MR. TOWNES WALKER OF CLARENDON COUNTY ON HIS ELECTION AS THE 1993 PRESIDENT OF THE SOUTH CAROLINA LP GAS ASSOCIATION AND COMMENDING HIM FOR HIS OUTSTANDING SERVICE IN THIS POSITION.
H. 4262 -- Rep. Scott: A CONCURRENT RESOLUTION TO CONGRATULATE HARRISON REARDEN OF COLUMBIA UPON BEING NAMED 1993 OUTSTANDING MALE STATE EMPLOYEE.
At 5:25 P.M. the House in accordance with the motion of Rep. KIRSH adjourned in memory of Rev. W. G. Benton of York, to meet at 10:00 A.M. tomorrow.
This web page was last updated on Monday, June 29, 2009 at 3:46 P.M.