Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Heavenly Father, as we turn to this altar of Prayer, cause us to see it as a pavilion of Your peace. We are fearful when we think of our children's inheritance from our blundering efforts. Give us, then, a right judgment in all things. Make us so transparently just and fair that all which is false and every lurking evil may be banished by Your truths. Give us kind words, clean thoughts, and a steadfast trust in God, lest in foolish futility we attempt to build on sinking sands instead of upon Him Who is the eternal Rock of ages.
Hear our prayer offered in trust and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. G. BROWN moved that when the House adjourns, it adjourn in memory of Rev. A.D. Dennis, Sr., which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 1769
Promulgated By Department of Social Services
Food Stamp Issuance
Received By Speaker April 13, 1994
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date March 20, 1995
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The S.C. Telephone Association for a reception, May 3, 1994, 6:00 P.M. - 10:00 P.M. at the State Fair Grounds in the Ellison Building.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The S.C. Textile Manufacturers Association for a "Pride in America" reception, May 4, 1994, 6:00 P.M. - 8:00 P.M. at the Columbia Adam's Mark, formerly the Marriott.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The Independent Banks of S.C. for a reception, May 10, 1994, 6:00 P.M. - 8:00 P.M. at the Summit Club.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the Governor for a reception, May 17, 1994, 6:00 P.M. - 8:00 P.M. on the Mall at the Governor's Mansion.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Department of Mental Health for a reception, May 18, 1994, 7:00 P.M. - 9:00 P.M. at the S.C. State Museum.
The invitation was accepted.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4758 -- Rep. Fulmer: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF INTERSTATE I-526 BETWEEN GENERAL WESTMORELAND BRIDGE AT THE ASHLEY RIVER AND U.S. HIGHWAY 17 THE THEODORE TOBIAS MAPPUS, JR., EXCHANGE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4429 -- Rep. McElveen: A BILL TO AMEND SECTION 23-35-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF REGULATIONS REGARDING FIREWORKS BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE THAT THE FIRE CHIEF OR HEAD OF FIRE SERVICES OF ANY COUNTY OR MUNICIPALITY TEMPORARILY MAY BAN THE USE OF FIREWORKS IN THAT JURISDICTION IF OTHERWISE PERMITTED WHEN WEATHER CONDITIONS OR OTHER CONDITIONS REQUIRE, TO PROVIDE THAT THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY MUST CONFIRM THE TEMPORARY BAN AT ITS NEXT REGULARLY SCHEDULED MEETING BY EMERGENCY ORDINANCE OR TERMINATE THE BAN, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE EMERGENCY ORDINANCE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4756 -- Reps. Waites, Inabinett, Moody-Lawrence, Graham, Whipper, Waldrop, Neilson, Scott, Snow, Shissias, Harrelson, Breeland, Govan, Neal, Corning, Rudnick, Rogers, Thomas, Riser and T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 32 SO AS TO ENACT THE "SAFE CREMATION ACT" AND TO PROVIDE FOR THE AUTHORIZATION OF, THE PROCEDURES FOR, AND REGULATION OF CREMATION; BY ADDING SECTION 17-5-305 SO AS TO REQUIRE THAT THE REMAINS OF AN UNIDENTIFIED DEAD PERSON MAY NOT BE CREMATED BUT MUST BE BURIED; TO AMEND SECTION 17-5-310, RELATING TO CREMATION PERMITS, SO AS TO PROVIDE THAT A CORONER MAY ISSUE SUCH PERMIT; AND TO AMEND SECTION 17-5-320, RELATING TO REPORTING THE ABSENCE OF AN INVESTIGATION OF VIOLENT OR SUSPICIOUS DEATHS, SO AS TO PROVIDE THAT THE REPORT MAY BE MADE TO A CORONER.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4741 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A JOINT RESOLUTION TO ESTABLISH A PILOT PROJECT FOR SCHOOL-BASED COUNSELING SERVICES.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4969 -- Reps. Lanford, Holt, Marchbanks, Inabinett, Jaskwhich, R. Smith, Haskins, Hines, Simrill, Neilson, Stone, Moody-Lawrence, Robinson, Trotter, Beatty, Farr, McMahand, Chamblee, Baker, Cato, Worley, Huff, Stoddard, Riser, Davenport, Breeland, McTeer, Byrd, Govan, D. Smith, Whipper, Wright, Richardson, Koon, McLeod, and Thomas: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 1993-94 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, COLD, OR INCLEMENT WEATHER ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 5027 -- Reps. Breeland, Waldrop, Holt, Hallman, Inabinett, Fulmer, Jaskwhich, J. Bailey, Spearman, Govan, McMahand, Scott, Whipper, White, Kennedy, Law, Anderson, Williams, G. Bailey, Hines, Phillips, Harrell, Byrd, Keyserling, J. Brown and Canty: A BILL TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR CERTAIN OPTIONS WHICH MUST BE OFFERED TO A STUDENT WHO HAS EXITED THE SCHOOL SYSTEM AT THE END OF THE TWELFTH GRADE WITHOUT HAVING PASSED THE EXIT EXAM, INCLUDING A REQUIREMENT THAT A SUMMER TESTING OF THE EXIT EXAM FOLLOWING A SUMMER REMEDIATION PROGRAM MUST BE OFFERED TO THESE STUDENTS.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4932 -- Reps. Jaskwhich, Phillips, Allison, Farr, Wright, Keegan, Kelley, Stille, Littlejohn, Byrd, Anderson, McMahand and Stuart: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY OF MANDATORY FULL-DAY PUBLIC KINDERGARTENS IN SOUTH CAROLINA, TO PROVIDE THAT THE MEMBERSHIP OF THE COMMITTEE SHALL BE APPOINTED BY THE STATE DEPARTMENT OF EDUCATION AND SHALL INCLUDE REPRESENTATIVES OF CERTAIN PUBLIC AND PRIVATE AGENCIES AND ENTITIES, AND TO PROVIDE THAT THE COMMITTEE SHALL REPORT ITS FINDINGS TO THE RESPECTIVE EDUCATION COMMITTEES OF THE GENERAL ASSEMBLY BY MARCH 1, 1995.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4656 -- Reps. T.C. Alexander, Allison, Barber, Baxley, H. Brown, Chamblee, Davenport, Fulmer, Gonzales, Hallman, J. Harris, Harwell, Hutson, Jennings, Keyserling, Kinon, Lanford, McAbee, McKay, Rudnick, Scott, D. Smith, Stoddard, Wells, Whipper, Wright, A. Young, Stuart and Wofford: A BILL TO PROVIDE THAT EACH INSURED COVERED FOR MENTAL, EMOTIONAL, OR NERVOUS DISORDERS OR CONDITIONS MUST BE ALLOWED TO SELECT THE PHYSICIAN OR CERTAIN OTHER SPECIFIED PROVIDER TO TREAT THE DISORDER OR CONDITION, AND REQUIRE THE INSURER TO PAY THE COVERED CHARGES UP TO THE LIMITS OF COVERAGE IF THE DISORDER OR CONDITION TREATED IS COVERED BY THE INSURANCE POLICY AND THE PHYSICIAN OR OTHER SPECIFIED PROVIDER IS LICENSED BY THE STATE.
Ordered for consideration tomorrow.
The following was introduced:
H. 5080 -- Rep. Anderson: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA STATE UNIVERSITY NATIONAL ALUMNI ASSOCIATION, INC., ON ITS OUTSTANDING ACTIVITIES AND ENDEAVORS TO PROMOTE SOUTH CAROLINA STATE UNIVERSITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5081 -- Rep. Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE DR. JAMES LUTHER BULLARD AND TO EXPRESS THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR HIS DEDICATED SERVICE AND DEEDS RENDERED TO THE CITIZENS OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 5082 -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE THE DREHER HIGH SCHOOL GIRLS' VARSITY BASKETBALL TEAM UPON WINNING THE 1994 CLASS AAA STATE CHAMPIONSHIP AND TO GRANT COACH JOE SOLTISH AND THE LADY BLUE DEVILS' CAPTAIN THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 21, 1994, AT A TIME TO BE DETERMINED BY THE SPEAKER.
Whereas, the members of the General Assembly were delighted to learn that the Dreher High School Girls' Basketball Team recently won the 1994 Class AAA State Championship; and
Whereas, by defeating the Seneca team by a score of 55 to 40, with 26 straight wins, and finished the season 26 to 2; and
Whereas, this basketball team brought great pride not only to the students attending the school, but to the community in which it is located; and
Whereas, the hardwork and determination that these players exemplified will serve as a tribute to them in the years to come. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly congratulate the Dreher High School's Girls Varsity Basketball Team upon winning the 1994 Class AAA State Championship.
Be it further resolved that Head Coach Joe Soltish and the Lady Blue Devils' Captain be granted the privilege of the floor of the House of Representatives on Thursday, April 21, 1994, at a time to be determined by the Speaker.
Be it further resolved that a copy of this resolution be forwarded to Coach Joe Soltish and the Principal, Rae J. McPherson, of Dreher High School.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5083 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF REVEREND A. D. DENNIS, SR., PASTOR OF THE MOUNT PISGAH BAPTIST CHURCH IN REMBERT FOR THE PAST FIFTY-TWO YEARS AND PASTOR OF JOSHUA BAPTIST CHURCH IN DALZELL FOR THIRTY YEARS, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1349 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF JAMES E. MAYES OF SUMTER WHO DIED MONDAY, APRIL 4, 1994.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1352 -- Senators Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE JAMES (JIM) ROBERT MELTON, SENATE SERGEANT AT ARMS OF THE STATE OF SOUTH CAROLINA, RICHLAND COUNTY, ON BEING NAMED PRESIDENT OF THE NATIONAL LEGISLATIVE SERVICES AND SECURITY ASSOCIATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 5107 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. FRANCES DUCWORTH LYLES OF ANDERSON UPON HER DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5108 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE DR. J. J. MALNATI OF NEWBERRY FOR HIS INDUCTION INTO THE SOUTH CAROLINA DAIRY HALL OF FAME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5109 -- Reps. Spearman, McAbee, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION CONGRATULATING JIM DAVIS, HEAD COACH OF THE CLEMSON UNIVERSITY WOMEN'S BASKETBALL TEAM, ON BEING NAMED ATLANTIC COAST CONFERENCE COACH OF THE YEAR FOR 1994.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5110 -- Reps. Spearman, Riser, Sturkie, Gamble, Stuart, Wright and Koon: A CONCURRENT RESOLUTION CONGRATULATING JESSICA BARR OF LEXINGTON COUNTY, STAR PLAYER ON THE CLEMSON UNIVERSITY WOMEN'S BASKETBALL TEAM, ON BEING SELECTED AS THE ATLANTIC COAST CONFERENCE PLAYER OF THE YEAR FOR 1994.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5111 -- Reps. Wells, Allison, Vaughn, D. Smith, Davenport, Lanford, Beatty, D. Wilder, Walker and Littlejohn: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE WILLIAM J. WHITENER FOR HIS EXEMPLARY SERVICE AS INTERIM CHANCELLOR OF THE UNIVERSITY OF SOUTH CAROLINA AT SPARTANBURG FROM 1993 THROUGH JUNE, 1994.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5112 -- Rep. Boan: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CONSIDER MAINTAINING THE CURRENT ALLOCATION SYSTEM FOR THE STATE REVOLVING FUND CAPITALIZATION GRANTS WHICH IS PROPOSED TO BE CHANGED AS A PART OF S.1114 PRESENTLY PENDING BEFORE THE UNITED STATES SENATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5120 -- Rep. McAbee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF SOUTH CAROLINA HIGHWAY 23 AS "R. CLARK DUBOSE HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5084 -- Reps. Wilkins and McTeer: A BILL TO AMEND SECTION 3-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENTS AND RELATIONS WITH THE UNITED STATES GOVERNMENT, JURISDICTION OVER LANDS ACQUIRED BY THE UNITED STATES, AND SERVICE OF PROCESS, SO AS TO PROVIDE FOR CONCURRENT JURISDICTION IN AND OVER LAND ACQUIRED BY THE UNITED STATES, AS AN ALTERNATIVE TO THE ALREADY-EXISTING EXCLUSIVE JURISDICTION.
Referred to Committee on Judiciary.
H. 5085 -- Reps. T.C. Alexander and Graham: A BILL TO AMEND SECTION 17-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTRADITION, SO AS TO PERMIT EXTRADITION OF FUGITIVES IN THIS STATE WHO HAVE COMMITTED OFFENSES IN OTHER STATES INVOLVING A CHARGE OF ISSUING OR UTTERING A FRAUDULENT CHECK OR INSTRUMENT WHICH IS A FELONY UNDER THE LAWS OF THAT STATE; AND SECTION 34-11-90, AS AMENDED, RELATING TO FRAUDULENT CHECKS, SO AS TO REVISE THE COURTS WHICH HAVE JURISDICTION TO TRY CERTAIN VIOLATIONS, TO REVISE THE PENALTIES FOR CERTAIN VIOLATIONS, TO REDUCE FROM FIVE THOUSAND TO FIVE HUNDRED DOLLARS THE MINIMUM AMOUNT OF THE INSTRUMENT WHICH RESULTS IN THE OFFENSE BEING CLASSIFIED AS A FELONY, TO PROVIDE THAT THE PRESIDING JUDGE SHALL ALSO REQUIRE RESTITUTION WITHIN TEN DAYS OF THE SENTENCE IN ADDITION TO ANY OTHER PENALTIES IMPOSED, TO PROVIDE FOR THE AGGREGATION OF FRAUDULENT INSTRUMENTS WITHIN A PERIOD OF NINETY DAYS FOR PURPOSES OF JURISDICTION AND PUNISHMENT, AND TO REQUIRE UNDER CERTAIN CONDITIONS TWO TYPES OF IDENTIFICATION, ONE OF WHICH HAS THE MAKER'S OR ENDORSER'S PICTURE, FOR ANY PERSON TO CHARGE THE MAKER OR ENDORSER WITH ISSUING OR UTTERING A FRAUDULENT CHECK.
Referred to Committee on Judiciary.
H. 5086 -- Reps. D. Smith and Tucker: A BILL TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE PERSONS WHO MUST BE ADMITTED TO RECEIVE SERVICES FROM THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED PERSONS
On motion of Rep. TUCKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5087 -- Reps. Farr and P. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-300 SO AS TO AUTHORIZE THE USE OF ALL TERRAIN VEHICLES ON WILDLIFE MANAGEMENT AREA LANDS BY HANDICAPPED PERSONS AND DEFINE HANDICAPPED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 5088 -- Reps. McCraw, Phillips and Littlejohn: A BILL TO AMEND CHAPTER 71, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL BONDS, BY ADDING ARTICLE 2 SO AS TO ENACT THE SCHOOL BOND-PROPERTY TAX RELIEF ACT.
Referred to Committee on Ways and Means.
H. 5089 -- Reps. McCraw, Phillips and Littlejohn: A BILL TO ENACT THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT.
Referred to Cherokee Delegation.
H. 5090 -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4192 SO AS TO PROVIDE THAT OPEN-END PERMITS ISSUED PURSUANT TO THE PROVISIONS OF CHAPTER 5, TITLE 56 SHALL AUTHORIZE THE MOVEMENT OF MOBILE HOMES ON THE HIGHWAYS OF THIS STATE ON A SATURDAY.
Referred to Committee on Education and Public Works.
H. 5091 -- Rep. Quinn: A BILL TO PROVIDE THAT OF THE SEVEN MEMBERS OF THE TRUSTEES OF SCHOOL DISTRICT NUMBER 5 IN LEXINGTON AND RICHLAND COUNTIES, FOUR MUST RESIDE IN LEXINGTON COUNTY AND THREE MUST RESIDE IN RICHLAND COUNTY, TO PROVIDE THAT ALL MUST BE ELECTED FROM NUMBERED SEATS, DECLARE THE MOST RECENTLY FILLED SEAT FOR AN UNEXPIRED TERM BY THE LEXINGTON COUNTY BOARD OF EDUCATION VACANT AND REQUIRE THAT IT MUST BE FILLED BY A QUALIFIED ELECTOR OF RICHLAND COUNTY AT AN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION.
Referred to Committee on Education and Public Works.
H. 5092 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE (AMENDED), DESIGNATED AS REGULATION DOCUMENT NUMBER 1741, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5093 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS (AMENDED), DESIGNATED AS REGULATION DOCUMENT NUMBER 1742, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5094 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE QUAIL SEASON IN GAME ZONE 8.
On motion of Rep. RHOAD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5095 -- Reps. A. Young, Felder, Shissias and White: A BILL TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME WITHHOLDING FOR CHILD SUPPORT BY ADDING SECTIONS 20-7-1200, 20-7-1210, 20-7-1220, 20-7-1230, 20-7-1240, 20-7-1250, 20-7-1260, 20-7-1270, AND 20-7-1280, SO AS TO PROVIDE PROCEDURES FOR MEDICAL CHILD SUPPORT AND INCOME WITHHOLDING, INCLUDING PROVISIONS REQUIRED IN A COURT ORDER IF A PARENT IS REQUIRED TO PROVIDE HEALTH COVERAGE; EMPLOYERS' AND HEALTH INSURERS' OBLIGATIONS UPON RECEIPT OF AN ORDER REQUIRING A PARENT TO PROVIDE HEALTH COVERAGE, INCLUDING THE WITHHOLDING OF WAGES FOR THE COST OF HEALTH INSURANCE PREMIUMS; AUTHORITY FOR THE STATE MEDICAID AGENCY TO SEEK INCOME WITHHOLDING FOR REIMBURSEMENT FOR EXPENDITURES ON BEHALF OF A CHILD; THE PRIORITY OF MEDICAL INCOME WITHHOLDING OVER OTHER LEGAL PROCESSES; PROHIBITING AN EMPLOYER FROM TAKING ACTION AGAINST AN EMPLOYEE BECAUSE OF AN INCOME WITHHOLDING ORDER FOR HEALTH COVERAGE AND PENALTIES; BY ADDING SECTION 38-71-143 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH HEALTH INSURANCE COVERAGE MUST BE PROVIDED FOR AN ADOPTED CHILD OR A CHILD PLACED FOR ADOPTION; BY ADDING SECTION 38-71-245 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A HEALTH INSURER IS PROHIBITED FROM DENYING A CHILD ENROLLMENT IN A HEALTH PLAN; BY ADDING SECTION 38-71-250 SO AS TO REQUIRE A HEALTH INSURER TO ENROLL A CHILD AND PROVIDE COVERAGE IF THE CHILD'S PARENT IS ORDERED TO PROVIDE COVERAGE AND IS ELIGIBLE FOR FAMILY COVERAGE; BY ADDING SECTION 38-71-255 SO AS TO PROHIBIT A HEALTH INSURER FROM TREATING THE STATE MEDICAID AGENCY DIFFERENTLY FROM OTHER INDIVIDUALS IF THE AGENCY HAS BEEN ASSIGNED THE RIGHTS OF A PERSON COVERED UNDER THE INSURED'S PLAN; BY ADDING SECTION 38-71-260 SO AS TO REQUIRE A HEALTH INSURER TO PROVIDE CERTAIN INFORMATION AND RIGHTS TO A NONCUSTODIAL PARENT WHO PROVIDES COVERAGE OF THEIR CHILD THROUGH THAT INSURER; BY ADDING SECTION 38-71-265 SO AS TO PROHIBIT AN INSURER FROM CONSIDERING A PERSON'S ELIGIBILITY FOR MEDICAID WHEN ENROLLING A PERSON OR MAKING PAYMENTS UNDER ITS PLAN AND TO ASSIGN THE RIGHTS TO THE STATE FOR THIRD PARTY REIMBURSEMENT WHEN THE STATE HAS MADE PAYMENTS UNDER MEDICAID ON BEHALF OF A PERSON; AND BY ADDING SECTION 43-7-460 SO AS TO DIRECT THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO SEEK RECOVERY FROM THE ESTATE OF A PERSON FOR WHOM MEDICAL ASSISTANCE WAS PAID FOR UNDER MEDICAID AND TO PROVIDE CERTAIN CONDITIONS AND PROCEDURES FOR SEEKING THE RECOVERY; TO AMEND SECTION 43-7-410, RELATING TO DEFINITIONS PERTAINING TO REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO REVISE THE DEFINITION OF "PRIVATE INSURER"; TO AMEND SECTION 43-7-440, RELATING TO THE ENFORCEMENT AND ASSIGNMENT OF RIGHTS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND INSURANCE CONTRACT RIGHTS OF MEDICAID RECIPIENTS, SO AS TO PROHIBIT AN ISSUER FROM TAKING INTO ACCOUNT THAT AN APPLICANT IS ELIGIBLE FOR MEDICAID AND TO PROVIDE THAT THE STATE ACQUIRES THE RIGHTS OF AN INDIVIDUAL FOR MEDICAL PAYMENTS WHEN THE PERSON RECEIVED MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO AMEND SECTION 62-3-805, RELATING TO CLASSIFICATION OF CREDITORS' CLAIMS FROM A DECEDENT'S ESTATE, SO AS TO INCLUDE MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO DESIGNATE SECTIONS 20-7-1315 THROUGH 20-7-1329 AS PART II, SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 ENTITLED "INCOME WITHHOLDING TO ENFORCE SUPPORT OBLIGATIONS"; AND TO RENAME SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 "INCOME WITHHOLDING".
Referred to Committee on Judiciary.
H. 5096 -- Rep. Rudnick: A BILL TO AMEND SECTION 44-23-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MENTAL HEALTH LIENS, SO AS TO ADD A LIMITATION PROHIBITING ENFORCEMENT OF THE LIEN MORE THAN TEN YEARS AFTER ITS FILING.
Referred to Committee on Judiciary.
H. 5097 -- Rep. Tucker: A BILL TO AMEND SECTION 50-1-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF A FIREARM OR ARCHERY TACKLE WHILE HUNTING, SO AS TO REVISE PENALTIES.
Referred to Committee on Judiciary.
H. 5098 -- Reps. Rudnick, R. Smith, Huff and Stone: A BILL TO AMEND SECTION 44-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS EXEMPT FROM THE CERTIFICATE OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO PROVIDE THAT THE STATE HEALTH PLAN PREPARED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL PERMIT A HOSPITAL IN AN EMERGENCY TO PERFORM OPEN HEART SURGERY UNDER CERTAIN CONDITIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 5099 -- Rep. Tucker: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 119 SO AS TO PROVIDE FOR RESEARCH, DETECTION, CONTROL, AND ABATEMENT OF RADON BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, AND TO CREATE THE RADON TRUST FUND TO BE ADMINISTERED BY THE DEPARTMENT AND FUNDED IN PART THROUGH A SURCHARGE ON LOCAL BUILDING PERMITS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 5100 -- Reps. Townsend, P. Harris, Wells, Stoddard, Wilkins and Cooper: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, IS FURTHER AMENDED SO AS TO ADD A NEW AREA TO THE DISTRICT.
Rep. WELLS asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. TUCKER objected.
Referred to the Committee on Judiciary.
H. 5101 -- Reps. Kirsh and Houck: A BILL TO AMEND SECTIONS 59-123-40 AND 59-123-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO ADD AN AT-LARGE MEMBER TO THE BOARD AND TO REQUIRE ONE OF THE AT-LARGE MEMBERS TO BE A FAMILY PRACTICE PHYSICIAN.
Referred to Committee on Education and Public Works.
H. 5102 -- Reps. Wells and Allison: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE LOCAL CHILD PROTECTIVE AGENCY AND SECTION 20-7-680, AS AMENDED, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT CERTAIN IDENTIFYING AND STATISTICAL INFORMATION ON INDICATED CASES OF ABUSE AND NEGLECT MUST BE RETAINED IN ACCORDANCE WITH A RETENTION SCHEDULE PROMULGATED BY THE DEPARTMENT IN REGULATION RATHER THAN REQUIRING THE DEPARTMENT TO ONLY MAINTAIN THESE RECORDS FOR SEVEN YEARS.
On motion of Rep. WELLS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5103 -- Reps. Vaughn, Meacham and Simrill: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE ETHICS GOVERNMENT ACCOUNTABILITY AND REFORM ACT, SO AS TO INCLUDE WITHIN THE DEFINITION OF "PUBLIC OFFICIAL" A MEMBER OF THE JUDICIARY.
Rep. MEACHAM asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. HODGES objected.
Referred to Committee on Judiciary.
H. 5104 -- Rep. Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-45-270 SO AS TO PROVIDE THAT NO RIGHT EXISTS FOR A PHYSICAL THERAPIST TO HAVE PAID TO THEM A BENEFIT UNDER AN INSURANCE POLICY; TO AMEND SECTION 40-45-20, RELATING TO DEFINITIONS IN THE PHYSICAL THERAPY PRACTICE ACT, SO AS TO REVISE THESE DEFINITIONS; AND TO AMEND SECTION 40-45-200, AS AMENDED, RELATING TO GROUNDS FOR SUSPENSION AND REVOCATION OF REGISTRATION AND SECTION 40-45-220, RELATING TO SCOPE OF PRACTICE AND PENALTIES FOR VIOLATIONS, SO AS TO PROHIBIT "TREATING BY" RATHER THAN "PRACTICING" PHYSICAL THERAPY WITHOUT THE PRESCRIPTION OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY AND TO REVISE PENALTIES.
Rep. WALDROP asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. J. BAILEY objected.
Referred to Committee on Judiciary.
H. 5105 -- Reps. Felder, Wilkins, R. Smith, Waldrop, D. Wilder, McElveen, McKay, McTeer, D. Smith, Stoddard, Martin, McAbee, McCraw, Sturkie, Tucker, G. Bailey, Baxley, Beatty, Elliott, Hallman, Carnell, Cobb-Hunter, Harrell, Harrelson, P. Harris, J. Harris, Harvin, Harwell, Jennings, Kinon, Klauber, Meacham, Rudnick and Simrill: A BILL TO AMEND SECTION 14-1-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALARIES OF JUSTICES, JUDGES, AND SOLICITORS, SO AS TO REVISE THE SALARY STRUCTURE FOR JUDGES OF THE COURT OF APPEALS, CIRCUIT COURT, FAMILY COURT, AND SOLICITORS.
Referred to Committee on Ways and Means.
H. 5106 -- Reps. Sheheen and Marchbanks: A BILL TO AMEND SECTION 20-7-5010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND PURPOSE OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA AND SECTION 20-7-5030, RELATING TO THE BOARD OF TRUSTEES OF THE TRUST FUND, SO AS TO PROVIDE THAT THE PURPOSE OF THE FUND AND THE POWERS AND DUTIES OF THE BOARD ARE FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT RATHER THAN FOR A BROAD ARRAY OF PREVENTION AND TREATMENT PROGRAMS FOR CHILDREN.
Referred to Committee on Ways and Means.
H. 5113 -- Rep. Hodges: A BILL TO AMEND SECTION 23-31-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE REGULATIONS OF PISTOLS SO AS TO ADD CERTAIN DEFINITIONS.
Referred to Committee on Judiciary.
H. 5114 -- Reps. Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1994, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, PROVIDE THAT WHEN THE TOWN OF IRMO ANNEXES ITS TERRITORY THE PROPERTY ANNEXED SHALL AUTOMATICALLY BECOME PART OF THE IRMO FIRE DISTRICT, AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.
On motion of Rep. WRIGHT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5115 -- Rep. Boan: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
Referred to Committee on Judiciary.
H. 5116 -- Reps. Neilson, Baxley and Hines: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO DELETE THE PHILADELPHIA PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON WHICH SUCH PRECINCTS ARE SHOWN.
On motion of Rep. NEILSON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5117 -- Reps. Neilson, G. Brown, Holt, Hines, Allison, Jaskwhich and Snow: A BILL TO ENACT THE PARENTAL INVOLVEMENT AND JUVENILE RESPONSIBILITY ACT OF 1994 SO AS TO, AMONG OTHER THINGS, AMEND VARIOUS SECTIONS OF TITLE 16 AND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ACCOMPLISH THE PURPOSES OF THIS ACT.
Referred to Committee on Judiciary.
H. 5118 -- Rep. Neal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-570 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION TO INCLUDE IN ITS DRIVER'S LICENSE APPLICATIONS A STATEMENT ASKING AN APPLICANT IF THEY WISH TO BE AN ORGAN OR TISSUE DONOR AND THE DRIVER'S LICENSE MUST CONTAIN A STATEMENT INDICATING THE APPLICANT'S RESPONSE; AND TO AMEND SECTION 44-43-930, RELATING TO ORGAN AND TISSUE DONORS IN HOSPITALS, SO AS TO REQUIRE A HOSPITAL TO INQUIRE OF ALL PATIENTS BEING ADMITTED WHETHER THEY WISH TO BE AN ORGAN OR TISSUE DONOR.
Referred to Committee on Ways and Means.
H. 5119 -- Rep. Neal: A BILL TO AMEND SECTION 56-10-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING AN UNINSURED MOTOR VEHICLE, SO AS TO PROVIDE THAT UPON PROOF THAT THE PERSON HAS OBTAINED LIABILITY INSURANCE, THE PERSON'S DRIVING PRIVILEGE, LICENSE PLATES, AND REGISTRATION CERTIFICATES MAY BE RESTORED.
Referred to Committee on Education and Public Works.
H. 5121 -- Reps. Mattos, Hallman, Marchbanks, Trotter and M.O. Alexander: A JOINT RESOLUTION TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO TRANSFER CERTAIN MONIES FROM THE "SUPERB FINANCIAL RESPONSIBILITY FUND" TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL "SUPERB ACCOUNT" FOR THE PURPOSE OF MEETING THE DEPARTMENT'S OBLIGATIONS UNDER THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT.
Referred to Committee on Ways and Means.
S. 413 -- Senator Land: A BILL TO AMEND SECTION 12-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO REVISE THE REFERENCE DATE IN THE DEFINITION OF "INTERNAL REVENUE CODE"; TO AMEND SECTIONS 34-19-50, 34-19-70, 34-19-80, AND 34-19-100, RELATING TO ACCESS TO A DECEDENT'S SAFETY DEPOSIT BOX, OPENING A SAFETY DEPOSIT BOX WITH RENT IN ARREARS, SALE OF UNCLAIMED CONTENTS OF A SAFETY DEPOSIT BOX AND DESTRUCTION OF PRIVATE DOCUMENTS OF NO APPARENT VALUE, SO AS TO ALLOW MILITARY DISCHARGE PAPERS TO BE REMOVED FROM A DECEDENT'S BOX, TO PROVIDE FOR THE RELEASE OF THE BOX CONTENTS TO THE PERSONAL REPRESENTATIVE OF THE DECEDENT, AND TO DELETE REQUIRED NOTICES TO THE TAX COMMISSION FOR REMOVAL OF BOX CONTENTS, TO ALLOW A BOX TO BE OPENED FOR UNPAID RENT AFTER NINETY DAYS RATHER THAN ONE YEAR, TO ALLOW THE SALE OF UNCLAIMED CONTENTS AFTER ONE YEAR RATHER THAN TWO YEARS, AND TO ALLOW DESTRUCTION OF VALUELESS PRIVATE DOCUMENTS AFTER ONE YEAR RATHER THAN TWO YEARS; AND TO REPEAL SECTION 12-16-1520, RELATING TO THE REQUIRED NOTICE TO THE TAX COMMISSION BEFORE TRANSFER OF CERTAIN ASSETS OF DECEDENTS.
Referred to Committee on Ways and Means.
S. 1001 -- Senators Hayes and Giese: A BILL TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL DISTRICT BOARDS ARE NOT PROHIBITED FROM MAKING SCHOOL DISTRICT FACILITIES SMOKE FREE; TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT IN GOVERNMENTAL BUILDINGS BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1330 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO THE PRACTICE OF COSMETOLOGY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1729, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. WALDROP, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Barber Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Cromer Davenport Delleney Fair Farr Felder Gamble Govan Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hines Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
I came in after the roll call and was present for the Session on Thursday, April 14.
Donald W. "Don" Beatty Lindsey O. Graham Roland S. Corning Timothy F. Rogers Larry L. Elliott Alma W. Byrd Stephen E. Gonzales Richard M. Quinn, Jr.
STATEMENT RE ATTENDANCE
I was not present during the Session but arrived in time to attend the Committee meetings on Thursday, April 14.
C. Alex Harvin, III
I was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, April 13.
Morgan Martin
Announcement was made that Dr. Sutton L. Graham of Greenville, is the Doctor of the Day for the General Assembly.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.
H. 4955 -- Reps. Holt, J. Bailey, Gonzales, Barber, Whipper, Breeland, Inabinett, J. Harris, Harrell and Fulmer: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER TO A LOCAL PUBLIC ENTITY APPROVED BY THE BOARD, AN AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS FROM MONIES SET ASIDE FOR THE PATRIOT'S POINT DEVELOPMENT AUTHORITY PURSUANT TO THE PROVISIONS OF SECTION 51-13-860 OF THE 1976 CODE, AND PROVIDE THAT THESE MONIES MUST BE LOANED FOR A PERIOD NOT TO EXCEED THREE YEARS AT AN INTEREST RATE TO BE DETERMINED BY THE STATE TREASURER, WITH THE MONEY FROM THIS LOAN USED BY THE ENTITY EXCLUSIVELY FOR THE BENEFIT OF SPOLETO FESTIVAL, USA.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 5056 -- Reps. Delleney, McCraw and Wilkes: A BILL TO PROVIDE A PROCEDURE BY WHICH A BINDING REFERENDUM MAY BE INITIATED TO DETERMINE IF THE AUTHORITY OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF CHESTER TO ADOPT AN ANNUAL BUDGET AND SET TAX LEVIES FOR THE OPERATION OF THE SCHOOL DISTRICT IS DEVOLVED ON THE GOVERNING BODY OF CHESTER COUNTY.
H. 4836 -- Reps. McElveen, Neal, Shissias, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson, Wells, Boan, Hodges and Waldrop: A BILL TO ENACT THE OMNIBUS CHILD SUPPORT ENFORCEMENT ACT OF 1994 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976; TO AMEND SECTION 20-7-955, RELATING TO SETTLEMENTS AND VOLUNTARY AGREEMENTS IN PATERNITY AND CHILD SUPPORT CASES SO AS TO REQUIRE THE COURT TO APPROVE THESE AGREEMENTS UPON A FINDING OF FAIRNESS AND TO REQUIRE THAT A SUMMONS AND COMPLAINT BE FILED WITH THESE AGREEMENTS; TO AMEND SECTION 20-7-956, RELATING TO ADMISSIBLE EVIDENCE AT A PATERNITY HEARING, SO AS TO INCLUDE VOLUNTARY ACKNOWLEDGMENTS OF PATERNITY, FOREIGN PATERNITY DETERMINATIONS, PATERNITY INDICATED ON BIRTH CERTIFICATES AND TO CREATE CERTAIN PRESUMPTIONS AND REBUTTABLE PRESUMPTIONS WITH REGARD TO THIS EVIDENCE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES; TO AMEND SECTION 15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO REVISE A CROSS REFERENCE; TO PROVIDE FOR THE CONTINUED FORCE AND EFFECT OF LAWS AMENDED OR REPEALED BY THE UNIFORM INTERSTATE FAMILY SUPPORT ACT FOR CERTAIN PURPOSES; TO AMEND SECTION 43-5-220, AS AMENDED, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO PROVIDE THAT PAST DUE SUPPORT OWED THAT IS SUBJECT TO COLLECTION AND SETOFF BY THE DEPARTMENT OF REVENUE AND TAXATION INCLUDES HEALTH CARE EXPENSES; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO ITS CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT THE ASSIGNMENT OF THE RIGHT TO SUPPORT INCLUDES THE RIGHT TO HEALTH CARE EXPENSES, THAT RECEIVING MEDICAID IS CONSIDERED TO BE AN ASSIGNMENT OF THE RIGHT TO SUPPORT, AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AND DISTRIBUTE MATERIALS AND PROCEDURES TO HOSPITALS FOR USE IN OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS ON NEWBORNS; TO AMEND SECTION 44-7-320, AS AMENDED, RELATING TO GROUNDS FOR DENYING, REVOKING, OR SUSPENDING HOSPITAL LICENSES, SO AS TO PROVIDE AS AN ADDITIONAL GROUND THE FAILURE TO COMPLY WITH PROCEDURES FOR OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS; TO AMEND THE CODE BY ADDING SECTION 44-63-75 SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON BIRTH CERTIFICATES, MARRIAGE LICENSES, AND MARRIAGE CERTIFICATES; TO AMEND SECTION 44-63-165, RELATING TO AMENDMENTS TO BIRTH CERTIFICATES AFTER AN ACKNOWLEDGMENT OF PATERNITY, SO AS TO REQUIRE THE ACKNOWLEDGMENT TO BE RELEASED TO THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF ESTABLISHING PATERNITY AND A CHILD SUPPORT ORDER AND TO FURTHER PROVIDE THAT THESE ACKNOWLEDGMENTS MUST BE PROVIDED TO THE DEPARTMENT WITHOUT CHARGE; TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES SHALL RECEIVE ALL FEDERAL MATCHING FUNDS AVAILABLE FOR THE CHILD SUPPORT PROGRAM; TO DIRECT THE DEPARTMENT TO DEVELOP, IN CONJUNCTION WITH THE DEPARTMENT OF INSURANCE, A PROCEDURE FOR ATTACHING INSURANCE SETTLEMENTS FOR COLLECTING CHILD SUPPORT ARREARAGES; TO REQUIRE THE DEPARTMENT TO COLLABORATE WITH THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO UTILIZE THE COMMISSION BENEFIT INTERCEPT PROGRAM FOR WITHHOLDING CHILD SUPPORT PAYMENTS; TO REQUIRE THE DEPARTMENT IN CONJUNCTION WITH THE DEPARTMENT OF REVENUE AND TAXATION TO REVISE THE W-4 FORM TO CONTAIN INFORMATION RELATIVE TO CHILD SUPPORT OBLIGATIONS AND TO DEVELOP RECORD RETENTION PROCEDURES FOR CERTAIN INFORMATION; AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 6, Rep. FAIR having the floor.
H. 3958 -- Reps. Wright and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-5 SO AS TO PROVIDE FOR THE PURPOSES OF THE STATE ASSESSMENT EDUCATIONAL SYSTEM; TO AMEND SECTION 59-30-10, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR A REVISED STATEWIDE ASSESSMENT PROGRAM; TO AMEND SECTION 59-30-30, RELATING TO THE DUTIES OF SCHOOL BOARDS IN REGARD TO THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO REVISE THESE DUTIES IN CONFORMITY WITH THE STATEWIDE ASSESSMENT PROGRAM; AND TO AMEND SECTION 59-30-50, RELATING TO TIMETABLES IN REGARD TO BASIC SKILLS ASSESSMENT, SO AS TO PROVIDE TIMETABLES FOR THE STATEWIDE ASSESSMENT PROGRAM ABOVE ESTABLISHED.
Debate was resumed on Amendment No. 6, which was proposed on Wednesday, April 13, by Rep. WAITES.
Rep. FAIR moved to table the amendment, which was agreed to.
Rep. FAIR proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\GJK\20690SD.94), which was adopted.
Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-30-10(o) of the 1976 Code as contained in SECTION 2, by striking lines 11 through 30 on page 3958-9 and inserting:
/(o) Not cause or allow any agency to test or survey attitudes, values, beliefs, or sexual behaviors. This proscription does not apply when the parent or legal guardian of the student has given written consent for the student's attitudes, values, beliefs, or sexual behavior to be tested. Written permission is not needed, however, for course scheduling, career, or college counseling. Nothing in this section prohibits a counselor from discussing a student's circumstances with that student to determine the need for further counseling or for referring the student to another agency or counseling discipline. If a referral is made, it must be made as prescribed or proscribed by law. If extended counseling is to be done by school personnel, permission must be obtained from the parent or legal guardian of the student. Permission is not needed for the student who has been refereed to an outside agency. Permission is not needed for a counselor to meet with a student who has been determined to be in imminent danger or threat of harm.
Parental permission or notification is required for school personnel to work with those students in need of immediate conflict resolution or when the safety of the student is involved or a crime is thought to have been committed.
Psychological treatment at school may be administered only by individuals who have been licensed by the State to administer psychological treatment or certified by the State Department of Education as a School Psychologist. Such psychological treatment also must have the written permission of the parent or legal guardian of the student. Psychological treatment may not be done in groups of two or more without the written consent of the parent or legal guardian of the students involved.
Students may be withdrawn from self-esteem programs for religious reasons./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WRIGHT explained the amendment.
Rep. FAIR spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Baker Brown, H. Canty Cato Chamblee Clyborne Cooper Davenport Delleney Elliott Fair Farr Hallman Harrell Harrison Harwell Haskins Houck Huff Hutson Kelley Kinon Koon Lanford Law Littlejohn Marchbanks Meacham Neilson Phillips Richardson Riser Robinson Sharpe Simrill Smith, D. Smith, R. Stille Stone Sturkie Townsend Trotter Vaughn Walker Wells Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Anderson Askins Bailey, G. Bailey, J. Barber Baxley Breeland Brown, G. Brown, J. Carnell Cobb-Hunter Cromer Gamble Govan Harris, J. Hines Holt Inabinett Jaskwhich Jennings Keegan Kennedy Keyserling Kirsh Klauber McAbee McElveen McMahand Moody-Lawrence Neal Rhoad Rogers Rudnick Scott Sheheen Shissias Snow Spearman Stoddard Stuart Thomas Waites Waldrop White Wilder, D. Wilkes Williams
So, the amendment was adopted.
The SPEAKER granted Rep. SPEARMAN a leave of absence for the remainder of the day to attend a meeting with the American Legion in Indianapolis.
Rep. FAIR proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\GJK\20667SD.94), which was adopted.
Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-30-10 of the 1976 Code, as contained in SECTION 2, by striking on lines 36 and 40 on page 3958-2 /1, 2,/ and inserting /1, 2,/ and by striking /one, two, and/ on lines 30 and 35 on page 3958-3 and inserting /one, two, and/.
Amend the Report further, as and if amended, in Section 59-30-30 of the 1976 Code as contained in SECTION 3 by striking /1, 2,/ on line 42 on page 3958-9 and inserting /1, 2,/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. FAIR proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\GJK\20719SD.94), which was tabled.
Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-30-10 of the 1976 Code by striking /science, and social studies/ on line 34 on page 3958-3 and inserting /and science/;
Amend the Report further, as and if amended, in Section 59-30-10 of the 1976 Code by striking /science, and social studies/ on line 42 on page 3958-3 and inserting /and science/;
Amend the Report further, as and if amended, in Section 59-30-10 of the 1976 Code by striking /and Social Studies/ on line 29 on page 3958-11
Renumber sections to conform.
Amend totals and title to conform.
Rep. FAIR explained the amendment.
The SPEAKER Pro Tempore granted Reps. A. YOUNG and H. BROWN a leave of absence for the remainder of the day to attend a Best Policy Committee meeting in Charleston.
Rep. FAIR continued speaking.
Rep. MOODY-LAWRENCE moved to table the amendment, which was agreed to.
Rep. FAIR proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\GJK\20718SD.94), which was tabled.
Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-30-10(b)(2) of the 1976 Code on page 3958-3 by adding at the end of the item:
/The advice required to be given by this item cannot be construed as a mandate for a physical examination for the child./
Renumber sections to conform.
Amend totals and title to conform.
Rep. FAIR explained the amendment.
Rep. FARR moved to table the amendment, which was agreed to.
Rep. FAIR proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\GJK\20717SD).
Amend the Report of the Committee on Education and Public Works, as and if amended, by striking item (4) in Section 59-30-5 of the 1976 Code, as contained in SECTION 1, which begins on line 43 on page 3958-1;
Amend the Report further, as and if amended, by deleting /; a state model of a continuous assessment of student performance through each school year grades K-3 and criteria for districts who choose to develop their own model of continuous assessment/ in Section 59-30-10 of the 1976 Code, which begins on line 9 on page 3958-3;
Amend the Report further, as and if amended, by deleting /; and adopt the state model for K - 3 continuous assessment or submit a district model for approval to the State Board of Education through the State Department of Education/ in Section 59-30-30 of the 1976 Code which begins on line 42 on page 3958-9/;
Amend the Report further, as and if amended, by deleting item (c) in Section 59-30-50 of the 1976 Code on line 33 on page 3958-11;
Amend the Report further, as and if amended, by deleing item (c) in Section 59-30-50 which begins on line 43 on page 3958-11;
Amend the Report further, as and if amended, by deleting item (c) in Section 59-30-50 of the 1976 Code which begins on line 10 on page 3958-12.
Renumber items, subsections, and sections to conform.
Amend totals and title to conform.
Rep. FAIR explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 11, Rep. FAIR having the floor.
Rep. SHEHEEN presented to the members of the House the Camden High School Girls Volleyball team and their coach, winners of the 1993 Class AAA State Championship, and other school officials.
Rep. KLAUBER moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 5122 -- Rep. Keyserling: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A CROSSING IN BEAUFORT COUNTY AS THE "MARINE CORPS MEMORIAL CROSSING".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5123 -- Reps. Davenport, Littlejohn, Walker, Sharpe, Allison, Wells, D. Smith, Beatty, Phillips and Lanford: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ACT TO PRESERVE CONGRESSIONAL PREROGATIVES AND NATIONAL SOVEREIGNTY IN CONSIDERATION OF THE URUGUAY ROUND AGREEMENT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was received.
Columbia, S.C., April 14, 1994
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. FELDER, the invitation was accepted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5124 -- Rep. Davenport: A BILL TO ENACT THE "RELIGIOUS RIGHTS OF STUDENTS ACT OF 1994" AND TO AMONG OTHER THINGS AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ACCOMPLISH THE PURPOSES OF THIS ACT.
Referred to Committee on Education and Public Works.
H. 5125 -- Rep. Davenport: A BILL TO PROVIDE THAT BY 1998 THE STATE BUDGET AND CONTROL BOARD SHALL DEVISE AND THE GENERAL ASSEMBLY SHALL ENACT A PLAN TO INTERCEPT THE FEDERAL INDIVIDUAL AND CORPORATE INCOME TAX PAYMENTS MADE BY RESIDENTS OF THIS STATE, TO PROVIDE FOR THE DEDUCTION FROM THESE INTERCEPTED PAYMENTS OF THE COST OF UNFUNDED FEDERAL MANDATES ON THIS STATE AND POLITICAL SUBDIVISIONS OF THIS STATE, AND TO PROVIDE FOR NEGOTIATIONS WITH THE FEDERAL GOVERNMENT ON THE REMAINING BALANCE OF INTERCEPTED TAXES TO BE REMITTED TO THE FEDERAL GOVERNMENT.
Referred to Committee on Ways and Means.
H. 5126 -- Rep. Davenport: A BILL TO AMEND SECTION 43-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS OF ELIGIBILITY FOR AID TO FAMILIES WITH DEPENDENT CHILDREN, SO AS TO REQUIRE AS A CONDITION OF ELIGIBILITY THAT THE RECIPIENT REPAY AT AN INTEREST RATE OF FIVE PERCENT BENEFITS RECEIVED WHEN TWENTY-FOUR MONTHS HAVE ELAPSED SINCE THE LAST BENEFIT PAID.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 5127 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-170 SO AS TO AUTHORIZE A PERSON, COMMUNITY, MUNICIPALITY, OR COUNTY THAT IS NEGATIVELY IMPACTED ECONOMICALLY AS A RESULT OF A REGULATION MAY BRING AN ACTION BEFORE AN ADMINISTRATIVE LAW JUDGE SEEKING DECLARATORY AND INJUNCTIVE RELIEF.
Referred to Committee on Judiciary.
H. 5128 -- Rep. Davenport: A BILL TO AMEND SECTION 20-7-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE AND APPEALS PROCEDURES WHEN THE DEPARTMENT OF SOCIAL SERVICES FINDS UPON INVESTIGATION AN INDICATED CASE OF CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE THE DEPARTMENT TO NOTIFY THE SUBJECT OF THE REPORT OF THE RIGHT TO LEGAL COUNSEL.
Referred to Committee on Judiciary.
H. 5129 -- Reps. Houck, Baxley, J. Wilder, D. Wilder and Rudnick: A BILL TO AMEND ARTICLE 13, CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "LEAD POISONING PREVENTION CONTROL ACT", SO AS TO REVISE VARIOUS PROVISIONS OF THE ACT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 5130 -- Reps. Law, Williams, Wofford and H. Brown: A BILL TO AMEND ARTICLE 5, CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSE TAX ON CIGARETTES AND TOBACCO PRODUCTS, SO AS TO PROVIDE FOR PAYMENT OF THE TAX BY THE REPORTING METHOD RATHER THAN BY TAX STAMPS.
Rep. LAW asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. RHOAD objected.
Referred to Committee on Ways and Means.
H. 5131 -- Rep. Hallman: A BILL TO AMEND SECTION 51-13-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO ALLOW THE AUTHORITY TO ESTABLISH FOR-PROFIT OR NOT-FOR-PROFIT CORPORATIONS AS THE AUTHORITY CONSIDERS NECESSARY TO CARRY OUT THE PURPOSES OF ARTICLE 11, CHAPTER 13 OF TITLE 51, PROVIDE THAT OFFICIALS OR EMPLOYEES OF THE AUTHORITY MAY ACT AS OFFICIALS OR EMPLOYEES WITHOUT ADDITIONAL COMPENSATION OF SUCH CORPORATIONS, AND PROVIDE THAT SUCH CORPORATIONS MUST BE CONSIDERED "PUBLIC PROCUREMENT UNITS" FOR PURPOSES OF ARTICLE 19, CHAPTER 35 OF TITLE 11; AND TO AMEND THE 1976 CODE BY ADDING SECTION 51-13-775 SO AS TO PROVIDE THAT ALL PATRIOT'S POINT DEVELOPMENT AUTHORITY FUNDS ON DEPOSIT WITH THE STATE TREASURER SHALL ACCRUE INTEREST FOR THE BENEFIT OF THE AUTHORITY, AND EMPOWER THE AUTHORITY TO USE AND EXPEND THE INTEREST AND ALL OTHER AUTHORITY FUNDS ON DEPOSIT FOR ANY PURPOSE THE AUTHORITY CONSIDERS EXPEDIENT OR NECESSARY WITHOUT HAVING FIRST TO OBTAIN APPROVAL OR PERMISSION.
Referred to Committee on Ways and Means.
H. 5132 -- Reps. Harwell, G. Brown, Hines, Neilson, Kinon and Hodges: A BILL TO AMEND SECTION 44-113-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONS UNDER WHICH A HEALTH CARE PROVIDER MAY REFER A PATIENT TO AN ENTITY IN WHICH THE HEALTH CARE PROVIDER IS AN INVESTOR, SO AS TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO HEALTH CARE PROVIDERS WHO ARE PERSONALLY INVOLVED IN THE PROVISION, SUPERVISION, OR DIRECTION OF CARE TO THEIR PATIENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 5133 -- Rep. J. Brown: A JOINT RESOLUTION TO REQUIRE THE HUMAN RESOURCES COORDINATING COUNCIL, IN COOPERATION WITH THE BUDGET AND CONTROL BOARD'S OFFICE OF HUMAN RESOURCES, TO SUBMIT TO THE GENERAL ASSEMBLY A PLAN FOR THE TRAINING OF STATE EMPLOYEES TO DELIVER CERTAIN SERVICES EFFICIENTLY, COST-EFFECTIVELY, AND CROSS-CULTURALLY AND REPORT ANNUALLY ON THE IMPLEMENTATION OF THIS JOINT RESOLUTION.
Referred to Committee on Ways and Means.
H. 5134 -- Rep. Wilkins: A BILL TO AMEND SECTION 5-3-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERNATE METHOD OF ANNEXATION WHEN AN ENTIRE AREA PROPOSED TO BE ANNEXED IS OWNED BY THE FEDERAL OR STATE GOVERNMENT, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION MUST BE MET BEFORE ANY AREA OWNED BY THE FEDERAL OR STATE GOVERNMENT IS ANNEXED; TO AMEND SECTION 5-3-150 RELATING TO THE METHOD OF ANNEXATION BY WHICH SEVENTY-FIVE PERCENT OF THE FREEHOLDERS OWNING SEVENTY-FIVE PERCENT OF THE ASSESSED VALUE MAY SIGN A PETITION REQUESTING AREA TO BE ANNEXED TO A MUNICIPALITY, SO AS TO PROVIDE THAT AREA BELONGING TO THE FEDERAL OR STATE GOVERNMENT MAY BE ANNEXED UTILIZING THE PROVISIONS OF THE SECTION, AND TO PROVIDE THAT ANY REAL PROPERTY OWNED BY A GOVERNMENTAL ENTITY AND LEASED TO ANY OTHER ENTITY PURSUANT TO A FEE IN LIEU OF TAXES TRANSACTION PURSUANT TO THE PROVISIONS OF SECTIONS 4-29-67 OR 4-29-69 IS CONSIDERED TO HAVE AN ASSESSED VALUATION EQUAL TO THE ORIGINAL COST TO THE REAL PROPERTY, AND TO PROVIDE THAT THE LESSEE OF REAL PROPERTY PURSUANT TO A FEE IN LIEU OF TAXES TRANSACTION IS THE FREEHOLDER WITH RESPECT TO THE PROPERTY, AND TO PROVIDE THAT FOR PURPOSES OF THIS SECTION, ANY REAL PROPERTY INCLUDED WITHIN A MULTI-COUNTY PARK PURSUANT TO THE PROVISIONS OF SECTION 4-1-170 IS CONSIDERED TO HAVE THE SAME ASSESSED VALUATION THAT IT WOULD HAVE IF THE MULTI-COUNTY PARK DID NOT EXIST.
Referred to Committee on Judiciary.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 11, Rep. FAIR having the floor.
H. 3958 -- Reps. Wright and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-5 SO AS TO PROVIDE FOR THE PURPOSES OF THE STATE ASSESSMENT EDUCATIONAL SYSTEM; TO AMEND SECTION 59-30-10, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR A REVISED STATEWIDE ASSESSMENT PROGRAM; TO AMEND SECTION 59-30-30, RELATING TO THE DUTIES OF SCHOOL BOARDS IN REGARD TO THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO REVISE THESE DUTIES IN CONFORMITY WITH THE STATEWIDE ASSESSMENT PROGRAM; AND TO AMEND SECTION 59-30-50, RELATING TO TIMETABLES IN REGARD TO BASIC SKILLS ASSESSMENT, SO AS TO PROVIDE TIMETABLES FOR THE STATEWIDE ASSESSMENT PROGRAM ABOVE ESTABLISHED.
Rep. FAIR relinquished the floor.
Rep. RICHARDSON moved to adjourn debate upon the Bill until Tuesday, April 19.
Rep. FARR moved to table the motion, which was not agreed to by a division vote of 19 to 54.
The question then recurred to the motion to adjourn debate, which was agreed to.
Rep. WRIGHT moved to adjourn debate upon the following Bill until Thursday, April 21, which was adopted.
H. 4838 -- Reps. Quinn, Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO REDESIGNATE THE BOUNDARIES OF THE DISTRICT, PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1994, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, PROVIDE THAT WHEN THE TOWN OF IRMO ANNEXES ITS TERRITORY THE PROPERTY ANNEXED SHALL AUTOMATICALLY BECOME PART OF THE IRMO FIRE DISTRICT, AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.
Rep. MARCHBANKS moved to adjourn debate upon the following Joint Resolution until Thursday, April 21, which was adopted.
H. 4858 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE LANDFILL OPERATOR'S CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1661, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MARCHBANKS moved to adjourn debate upon the following Joint Resolution until Thursday, April 21, which was adopted.
H. 4859 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
S. 88 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 44-41-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING ABORTIONS, SO AS TO CHANGE A REFERENCE IN THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-41-70, RELATING TO REGULATIONS FOR CERTIFICATION OF HOSPITALS AND OTHER FACILITIES, SO AS TO INCLUDE FACILITIES IN WHICH FIRST TRIMESTER ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-93-100, RELATING TO EXCEPTIONS TO THE EXEMPTION OF SMALL QUANTITY GENERATORS FROM THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO REQUIRE THESE GENERATORS TO MANAGE FETAL REMAINS IN ACCORDANCE WITH THE REQUIREMENTS FOR PATHOLOGICAL WASTE.
Rep. CORNING moved immediate cloture on the entire matter.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
Immediate cloture was invoked by a division vote of 55 to 37.
Rep. RUDNICK objected to the Bill.
Rep. WILLIAMS moved that upon the completion of the Ratification of Acts, the House stand adjourned.
Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Bailey, J. Baxley Breeland Canty Chamblee Cobb-Hunter Elliott Farr Hines Hodges Houck Inabinett Kennedy Keyserling Kirsh Martin Mattos McKay McLeod McMahand Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Rudnick Snow Stille Sturkie Thomas Townsend Waldrop White Wilder, J. Williams
Those who voted in the negative are:
Alexander, T.C. Allison Bailey, G. Baker Carnell Cato Clyborne Cooper Corning Davenport Delleney Felder Gamble Gonzales Govan Harrell Harrelson Harris, J. Harrison Harwell Haskins Huff Hutson Keegan Kelley Kinon Klauber Koon Lanford Law Littlejohn Marchbanks McAbee McCraw McTeer Meacham Quinn Robinson Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stoddard Stone Stuart Trotter Tucker Vaughn Waites Walker Wells Wilder, D. Witherspoon Wofford
So, the House refused to adjourn.
Reps. WHITE, WILLIAMS, KEYSERLING, CORNING, QUINN and McMAHAND objected to the Bill.
The following Bill was taken up.
H. 4884 -- Rep. McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-93-165 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ESTABLISH AN INFECTIOUS WASTE PROGRAM FUND TO CARRY OUT THE DEPARTMENT'S RESPONSIBILITIES UNDER THE INFECTIOUS WASTE MANAGEMENT ACT; TO AMEND SECTION 44-93-160, AS AMENDED, RELATING TO FEES ON TREATMENT OF INFECTIOUS WASTE, SO AS TO REDUCE THE FEE FROM THIRTY DOLLARS TO TWENTY-FIVE DOLLARS A TON ON ALL WASTE AND TO REMOVE THE FEE DIFFERENTIAL BETWEEN IN-STATE AND OUT-OF-STATE; TO AMEND SECTION 44-93-170, AS AMENDED, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT FEES REMAINING AFTER THE FUNDING OF THE INFECTIOUS WASTE PROGRAM FUND MUST BE DEPOSITED IN THE INFECTIOUS WASTE MANAGEMENT FUND.
Rep. ELLIOTT objected to the Bill.
Rep. STURKIE moved to adjourn debate upon the Bill until Thursday, April 21.
Rep. McTEER moved to table the motion, which was not agreed to by a division vote of 34 to 35.
The question then recurred to the motion to adjourn debate, which was agreed to.
The following Bill was taken up.
H. 4818 -- Rep. Hodges: A BILL TO AMEND SECTION 1-3-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR FILLING VACANCIES IN AN OFFICE OF THE EXECUTIVE DEPARTMENT BY APPOINTMENT UNDER CERTAIN CONDITIONS, SO AS TO EXCLUDE THE OFFICE OF LIEUTENANT GOVERNOR BECAUSE THE MANNER IN WHICH VACANCIES IN THIS OFFICE ARE FILLED ARE PROVIDED FOR IN OTHER PROVISIONS OF LAW; SECTION 1-7-920, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO CORRECT A REFERENCE TO A REPRESENTATIVE ON THE COMMISSION FROM THE DEPARTMENT OF PUBLIC SAFETY; SECTION 1-11-310, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 1-19-60, RELATING TO THE COMPOSITION OF THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE THAT ONE OF THE GUBERNATORIAL APPOINTEES MAY BE THE DIRECTOR OF THE DEPARTMENT OF COMMERCE OR HIS DESIGNEE RATHER THAN A MEMBER OF THE STATE DEVELOPMENT BOARD; SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CORRECT A REFERENCE TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 1-30-35, RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 1-30-65, RELATING TO THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO CORRECT CERTAIN REFERENCES TO THE PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS UNDER THE DEPARTMENT; SECTION 1-30-85, RELATING TO THE DEPARTMENT OF PROBATION, PARDON AND PAROLE, SO AS TO CORRECT THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; TO AMEND SECTION 2-7-73, AS AMENDED, RELATING TO LEGISLATIVE ENACTMENTS AND THE REQUIREMENT THAT BILLS AND RESOLUTIONS MANDATING HEALTH INSURANCE COVERAGE MUST HAVE FISCAL IMPACT STATEMENTS, SO AS TO DELETE CERTAIN LANGUAGE WHICH PREVIOUSLY REFERRED TO THE FORMER "CHIEF INSURANCE COMMISSIONER"; SECTION 2-13-190, RELATING TO THE DISTRIBUTION OF THE ANNUAL ACTS AND JOINT RESOLUTIONS OF THE GENERAL ASSEMBLY, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE ACTS AND JOINT RESOLUTIONS ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-13-240, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE CODES ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-19-10, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO REFER TO AN EXCEPTION CONTAINED IN THE RESTRUCTURING ACT PERTAINING TO THE ELECTION OF MEMBERS OF THE PUBLIC SERVICE COMMISSION; SECTION 4-10-65, RELATING TO THE DISTRIBUTION OF UNIDENTIFIED LOCAL SALES AND TAX REVENUES, SO AS TO CHANGE A REFERENCE TO TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-29-69, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 6-19-30, RELATING TO AN ADVISORY COMMITTEE FOR STATE WATER AND SEWER AUTHORITY GRANTS, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO DELETE OBSOLETE LANGUAGE; SECTION 9-1-1535, RELATING TO RETIREMENT OF WILDLIFE CONSERVATION OFFICERS, SO AS TO REVISE THE NAMES OF THE OFFICERS, THE LAW ENFORCEMENT SECTION, AND THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 10-1-100, RELATING TO REQUIREMENTS IN STATE CONTRACTS FOR APPLICABLE POLLUTION PREVENTION AND NATURAL RESOURCE PROTECTION REQUIREMENTS, SO AS TO CONFORM A REFERENCE TO THE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 11-9-825, AS AMENDED, RELATING TO ADDITIONAL STAFF FOR THE BOARD OF ECONOMIC ADVISORS, SO AS TO CONFORM THE REFERENCE TO THE CHAIRMAN OF THE DEPARTMENT OF REVENUE AND TAXATION TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE FEBRUARY 1, 1995; SECTION 12-4-340, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION TO CONTRACT WITH A COLLECTION AGENCY TO COLLECT DELINQUENT TAXES, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; SECTION 12-21-2423, RELATING TO THE TEMPORARY DEDICATION OF A PORTION OF ADMISSIONS TAX REVENUES TO THE DEVELOPMENT OF MAJOR TOURISM OR RECREATION FACILITY, SO AS TO CONFORM REFERENCES TO VARIOUS STATE AGENCIES TO THE RESTRUCTURING ACT; ARTICLE 20, CHAPTER 21, TITLE 12, THE VIDEO GAME MACHINES ACT, SO AS TO CONFORM REFERENCES IN THE ARTICLE TO THE SOUTH CAROLINA TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 12-21-2720, AS AMENDED, RELATING TO FEES FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO CONFORM REFERENCES TO TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-21-2738, AS AMENDED, RELATING TO THE PENALTIES FOR VIOLATION OF THE COIN-OPERATED DEVICE LICENSING LAWS, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; SECTION 19, PART II, ACT 164 OF 1993, RELATING TO REFERENDUMS FOR THE CONTINUATION OF PAYOUTS FOR VIDEO POKER MACHINES, SO AS TO CONFORM REFERENCES TO TAX COMMISSION TO THE RESTRUCTURING ACT; SECTIONS 12-21-5020, 12-21-5030, 12-21-5040, 12-21-6010, 12-21-6040, AND 12-21-6050, RELATING TO THE MARIJUANA AND CONTROLLED SUBSTANCE TAX ACT, SO AS TO CHANGE REFERENCES TO THE TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-27-390, AS AMENDED, RELATING TO THE DISTRIBUTION TO COUNTIES OF A PORTION OF GASOLINE TAXES THROUGH THE WATER RECREATIONAL RESOURCES FUND, SO AS TO CHANGE REFERENCES TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE JULY 1, 1994; SECTION 12-27-400, AS AMENDED, RELATING TO THE USE OF "C" FUNDS, SO AS TO CONFORM REFERENCES TO STATE AGENCIES TO THE RESTRUCTURING ACT; SECTION 12-27-1270, AS AMENDED, RELATING TO THE PORTION OF THE SHIMS GASOLINE TAX REVENUES SET ASIDE IN THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO CONFORM THE REFERENCE TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO THE APPROPRIATE DIVISION OF THE DEPARTMENT OF COMMERCE AND TO DELETE AN OBSOLETE PROVISION; SECTION 12-36-2570, AS AMENDED, RELATING TO THE TIME OF PAYMENT OF SALES AND USE TAX, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 12-36-2610, AS AMENDED, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES TAX, SO AS TO CONFORM REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND THE DEPRECIATION SCHEDULE FOR MANUFACTURING MACHINERY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-53-220, AS AMENDED, RELATING TO TAX COLLECTION AND POSTING OF BONDS FOR JEOPARDY ASSESSMENTS, SO AS TO CORRECTLY SET FORTH THE NAME OF THE DEPARTMENT OF INSURANCE OF SOUTH CAROLINA; SECTIONS 12-54-1010 AND 12-54-1020, RELATING TO THE REVOCATION OF PROFESSIONAL AND BUSINESS LICENSES BY THE SOUTH CAROLINA TAX COMMISSION FOR FAILURE TO MAKE TAX RETURNS AND PAY TAXES, SO AS TO CONFORM REFERENCES TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 13-17-40, RELATING TO THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO CORRECT A REFERENCE TO THE FORMER CHAIRMAN OF THE STATE DEVELOPMENT BOARD; SECTION 15-9-285, AS AMENDED, RELATING TO SUMMONSES, ORDERS OF PUBLICATION, AND SERVICE OF PAPERS GENERALLY AND SERVICE ON AN UNAUTHORIZED INSURER, SO AS TO DELETE REFERENCES TO CHIEF INSURANCE COMMISSIONER AND HIS SUCCESSORS IN OFFICE AND SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION 16-3-1260, RELATING TO REIMBURSEMENT FOR PAYMENT FROM VICTIM'S COMPENSATION FUND, SO AS TO CHANGE THE NAME OF CERTAIN DEPARTMENTS; SECTION 16-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO CHANGE THE NAME OF THE BOARD OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-17-100, RELATING TO THE TRANSFER OF WRIT OF HABEAS CORPUS PETITIONS TO THE COURT IN THE COUNTY WHERE THE PRISONER IS LOCATED, SO AS TO CHANGE THE NAME OF THE BOARD OF CORRECTIONS; SECTION 17-22-120, AS AMENDED, RELATING TO INDIVIDUAL INTERVENTION AGREEMENTS ENTERED INTO BY A DEFENDANT AND THE SOLICITOR IN A PRETRIAL INTERVENTION PROGRAM, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 17-25-80, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS REGARDING HARD LABOR, SO AS TO CHANGE THE NAME OF THE COMMISSIONER; SECTION 17-25-145, RELATING TO IMPLEMENTATION OF COMMUNITY PENALTIES PROGRAM, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-25-370, RELATING TO EXECUTION OF DEATH SENTENCE, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-380, RELATING TO COPIES AND FORM OF NOTICE OF DEATH PENALTY, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-400, RELATING TO SERVICE OF NOTICE ON PRISONER, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 20-7-690, RELATING TO CONFIDENTIALITY OF DEPARTMENT OF SOCIAL SERVICES RECORDS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 20-7-2020, RELATING TO APPROVAL OF AGREEMENTS UNDER THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-2340, RELATING TO ADOPTION FEES ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE AUTHORITY TO ESTABLISH THESE FEES; SECTION 20-7-2379, AS AMENDED, RELATING TO THE DIVISION FOR REVIEW OF FOSTER CARE OF CHILDREN, SO AS TO DELETE THE INAPPLICABLE PROVISION FOR THE DIVISION DIRECTOR'S SALARY; SECTION 20-7-2640, AS AMENDED, RELATING TO THE INTERSTATE COMPACT FOR ADOPTION AND MEDICAL ASSISTANCE, MEDICAL ASSISTANCE IDENTIFICATION, BENEFITS, AND EXCEPTIONS, SO AS TO CLARIFY THAT DEPARTMENT AS USED IN SUBSECTION (C) MEANS THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 20-7-5910, RELATING TO THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO REVISE THE NAMES OF CERTAIN STATE AGENCIES AND THE TITLES OF CERTAIN ADMINISTRATIVE HEADS OF STATE AGENCIES; SECTION 23-4-20, RELATING TO CRIMINAL JUSTICE COMMITTEES AND PROGRAMS OF THE OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION OF PUBLIC SAFETY PROGRAMS REFERRED TO IN THIS SECTION MEANS THE DEPARTMENT OF PUBLIC SAFETY RATHER THAN OF THE OFFICE OF THE GOVERNOR; SECTION 23-4-110, RELATING TO THE GOVERNOR'S COMMITTEE ON CRIMINAL JUSTICE, CRIME AND DELINQUENCY, SO AS TO CONFORM THE MEMBERSHIP OF THE COMMITTEE TO THE REVISIONS OF THE RESTRUCTURING ACT; SECTION 23-4-520, RELATING TO THE DUTIES OF THE GOVERNOR'S OFFICE OF CRIMINAL JUSTICE PROGRAMS, SO AS TO CORRECT A REFERENCE TO THE FORMER DEPARTMENT OF YOUTH SERVICES; SECTION 23-6-420, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, SO AS TO REVISE THE JOB TITLE OF A MEMBER OF THE COUNCIL FROM THE DEPARTMENT OF NATURAL RESOURCES AND TO FURTHER PROVIDE FOR THE TERMS OF OFFICE OF CERTAIN MEMBERS OF THE COUNCIL; SECTION 23-6-490, RELATING TO PATROLLING OF A MUNICIPAL AREA WHILE ITS SOLE LAW ENFORCEMENT OFFICER IS ATTENDING REQUIRED TRAINING, SO AS TO DELETE A REFERENCE IN THE SECTION TO A PROVISION OF LAW WHICH HAS BEEN REPEALED; SECTION 23-9-10, AS AMENDED, RELATING TO THE STATE FIRE MARSHAL, SO AS TO CORRECT AN INTERNAL CODE SECTION REFERENCE; SECTION 23-11-110, AS AMENDED, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO CORRECT A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE TRAINING COUNCIL; TO REPEAL SECTION 356, ACT 181 OF 1993 WHICH AMENDS A CERTAIN PORTION OF SECTION 23-23-30(A)(4) AS THIS SECTION WAS REPEALED ELSEWHERE IN THE RESTRUCTURING ACT; SECTION 24-13-730, RELATING TO PROGRAM CHANGES SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY, SO AS TO REVISE CODE SECTIONS; SECTION 24-21-300, RELATING TO CITATION AND AFFIDAVIT OF PERSON RELEASED, SO AS TO CHANGE THE REFERENCE OF "PRISON OVERCROWDING POWERS ACT" TO OFFENDER MANAGEMENT SYSTEM ACT AND TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-30, RELATING TO ELIGIBILITY TO PARTICIPATE IN THE OFFENDER MANAGEMENT SYSTEM, SO AS TO CHANGE THE REFERENCE OF THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-150, RELATING TO FUNDING REQUIRED, SO AS TO CHANGE THE REFERENCE OF COMMISSION TO DIRECTOR; SECTION 24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-26-10, RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CORRECT REFERENCES TO CERTAIN NONVOTING MEMBERS OF THE COMMISSION; SECTION 25-19-20, RELATING TO THE PRISONER OF WAR COMMISSION, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS' AFFAIRS TO CONFORM TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 31-13-30, RELATING TO MEMBERSHIP ON THE SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 31-17-330, RELATING TO EXCEPTIONS FOR MOBILE HOME LICENSES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE AND TAXATION; SECTION 33-14-210, RELATING TO ADMINISTRATIVE DISSOLUTION OF A CORPORATION BY THE SECRETARY OF STATE, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 33-39-250, RELATING TO THE POWERS OF COUNTY BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 37-4-107, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE AND THE MAXIMUM CHARGE BY A CREDITOR FOR INSURANCE, SO AS TO DELETE A REFERENCE TO INSURANCE COMMISSIONER AND SUBSTITUTE DEPARTMENT OF INSURANCE; SECTION 37-4-108, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, INSURANCE, AND A REQUIRED REFUND OR CREDIT, SO AS TO DELETE REFERENCES TO INSURANCE COMMISSIONER AND SUBSTITUTE DEPARTMENT OF INSURANCE; SECTION 37-4-111, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, INSURANCE, AND COOPERATION BETWEEN THE ADMINISTRATOR OF THESE PROVISIONS OF LAW AND THE CHIEF INSURANCE COMMISSIONER, SO AS TO DELETE REFERENCES TO INSURANCE COMMISSIONER AND REPLACE THEM WITH APPROPRIATE REFERENCES TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; SECTION 37-4-112, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, INSURANCE, AND ADMINISTRATIVE ACTION OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO CHANGE REFERENCES TO INSURANCE COMMISSION TO DIRECTOR OF THE DEPARTMENT OF INSURANCE; SECTION 37-4-203, AS AMENDED, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, CONSUMER CREDIT INSURANCE, AND THE FILING AND APPROVAL OF RATES AND FORMS, SO AS TO DELETE REFERENCES TO INSURANCE COMMISSIONER AND REPLACE THEM WITH APPROPRIATE REFERENCES TO THE DEPARTMENT OF INSURANCE AND THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; SECTION 38-3-110, AS AMENDED, RELATING TO THE DUTIES OF THE FORMER CHIEF INSURANCE COMMISSIONER (NOW KNOWN AS THE DIRECTOR OF THE DEPARTMENT OF INSURANCE), SO AS TO MAKE A TECHNICAL CORRECTION TO THE LANGUAGE USED IN THE CODE SECTION; SECTION 38-73-1380, AS AMENDED, RELATING TO PRIVATE PASSENGER AUTOMOBILE INSURANCE, APPROVAL OF FINAL RATE OR PREMIUM CHARGE, AND APPROVAL OF EXPENSE COMPONENT, SO AS TO DELETE AN INCORRECT REFERENCE TO "THE DIVISION" AND SUBSTITUTE A REFERENCE TO "THE DEPARTMENT", MEANING THE DEPARTMENT OF INSURANCE; SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO ELIMINATE AN UNNECESSARY REQUIREMENT THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE ACT THROUGH THE DEPARTMENT IN PERFORMING A CERTAIN FUNCTION; SECTION 38-81-270, AS AMENDED, RELATING TO THE LEGAL PROFESSIONAL LIABILITY INSURANCE JOINT UNDERWRITING ASSOCIATION AND THE GATHERING OF DATA, SO AS TO DELETE A REFERENCE TO DEPARTMENT (MEANING THE DEPARTMENT OF INSURANCE) AND SUBSTITUTE DIRECTOR (MEANING DIRECTOR OF THE DEPARTMENT OF INSURANCE); SECTION 38-87-40, AS AMENDED, RELATING TO INSURANCE, OUT-OF-STATE CHARTERED RISK RETENTION GROUPS, AND REQUIREMENTS FOR DOING BUSINESS IN THE STATE, SO AS TO CHANGE CERTAIN REFERENCES AS A RESULT OF GOVERNMENT RESTRUCTURING; CHAPTER 23 OF TITLE 39, AS AMENDED, RELATING TO ADULTERATED, MISBRANDED, OR NEW DRUGS AND DEVICES, SO AS TO CONFORM THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 40-15-210, AS AMENDED, RELATING TO THE AUTHORITY OF A PERSON WHOSE LICENSE OR REGISTRATION CERTIFICATE TO PRACTICE DENTISTRY, DENTAL HYGIENE, OR PERFORM DENTAL TECHNOLOGICAL WORK HAS BEEN SUSPENDED OR REVOKED PURSUANT TO THE PROVISIONS OF ARTICLE 5, CHAPTER 23 OF TITLE 1 (ADMINISTRATIVE LAW JUDGE DIVISION), SO AS TO REENACT THE CRIMINAL PENALTY PROVISIONS WHICH WERE INADVERTENTLY OMITTED BY ACT 181 OF 1993 (RESTRUCTURING); SECTION 40-25-40, AS AMENDED, RELATING TO RECOMMENDATIONS FOR MEMBERSHIP ON THE COMMISSION OF HEARING AID SPECIALISTS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 40-35-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO CHANGE REFERENCES IN THE DEFINITION OF "QUALIFIED MENTAL RETARDATION PROFESSIONAL" FROM THE SOUTH CAROLINA DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-35-140, AS AMENDED, RELATING TO THE REQUIREMENT THAT HABILITATION CENTERS FOR THE MENTALLY RETARDED MUST BE UNDER THE SUPERVISION OF A LICENSED NURSING HOME ADMINISTRATOR, SO AS TO CHANGE A REFERENCE FROM THE DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-47-140, AS AMENDED, RELATING TO MINIMUM STANDARDS TO BE OBTAINED ON EXAMINATION REQUIRED BY THE BOARD OF MEDICAL EXAMINERS, SO AS TO CHANGE A REFERENCE FROM THE STATE MENTAL RETARDATION DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-73-15, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO FURTHER PROVIDE FOR CERTAIN OF THESE PROFESSIONS AND OCCUPATIONS; SECTIONS 41-10-70, 41-10-80, 41-10-90, 41-10-110, 41-13-25, 41-15-320, 41-16-100, 41-16-110, 41-16-180, 41-18-40, 41-18-60, 41-18-70, 41-18-80, 41-18-100, 41-18-110, 41-18-120, 41-21-20, AS AMENDED, AND SECTIONS 41-13-20, 41-13-50, 41-13-60, 41-15-90, 41-15-100, 41-15-210 THROUGH 41-15-290, 41-15-300, 41-15-310, 41-15-520, 41-16-20, 41-16-40 THROUGH 41-16-90, 41-16-120 THROUGH 41-16-160, 41-17-10, 41-17-20, 41-17-40, 41-17-50, 41-17-60, 41-17-70, 41-18-50, 41-18-130, 41-18-150, 41-21-30, 41-21-40, 41-21-70, 41-21-80, 41-21-100, AND 41-21-110, RELATING TO THE COMMISSIONER OF LABOR, THE DEPARTMENT OF LABOR, AND VARIOUS DIVISIONS WITHIN THE DEPARTMENT, SO AS TO CONFORM THOSE REFERENCES TO THE PROVISIONS OF SECTION 977 OF ACT 181 OF 1993 (RESTRUCTURING ACT) AND DELETE OBSOLETE PROVISIONS; SECTION 41-43-40, AS AMENDED, RELATING TO THE DIRECTOR OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE CHAIRMAN OF THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-43-190, RELATING TO THE EXPORT PROGRAMS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-44-90, AS AMENDED, RELATING TO THE INCOME AND PREMIUM TAX CREDIT ALLOWED A TAXPAYER WITH A QUALIFIED INVESTMENT IN A BUSINESS RECEIVING FINANCING FROM THE PALMETTO SEED CAPITAL FUND, SO AS TO CONFORM REFERENCES TO "COMMISSION" TO THE RESTRUCTURING ACT; SECTION 42-5-60, RELATING TO INSURANCE DEEMED SUBJECT TO TITLE 42 (WORKERS' COMPENSATION) AND APPROVAL OF FORMS, SO AS TO DELETE A REFERENCE TO CHIEF INSURANCE COMMISSIONER AND SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION 42-5-130, RELATING TO THE PROCEDURE TO BE FOLLOWED UPON THE WITHDRAWAL OF A WORKERS' COMPENSATION CARRIER FROM THE STATE, SO AS TO DELETE A REFERENCE TO CHIEF INSURANCE COMMISSIONER AND SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION 42-5-230, RELATING TO WORKERS' COMPENSATION AND THE MANNER IN WHICH NOTICE TO THE INSURANCE CARRIER MUST BE GIVEN, SO AS TO DELETE A REFERENCE TO CHIEF INSURANCE COMMISSIONER AND REPLACE IT WITH A REFERENCE TO DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION 43-1-115, RELATING TO COUNTY DEPARTMENT OF SOCIAL SERVICES BIENNIAL PERFORMANCE AUDITS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE STATE DEPARTMENT; SECTIONS 43-7-410, 43-7-420, 43-7-430, AND 43-7-440, RELATING TO ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO DELETE REFERENCES TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND SUBSTITUTE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES; TO AMEND SECTION 43-35-310, RELATING TO THE ADULT PROTECTION COORDINATING COUNCIL, SO AS TO REVISE THE NAME OF THE MEMBER AGENCIES AND ADMINISTRATIVE TITLES; TO AMEND SECTION 44-1-50, RELATING TO THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL HEARING APPEALS FROM THE DECISIONS OF AN ADMINISTRATIVE LAW JUDGE, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 44-2-75, AS AMENDED, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1988 AND INSURANCE POOLS, SO AS TO MAKE A TECHNICAL CORRECTION WITH RESPECT TO A REFERENCE TO THE DEPARTMENT OF INSURANCE; SECTION 44-6-5, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE FOR IT DEPARTMENT UNDER THE DEFINITION OF MARKET BASKET INDEX; SECTION 44-6-60, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO REVISE THE NAMES OF THE DEPARTMENTS REPRESENTED ON THE COMMITTEE AND THE TITLES OF THE DEPARTMENT ADMINISTRATORS; SECTION 44-6-140, AS AMENDED, RELATING TO MEDICAID HOSPITAL PROSPECTIVE PAYMENT SYSTEM AND COST CONTAINMENT MEASURES, SO AS TO DELETE COMMISSION IN TWO INSTANCES AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-146, AS AMENDED, RELATING TO COUNTY ASSESSMENTS FOR INDIGENT MEDICAL CARE AND PENALTIES FOR FAILURE TO PAY ASSESSMENTS IN A TIMELY MANNER, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-170, AS AMENDED, RELATING TO THE HEALTH DATA OVERSIGHT COUNCIL, SO AS TO REVISE THE TITLES OF THE ADMINISTRATIVE HEADS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-6-520, AS AMENDED, RELATING TO THE SALE, LEASE, OR MORTGAGE OF A NURSING HOME IN RECEIVERSHIP, SO AS TO CHANGE A REFERENCE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-540, RELATING TO THE REGULATION-MAKING AUTHORITY UNDER THE "INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOME ACT", SO AS TO DELETE THE REFERENCE TO COMMISSION (MEANING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION) AND SUBSTITUTE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTIONS 44-6-720 AND 44-6-730, RELATING TO MEDICAID QUALIFYING TRUSTS, SO AS TO REVISE THE NAME OF THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-7-90, RELATING TO VIOLATIONS OF THE LAW CONCERNING MEDICAID NURSING HOME PERMITS AND PENALTIES, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF MENTAL RETARDATION; SECTION 44-7-370, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS TO THE RESIDENTIAL CARE COMMITTEE, SO AS TO REVISE THE TITLE OF THE DEPARTMENT ADMINISTRATOR; SECTION 44-23-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO MENTALLY ILL AND MENTALLY RETARDED PERSONS, SO AS TO CLARIFY THE DEFINITION OF DIRECTOR; SECTION 44-38-380, AS AMENDED, RELATING TO THE ADVISORY COUNCIL TO THE SOUTH CAROLINA HEAD AND SPINAL CORD SERVICE DELIVERY SYSTEM, SO AS TO REVISE THE NAME OF A MEMBER OF THE COUNCIL AND THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-40-60, RELATING TO SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTION 44-53-480, RELATING TO SOUTH CAROLINA LAW ENFORCEMENT DIVISION ENFORCEMENT OF CONTROLLED SUBSTANCE LAWS, SO AS CONFORM REFERENCES TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-490, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL DRUG INSPECTORS, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-500, RELATING TO THE ISSUANCE AND EXECUTION OF ADMINISTRATIVE INSPECTION WARRANTS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH RESPECT TO THE REGULATION OF CONTROLLED SUBSTANCES, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-55-120, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-56-60, AS AMENDED, RELATING TO HAZARDOUS WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-67-90, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S FUNDS FOR LITTER CONTROL RESEARCH, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 44-96-440, RELATING TO UNLAWFUL ACTS UNDER SOLID WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 48-4-10, RELATING TO THE CREATION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 48-9-1820, AS AMENDED, RELATING TO BOARDS OF ADJUSTMENT FOR SOIL AND WATER CONSERVATION DISTRICTS, SECTION 48-9-1840, AS AMENDED, RELATING TO PETITIONS FILED WITH THE BOARDS, AND SECTION 48-9-1850, AS AMENDED, RELATING TO HEARINGS AND ACTION BY THE BOARDS, SO AS TO CLARIFY REFERENCES TO THE BOARDS; SECTION 48-39-210, AS AMENDED, RELATING TO CRITICAL AREA DELINEATIONS, SO AS TO REVISE THE NAME OF THE COASTAL COUNCIL; SECTION 49-7-70, RELATING TO THE POWERS OF THE BUSHY PARK AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 50-3-510, AS AMENDED, RELATING TO THE CUTTING OF TIMBER BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-5-110, AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCE TO DIVISION TO DEPARTMENT TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 50-9-70, RELATING TO THE ESTABLISHMENT OF HUNTER EDUCATION PROGRAMS, SO AS TO REVISE THE NAME OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 50-9-470, AS AMENDED, RELATING TO TEMPORARY NONRESIDENT FISHING LICENSES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-17-730, AS AMENDED, RELATING TO THE REQUIREMENT FOR PEELER AND SOFT SHELL CRABS, SO AS TO DELETE THE REFERENCE TO MARINE RESOURCES DIVISION TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 51-3-60, RELATING TO FREE USE OF STATE PARK FACILITIES BY DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING AND THE STATE DEPARTMENT OF PARKS, RECREATION AND TOURISM; SECTION 51-13-860, RELATING TO A SPECIAL LOAN TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 53-3-100, RELATING TO THE COMMITTEE WHICH HONORS THE "SOUTH CAROLINA FAMILY OF THE YEAR", SO AS TO REVISE THE NAMES OF CERTAIN DEPARTMENTS AND COMMISSIONS ON THE COMMITTEE; SECTION 56-1-221, RELATING TO A MEDICAL ADVISORY BOARD TO THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO CONFORM REFERENCES TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTIONS 56-1-1330, AS AMENDED, RELATING TO PROVISIONAL DRIVER'S LICENSE, SO AS TO CHANGE REFERENCES FROM THE SOUTH COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; TO AMEND SECTION 56-3-1010, RELATING TO DEFINITIONS FOR REGISTRATION OF CORPORATE OWNED FLEET MOTOR VEHICLES, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE AND TAXATION; SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN VIOLATIONS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 56-10-240, AS AMENDED, RELATING TO NOTICE OF INSURANCE CANCELLATION, SO AS TO CORRECT REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND THE DEPARTMENT OF REVENUE AND TAXATION; SECTION 57-1-140, AS AMENDED, RELATING TO EXPANDING HIGHWAYS AND ROADS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTIONS 57-5-1335 AND 57-5-1340, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION REGARDING TURNPIKES, SO AS TO CHANGE REFERENCES OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-25-150, AS AMENDED, RELATING TO PERMIT FEES FOR DIRECTIONAL SIGNS, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTIONS 57-25-470 AND 57-25-680, RELATING TO COMPENSATION FOR REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-27-70, RELATING TO ACQUISITION OF LANDS FOR JUNKYARDS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; ARTICLE 3, CHAPTER 3, TITLE 58, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO DEVOLVE ITS DUTIES AND FUNCTIONS UPON THE DEPARTMENT OF PUBLIC SAFETY, STATE POLICE DIVISION; SECTION 59-23-20, RELATING TO THE AUTHORITY OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, SO AS TO CONFORM A REFERENCE TO THE ECONOMIC DEVELOPMENT COORDINATING COUNCIL TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 59-36-20, RELATING TO DEVELOPMENT OF A COMPREHENSIVE SYSTEM OF SPECIAL EDUCATION, SO AS TO REVISE THE NAME OF THE CONTINUUM OF CARE; SECTION 59-63-31, RELATING TO RESIDENCY REQUIREMENTS TO ATTEND PUBLIC SCHOOLS, SO AS TO CONFORM THE NAME OF THE DEPARTMENT OF YOUTH SERVICES TO ACT 181 OF 1993; SECTION 59-65-30, AS AMENDED, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 59-67-535, RELATING TO THE USE OF BOATS OPERATED BY THE DEPARTMENT OF EDUCATION TO TRANSPORT DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 59-111-20, AS AMENDED, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTIONS 61-1-120 AND 61-1-125, RELATING TO REQUIREMENTS FOR APPLICANTS FOR LICENSES AND PERMITS ISSUED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 61-3-425, RELATING TO THE PROHIBITION ON USING, RENEWING, OR TRANSFERRING BEER, WINE, AND ALCOHOLIC BEVERAGE LICENSES AND PERMITS WITHOUT A SIGNED STATEMENT FROM THE SOUTH CAROLINA TAX COMMISSION AND THE INTERNAL REVENUE SERVICE THAT THE APPLICANT DOES NOT OWE DELINQUENT TAXES, SO AS TO CONFORM THE REFERENCE TO TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTIONS 61-5-320 AND 61-5-360, AS AMENDED, RELATING TO THE DISBURSEMENT OF FUNDS TO COUNTIES FOR EDUCATIONAL PURPOSES RELATING TO USE OF ALCOHOLIC LIQUORS AND THE REHABILITATION OF ALCOHOLICS, DRUG ABUSERS, AND DRUG ADDICTS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOLISM AND THE COMMISSIONER OF NARCOTICS AND CONTROLLED SUBSTANCES TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 61-9-35, RELATING TO REQUIREMENTS FOR THE SALE OF BEER AND WINE AND THE RESTRICTIONS ON BEER OR BEER AND WINE PERMITTEES IN PAYING WHOLESALERS AND THE PENALTY FOR VIOLATIONS, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 61-13-590, RELATING TO THE SALE OF ALCOHOLIC BEVERAGES SEIZED IN ENFORCEMENT ACTIONS, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; AND ACT 181 OF 1993, RELATING TO THE EFFECTIVE DATES OF THE STATE GOVERNMENT RESTRUCTURING ACT, SO AS TO MAKE TECHNICAL CORRECTIONS IN REGARD TO CERTAIN EFFECTIVE DATES AND EFFECTIVE DATE REFERENCES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3340BDW.94), which was tabled.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Article 3, Chapter 9, Title 48 of the 1976 Code is amended by adding:
"Section 48-9-215. (A) The State Land Resources and Conservation Districts Advisory Council is established consisting of the five commissioners provided for in Section 48-9-225. The council members must be appointed by the Governor for four years on the recommendation of the executive committee of the South Carolina Association of Soil and Water Conservation District Commissioners and serve until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired term. A member may not succeed himself after he has served one full four-year term.
(B) The Governor shall name the chairman of the advisory council. A majority of the advisory council constitutes a quorum, and the concurrence of a majority in a matter within the council's duties is required for the matter's determination.
(C) The members of the advisory council may receive no compensation for their services on the council but may receive expenses, including travel expenses, necessarily incurred in the discharge of their duties on the council.
(D) The council shall advise the department and the division on standards, rules, regulations, or other matters related to land resources and conservation districts.
Section 48-9-225. For the purpose of selecting the five soil and water conservation district commissioners to serve as members of the advisory council, the State is divided into the following five areas:
(1) Area 1: Abbeville, Anderson, Cherokee, Greenville, Laurens, Oconee, Pickens, Spartanburg, and Union counties;
(2) Area 2: Aiken, Calhoun, Edgefield, Greenwood, Lexington, McCormick, Newberry, Richland, and Saluda counties;
(3) Area 3: Chester, Chesterfield, Darlington, Fairfield, Kershaw, Lancaster, Lee, Marlboro, and York counties;
(4) Area 4: Berkeley, Clarendon, Dillon, Florence, Georgetown, Horry, Marion, Sumter, and Williamsburg counties;
(5) Area 5: Allendale, Bamberg, Barnwell, Beaufort, Charleston, Colleton, Dorchester, Hampton, Jasper, and Orangeburg counties."
SECTION __. Section 48-9-30 of the 1976 Code, as last amended by Section 1176, Act 181 of 1993, is further amended by adding an appropriately numbered item to read:
"( ) 'State Land Resources and Conservation Districts Advisory Council' or 'advisory council' means the body created pursuant to Section 48-9-215."
SECTION __. Section 48-9-1210 of the 1976 Code, as last amended by Section 1191, Act 181 of 1993, is further amended to read:
"Section 48-9-1210. The two commissioners appointed by the board shall department, upon the recommendation of the advisory council, must be persons who are by training and experience are qualified to perform the specialized skilled services which will be required of them in the performance of their duties under this chapter."
SECTION __. Section 48-9-1230 of the 1976 Code, as last amended by Section 1191, Act 181 of 1993, is further amended to read:
"Section 48-9-1230. Except as otherwise provided in Section 48-9-1220, the term of office of each commissioner is four years, except that in newly created districts the elected commissioners' terms of office are until the next regular election is held under the provisions of Section 48-9-1220 and the first appointed commissioners must be designated to serve for terms of one and two years, respectively, from the date of their appointment. A commissioner shall hold holds office until his successor has been is elected or appointed and has qualified. Vacancies must be filled for the unexpired term. The selection of successors to fill an unexpired term, or for a full term, must be made in the same manner in which the retiring commissioners shall, respectively, have been are selected, except that in the case of. However, for a vacancy in the unexpired term of an elected commissioner, a successor may be appointed by the board department upon the recommendation of the advisory council and upon the unanimous recommendation of the remaining commissioners of the district. Any A commissioner may be removed by the board department after consultation with the advisory council upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason."
SECTION __. Section 48-9-1820 of the 1976 Code, as last amended by Section 1195, Act 181 of 1993, is further amended to read:
"Section 48-9-1820. Members of the board advisory council and the commissioners of the district shall be are ineligible to appointment as members of the board of adjustment during their tenure of such the other office. The members of the board of adjustment shall receive compensation for their services at a per diem rate to be determined by the department for time spent on the work of the board, in addition to expenses, including traveling expenses, necessarily incurred in the discharge of their duties. The commissioners shall pay the necessary administrative and other expenses of operation incurred by the board of adjustment upon the certificate of the chairman of the board."
SECTION __. Section 48-9-1840 of the 1976 Code, as last amended by Section 1196, Act 181 of 1993, is further amended to read:
"Section 48-9-1840. A land occupier may file a petition with the board of adjustment alleging that there are great practical difficulties or unnecessary hardships in the way of his carrying out upon his lands the strict letter of the land-use regulations prescribed by ordinance approved by the commissioners and praying the board to authorize a variance from the terms of the land-use regulations in the application of such the regulations to the lands occupied by the petitioner. Copies of such the petition shall must be served by the petitioner upon the chairman of the commissioners of the district within which his lands are located and upon the director of the department."
SECTION __. Section 48-9-230 of the 1976 Code is repealed.
SECTION __. The seven preceding sections take effect July 1, 1994./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment and moved to table the amendment, which was agreed to.
Rep. HODGES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7788BDW.94), which was adopted.
Amend the bill, as and if amended, by striking Section 1-30-10(A)(17), page 20, line 10, and inserting:
/(17) Department of Revenue and Taxation;/.
Amend further by striking Section 2-13-190, beginning on page 23 and line 33, and inserting:
/Section 2-13-190. Within five days after receiving such the page proofs corrected from the Code Commissioner, the Office of Legislative Printing and Information Technology Resources (LPITR) shall print the same and shall deliver as many copies to the Code Commissioner as the commissioner may order. The Code Commissioner on receipt of such these copies shall send a copy to each of the following officers: The Governor, Supreme Court Justices, Clerk of the Supreme Court, Court of Appeals Judges, Clerk of the Court of Appeals, circuit judges, circuit solicitors, county Administrative Law Judge Division judges, county solicitors, clerk of the court of each county, judge of probate of each county, Attorney General, Secretary of State, Comptroller General, Adjutant General, State Treasurer, Chief Bank Examiner, Department of the Revenue and Taxation, Director of the Department of Transportation, State Health Officer, Director of the Department of Natural Resources, Director of the Department of Public Safety, Chairman of the Public Service Commission, Commissioner of Agriculture, Director of the Department of Insurance, State Budget and Control Board, State Superintendent of Education, State Librarian, Clerk of the House of Representatives, Clerk of the Senate, Director of the South Carolina Archives Department, and the members of the General Assembly. Any magistrate may obtain a copy of advance sheets of statutes by sending his name, address, and term to the Code Commissioner./
Amend further by striking SECTION 64, beginning on page 59 and line 34, and inserting:
/SECTION 64. A. Section 23-6-420 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 23-6-420. (A) There is created a South Carolina Law Enforcement Training Council consisting of fourteen thirteen:
(1) the Attorney General of South Carolina;
(2) the Chief of the South Carolina Law Enforcement Division;
(3) the Commanding Officer of the South Carolina Highway Patrol the Director of the Department of Public Safety;
(4) the Commanding Officer of the South Carolina State Police the Director of the Department of Natural Resources;
(5) the Commanding Officer of the State Natural Resources Police;
(6) the Director of the Department of Corrections;
(7)(6) the Dean of the University of South Carolina School of Law;
(7) the special agent in charge of the Federal Bureau of Investigation, Columbia Division;
(8) one chief of police from a municipality having a population of less than ten thousand; this person to be appointed by the Governor for a term of four years;
(9) one chief of police from a municipality having a population of more than ten thousand; this person to be appointed by the Governor for a term of four years;
(10) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of less than fifty thousand; this person to be appointed by the Governor for a term of four years;
(11) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of more than fifty thousand; this person to be appointed by the Governor for a term of four years;
(12) one person employed in the administration of any municipality or holding a municipal elective office; this person to be appointed by the Governor for a term of four years;
(12) (13) one person employed in the administration of county government or elected to a county governing body; this person to be appointed by the Governor for a term of four years
(13) the special agent in charge of the Federal Bureau of Investigation, Columbia Division;
(14) the Director of the Department of Public Safety.
(B)(1) The members provided for in (1) through (6) (7) above are ex officio members with full voting rights.
(2) The members provided for in (7) (8) through (11) (13) above shall serve terms as herein provided. In the event that a vacancy arises it must be filled for the remainder of the term in the manner of the original appointment or designation.
(C) This council shall elect one of its members as chairman and one as vice-chairman; these shall serve a term of one year in this capacity and may be re-elected. The council shall meet at the call of the chairman or at the call of a majority of the members of the council, but no fewer than four times each year. The council shall establish its own procedures with respect to quorum, place, and conduct of meetings.
(D) Members of the council shall serve without compensation.
(E) A council member who terminates his holding of the office or employment which qualified him for appointment shall cease immediately to be a member of the council; the person appointed to fill the vacancy shall do so for the unexpired term of the member whom he succeeds."
B. This section takes effect July 1, 1994./
Amend further by adding appropriately numbered SECTIONS to read:
/SECTION __. Article 3, Chapter 9, Title 48 of the 1976 Code is amended by adding:
"Section 48-9-215. (A) The State Land Resources and Conservation Districts Advisory Council is established consisting of the five commissioners provided for in Section 48-9-225. The council members must be appointed by the Governor for four years on the recommendation of the executive committee of the South Carolina Association of Soil and Water Conservation District Commissioners and serve until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired term. A member may not succeed himself after he has served one full four-year term.
(B) The Governor shall name the chairman of the advisory council. A majority of the advisory council constitutes a quorum, and the concurrence of a majority in a matter within the council's duties is required for the matter's determination.
(C) The members of the advisory council may receive no compensation for their services on the council but may receive expenses, including travel expenses, necessarily incurred in the discharge of their duties on the council.
(D) The council shall advise the department and the division on standards, rules, regulations, or other matters related to land resources and conservation districts.
Section 48-9-225. For the purpose of selecting the five soil and water conservation district commissioners to serve as members of the advisory council, the State is divided into the following five areas:
(1) Area 1: Abbeville, Anderson, Cherokee, Greenville, Laurens, Oconee, Pickens, Spartanburg, and Union counties;
(2) Area 2: Aiken, Calhoun, Edgefield, Greenwood, Lexington, McCormick, Newberry, Richland, and Saluda counties;
(3) Area 3: Chester, Chesterfield, Darlington, Fairfield, Kershaw, Lancaster, Lee, Marlboro, and York counties;
(4) Area 4: Berkeley, Clarendon, Dillon, Florence, Georgetown, Horry, Marion, Sumter, and Williamsburg counties;
(5) Area 5: Allendale, Bamberg, Barnwell, Beaufort, Charleston, Colleton, Dorchester, Hampton, Jasper, and Orangeburg counties."
SECTION __. The first paragraph of Section 1-30-95 preceding item (A) of the 1976 Code, as added by Section 1, Act 181 of 1993, is amended to read:
"Department of Revenue and Taxation.
Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such the agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall must be administered as part of the Department of Revenue and Taxation to be. The department initially must be divided into divisions for Alcohol Beverage Control, Motor Vehicles, and Tax; provided, however, that. However, from July 1, 1993, until February 1, 1995, the governing authority of the department shall be is the commissioners of the Tax Commission, as constituted June 30, 1993, and thereafter after that date, pursuant to the provisions of Section 12-3-10, et seq.:"
SECTION __. Section 12-2-5 of the 1976 Code, as added by Section 100, Act 181 of 1993, is amended to read:
"Section 12-2-5. On February 1, 1995, the duties and powers given to the commissioners of the Department of Revenue and Taxation must be transferred to the director of the Department of Revenue and Taxation. When this transfer takes place, the Code Commissioner is directed to shall change all code references from commissioners of the Department of Revenue and Taxation to the director of the Department of Revenue and Taxation and to change references of 'commission' to 'department'."
SECTION ___. Chapter 25, Title 23 of the 1976 Code, as last amended by Sections 357 and 358, Act 181 of 1993, is further amended to read:
Section 23-25-10. There is hereby established the South Carolina Law Enforcement Officers Hall of Fame as a memorial to law enforcement officers killed in the line of duty and in recognition of the selfless dedication of all law enforcement officers in the day-to-day performance of their duties. The Hall of Fame shall be located on the grounds of the South Carolina Law-Enforcement Academy at Columbia.
Section 23-25-20. (A) The South Carolina Hall of Fame shall hereafter must be administered as a division of the Department of Public Safety.
(B) To plan, enact, and administer the Hall of Fame, there There is hereby created the a Law Enforcement Officers Hall of Fame Advisory Committee. The committee shall consist of the following ex officio members:
(1) the director of the Department of Public Safety, who shall serve as chairman;
(1)(2) the Chief of the South Carolina Law Enforcement Division, who shall serve as chairman;
(2) the commanding officer of the Highway Patrol and the commanding officer of the State Police;
(3) the Director of the Department of Corrections;
(4) the Secretary of the South Carolina Sheriffs' Association;
(5) the Executive Director of the South Carolina Law Enforcement Officers Association;
(6) the President of the South Carolina Police Chiefs' Association, or his designee; and
(7) a representative of the Division of Natural Resources Police, to be appointed by the Director of the Department of Natural Resources; and
(8) the Director of the Department of Public Safety.
(C) All members Members of the advisory committee may designate persons to represent them at meetings they are unable to attend.
Section 23-25-30. It shall be is the responsibility of the advisory committee created by Section 23-25-20 to plan, erect and maintain to assist the department in planning, erecting, and maintaining the Hall of Fame in the manner it shall determine appropriate but generally in accordance with the following guidelines:
(a) All officers from all agencies in the law enforcement system shall be are eligible for entry into the Hall of Fame.
(b) The names of all officers killed in the line of duty whose deaths under those circumstances can be established by creditable records shall must be entered into the Hall.
(c) Any officer who performs an act or series of acts over and above the regular call of duty may become eligible for the Hall when so elected by the advisory committee whether or not such the act or acts resulted in death or injury to the officer concerned.
(d) Any officer whose continued record of excellence over a period of years is manifestly outstanding may be elected to the Hall by the advisory committee.
(e) Suitable plaques inscribed with the names of those selected for the Hall shall must be erected.
(f) Within the limits of funds provided, the Hall of Fame shall include museum-type displays of objects and equipment of unusual interest used by law enforcement officers or otherwise related to law enforcement.
(g) Provide tours and related safety and educational programs to the public.
Section 23-25-40. The advisory committee shall establish procedures and regulations for the nomination of members of the Hall of Fame. All selections of persons for Hall of Fame membership shall must be made by a majority vote of the total membership of the advisory committee.
Meetings of the advisory committee shall must be held at least quarterly, and more frequently at the call of the chairman. The advisory committee shall establish its own rules of procedure. Members shall not receive compensation for their services with the advisory committee but shall be are allowed the usual mileage, per diem, and subsistence provided by law for boards, committees, and commissions. The advisory committee is authorized to may employ clerical assistance as the director deems considers necessary to perform its functions as prescribed in this chapter from funds made available as provided in Section 23-23-70."
SECTION __. A. Section 48-9-30 of the 1976 Code, as last amended by Section 1176, Act 181 of 1993, is further amended by adding an appropriately numbered item to read:
"( ) 'State Land Resources and Conservation Districts Advisory Council' or 'advisory council' means the body created pursuant to Section 48-9-215."
B. This section takes effect July 1, 1994.
SECTION __. A. Section 48-9-1210 of the 1976 Code, as last amended by Section 1191, Act 181 of 1993, is further amended to read:
"Section 48-9-1210. The two commissioners appointed by the board shall department must be persons who are by training and experience are qualified to perform the specialized skilled services which will be required of them in the performance of their duties under this chapter."
B. This section takes effect July 1, 1994.
SECTION __. A. Section 48-9-1230 of the 1976 Code, as last amended by Section 1191, Act 181 of 1993, is further amended to read:
"Section 48-9-1230. Except as otherwise provided in Section 48-9-1220, the term of office of each commissioner is four years, except that in newly created districts the elected commissioners' terms of office are until the next regular election is held under the provisions of Section 48-9-1220 and the first appointed commissioners must be designated to serve for terms of one and two years, respectively, from the date of their appointment. A commissioner shall hold holds office until his successor has been is elected or appointed and has qualified. Vacancies must be filled for the unexpired term. The selection of successors to fill an unexpired term, or for a full term, must be made in the same manner in which the retiring commissioners shall, respectively, have been are selected, except that in the case of. However, for a vacancy in the unexpired term of an elected commissioner, a successor may be appointed by the board department upon the unanimous recommendation of the remaining commissioners of the district. Any A commissioner may be removed by the board department upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason."
B. This section takes effect July 1, 1994.
SECTION __. A. Section 48-9-1820 of the 1976 Code, as last amended by Section 1195, Act 181 of 1993, is further amended to read:
"Section 48-9-1820. Members of the board advisory council and the commissioners of the district shall be are ineligible to appointment as members of the board of adjustment during their tenure of such the other office. The members of the board of adjustment shall receive compensation for their services at a per diem rate to be determined by the department for time spent on the work of the board, in addition to expenses, including traveling expenses, necessarily incurred in the discharge of their duties. The commissioners shall pay the necessary administrative and other expenses of operation incurred by the board of adjustment upon the certificate of the chairman of the board."
B. This section takes effect July 1, 1994.
SECTION __. A. Section 48-9-1840 of the 1976 Code, as last amended by Section 1196, Act 181 of 1993, is further amended to read:
"Section 48-9-1840. A land occupier may file a petition with the board of adjustment alleging that there are great practical difficulties or unnecessary hardships in the way of his carrying out upon his lands the strict letter of the land-use regulations prescribed by ordinance approved by the commissioners and praying the board to authorize a variance from the terms of the land-use regulations in the application of such the regulations to the lands occupied by the petitioner. Copies of such the petition shall must be served by the petitioner upon the chairman of the commissioners of the district within which his lands are located and upon the director of the department."
B. This section takes effect July 1, 1994.
SECTION __. A. Section 48-9-230 of the 1976 Code is repealed.
B. This section takes effect July 1, 1994.
SECTION ___. A. The first paragraph of Section 56-5-4160(E) of the 1976 Code, as last amended by Act 164 of 1993 and Section 1436, Act 181 of 1993, is further amended to read:
"Magistrates have jurisdiction of all contested violations of this section. All monies collected pursuant to Section 56-5-4160 must be forwarded to the department as provided for in this section. A magistrate, within forty-five days, must forward all monies collected to the department for deposit in the account established pursuant to subsection (H) state general fund. The department shall use these monies to establish and maintain an automated data base to collect, manage, and retain information required on the uniform size and weight citation, purchasing portable scales, upgrading and refurbishing existing weigh stations, including adequate night lighting for enforcement activities, and other related safety measures or training that the department considers necessary. The fine may be deposited with the arresting officer or a person the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle. If there is no conviction, the fine must be returned to the owner promptly."
B. This section takes effect July 1, 1994.
SECTION ___. Article 3, Chapter 3, Title 58 of the 1976 Code is amended to read:
Section 58-3-310. The law enforcement department Department of Public Safety of the Public Service Commission shall consist of such must appoint officers, and inspectors and agents as the commission may deem is necessary and proper for the enforcement of the Motor Vehicle Carrier Law and other related laws, the enforcement of which is devolved upon the department Department of Public Safety, State Police Division. The title of such officers, inspectors and agents shall be "Transportation Division Inspectors." The inspectors shall be commissioned by the Governor upon the recommendation of the commission. The commission may remove an inspector if it finds that he is unfit for the position.
Section 58-3-320. Each inspector shall execute a bond with a licensed surety company in the amount of not less than ten thousand dollars. The bond shall be filed with the commission and shall be conditioned for the faithful performance of his duties, for the prompt and proper accounting of funds coming into his hands and for the payment of any judgment rendered against him in any court of competent jurisdiction upon a cause of action arising out of breach or abuse of official duty or power and damages sustained by any member of the public from any unlawful act of the inspector. The coverage under the bond shall not include damage to persons or property arising out of the negligent operation of a motor vehicle. The bond may be individual, schedule or blanket, and shall be approved by the Attorney General. The premiums on the bonds shall be paid by the commission from appropriated funds.
Section 58-3-330. Before entering upon the duties of his office, each inspector shall take and subscribe before a notary public, or other officer authorized to administer an oath, an oath to faithfully perform the duties of his office and to properly execute the laws of this State.
Section 58-3-340. The inspectors shall possess and exercise all of the powers and authority held by constables at common law.
Section 58-3-350. When acting in their official capacity, inspectors shall have statewide authority for the enforcement of all motor vehicle carrier laws and related laws.
Section 58-3-360 58-3-320. Inspectors, officers, and troopers shall enforce the Motor Vehicle Carrier Law, and related laws and insure ensure that all persons violating any provision of these laws are properly prosecuted.
Section 58-3-370 58-3-330. When any a person is apprehended by an inspector or an officer upon a charge of violating the Motor Vehicle Carrier Law or related laws, the following procedure provided in Section 23-6-150 shall must be followed:.
(1) The person being charged shall be served by the arresting inspector with an official summons and arrest report. The report shall give the appropriate judicial officer jurisdiction to dispose of the case.
(2) The person being charged may deposit with the arresting inspector a sum of money not to exceed one hundred dollars as bail in lieu of being immediately brought before the magistrate or other judicial officer; provided, that an official summons and arrest report may be issued without requiring any sum of money as bail.
(3) The official summons and arrest report shall indicate the amount of bail deposited with the inspector and shall serve as a receipt for the sum.
(4) The arresting inspector shall transmit any sum of money received from the person charged to the appropriate magistrate or other judicial officer.
(5) Upon receipt of the sum of money, if any is required, as bail, the arresting inspector may release the person charged so that he may appear before the proper judicial officer at a time and place stated in, and required by, the official summons and arrest report."
SECTION ___. Notwithstanding any other provision of law, the Department of Public Safety is exempt from the requirements of Section 23-6-50 of the 1976 Code for fiscal year 1993-94.
SECTION __. References in the 1976 Code to the Director of the Department of Health and Environmental Control mean the Commissioner of the Department of Health and Environmental Control. Subject to the availability of funds, the South Carolina Code Commissioner shall change references in the 1976 Code to conform with this section.
SECTION __. References in the 1976 Code to the Department of Revenue and Taxation mean the Department of Revenue. Subject to the availability of funds, the South Carolina Code Commissioner shall change references to the Department of Revenue and Taxation in the 1976 Code to the Department of Revenue./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. WILKES a leave of absence for the remainder of the day.
Reps. TUCKER and D. SMITH proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\PT\1164DW.94), which was adopted.
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS to read:
/SECTION ___. Section 1-7-940 of the 1976 Code, as last amended by Act 347 of 1992, is further amended to read:
"Section 1-7-940. (A) The commission has the following duties:
(1) coordinate all administrative functions of the offices of the solicitors and any affiliate services operating in conjunction with the solicitors' offices;
(2) submit the budgets of the solicitors and their affiliate services to the General Assembly;
(3) encourage and develop legal education programs and training programs for solicitors and their affiliate services, organize and provide seminars to help increase the effectiveness and efficiency of the prosecution of criminal cases in this State, and act as a clearinghouse and distribution source for publications involving solicitors and their affiliate services and provide legal updates on matters of law affecting the prosecution of cases in this State;
(4) provide blank indictments for the circuit solicitors.;
(5) provide information, training, and technical assistance to the Victim/Witness Assistance units within the solicitors' offices.
(B) Nothing in this section may be construed to displace or otherwise affect the functions and responsibilities of the State Victim/Witness Assistance Program as established in Section 16-3-1410."
SECTION ___. Section 16-3-1410(A) of the 1976 Code is amended to read:
"(A) Provide information, training, and technical assistance to state and local agencies and groups involved in victim/witness and domestic violence assistance, such as the Attorney General's Office, the solicitors' offices, law enforcement agencies, judges, hospital staff, rape crisis centers, and spouse abuse shelters."
SECTION ___. Section 16-3-1410(G)(1) of the 1976 Code is amended to read:
"(1) The State Victim/Witness Program shall work with the solicitors of this State, the Attorney General's Office, and relevant professional organizations to develop guidelines for solicitors to follow in the handling of victims, to include but not be limited to:"
SECTION ___. Section 16-3-1550 of the 1976 Code is amended to read:
"Section 16-3-1550. (A) The provisions of this section govern the disposition of any offense within the jurisdiction of the General Sessions Court, excluding any crime for which a sentence of death is sought, in any case which involves an identified victim whose whereabouts are known. At the option of the solicitor, the provisions of this section may also be extended into the family court in conjunction with the prosecution of juvenile offenders.
(B) It is the responsibility of the solicitor's Victim or Witness Assistance Unit in each judicial circuit or a representative designated by the solicitor or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in general sessions court and at a parole hearing. The solicitor's office or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In those cases which the solicitor determines that there has been extensive or significant impact on the life of the victim, the Victim or Witness Assistance Unit shall assist the victim in completing the form. The victim shall submit this statement to the solicitor's office within appropriate time limits set by the solicitor to be filed in the court records by the solicitor's office so it may be available to the defense for a reasonable period of time prior to sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the solicitor shall forward a copy of the impact statement and copies of all completed Victim/Witness Notification Requests to the Department of Corrections and to the Parole and Community Corrections Board. In the case of juvenile offenders, if the solicitor so opts, a copy shall be forwarded to the appropriate office of the Department of Youth Services if the disposition of the case involves any level of supervision by that agency. Solicitors shall begin using these victim impact statements no later than January 1, 1985.
(C) The Attorney General's Office Executive Director of the Commission on Prosecution Coordination, in coordination with the solicitors, shall develop a standard form forms for the victim impact statement, and shall modify these forms as need arises. For this purpose, the Attorney General executive director may seek the assistance of any other state agency or department in developing this form. The Attorney General's office shall distribute this form to all solicitor's offices no later than November 1, 1984.
(D) The victim impact statement shall:
(1) Identify the victim of the offense;
(2) Itemize any economic loss suffered by the victim as a result of the offense;
(3) Identify any physical and psychological injury suffered by the victim as a result of the offense, along with its seriousness and permanence;
(4) Describe any changes in the victim's personal welfare or familial relationships as a result of the offense;
(5) Identify any request for psychological services initiated by the victim or the victim's family as a result of offense;
(6) Contain any other information related to the impact of the offense upon the victim; and
(7) The original of the statement must be included in the court file with one copy for the solicitor and one copy for the victim, upon request.
(E) [Reserved]
(F) No sentence may be invalidated because of failure to comply with the provisions of this section. This section must not be construed to create any cause of action for monetary damages."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. HODGES proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\GJK\20738SD.94), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ____. Article 11, Chapter 1 of Title 13 of the 1976 Code, as added by Section 248 of Act 181 of 1993, is amended to read:
Section 13-1-1710. There is hereby created the Advisory Coordinating Council for Economic Development. The membership shall consist of the Director of the Department of Commerce, the Commissioner of Agriculture, the Chairman of the South Carolina Employment Security Commission, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Chairman of the State Board for Technical and Comprehensive Education, the Chairman of the South Carolina Ports Authority, the Chairman of the South Carolina Public Service Authority, the Chairman of the South Carolina Jobs Economic Development Authority, the Chairman of the South Carolina Research Authority, the Chairman of the South Carolina Department of Revenue and Taxation, and the Chairman of the Small and Minority Business Expansion Council. The Director of the Department of Commerce shall serve as the chairman of the advisory coordinating council.
Section 13-1-1720. (A) The advisory coordinating council shall meet at least quarterly. It shall enhance the economic growth and development of the State through strategic planning and coordinating activities which must include:
(1) development and revision of a strategic state plan for economic development. "Strategic state plan for economic development" means a planning document that outlines strategies and activities designed to continue, diversify, or expand the economic base of South Carolina, based on the natural, physical, social, and economic needs of the State;
(2) monitoring implementation of a strategic plan for economic development through an annual review of economic development activities or the previous year and modifying the plan as necessary;
(3) coordination of economic development activities of member agencies of the advisory coordinating council and its advisory committees;
(4) use of federal funds, foundation grants, and private funds in the development, implementation, revision, and promotion of a strategic plan for economic development;
(5) evaluation of plans and programs in terms of their compatibility with state objectives and priorities as outlined in the strategic plan for economic development.;
(6) administration of the supplemental economic development account from highway set-aside funds as provided by law.
(B) The advisory coordinating council may not engage in the delivery of services.
Section 13-1-1730. The advisory coordinating council shall make reports to the Governor, the chairmen of the Senate Finance and House Ways and Means Committees, and the General Assembly at least annually in the Department of Commerce's annual report on the status and progress of economic development goals which have been set for the State as a part of the ongoing planning process and on the commitments, expenditures, and balance of the Economic Development Account, with appropriate recommendations.
Section 13-1-1740. (A) The advisory coordinating council shall make recommendations to the Governor, the General Assembly, and the State Budget and Control Board as to the policies and programs involved in the state's economic development it considers necessary to carry out the objectives of the strategic plan.
(B) The advisory coordinating council shall review agency requests for legislative appropriations for economic development and may make recommendations to the Budget and Control Board and the General Assembly concerning requests compatible with the objectives of the strategic plan. Nothing in this section limits an agency's direct access to the General Assembly, and comment by the advisory coordinating council is not a part of the budget process.
Section 13-1-1750. Funds for technical, administrative, and clerical assistance and other expenses of the advisory coordinating council must be provided by the member agencies. The advisory coordinating council may establish technical advisory committees in order to assist in the development of a strategic plan for economic development. The advisory coordinating council shall seek to utilize data relevant to the economic growth and development of the State which is available from the Department of Transportation, the University of South Carolina, Clemson University, and other state agencies and organizations.
Section 13-1-1760. If any provision of Sections 13-1-1710 through 13-1-1760 is in conflict with any existing provisions of law pertaining to the member agencies of the advisory coordinating council, notwithstanding the fact that the provisions of law contained in Sections 13-1-1710 through 13-1-1760 have a later effective date, the prior provision controls. Neither Sections 13-1-1710 through 13-1-1760 nor the advisory coordinating council shall infringe upon nor diminish the self-governing autonomy of the agencies involved./
/SECTION ____. The 1976 Code is amended by adding:
"Section 41-3-15. The Department of Labor, Licensing and Regulation shall provide such legal services to all divisions and components falling under its jurisdiction and purview as are now or were formerly provided by the office of the Attorney General."/
/SECTION ____. Section 57-1-110 of the 1976 Code which was repealed by Act 181 of 1993 is reenacted to read:
"Section 57-1-110. Before a county or municipal corporation municipality may accept a deed to a newly-constructed road or agree to maintain a newly-constructed road it shall obtain an affidavit from the donor and the contractor who constructed the road that all construction costs have been paid and that the road is free of all encumbrances. Provided, however, However, a county council or city council may, in its discretion, may waive the requirement of an affidavit under this section.
A donor or contractor who knowingly submits a false affidavit affirming that all construction costs have been paid for a road or that a road is free of all encumbrances, or both, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
For the purposes of this section, a 'newly-constructed road' is one which has been completed within two years of the date of the city's or county's consideration of whether to accept the deed or to maintain a newly-constructed road."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. HODGES proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\N05\7769BDW.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Section 1-30-75 of the 1976 Code, as added by Section 1, Act 181 of 1993, is further amended to read:
"Section 1-30-75. Effective on July 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such the agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in, and shall must be administered as part of the Department of Natural Resources to. The department must be initially divided initially into divisions for Geological Mapping and State Geologist, Land Resources Conservation, Water Resources, Marine Resources, Wildlife and Freshwater Fish Fisheries, and State Natural Resources Enforcement; Provided. The South Carolina Wildlife and Marine Resources Commission Board, as constituted on June 30, 1993, and thereafter after that time, under the provisions of Section 50-3-10 et. seq. shall be is the governing authority for the department:
(A)(1) Geological Mapping Survey of the Research and Statistical Services Division of the Budget and Control Board, to include the State Geologist, formerly provided for at Section 1-11-10, et seq.;
(B)(2) State Land Resources Conservation Commission, less the regulatory division, formerly provided for at Section 48-9-10, et seq.;
(C)(3) South Carolina Migratory Waterfowl Commission, formerly provided for at Section 50-11-20, et seq.;
(D)(4) Water Resources Commission, less the regulatory division, formerly provided for at Section 49-3-10, et seq.;
(E)(5) South Carolina Wildlife and Marine Resources Commission, formerly provided for at Section 50-3-10, et seq."
B. Chapter 22, Title 48 of the 1976 Code, as added by Section 1228, Act 181 of 1993, is amended to read:
Section 48-22-10. The State Geologist and South Carolina Geological Mapping Survey Division, is hereby created and shall be established under the direction of the Department of Natural Resources. The division is under the direction of the State Geologist shall who must be appointed by the Director of the Department of Natural Resources. He shall must have graduated from an accredited college or university with a full curriculum in geology and shall have had at least five years of practical work experience, academic, governmental, or industrial, in geology.
Section 48-22-20. The powers and duties provided for the State Geologist and South Carolina Geological Mapping Survey of the Division of Research and Statistical Services of the Budget and Control Board are devolved upon the Department of Natural Resources. All property, equipment and personal services monies, including all employee contributions and other fringe benefits used by the Geological Survey within the Division of Research and Statistical Services of the Budget and Control Board prior to the adoption of before this section shall be takes effect are transferred to the Department of Natural Resources. The South Carolina Geodetic Survey must remain with the Division of Research and Statistical Services as the South Carolina Geodetic Survey. All property, equipment, and personal services monies, including all employee contributions and other fringe benefits used by the Geodetic Survey, must remain with the Division of Research and Statistical Services.
Section 48-22-30. The State Geologist shall have has supervision of the entire work of the division and shall be is responsible for its accuracy.
(1) He shall:
(a) travel throughout the State so as to make himself familiar with the geology and mineral resources of each section, of the division and supervise work in progress;
(b) shall undertake such field and laboratory work as his time will permit permits;
(c) and shall perform such other duties as that properly pertain to his office.
(2) He may, As directed by the department, he may employ geologists, technicians, and such other personnel as may be necessary to conduct the objectives of the division.
Section 48-22-40. In addition to such other duties as may be assigned to it, the division shall:
(1) shall conduct field and laboratory studies in geologic reconnaissance, mapping, prospecting for mineral resources, and related gathering of surface and subsurface data. Investigative areas shall include offshore, as well as all and onshore, lands in this State.;
(2) shall provide geologic advice and assistance to other state and local governmental agencies engaged in environmental protection, or in industrial or economic development projects. In addition, the division shall must be involved actively involved in geologic aspects of regional planning and effective land use in the State.;
(3) shall encourage economic development in the State by disseminating published geologic information as bulletins, maps, economic reports, and related series, and also open-file reports, to appropriate governmental agencies and private industry. The division is further encouraged further to initiate and maintain appropriate industrial contacts, to promote both the extraction and conservation of South Carolina's earth raw materials, and their manufacture, to the economic improvement of the State.;
(4) shall provide unsolicited advice, when appropriate, to the Mining Council and its associated state regulatory agency, on geologic and related mining matters in keeping with the intent of the South Carolina Mining Act.;
(5) shall operate and maintain a central, statewide repository for rock cores, well cuttings and related subsurface samples, and all associated supplemental data. Private firms and public agencies are encouraged to notify the division prior to any before exploratory or developmental drilling and coring.;
(6) must be the state's official cooperator on topographic mapping; provided, that. The federal expenditure for such purposes shall this purpose at least must equal that of the State, and. The division may conduct cooperative work with appropriate agencies of the United States Government in its geologic activities and investigations.;
(7) shall provide a minerals research laboratory, related to the identification, extraction, and processing of industrial minerals and minerals of economic potential wherever found throughout the onshore and offshore areas of the State. The minerals research laboratory is encouraged to accept mineral research projects from South Carolina businesses or citizens on a per cost, per unit basis and to encourage expended use of the raw materials of the State. The minerals research laboratory may accept public and private gifts or funds and may enter into cooperative agreements for the purpose of applied research in the metallic and nonmetallic minerals of this State.
Section 48-22-50. The division shall maintain all unpublished information in its files which shall must be open to the public, except in cases where the investigator still has work in progress on a project leading to a publication; or where an industrial firm, interested in possibly locating in the State, asks temporary confidential status for oral and written geologic related information supplied by them or obtained on their properties. In the latter instance such the information may be held in confidence by the division for not more than one year from the date such the information was obtained.
Section 48-22-60. The division shall work impartially for the benefit of the public, and no person, firm, or governmental agency may call upon or require the State Geologist or his staff to enter upon any a special survey for his or their special benefit.
Section 48-22-70. The South Carolina Geodetic Survey established within the Division of Research and Statistical Services of the Budget and Control Board is hereby transferred to the Department of Natural Resources. The Geodetic Survey is constituted as part of the State Geologist and Geological Mapping Division. The division shall establish horizontal and vertical geodetic control within the State at a density that will effectively provide land and land-related items and records to be referenced to the national horizontal and vertical coordinate system, ensure the accuracy and integrity of new geodetic data entered into the state and national reference system, maintain geodetic files for the State, and disseminate geodetic information as necessary.
Section 48-22-80. The division, under the auspices of the department, shall have the responsibility of coordinating mapping activities in the State to ensure that mapping products are compatible with the South Carolina Coordinate System. As part of this activity, the division shall establish, develop, and promulgate standards for maps and map products to ensure quality, accuracy, and compatibility of mapping products, encourage the development of accurate mapping systems that are compatible with and suitable for incorporation into a standardized statewide mapping system, develop, maintain, and administer programs for funding qualified mapping projects, and serve as the focal point for federal, state, and local mapping programs and activities in South Carolina.
Section 48-22-90. Where county boundaries are ill-defined, unmarked, or poorly marked, the South Carolina Geodetic Survey on a cooperative basis shall assist counties in defining and monumenting the locations of county boundaries and positioning the monuments using geodetic surveys. The South Carolina Geodetic Survey shall act as a mediator between counties to resolve county boundary disputes."
C. This section takes effect July 1, 1994./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of amendments.
At 11:45 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R343) S. 1048 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: AN ACT TO AMEND SECTION 40-73-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REPORTS REQUIRED OF OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS, SO AS TO PROVIDE THAT COPIES OF THE REPORTS MUST BE MAINTAINED AT ALL TIMES AND MUST BE AVAILABLE FOR PUBLIC INSPECTION WITHIN THE OFFICES OF THE BUDGET AND CONTROL BOARD, RATHER THAN THE OFFICES OF THE SECRETARY OF STATE.
(R344) S. 1105 -- Senator Leatherman: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE FLORENCE COUNTY VISITOR INFORMATION CENTER.
(R345) S. 954 -- Senators Leventis, Martin, Land, Peeler, Holland and Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 48 SO AS TO AUTHORIZE PRESCRIBED FIRES TO BE CONDUCTED UNDER CERTAIN CONDITIONS, DEFINE TERMS, PROVIDE FOR PROMULGATION OF REGULATIONS, LIMIT RELATED LIABILITY, AND PROVIDE FOR PRESCRIBED FIRES CONDUCTED WITHOUT A PRESCRIBED FIRE MANAGER.
(R346) S. 926 -- Senators Giese, Passailaigue, Glover, Elliott, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Russell, Short, Stilwell, Waldrep, Washington, Wilson, Rose, Leventis and Martin: AN ACT TO AMEND CHAPTER 36, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, RELATING TO THE ALZHEIMER'S DISEASE REGISTRY, SO AS TO CREATE THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER IN THE OFFICE OF THE GOVERNOR, DIVISION ON AGING, AND TO PROVIDE FOR ITS DUTIES AND AN ADVISORY COUNCIL; TO RENAME CHAPTER 36, TITLE 44; AND TO DESIGNATE SECTIONS 44-36-10 THROUGH 44-36-30 AS ARTICLE 1 OF CHAPTER 36, TITLE 44; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE A REFERENCE TO CONFORM TO THE GOVERNMENT RESTRUCTURING ACT OF 1993.
(R347) S. 520 -- Senators Thomas and Wilson: AN ACT TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS AND TO AMEND SECTION 7-25-180, AS AMENDED, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO AUTHORIZE A CANDIDATE TO APPEAR AND GREET VOTERS IF HE IS NOT INTIMIDATING, AND TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.
(R348) S. 940 -- Senator J. Verne Smith: AN ACT TO AMEND SECTIONS 39-73-315 AND 39-73-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMODITY CODE, SO AS TO DELETE THE PROVISIONS CONTAINING REFERENCES TO INCORRECT SECTIONS.
(R349) S. 130 -- Senator Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-200 SO AS TO PROHIBIT HAZING AT STATE UNIVERSITIES, COLLEGES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TO PROVIDE PENALTIES.
(R350) S. 516 -- Senator Setzler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-700 SO AS TO DESIGNATE THE SQUARE DANCE AS THE OFFICIAL AMERICAN FOLK DANCE OF THE STATE.
(R351) S. 505 -- Senator Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-135 SO AS TO PROVIDE FOR THE AUTHORITY OF A COUNTY CORONER TO AUTHORIZE REMOVAL OF A DEAD BODY WHEN A COUNTY DOES NOT HAVE A MEDICAL EXAMINER COMMISSION; AND TO AMEND SECTION 17-5-300, RELATING TO UNAUTHORIZED REMOVAL OF A DEAD BODY, SO AS TO PROVIDE THAT THE AUTHORIZATION FOR THE REMOVAL OF A BODY MUST BE OBTAINED FROM A COUNTY CORONER WHEN A COUNTY DOES NOT HAVE A MEDICAL EXAMINER COMMISSION.
(R352) S. 1155 -- Senators Martin and Setzler: AN ACT TO AMEND SECTION 40-29-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY EFFICIENCY LABELING ON MANUFACTURED HOMES, SO AS TO PROVIDE FOR A PERMANENT LABEL AND A CONSUMER NOTICE; AND TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO SALES TAX ON MANUFACTURED HOMES SO AS TO PROVIDE THAT AN EQUIVALENT HEAT LOSS CALCULATION MAY BE USED IN DETERMINING IF STANDARDS HAVE BEEN MET TO QUALIFY FOR THE EXEMPTION FROM THE TAX DUE ABOVE THREE HUNDRED DOLLARS; TO PROVIDE THAT THE EXEMPTION APPLIES IN MANUFACTURED HOMES WHICH HAVE BEEN PREVIOUSLY OCCUPIED BUT MEET THE STANDARDS; AND TO PROVIDE THAT THE EDITION OF THE AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR CONDITIONING ENGINEERS GUIDE IN EFFECT AT THE TIME IS THE SOURCE FOR THE HEAT LOSS CALCULATION.
(R353) S. 1216 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE ADULT EDUCATION CURRICULUM AND ADULT EDUCATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1670, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R354) S. 1186 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXTRACURRICULAR SERVICES AND TRANSPORTATION OF HANDICAPPED STUDENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1636, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R355) S. 1220 -- Senator Stilwell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-585 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION, ON THE REQUEST OF AN INTEREXCHANGE TELECOMMUNICATIONS CARRIER OR ON ITS OWN MOTION, MAY CONSIDER, IN LIEU OF THE PROCEDURES OUTLINED IN CHAPTER 9, TITLE 58, ALTERNATIVE MEANS OF REGULATING THAT CARRIER, AND PROVIDE FOR RELATED MATTERS.
(R356) S. 1107 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 1648, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R357) S. 1217 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STATE-OWNED TEXTBOOKS/INSTRUCTIONAL MATERIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1710, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R358) S. 1221 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO CPA CANDIDATE EXPERIENCE; RECIPROCITY WITH OTHER JURISDICTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1684, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R359) S. 1187 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACADEMIC REQUIREMENTS FOR ADDING INSTRUCTIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1680, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R360) S. 1255 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO INVESTIGATIONS AND HEARINGS HELD BY THE COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1733, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R361) S. 10 -- Senators Martin and Bryan: AN ACT TO AMEND SECTION 20-7-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY PROTECTIVE CUSTODY AND SECTION 20-7-736, AS AMENDED, RELATING TO ABUSE AND NEGLECT PROCEEDINGS, SO AS TO PROVIDE THAT IN A REMOVAL PROCEEDING A NONCUSTODIAL PARENT WHO IS NOT A PARTY MUST BE NOTIFIED OF THE PROCEEDING; AND TO AMEND SECTION 20-7-764, RELATING TO A PLAN FOR PLACEMENT OF CHILD AFTER REMOVAL, SO AS TO PROVIDE THAT PREFERENCE FOR PLACEMENT MUST INCLUDE THE NONCUSTODIAL PARENT.
(R362) S. 968 -- Senators Jackson, Ford, Reese and Washington: AN ACT TO AMEND SECTION 17-5-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF DEAD BODIES, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE IDENTIFICATION, PRESERVATION, AND DISPOSITION OF BODIES AND FOR RELATED EXPENSES.
(R363) S. 1045 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: AN ACT TO AMEND SECTION 23-6-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL DIVISION AND THE STATE POLICE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND THE REQUIREMENT FOR FILING, AMONG OTHER THINGS, A DESCRIPTION AND ILLUSTRATION OF THE OFFICIAL HIGHWAY PATROL UNIFORM, SO AS TO DELETE THE REQUIREMENT THAT THESE FILINGS BE MADE WITH THE SECRETARY OF STATE.
(R364) S. 947 -- Senators Giese, Passailaigue, Glover, Rose and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-45 SO AS TO PROVIDE THAT THE GOVERNOR'S OFFICE, DIVISION ON AGING, SHALL DESIGNATE AREA AGENCIES ON AGING WHICH SHALL DESIGNATE FOCAL POINTS WHICH PROVIDE OR COORDINATE WITH A PROVIDER TO PROVIDE SERVICES TO OLDER ADULTS.
(R365) S. 1063 -- Senator Bryan: AN ACT TO AMEND SECTIONS 40-25-30, 40-25-40, AND 40-25-80, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH REGARD TO THE LICENSING OF PERSONS ENGAGING IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS, THE COMMISSION OF HEARING AID SPECIALISTS, AND EXCEPTIONS TO THE APPLICABILITY OF CHAPTER 25 OF TITLE 40 (THE PRACTICE OF SPECIALIZING IN HEARING AIDS), SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT APPOINT LICENSED HEARING AID SPECIALISTS AND LICENSED AUDIOLOGISTS WHO ARE LICENSED HEARING AID SPECIALISTS TO CONDUCT OR SUPERVISE THE EXAMINATION OF APPLICANTS FOR LICENSES, ADD AS A DUTY OF THE COMMISSION THE POWER TO APPOINT MEMBERS WHO ARE NOT AUDIOLOGISTS TO CONDUCT AND SUPERVISE THE WRITTEN AND PRACTICAL EXAMINATIONS, INCREASE FROM FOUR TO FIVE THE NUMBER OF LICENSED HEARING AID SPECIALISTS ON THE COMMISSION AND CHANGE THEIR QUALIFICATIONS FOR SERVING ON THE COMMISSION, CHANGE THE COMPOSITION OF THE COMMISSION, AND PROVIDE THAT CHAPTER 25 OF TITLE 40 DOES NOT APPLY TO AN AUDIOLOGIST LICENSED TO PRACTICE IN SOUTH CAROLINA; TO AMEND SECTION 40-25-110, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPLICANTS FOR EXAMINATION AS A HEARING AID SPECIALIST, SO AS TO DELETE PROVISIONS RELATING TO AUDIOLOGISTS BEING LICENSED WITHOUT WRITTEN EXAMINATION AND A PRACTICAL TEST.
(R366) S. 1222 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-85 SO AS TO AUTHORIZE THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS TO ISSUE VOLUNTEER LICENSES FOR PROVIDING CARE TO THE NEEDY AND INDIGENT IN SOUTH CAROLINA.
(R367) S. 1247 -- Senators Waldrep and O'Dell: AN ACT TO AMEND ACT 269 OF 1989, AS AMENDED, RELATING TO ANNUAL BUDGETS AND SCHOOL TAXES FOR THE ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT THE TAX MILLAGE MUST BE SET BY THE ANDERSON COUNTY BOARD OF EDUCATION BASED ON THE CERTIFIED ASSESSMENT VALUES PROVIDED TO THE BOARD BY THE ANDERSON COUNTY AUDITOR, TO DELETE REFERENCES TO OTHER DATES BY WHICH MILLAGE MUST BE SET, AND PROVIDE THAT THE MILLAGE MUST BE SET IN A TIMELY MANNER AND TO CORRECT AN OBSOLETE REFERENCE.
(R368) S. 541 -- Senators Saleeby, Land, McConnell, Courtney, Rankin and Rose: AN ACT TO ENACT THE "SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT", INCLUDING AMENDING SECTIONS 38-71-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR SMALL GROUP HEALTH INSURANCE PURPOSES, SO AS TO MAKE CHANGES TO CERTAIN DEFINITIONS, ADD THE DEFINITIONS OF "LATE ENROLLEE" AND "ACTUARIAL BASE RATE", AND DELETE CERTAIN DEFINITIONS; 38-71-960, RELATING TO SMALL GROUP HEALTH INSURANCE AND REQUIRED DISCLOSURE IN SOLICITATION AND SALES MATERIALS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE THAT EACH SMALL EMPLOYER INSURER SHALL MAKE REASONABLE DISCLOSURE IN SOLICITATION AND SALES MATERIALS PROVIDED TO SMALL EMPLOYERS OF THE EXTENT TO WHICH PREMIUM RATES FOR A SPECIFIC SMALL EMPLOYER ARE ESTABLISHED OR ADJUSTED DUE TO CASE CHARACTERISTICS, FAMILY COMPOSITION, AND CLASS OF BUSINESS; 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT A COMMON GROUP OF SMALL EMPLOYERS MAY BE FORMED SOLELY FOR THE PURPOSE OF OBTAINING INSURANCE; 38-70-10, RELATING TO DEFINITIONS FOR THE PROVISIONS OF LAW ON UTILIZATION REVIEWS AND PRIVATE REVIEW AGENTS IN CONNECTION WITH THE ALLOCATION OF HEALTH CARE RESOURCES AND SERVICES FOR A PATIENT OR GROUP OF PATIENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS FROM THE DEFINITION OF "PRIVATE REVIEW AGENT"; 38-70-15, RELATING TO THE APPLICABILITY OF CHAPTER 70 OF TITLE 38 (UTILIZATION REVIEWS AND PRIVATE REVIEW AGENTS), SO AS TO PROVIDE THAT THE CHAPTER APPLIES TO INSURANCE COMPANIES, ADMINISTRATORS OF INSURANCE BENEFIT PLANS, AND HEALTH MAINTENANCE ORGANIZATIONS LICENSED AND REGULATED BY THE DEPARTMENT OF INSURANCE, AND PROVIDE THAT SUCH INSURANCE COMPANIES, ADMINISTRATORS, AND HEALTH MAINTENANCE ORGANIZATIONS ARE EXEMPT FROM CERTAIN PROVISIONS OF LAW; AND 38-71-940, RELATING TO SMALL GROUP HEALTH INSURANCE AND PREMIUM RATES, RATING FACTORS, AND THE PROHIBITION AGAINST INVOLUNTARY BUSINESS CLASS TRANSFER, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT THE SMALL EMPLOYER INSURER SHALL DETERMINE THE ACTUARIAL BASE RATE FOR EACH HEALTH INSURANCE PLAN IT OFFERS TO SMALL EMPLOYERS IN THE STATE; TO CREATE A COMMITTEE ON HEALTH REFORM, APPOINTED BY THE GOVERNOR, TO ISSUE A REPORT TO THE GOVERNOR ON CERTAIN MATTERS; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
(R369) H. 3358 -- Rep. Snow: AN ACT TO AMEND SECTION 50-11-2570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS TO TAKE GAME ANIMALS DESTROYING PROPERTY OR FOR RESEARCH PURPOSES, SO AS TO PROVIDE AN EXCEPTION FOR THE PERMIT REQUIREMENT.
(R370) H. 3416 -- Reps. Gonzales, Hutson, A. Young, Hallman, Simrill, R. Smith, Harwell, Holt, R. Young, Law, Wofford, Fulmer, Harrell, Neal, Littlejohn, Keyserling, Shissias, J. Bailey, Cooper, Huff, Corning, Breeland, Richardson, Neilson, Canty, Stone, Whipper, Davenport, Vaughn, Stille, H. Brown, M.O. Alexander, Walker, Haskins, Jaskwhich, McTeer, Inabinett, Harvin, McCraw, Phillips, Farr, Harrelson, Moody-Lawrence and J. Harris: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-32 SO AS TO AUTHORIZE A MUNICIPALITY TO APPOINT AND COMMISSION CODE ENFORCEMENT OFFICERS WITH THE POWER OF CONSTABLES AS NECESSARY FOR THE SECURITY, GENERAL WELFARE, AND CONVENIENCE OF THE MUNICIPALITY.
(R371) H. 4604 -- Rep. Boan: AN ACT TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO INCLUDE COMMUNITY ACTION AGENCIES RECEIVING FUNDING FROM THE COMMUNITY SERVICES BLOCK GRANT PROGRAM ADMINISTERED BY THE OFFICE OF THE GOVERNOR, DIVISION OF ECONOMIC OPPORTUNITY; AND TO AMEND SECTION 1-11-730, RELATING TO ELIGIBILITY TO PARTICIPATE IN STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT COVERAGE FOR A RETIREE WITH AT LEAST FIVE YEARS' SERVICE UNDER A STATE RETIREMENT SYSTEM IS LIMITED TO SERVICE IN A STATE-COVERED ENTITY AND TO REQUIRE THE LAST FIVE YEARS OF SUCH SERVICE TO HAVE BEEN CONSECUTIVE YEARS IN A FULL-TIME PERMANENT POSITION.
(R372) H. 4690 -- Reps. Gamble, Stuart, Wright and Riser: AN ACT TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DECREASE FROM FIVE TO FOUR THE TERMS OF A MEMBER OF THE COMMISSION, PROVIDE THAT A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS, PROVIDE THAT A MEMBER SERVING ON JULY 1, 1994, MAY SERVE UNTIL THE EXPIRATION OF THE TERM FOR WHICH HE WAS ELECTED AND MAY SERVE TWO ADDITIONAL TERMS, AND PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR THE NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.
(R373) H. 3973 -- Reps. Stuart, Gamble and Phillips: AN ACT TO AMEND SECTION 17-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE OF CRIMINAL PROCESS ON SUNDAY, SO AS TO PROVIDE THAT CRIMINAL PROCESS MAY BE SERVED ON SUNDAY FOR ALL CRIMES, FELONIES AND MISDEMEANORS ALIKE.
(R374) H. 4389 -- Reps. J. Wilder, Baxley, Walker, Allison, D. Wilder, Waites, Wilkes, Rudnick, Harvin and Corning: AN ACT TO AMEND TITLE 44, CHAPTER 21, RELATING TO THE DEPARTMENT OF MENTAL RETARDATION FAMILY SUPPORT SERVICES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS AND TO INCLUDE INDIVIDUALS WITH HEAD INJURIES, SPINAL CORD INJURIES, OR SIMILAR DISABILITIES AMONG THOSE FOR WHOM FAMILY SUPPORT SERVICES ARE TO BE PROVIDED.
(R375) H. 3667 -- Rep. Harrison: AN ACT TO AMEND SECTION 11-35-3245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ARCHITECTS AND ENGINEERS WHO PERFORM DESIGN WORK ON PROJECT CONTRACTS AWARDED UNDER THE CONSOLIDATED PROCUREMENT CODE FROM PERFORMING OTHER WORK ON THE PROJECTS UNDER CERTAIN CONDITIONS, SO AS TO PROVIDE THAT CONSTRUCTION MANAGERS PERFORMING CONSTRUCTION MANAGEMENT SERVICES UNDER THESE CONTRACTS ALSO ARE PROHIBITED FROM PERFORMING SUCH OTHER WORK, AND TO PROVIDE FOR THE APPLICABILITY OF SAFETY COMPLIANCE AND CONSTRUCTION SUPPORT PROVISIONS TO CONSTRUCTION MANAGERS.
(R376) H. 4842 -- Reps. Thomas, Kennedy and Snow: AN ACT TO PROVIDE THAT TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE THAT PERSONS MAY BECOME CANDIDATES BY FILING A STATEMENT OF CANDIDACY, AND TO PROVIDE THE METHOD OF DETERMINING RESULTS AND THE DATE THE TRUSTEES TAKE OFFICE.
(R377) H. 4344 -- Reps. Harwell, Baxley, J. Brown, Cobb-Hunter, Delleney, Gonzales, Harrelson, Harrison, Harvin, Haskins, Jaskwhich, Jennings, Keyserling, Kirsh, Meacham, Neilson, Phillips, Rhoad, Richardson, Snow, Tucker, Waites, Waldrop, D. Wilder, J. Wilder, Wilkes, Corning, Allison, P. Harris, A. Young, Inabinett, Whipper, Rudnick, Stuart and Harrell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-17-117 SO AS TO PROVIDE FOR DONATIONS OF REAL AND PERSONAL PROPERTY TO THE HERITAGE TRUST PROGRAM AND FOR RELATED POWERS FOR THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES.
(R378) H. 4532 -- Reps. Hodges, Corning, Cromer, Harwell, Jennings, Scott, D. Smith, J. Wilder, R. Young, Wilkins, Harrell, Clyborne and Boan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-575 SO AS TO PROVIDE THAT IN FIXING RATES AND CHARGES FOR A LOCAL EXCHANGE TELEPHONE UTILITY, THE PUBLIC SERVICE COMMISSION MAY, UPON THE REQUEST OF THE TELEPHONE UTILITY OR UPON THE COMMISSION'S OWN MOTION, CONSIDER IN LIEU OF THE PROCEDURES PROVIDED IN CHAPTER 9, TITLE 58, ALTERNATIVE MEANS OF REGULATING THE TELEPHONE UTILITY, PROVIDE THAT THE COMMISSION MAY, ON ITS OWN MOTION OR THE MOTION OF ANY INTERESTED PARTY, REVIEW ANY DECISION ADOPTING AN ALTERNATIVE METHOD OF REGULATION FOR A LOCAL EXCHANGE TELEPHONE UTILITY, PROVIDE THAT AFTER NOTICE AND OPPORTUNITY TO BE HEARD AND UPON A SHOWING BY SUBSTANTIAL EVIDENCE, THE COMMISSION MAY IMPOSE REGULATORY STANDARDS CONSISTENT WITH THE PROVISIONS OF CHAPTER 9, TITLE 58, AND PROVIDE FOR RELATED MATTERS.
(R379) H. 4177 -- Reps. Martin and Worley: AN ACT TO AMEND SECTION 50-11-335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BAG LIMIT ON ANTLERED DEER, SO AS TO DELETE THE DAILY LIMIT ON ANTLERED DEER IN GAME ZONE 7.
(R380) H. 4501 -- Reps. Snow, McMahand, Baker, Farr, McAbee, Carnell, Townsend, Jaskwhich, Allison, Chamblee, D. Smith, Tucker, Stille, Littlejohn, Cooper, Haskins, Cato, Vaughn, Trotter, Anderson, Fair, T.C. Alexander, Wells, Lanford, Davenport, Phillips, McCraw, Mattos and Stone: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-395 SO AS TO PROVIDE FOR THE ISSUANCE OF ANTLERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4, FOR THE USE OF THE REVENUE GENERATED FROM PERMIT SALES, AND FOR PENALTIES.
(R381) H. 4703 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO THE IMPORTATION OF POULTRY INTO SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1692, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R382) H. 4704 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO TUBERCULOSIS TESTING OF CATTLE IMPORTED INTO SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1693, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R383) H. 4952 -- Reps. R. Smith, Rudnick, Stone, Huff and Sharpe: A JOINT RESOLUTION TO PROVIDE THAT THE FIVE SCHOOL DAYS MISSED BY THE STUDENTS OF L-B-C MIDDLE SCHOOL IN AIKEN COUNTY DURING SCHOOL YEAR 1993-94 WHEN THE SCHOOL WAS CLOSED DUE TO FIRE ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R384) H. 4937 -- Reps. Fair, Vaughn, Haskins, Cato, Jaskwhich, McMahand, M.O. Alexander, Wilkins, Anderson, Baker, Mattos, Clyborne and Stoddard: AN ACT TO AUTHORIZE THE MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY TO RECEIVE AN ANNUAL SALARY SET BY THE BOARD BY RESOLUTION AND TO PROVIDE THAT ANY INCREASE MAY NOT TAKE EFFECT UNTIL AFTER THE NEXT REGULARLY SCHEDULED ELECTION FOR TRUSTEES.
(R385) H. 3987 -- Reps. Riser, Snow, Rhoad, Inabinett and Witherspoon: AN ACT TO AMEND SECTION 50-13-1135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL AND NONCOMMERCIAL FISHING LICENSES REQUIRED FOR TAKING NONGAME FISH IN FRESH WATERS WITH CERTAIN FISHING DEVICES, AND TO AMEND SECTION 50-13-1192, AS AMENDED, RELATING TO THE REQUIREMENTS FOR NONGAME FISHING DEVICES IN CERTAIN WATERS, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINES.
(R386) H. 5007 -- Reps. Walker, Davenport and Allison: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1993-94 SCHOOL YEAR, SCHOOL DISTRICT ONE IN SPARTANBURG COUNTY IS EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.
(R387) H. 4210 -- Reps. Sheheen and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT IF THE ENVIRONMENTAL PROTECTION AGENCY OR THE UNITED STATES CONGRESS EXTENDS CERTAIN EFFECTIVE DATES IN THE RCRA SUBTITLE D MUNICIPAL SOLID WASTE LANDFILL CRITERIA, ANY EXTENSION APPLIES TO ALL MUNICIPAL SOLID WASTE LANDFILLS IN THIS STATE TO WHICH THE CRITERIA APPLY.
(R388) H. 4979 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1994, AND ENDING JUNE 30, 1995.
(R389) H. 3213 -- Rep. Wofford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-11-75 SO AS TO CREATE A CRIMINAL OFFENSE FOR TRESPASSING ONTO OR REFUSING TO LEAVE A STATE MENTAL HEALTH FACILITY AND TO PROVIDE PENALTIES AND MUNICIPAL AND MAGISTRATE'S COURT JURISDICTION.
(R390) H. 4732 -- Reps. Richardson, White, Harrelson and Keyserling: AN ACT TO CREATE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, AND RELATED MATTERS AND TO ABOLISH THE BEAUFORT COUNTY ELECTION COMMISSION AND BEAUFORT COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.
At 12:00 Noon the House resumed, the SPEAKER in the Chair.
Rep. WILLIAMS 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. 5135 -- Rep. Meacham: A BILL TO AMEND SECTION 37-3-201, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCE CHARGES AUTHORIZED IN CONNECTION WITH CONSUMER LOANS MADE BY A LENDER WHO IS NOT A SUPERVISED LENDER, SO AS TO REDUCE FROM EIGHTEEN PERCENT PER YEAR TO TWELVE PERCENT PER YEAR THE MAXIMUM FINANCE CHARGES PERMITTED; AND TO AMEND SECTIONS 37-3-501 AND 37-3-511, RELATING TO SUPERVISED LOANS, SO AS TO CONFORM THE CITATIONS TO FINANCE CHARGES TO THE CHANGES MADE IN SECTION 37-3-201.
Referred to Committee on Ways and Means.
H. 5136 -- Rep. Wilkes: A BILL TO AMEND CHAPTER 13, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO DETERMINE THE COST OF PRODUCING BALLOTS FOR A STATEWIDE AUTOMATED ELECTRONIC VOTING SYSTEM AND REQUIRE THE COMMISSION TO REPORT THE RESULTING ECONOMIES TO THE GOVERNING BODIES OF ALL COUNTIES, REQUIRE THE COMMISSION TO STUDY THE REDUCTION IN THE NEED FOR POLLING WORKERS MADE POSSIBLE BY THE IMPLEMENTATION OF THE AUTOMATED SYSTEM AND USE THE RESULTING SAVINGS TO FUND EXPANSION OF AUTOMATION AND REQUIRE THE COMMISSION TO ESTABLISH A LIST OF COUNTIES WISHING TO PARTICIPATE IN THE AUTOMATED SYSTEM AND ESTABLISH A METHOD FOR DETERMINING PRIORITIES IN ASSISTING WITH FUNDING OF THIS SYSTEM FOR A COUNTY.
Referred to Committee on Ways and Means.
The following was introduced:
H. 5137 -- Reps. Rudnick, Allison, Anderson, G. Bailey, Baxley, Breeland, Byrd, Carnell, Cato, Chamblee, Cobb-Hunter, Corning, Cromer, Davenport, Delleney, Felder, Gamble, Govan, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Haskins, Hinds, Inabinett, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Lanford, Littlejohn, Martin, McAbee, McCraw, McTeer, Meacham, Neilson, Phillips, Quinn, Richardson, Riser, Robinson, Scott, Shissias, Simrill, R. Smith, Stille, Stoddard, Stone, Stuart, Thomas, Trotter, Vaughn, Wells, White, Williams, Witherspoon, Wofford, Worley, Wright, M.O. Alexander, T.C. Alexander, Askins, J. Bailey, Baker, Barber, Beatty, Boan, G. Brown, H. Brown, J. Brown, Canty, Clyborne, Cooper, Elliott, Fair, Farr, Fulmer, Gonzales, Graham, Hallman, Harvin, Harwell, Hodges, Holt, Houck, Huff, Hutson, Jaskwhich, Jennings, Klauber, Koon, Law, Marchbanks, Mattos, McElveen, McKay, McLeod, McMahand, Moody-Lawrence, Neal, Rhoad, Rogers, Sharpe, Sheheen, D. Smith, Snow, Spearman, Sturkie, Townsend, Tucker, Waites, Waldrop, Walker, Whipper, D. Wilder, J. Wilder, Wilkes, Wilkins, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. CHARLES D. BARNETT, FORMER STATE COMMISSIONER OF MENTAL RETARDATION FOR SOUTH CAROLINA, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. VAUGHN moved that the House do now adjourn.
Rep. GONZALES demanded the yeas and nays, which were not ordered.
The motion to adjourn was then agreed to.
The Senate returned to the House with concurrence the following:
H. 5035 -- Reps. Harvin and R. Young: A CONCURRENT RESOLUTION CONGRATULATING CHARLESTON SOUTHERN UNIVERSITY ON ITS THIRTIETH ANNIVERSARY, AND COMMENDING THIS OUTSTANDING INSTITUTION OF HIGHER EDUCATION FOR ITS COMMITMENT TO EXCELLENCE IN THE AREA OF HIGHER LEARNING.
H. 5080 -- Rep. Anderson: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA STATE UNIVERSITY NATIONAL ALUMNI ASSOCIATION, INC., ON ITS OUTSTANDING ACTIVITIES AND ENDEAVORS TO PROMOTE SOUTH CAROLINA STATE UNIVERSITY.
H. 5081 -- Rep. Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE DR. JAMES LUTHER BULLARD AND TO EXPRESS THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR HIS DEDICATED SERVICE AND DEEDS RENDERED TO THE CITIZENS OF SOUTH CAROLINA.
H. 5082 -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE THE DREHER HIGH SCHOOL GIRLS' VARSITY BASKETBALL TEAM UPON WINNING THE 1994 CLASS AAA STATE CHAMPIONSHIP AND TO GRANT COACH JOE SOLTISH AND THE LADY BLUE DEVILS' CAPTAIN THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 21, 1994, AT A TIME TO BE DETERMINED BY THE SPEAKER.
H. 5083 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF REVEREND A. D. DENNIS, SR., PASTOR OF THE MOUNT PISGAH BAPTIST CHURCH IN REMBERT FOR THE PAST FIFTY-TWO YEARS AND PASTOR OF JOSHUA BAPTIST CHURCH IN DALZELL FOR THIRTY YEARS, UPON HIS DEATH.
H. 5107 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. FRANCES DUCWORTH LYLES OF ANDERSON UPON HER DEATH.
H. 5108 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE DR. J. J. MALNATI OF NEWBERRY FOR HIS INDUCTION INTO THE SOUTH CAROLINA DAIRY HALL OF FAME.
H. 5109 -- Reps. Spearman, McAbee, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION CONGRATULATING JIM DAVIS, HEAD COACH OF THE CLEMSON UNIVERSITY WOMEN'S BASKETBALL TEAM, ON BEING NAMED ATLANTIC COAST CONFERENCE COACH OF THE YEAR FOR 1994.
H. 5110 -- Reps. Spearman, Riser, Sturkie, Gamble, Stuart, Wright and Koon: A CONCURRENT RESOLUTION CONGRATULATING JESSICA BARR OF LEXINGTON COUNTY, STAR PLAYER ON THE CLEMSON UNIVERSITY WOMEN'S BASKETBALL TEAM, ON BEING SELECTED AS THE ATLANTIC COAST CONFERENCE PLAYER OF THE YEAR FOR 1994.
H. 5111 -- Reps. Wells, Allison, Vaughn, D. Smith, Davenport, Lanford, Beatty, D. Wilder, Walker and Littlejohn: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE WILLIAM J. WHITENER FOR HIS EXEMPLARY SERVICE AS INTERIM CHANCELLOR OF THE UNIVERSITY OF SOUTH CAROLINA AT SPARTANBURG FROM 1993 THROUGH JUNE, 1994.
H. 5137 -- Reps. Rudnick, Allison, Anderson, G. Bailey, Baxley, Breeland, Byrd, Carnell, Cato, Chamblee, Cobb-Hunter, Corning, Cromer, Davenport, Delleney, Felder, Gamble, Govan, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Haskins, Hinds, Inabinett, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Lanford, Littlejohn, Martin, McAbee, McCraw, McTeer, Meacham, Neilson, Phillips, Quinn, Richardson, Riser, Robinson, Scott, Shissias, Simrill, R. Smith, Stille, Stoddard, Stone, Stuart, Thomas, Trotter, Vaughn, Wells, White, Williams, Witherspoon, Wofford, Worley, Wright, M.O. Alexander, T.C. Alexander, Askins, J. Bailey, Baker, Barber, Beatty, Boan, G. Brown, H. Brown, J. Brown, Canty, Clyborne, Cooper, Elliott, Fair, Farr, Fulmer, Gonzales, Graham, Hallman, Harvin, Harwell, Hodges, Holt, Houck, Huff, Hutson, Jaskwhich, Jennings, Klauber, Koon, Law, Marchbanks, Mattos, McElveen, McKay, McLeod, McMahand, Moody-Lawrence, Neal, Rhoad, Rogers, Sharpe, Sheheen, D. Smith, Snow, Spearman, Sturkie, Townsend, Tucker, Waites, Waldrop, Walker, Whipper, D. Wilder, J. Wilder, Wilkes, Wilkins, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. CHARLES D. BARNETT, FORMER STATE COMMISSIONER OF MENTAL RETARDATION FOR SOUTH CAROLINA, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 12:10 P.M. the House in accordance with the motion of Rep. G. BROWN adjourned in memory of Reverend A.D. Dennis, Sr., to meet at 10:00 A.M. tomorrow.
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