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:
Almighty God, look with favor upon all who serve in the legislative matters of our great State. Grant unto them wisdom of mind, strength of character, goodness of heart, and so direct them in their decisions as to be a blessing to all our people. Make them equal to their important tasks, just in the exercise of power, charitable in judgment, and always loyal to the best.
Cause us to use for our strength and support words from Proverbs which say: "Trust in the Lord with all your heart; and lean not upon Your own understanding." (Proverbs 3:5) Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
Document No. 1726
Promulgated By Department of Health and Environmental Control
State Underground Petroleum Environmental Response Bank (SUPERB) Site Rehabilitation and Fund Access Regulation
Received by Speaker February 22, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date January 29, 1995
Withdrawn and Resubmitted March 28, 1994, and May 5, 1994
The following was received.
Columbia, S.C., May 4, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that a message having been received from the House that it has receded from its amendments it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for Ratification.
S. 1118 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF PRACTICE OF PSYCHOLOGY, SO AS TO DELETE THE REQUIREMENT THAT A CLIENT RECEIVING EXTENDED PSYCHOTHERAPY MUST BE REFERRED TO A PHYSICIAN FOR EXAMINATION; TO AMEND SECTION 40-55-80, RELATING TO LICENSURE, SO AS TO REQUIRE AN APPLICANT TO PROVIDE REFERENCES AND THAT THE BOARD MAY NOT REQUEST MORE THAN THREE REFERENCES AND TO FURTHER REQUIRE AN APPLICANT TO HAVE COMPLETED TWO YEARS OF SUPERVISED EXPERIENCE; TO AMEND SECTION 40-55-130, RELATING TO COMPLAINTS, SO AS TO DELETE THE REQUIREMENT THAT A COMPLAINT MUST BE SUBMITTED BY AFFIDAVIT AND TO REVISE NOTICE PROCEDURES; TO AMEND SECTION 40-55-150, RELATING TO DISCIPLINARY GROUNDS, SO AS TO DELETE GROUNDS RELATING TO SOLICITATION; TO AMEND SECTION 40-55-170, RELATING TO VIOLATIONS, SO AS TO AUTHORIZE THE BOARD TO BRING ACTIONS FOR INJUNCTIONS AND TO REQUIRE THE ATTORNEY GENERAL TO ASSIST WITH PROCEEDINGS BROUGHT UNDER THIS CHAPTER; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN PSYCHOLOGY FOR SIX YEARS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 4, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 32:
S. 32 -- Senators Wilson, Ryberg, Russell, Rose and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-40 SO AS TO CREATE A CIVIL CAUSE OF ACTION AGAINST SHOPLIFTERS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 5189 -- Reps. Phillips, McCraw, Farr, Littlejohn, Walker, Wells, Lanford, Allison and D. Smith: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO DEVELOP AND APPROVE QUICKLY THE NATIONAL HIGHWAY SYSTEM NO LATER THAN SEPTEMBER 30, 1994.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 797 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-5 SO AS TO PROVIDE A REFERENCE TO AND THE PURPOSES OF THE "SOUTH CAROLINA GASOLINE, LUBRICATING OILS, AND OTHER PETROLEUM PRODUCTS ACT", SECTION 39-41-185 SO AS TO PROVIDE LABELING REQUIREMENTS FOR MOTOR FUEL RETAIL DEALERS, AND SECTION 39-41-195 SO AS TO PROVIDE ADMINISTRATIVE PENALTIES; TO AMEND SECTION 39-41-10, RELATING TO THE DEFINITION OF PETROLEUM, SO AS TO INCLUDE OXYGENATED COMPOUND BLENDS; TO AMEND SECTION 39-41-20, RELATING TO PETROLEUM ANALYSTS, CHEMISTS, AND INSPECTORS, SO AS TO PROVIDE FOR STOP-SALE ORDERS BY THE COMMISSIONER OF AGRICULTURE; TO AMEND SECTION 39-41-50, RELATING TO FILING REQUIREMENTS FOR PETROLEUM MANUFACTURERS, WHOLESALERS, AND JOBBERS, SO AS TO PROVIDE FOR AN ADMINISTRATIVE PENALTY; TO AMEND SECTION 39-41-160, RELATING TO CRIMINAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES; AND TO AMEND SECTION 39-41-190, RELATING TO GENERAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES.
Ordered for consideration tomorrow.
The following was taken up for immediate consideration:
H. 5192 -- Reps. Cobb-Hunter, Trotter and Byrd: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MAY 11, 1994, AS "SAFE KIDS DAY" IN SOUTH CAROLINA.
Whereas, each year 8,000 of America's children die from unintentional injuries while an additional 50,000 are permanently disabled; and
Whereas, on average, one child dies of an injury in South Carolina every twenty-one and one-half hours, and South Carolina's childhood injury rate is twenty-two percent higher than the national rate; and
Whereas, these tragic injuries, so called "accidents", are often predictable and preventable; and
Whereas, May 8-14, 1994, has been proclaimed National SAFE KIDS Week, and during that week hundreds of communities nationwide will be focusing on childhood injury prevention activities; and
Whereas, the South Carolina SAFE KIDS Coalition, which is affiliated with the National SAFE KIDS Campaign, has been established to help promote awareness and prevent childhood injury by uniting diverse groups into local coalitions; and
Whereas, the National SAFE KIDS Campaign, supported by Johnson and Johnson, is uniting with state and local SAFE KIDS coalitions and other childhood injury prevention activities to provide vital child safety information. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, declares Wednesday, May 11, 1994, as "SAFE KIDS DAY".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Joint Resolution was introduced, read the first time, and referred to the appropriate committee:
H. 5193 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO PROVIDERS OF CONTINUING EDUCATION COURSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1759, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
The following was introduced:
H. 5194 -- Reps. Meacham and Waites: A CONCURRENT RESOLUTION TO EXTEND A HEARTY WELCOME TO THE COLORADO SILVER BULLETS, THE FIRST ALL WOMEN'S PROFESSIONAL BASEBALL TEAM SINCE THE 1950'S, TO FORT MILL, SOUTH CAROLINA, FOR THE OPENING GAME OF THEIR FIRST SEASON AT KNIGHTS CASTLE STADIUM, TO WELCOME THEM TO THE GREAT SPORT OF BASEBALL, AND TO WISH THEM THE BEST OF LUCK IN THE UPCOMING SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5195 -- Rep. Meacham: A CONCURRENT RESOLUTION TO CONGRATULATE THE FORT MILL HIGH SCHOOL BAND FOR ITS OUTSTANDING ACCOMPLISHMENTS DURING THE 1993-94 SCHOOL YEAR INCLUDING RECEIPT OF MANY HONORS AND AWARDS AND FOR BEING INVITED TO PARTICIPATE IN THE 1995 TOURNAMENT OF ROSES PARADE IN PASADENA, CALIFORNIA.
Whereas, the members of the General Assembly were very pleased to learn of the many awards and honors received by the Fort Mill High School Band during the 1993-94 school year; and
Whereas, the awards and honors of the band include:
(A) Royal Regiment Tournament of Bands
(1) Best Drum Major - Class AAAA
(2) Best Soloist - Class AAAA
(3) Best Horn Line - Class AAAA
(4) 1st Place - Class AAAA
(5) Grand Champion
(B) Carolina Cavalcade of Bands
(1) 1st Place Percussion - Class AAA
(2) 1st Place Visual Ensemble - Class AAA
(3) 1st Place Drum Major - Class AAA
(4) Outstanding Marching - Class AAA
(5) Outstanding Music - Class AAA
(6) Outstanding General Effect - Class AAA
(7) 1st Place - Class AAA
(8) Grand Champion
(C) Bands of America Southeast Region Championship
(1) Highest Achievement in Music
(2) 1st Place - Class AA
(3) 4th Place Finalist
(D) SCBDA Upper State AAA Championship
(1) Superior Rating
(2) 1st Place
(E) SCBDA State AAA Championship - 1st Place
(for the thirteenth year)
(F) SCBDA Upper State Concert Festival
(1) Concert Band Superior Rating
(2) Symphonic Band Superior Rating
Whereas, the Fort Mill High School Band also has received an invitation to participate in the 1995 Tournament of Roses Parade in Pasadena, California, in conjunction with the Rose Bowl which, through the medium of national television, will bring tremendous prestige and exposure not only to the band and Fort Mill High School but to the State of South Carolina as well; and
Whereas, the fine achievements of the band during this school year continue its excellent tradition of achievement for which the band is known; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and congratulate each of the young men and women who are members of the band and the band's director and other staff for a truly magnificent year. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby congratulate the Fort Mill High School Band for its many outstanding accomplishments during the 1993-94 school year, including receipt of many honors and awards, and for being invited to participate in the 1995 Tournament of Roses Parade in Pasadena, California.
Be it further resolved that a copy of this resolution be forwarded to the band director and the principal of Fort Mill High School.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Barber Baxley Beatty Boan Breeland Brown, H. Carnell Cato Chamblee Clyborne Cobb-Hunter Delleney Fair Farr Gamble Govan Hallman Harrell Harrelson Harris, J. Harris, P. Harwell Hines Hodges Holt Houck Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Lanford Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neilson Rhoad Richardson Riser Robinson Rudnick Sharpe Sheheen Smith, R. Spearman Stille Stoddard Stone Stuart Thomas Trotter Tucker Vaughn Waites Walker Wells Wilder, D. Williams Witherspoon Wofford Worley Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, May 5.
Olin R. Phillips Juanita M. White John L. Scott, Jr. Doug Smith Ronald C. Fulmer Grady A. Brown Timothy F. Rogers Dave C. Waldrop, Jr. Heyward G. Hutson Lindsey O. Graham David H. Wilkins Daniel T. Cooper David A. Wright J. Gary Simrill Ronald P. Townsend Timothy C. Wilkes Joseph H. Neal James H. Harrison James N. Law G. Ralph Davenport, Jr. E.B. McLeod, Jr. James L.M. Cromer, Jr. Larry L. Elliott Joe E. Brown John G. Felder Kenneth Kennedy Roland S. Corning C. Lenoir Sturkie Alma W. Byrd Terry E. Haskins Dell Baker Thomas E. Huff Joseph T. McElveen, Jr. Lucille S. Whipper John J. Snow, Jr. June S. Shissias Ralph W. Canty Richard M. Quinn, Jr.
LEAVES OF ABSENCE
The SPEAKER granted Rep. GONZALES a leave of absence to attend a conference on Naval Base Reuse.
The SPEAKER granted Rep. J. WILDER a leave of absence to attend an NCSL meeting in Washington.
The SPEAKER granted Rep. WELLS a leave of absence for the remainder of the day.
I was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, May 4.
Rep. Morgan Martin
Rep. STILLE moved that when the House adjourns, it adjourn in memory of Judy McGrath Jordan, which was agreed to.
Rep. BOAN moved to adjourn debate upon the following Bill until Thursday, May 12, which was adopted.
S. 1348 -- Senator Gregory: A BILL TO ESTABLISH THE REGISTRATION AND ELECTION COMMISSION FOR LANCASTER COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR LANCASTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTION COMMISSION, AND PROVIDE THAT THE CURRENT MEMBERS OF THE LANCASTER COUNTY ELECTION COMMISSION AND THE LANCASTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW LANCASTER COUNTY REGISTRATION AND ELECTION COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
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.
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.
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.
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.
H. 4576 -- Reps. McLeod and Littlejohn: A BILL TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.
H. 4920 -- Reps. Rudnick, Stone and Sharpe: A BILL TO AMEND SECTION 50-11-703, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE USE OF LIGHTS FROM VEHICLES TO OBSERVE OR HARASS WILDLIFE IN GAME ZONE 1, SO AS TO INCLUDE GAME ZONE 3.
H. 5009 -- Reps. Farr, Snow, McCraw, Littlejohn, Walker, Davenport, Simrill, Rhoad, Stille, Hines, Mattos, Wells, D. Smith, Stone, Kirsh, Delleney, Vaughn, Robinson, Anderson, Allison, Spearman, D. Wilder, Meacham, Baker, Tucker, Fair, Chamblee, Haskins, Graham, Cato, Waldrop, Marchbanks and Carnell: A JOINT RESOLUTION TO PROVIDE FOR AN EXPERIMENTAL RABBIT HUNTING SEASON IN GAME ZONES 1, 2, AND 4.
H. 3490 -- Reps. Neilson, Farr, G. Bailey, Hines, Corning, Shissias, Hutson, Wells, Jaskwhich, Harrelson, Vaughn, Anderson, Davenport, Chamblee, Allison, Littlejohn, Cato, Stone, Haskins, Fair, Walker, Robinson and Marchbanks: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO AUTHORIZE THE COURT TO REQUIRE A PARENT RECEIVING CHILD SUPPORT TO MAKE AN ACCOUNTING OF THE EXPENDITURES MADE FROM THE CHILD SUPPORT RECEIVED.
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 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.
The following Bill was taken up.
S. 699 -- Senator Land: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE TERMS AND CONDITIONS UNDER WHICH THE CREDITS MAY BE USED BY A SUCCESSOR CORPORATION FOLLOWING A MERGER, CONSOLIDATION, OR REORGANIZATION WHERE TAX ATTRIBUTES SURVIVE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1645 SO AS TO AUTHORIZE THE FILING OF A CONSOLIDATED CORPORATE INCOME TAX RETURN AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH SUCH RETURNS MAY BE FILED.
Rep. KIRSH moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 5021 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.
Rep. WOFFORD explained the Bill.
On motion of Rep. WOFFORD, with unanimous consent, it was ordered that H. 5021 be read the third time tomorrow.
The following Bill was taken up.
H. 4093 -- Reps. Harwell, G. Bailey, Sharpe, Kinon, Spearman and Jennings: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION IN CERTAIN CASES, SO AS TO INCREASE THIS JURISDICTION FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS.
Rep. RUDNICK proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20870SD.94), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 22-3-305. Civil judgments from the magistrate's court filed and docketed in the Circuit Court as provided in Section 22-3-300 must include the summons and affidavit of service regarding the person or persons against whom the judgment is entered."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. HODGES moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 44 to 5.
Rep. RUDNICK proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20852SD.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately SECTION to read:
/SECTION ____. Section 22-1-10 of the 1976 Code is amended by adding a new subsection (E):
(E) The Governor in appointing magistrates from a particular county shall receive input and recommendations from the Bar Association of that county prior to the appointments./
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 2 was out of order as it was not germane.
Rep. RUDNICK argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. RUDNICK proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\20853SD.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 22-3-225. Civil judgments entered in magistrate's court must include the social security number of the person against whom the judgment is entered."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. HARRELSON spoke in favor of the amendment.
Rep. VAUGHN moved to table the amendment, which was not agreed to by a division vote of 6 to 67.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. RUDNICK objected to the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4346 -- Rep. Neilson: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16050AC.94), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/SECTION 1. Section 20-7-420 of the 1976 Code, as last amended by Act 441 of 1992, is further amended by adding at the end an appropriately numbered item to read:
"( ) to order joint or divided custody where the court finds it is in the best interests of the child."/
Renumber items to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 4402 -- Reps. Thomas, Rudnick and Keyserling: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR CONSUMPTION.
Rep. G. BAILEY moved to adjourn debate upon the Joint Resolution until Tuesday, May 10.
Rep. HODGES moved to table the motion, which was not agreed to by a division vote of 11 to 43.
The question then recurred to the motion to adjourn debate until Tuesday, May 10, which was agreed to.
The following Bill was taken up.
H. 4687 -- Reps. Hodges and McElveen: A BILL TO AMEND SECTION 7-15-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH ABSENTEE VOTING, SO AS TO DELETE THE DEFINITIONS "MEMBERS OF THE ARMED FORCES OF THE UNITED STATES", "MEMBERS OF THE MERCHANT MARINE OF THE UNITED STATES", "STUDENTS", AND "PHYSICALLY DISABLED PERSON"; TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO QUALIFICATIONS FOR VOTING BY ABSENTEE BALLOT, SO AS TO DELETE THE SPECIFIC QUALIFICATIONS AND PROVIDE THAT A PERSON ONLY NEED FOLLOW THE PROVISIONS OF ARTICLE 5, CHAPTER 15, TITLE 7 TO QUALIFY TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO ADD A REQUIREMENT THAT MEMBERS OF THE ARMED FORCES AND MERCHANT MARINES OF THE UNITED STATES, THEIR SPOUSES AND DEPENDENTS RESIDING WITH THEM ARE PERMITTED TO USE STANDARD FORM 76 OR ANY SUBSEQUENT FORM REPLACING IT; TO AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM REQUIRED FOR APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE SPECIFIC QUALIFICATIONS REQUIRED PURSUANT TO THE PROVISIONS OF SECTION 7-15-320 WHICH HAVE BEEN DELETED BY THIS ACT, REQUIRE IDENTIFYING INFORMATION ON A FORM PRESCRIBED BY THE EXECUTIVE DIRECTOR AND AN OATH STATING THAT THE APPLICANT IS QUALIFIED TO VOTE AND HAS NOT VOTED DURING THE ELECTION FOR WHICH THE APPLICATION FOR ABSENTEE BALLOT IS SOUGHT; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF BALLOTS AND ENVELOPES TO THE BOARD OF REGISTRATION OF EACH COUNTY BY THE COMMISSIONERS OF ELECTION OF COUNTY OR THE COUNTY COMMITTEE FOR EACH POLITICAL PARTY, SO AS TO DELETE REFERENCES TO THE COUNTY COMMITTEE FOR EACH COUNTY; TO AMEND SECTION 7-15-410, RELATING TO THE ESTABLISHMENT OF AN ABSENTEE VOTING PRECINCT, SO AS TO DELETE REFERENCES TO THE COUNTY COMMITTEE FOR EACH POLITICAL PARTY BEING RESPONSIBLE FOR CERTAIN ELECTION FUNCTIONS; TO AMEND SECTION 7-15-430, RELATING TO THE REQUIREMENT THAT AN ABSENTEE VOTER MUST BE NOTED ON THE REGISTRATION LISTS, SO AS TO DELETE REFERENCES TO COUNTY COMMITTEES; TO AMEND SECTION 7-15-450, AS AMENDED, RELATING TO THE APPLICATION OF ARTICLE 7, CHAPTER 15, TITLE 7, SO AS TO DELETE REFERENCES TO POLITICAL PARTIES AND ANY OTHER AUTHORITIES HOLDING A PRIMARY OR CONDUCTING AN ELECTION AND THAT THE ARTICLE APPLIES TO ANY AUTHORITY CONDUCTING AN ELECTION; AND TO REPEAL SECTIONS 7-15-250, 7-15-260, AND 7-15-395 RELATING TO THE DUTIES OF, AND EXPENSES INCURRED BY, COUNTY COMMITTEES AND POLITICAL PARTIES IN CONDUCTING PRIMARY ELECTIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\Council\Legis\Amend\WWW\30219DW.94).
Amend the bill, as and if amended, SECTION 3, page 5, line 17, by inserting after /before the/ /state primary election and general/.
When amended, SECTION 3 shall read:
/SECTION 3. Section 7-15-330 of the 1976 Code, as last amended by Act 193 of 1989, is further amended to read:
"Section 7-15-330. To vote by absentee ballot, a qualified elector or a member of his immediate family must request an application to vote by absentee ballot in person, by telephone, or by mail from the county registration board, or at an extension office of the board of registration as established by the county governing body, for the county of the voter's residence. In addition to using the application form for absentee ballot described in Section 7-15-340, members of the Armed Forces and Merchant Marines of the United States, their spouses and dependents residing with them, persons serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, their spouses and dependents residing with them, and overseas citizens as that term is defined in Section 7-15-110 are permitted to use Standard Form 76 or any subsequent form replacing that form. A person requesting an application for a qualified elector as the qualified elector's authorized representative must request an application to vote by absentee ballot in person or by mail only and must himself be a registered voter and must sign an oath to the effect that he fits the statutory definition of a representative. This signed oath must be kept on file with the board of registration until the end of the calendar year or until all contests concerning a particular election have been finally determined, whichever is later. A candidate or a member of a candidate's paid campaign staff, including volunteers reimbursed for time expended on campaign activity, is not allowed to request applications for absentee voting for any person designated in this section unless the person is a member of the immediate family. A request for an application to vote by absentee ballot may be made anytime during the calendar year in which the election in which the qualified elector desires to be permitted to vote by absentee ballot is being held. However, completed applications must be returned to the county registration board in person or by mail before 5:00 p.m. on the fourth day before the day of the election. Applications must be accepted by the county board of registration on the last two Saturdays before the state primary election and general election and until 5:00 p.m. on the day immediately preceding the election for those who appear in person and are qualified to vote absentee pursuant to Section 7-15-320. A member of the immediate family of a person who is admitted to a hospital as an emergency patient on the day of an election or within a four-day period before the election may obtain an application from the registration board on the day of an election, complete it, receive the ballot, deliver it personally to the patient who shall vote, and personally carry the ballot back to the board of registration. The board of registration shall serially number each absentee ballot application form and keep a record book in which must be recorded the number of the form, the name, home address, and absentee mailing address of the person for whom the absentee ballot application form is requested; the name, address, voter registration number, and relationship of the person requesting the form, if other than the applicant; the date upon which the form is requested; and the date upon which the form is issued. This information becomes a public record at 9:00 a.m. on the day immediately preceding the election, except that forms issued for emergency hospital patients must be made public by 9:00 a.m. on the day following an election. A person who violates the provisions of this section is subject to the penalties provided in Section 7-25-170."/.
Amend title to conform.
Rep. HODGES explained the amendment.
Reps. SIMRILL, G. BROWN, MEACHAM, MOODY-LAWRENCE, A. YOUNG, KELLEY and KEEGAN objected to the Bill.
The following Bill was taken up.
H. 4767 -- Reps. Neilson, Rogers, Whipper, Hallman, Gonzales, Sturkie, Quinn, Littlejohn, Govan, McKay, Hines, McCraw, Fulmer, Cobb-Hunter, J. Bailey, G. Bailey, Walker, J. Harris, Beatty, Phillips, Vaughn, Davenport, Rudnick, Richardson, Canty, D. Wilder, Stille, Spearman, Thomas, Breeland, Scott, Moody-Lawrence, Inabinett, Riser, Waites, Koon, Harrison and Corning: A BILL TO AMEND SECTION 20-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT PARENTS HAVE EQUAL ACCESS TO EDUCATIONAL AND MEDICAL RECORDS OF THEIR MINOR CHILDREN.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16047AC.94), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 inserting:
/SECTION 1. Section 20-7-100 of the 1976 Code is amended to read:
"Section 20-7-100. The mother and father are the joint natural guardians of their minor children and are equally charged with their the welfare and education of their minor children and the care and management of their the estates of their minor children; and the mother and father shall have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of such the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to its custody of the child. The welfare of the minor shall be the first consideration and the court having jurisdiction shall determine all questions concerning the guardianship of the minor. Nothing herein contained shall be construed to relieve the father of his common-law obligation to support his children, nor shall it be construed to increase the liability of the mother to support the children."/
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 443 -- Senators Richter, Rose, Giese and Reese: A BILL TO AMEND SECTION 30-4-40(a)(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS DECLARED EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN PUBLIC DOCUMENTS OR RECORDS OF A PERSONAL NATURE MAY NOT BE DISCLOSED FOR COMMERCIAL SOLICITATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name 94L:\council\legis\amend\CYY\16051AC.94).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 30-4-40(a)(2) of the 1976 Code is amended to read:
"(2) Information of a personal nature where the public disclosure thereof would constitute unreasonable invasion of personal privacy. , including, but not limited to, Information of a personal nature shall include, but not be limited to, information as to gross receipts contained in applications for business licenses. and information relating to public records which include the name, address, and telephone number or other such information of an individual or individuals who are handicapped or disabled when the information is requested for person to person commercial solicitation of handicapped persons solely by virtue of their handicap. This provision must not be interpreted to restrict access by the public and press to information contained in public records."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. MARCHBANKS moved to adjourn debate upon the Bill until Tuesday, May 10, which was adopted.
The following Bill was taken up.
S. 872 -- Senators Moore, Leventis, Greg Smith, Short and Mescher: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE CONDITIONS UNDER WHICH GRANDPARENT VISITATION MAY BE GRANTED.
Rep. R. SMITH proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16178AC.94), which was adopted.
Amend the bill, as and if amended, by deleting Section 2 and inserting:
/SECTION 2. Application of the provisions of Section 20-7-420(33) of the 1976 Code, as amended by Section 1 of this act, to an existing order for grandparent visitation in effect on this act's effective date does not, in and of itself, constitute grounds for modification of that existing order.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. R. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. ROBINSON moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 5196 -- Reps. Rogers, J. Brown, Byrd, Corning, Cromer, Harrison, Neal, Quinn, Scott, Shissias and Waites: A HOUSE RESOLUTION EXTENDING CONGRATULATIONS TO MR. JOHN W. FLING OF COLUMBIA ON HIS SELECTION BY THE GOVERNOR'S OFFICE, DIVISION ON AGING, AS THE "1994 OUTSTANDING OLDER SOUTH CAROLINIAN".
The Resolution was adopted.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 907 -- Senators Passailaigue, McConnell and Giese: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY AUTHORITY TO LEVY BUSINESS LICENSE TAXES ON INSURANCE COMPANIES SO AS TO EXPRESSLY PROHIBIT COUNTIES FROM LEVYING BUSINESS LICENSE TAXES ON INSURANCE COMPANIES.
Rep. HODGES explained the Bill.
S. 1189 -- Senators Elliott, Rankin, Courtney, Reese, Waldrep, Short, Peeler, McGill, Glover, Lander, Mescher, Washington, Holland, Drummond, O'Dell, Russell, Giese and Leventis: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, BY ADDING CHAPTER 46 SO AS TO ENACT THE "TELEPHONE COOPERATIVE ACT"; AND TO AMEND SECTION 33-45-20, RELATING TO COOPERATIVE ASSOCIATIONS AND RESTRICTIONS ON USE OF THE TERM "COOPERATIVE", SO AS TO PERMIT THE USE OF THAT TERM BY CORPORATIONS AS PART OF THEIR CORPORATE OR OTHER BUSINESS NAME OR TITLE IF SUCH CORPORATIONS ARE INCORPORATED UNDER CHAPTER 46 OF TITLE 33.
S. 1287 -- Senators Richter and Stilwell: A BILL TO AMEND SECTION 43-35-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT OFFICERS TAKING VULNERABLE ADULTS IN A LIFE THREATENING SITUATION INTO PROTECTIVE CUSTODY, SO AS TO TRANSFER THE DUTIES IMPOSED BY THIS SECTION UPON THE CIRCUIT SOLICITOR TO THE DEPARTMENT OF SOCIAL SERVICES.
H. 4625 -- Reps. Tucker, G. Bailey, Haskins, Harwell, J. Wilder, Davenport, Carnell, Hodges, D. Smith, Harrison, R. Young, Harvin, Gonzales and Graham: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY AND RETIREMENT BENEFITS FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO CONFORM THE ELIGIBILITY FOR ADDITIONAL BENEFITS BECAUSE OF LENGTH OF SERVICE FOR SOLICITORS TO THE YEARS OF SERVICE REQUIRED FOR A SOLICITOR TO BE ELIGIBLE TO RETIRE.
Rep. TUCKER explained the Bill.
H. 5039 -- Reps. Snow, Harvin and Kennedy: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO THREE HUNDRED THIRTY-SIX THOUSAND FIVE HUNDRED DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN WILLIAMSBURG COUNTY.
H. 5079 -- Rep. Boan: A BILL TO AMEND SECTIONS 8-11-700, 8-11-720, AS AMENDED, 8-11-730, AS AMENDED, 8-11-740, AND 8-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE EMPLOYEE LEAVE-TRANSFER PROGRAM, SO AS FURTHER TO DEFINE WHAT CONSTITUTES A PERSONAL EMERGENCY FOR WHICH TRANSFERRED LEAVE MAY BE USED, AND TO MAKE OTHER TECHNICAL CHANGES FOR THE OPERATION OF THE PROGRAM.
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.
Rep. MARCHBANKS explained the Bill.
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.
On motion of Rep. TUCKER, with unanimous consent, it was ordered that H. 4625 be read the third time tomorrow.
On motion of Rep. KENNEDY, with unanimous consent, it was ordered that H. 5039 be read the third time tomorrow.
On motion of Rep. BOAN, with unanimous consent, it was ordered that H. 5079 be read the third time tomorrow.
On motion of Rep. J. BAILEY, with unanimous consent, it was ordered that H. 5106 be read the third time tomorrow.
On motion of Rep. HALLMAN, with unanimous consent, it was ordered that H. 5121 be read the third time tomorrow.
Rep. J. BAILEY moved to adjourn debate upon the following Bill until Tuesday, May 10, which was adopted.
S. 992 -- Senator Land: A BILL TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE FOR AN ADDITIONAL HUNTING VIOLATION PERTAINING TO RACCOONS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR RACCOON AND OPOSSUM IN GAME ZONE 9; TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO REQUIREMENTS FOR HUNTING RACCOONS AND OPOSSUMS, SO AS TO INCLUDE FOX AND PROVIDE FOR ADDITIONAL REQUIREMENTS AND PENALTIES; AND TO AMEND SECTION 50-11-2500, AS AMENDED, RELATING TO PERMITS TO HOLD FUR AFTER THE SEASON FOR TAKING FURBEARERS, SO AS TO INCLUDE FURBEARERS AND THEIR PELTS WITHIN THE PERMIT APPLICATION AND RELATED REQUIREMENTS.
Rep. CATO moved to adjourn debate upon the following Bill until Tuesday, May 10, which was adopted.
H. 4973 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-935 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.
The following Bill was taken up.
S. 127 -- Senator Rose: A BILL TO AMEND SECTION 59-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF NEW TEXTBOOKS, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION NOT TO ADOPT A TEXTBOOK WHICH CONTAINS SUBSTANTIVE ERRORS; TO AMEND SECTION 59-31-510, RELATING TO CONTRACTS WITH PUBLISHERS FOR RENTAL OR PURCHASE OF BOOKS, SO AS TO REQUIRE THAT THE CONTRACT CONTAINS A PROVISION REQUIRING BOOKS TO BE FREE OF SUBSTANTIVE ERRORS; TO AMEND SECTION 59-31-600, RELATING TO STANDARDS FOR ADOPTION OF TEXTBOOKS, SO AS TO REQUIRE ONE LAYPERSON AND THAT A MAJORITY OF THE COMMITTEE MEMBERS HAVE EXPERTISE IN AREA UNDER CONSIDERATION AND TO PROVIDE ADDITIONAL CRITERIA TO RATE TEXTBOOKS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-31-700 SO AS TO PROVIDE FOR PUBLIC REVIEW AND HEARINGS BEFORE TEXTBOOKS ARE ADOPTED BY THE STATE BOARD OF EDUCATION.
Rep. MEACHAM proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16202AC.94).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act is known as the Textbook Reform Act of 1993.
SECTION 2. The 1976 Code is amended by adding:
"Section 59-5-66. The State Board of Education shall appoint an Instructional Materials Review Panel for each area of study in which textbooks or instructional materials are considered. The board shall promulgate regulations pertaining to the membership of the panel and guidelines for the panel. In promulgating regulations, the board shall recommend that twenty-five percent of the persons appointed to the panel be lay people. A representative of a publisher that solicits the sale of instructional materials in this State or an employee of a publisher or representative or employee of a business that sells instructional materials to public schools or public post secondary educational institutions must not be appointed to an instructional materials review panel."
SECTION 3. The 1976 Code is amended by adding:
"Section 59-31-35. The State Board of Education, through the State Department of Education, shall develop criteria for the appraisal of textbooks offered for sale in the State."
SECTION 4. The 1976 Code is amended by adding:
"Section 59-31-45. Copies of proposed textbooks approved by the Instructional Materials Review Panel must be made available to the public for review at sites geographically dispersed around the State at least thirty days before the date of the state board meeting at which adoption of the textbook is to be discussed. The department must provide notice to the public of the availability of the textbooks at public review sites in a newspaper of general circulation in each congressional district."
SECTION 5. The 1976 Code is amended by adding:
"Section 59-31-555. The publisher shall provide for correction of materials in the event typographical or factual errors are found. The State Department of Education, in the contract for textbooks, shall cause a provision to be included providing for a penalty or replacement of materials for typographical errors, errors of fact, or other similar mistakes in the event the publisher does not act in good faith to correct errors."
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. MEACHAM explained the amendment.
Reps. SCOTT, ROGERS, COBB-HUNTER, WHIPPER, INABINETT, WHITE, WILLIAMS, NEAL and J. BROWN objected to the Bill.
The following Bill was taken up.
H. 4031 -- Reps. M.O. Alexander and Phillips: A BILL TO AMEND SECTION 56-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPIRATION OF DRIVER'S LICENSE, RENEWAL, VISION TESTS, AND REEXAMINATIONS, SO AS TO CHANGE THE MANNER OF PROOF THAT A PERSON ON ACTIVE MILITARY DUTY OUTSIDE THE STATE MUST PRESENT TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO QUALIFY FOR RENEWAL OF HIS DRIVER'S LICENSE.
The Education and Public Works Committee proposed the following Amendment 1 (Doc Name L:\council\legis\amend\N05\7801BDW.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The last paragraph of Section 56-1-210 of the 1976 Code is amended to read:
"If the a person's license of any person expires, and he was is unable to renew it before its expiration date because he was is on active military duty outside this State for a continuous period of at least thirty days immediately prior to before the expiration date or because he was is the spouse or dependent living for a continuous period of at least thirty days immediately prior to before the expiration date with a person on active military duty outside this State, the person, within forty-five sixty days after returning to this State, the person may renew the his license in the manner permitted by this section as though the license had not expired. The department may require proof that a from the person that he qualifies for renewal of his license under this paragraph as the department considers necessary. Upon request, the person shall provide the department with a copy of his military service record, a document of his branch of military service showing the date of active military duty outside the State, or other evidence presented by the person showing the dates of service."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. FARR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. FARR, with unanimous consent, it was ordered that H. 4031 be read the third time tomorrow.
The following Bill was taken up.
H. 4330 -- Reps. Fair, Corning, Snow and Harvin: A BILL TO AMEND SECTION 56-5-2530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING IN PROHIBITED SPECIFIED AREAS, SO AS TO PROVIDE AN EXCEPTION FOR POSTAL SERVICE CARRIERS OR BUSINESSES PROVIDING MAIL, PARCEL, OR PACKAGE DELIVERY THAT MAKE FREQUENT STOPS FOR SHORT PERIODS OF TIME.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7814BDW.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-2530 of the 1976 Code is amended by adding:
"(C) This section does not prohibit a federal postal service carrier from stopping, standing, or parking along a rural roadway for frequent short intervals during delivery of mail, parcels, or packages. As used in this section, 'rural' means an area outside the incorporated areas of the county."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. FARR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. FARR, with unanimous consent, it was ordered that H. 4330 be read the third time tomorrow.
The following Bill was taken up.
H. 3094 -- Reps. Kirsh and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-735 SO AS TO PROVIDE THAT BUNGY JUMPING AND REVERSE BUNGY JUMPING ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR VIOLATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9157JM.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act is intended to specify and give guidance as to the site and site approval, testing of equipment, the management of the operation, the operating procedures, and the provisions and emergency procedures relating to bungee operations in this State.
SECTION 2. (A) For purposes of this act, the term "bungee jumping" includes and refers to the sport, activity, or practice of jumping, stepping out, dropping, or otherwise being released into the air while attached or fastened to a cord made of rubber, latex, or other elastic-type material, whether natural or synthetic, whereby the cord stops the fall, lengthens and shortens, allows the person to bounce up and down, and is intended to finally bring the person to a stop at a point above the surface.
(B) Each bungee operation must be considered a new device.
SECTION 3. (A) The practice of bungee jumping from a device other than a fixed platform is prohibited in this State.
(B) The practice of bungee jumping using an ankle harness is prohibited in this State.
(C) The practice of pre-stretching and releasing bungee cords for the purpose of catapulting jumpers is prohibited in this State.
(D) The practice of bungee jumping over water, sand, or any surface other than a safety air bag is prohibited in this State.
(E) The practice of tandem or multiple bungee jumping is prohibited in this State.
(F) The practice of sandbagging is prohibited in this State. For purposes of this act, "sandbagging" means the practice of holding onto any object (including another person) while bungee jumping, for the purpose of exerting more force on the bungee cord in order to stretch it further, and then releasing the object during the jump causing the jumper to rebound with more force than could be created by the jumper's weight alone.
(G) The use of any mechanical lifting device in conjunction with bungee jumping is prohibited.
SECTION 4. (A) Upon violation of any provision of this act, the department, as defined in this act, may, in its discretion, impose fines and penalties on the owner or may suspend, revoke, or otherwise restrict the operation's permit.
(B) No person may operate a bungee jump operation in this State if the department has suspended or revoked the operation's permit. No person may operate a bungee jump operation in this State if the department has issued a stop operation order or imminent danger order prohibiting the operation of that bungee operation. Any person who violates this section is subject to the penalties and remedies provided by law.
SECTION 5. The following definitions are applicable for the purposes of this act:
(1) "Air bag" means a device which cradles the body and which uses an air release breather system to dissipate the energy due to a fall, thereby allowing the person to land without an abrupt stop or bounce.
(2) "Binding of cord" means material used to hold the cord threads in place and which can also protect the cord threads from damage.
(3) "Breaking load" means the stress or tension steadily applied and just sufficient to break or rupture.
(4) "Bumper" means a padded sleeve or covering on the bungee cord and connecting straps or devices to prevent the jumper from contacting or becoming entangled in the bungee cord or connecting straps or devices.
(5) "Bungee catapulting" or "reverse bungee jumping" means the sport, activity, or practice whereby a person is attached to a bungee cord which is stretched and then released, thus catapulting or otherwise launching the jumper into the air from a fixed position. Bungee catapulting is prohibited in this State.
(6) "Bungee cord" means the elastic cord made of rubber, latex, or other elastic-type materials, whether natural or synthetic, to which the jumper is attached. Such cord lengthens and shortens and thus produces a bouncing action.
(7) "Bungee jumping" means the sport, activity, or other practice of jumping, diving, stepping out, dropping, or otherwise being released into the air while attached to a bungee cord, whereby the cord stops the fall, lengthens and shortens, allows the person to bounce up and down, and is intended to finally bring the person to a stop at a point above the landing surface.
(8) "Carabineer" means a shaped metal or alloy device used to connect sections of the jump, equipment, or safety gear.
(9) "Cord" means the same as "bungee cord".
(10) "Dynamic loading" means the load placed on the attachments by the initial free fall of the jumper and the bouncing movements of the jumper.
(11) "Equipment" means each component which is utilized in a bungee jump operation, including power or manually operated devices to raise, lower, and hold loads.
(12) "Fence" means a permanent or temporary structure designed and constructed to restrict people, animals and objects from entering the designated bungee jumping area.
(13) "Incident" means an event that could or does result in:
(a) injury to a person,
(b) damage to equipment, or
(c) the interruption or stopping of bungee jumping operations.
(14) "Jump area" means the maximum area in all directions designed for the movement of the jumper.
(15) "Jump crew" means all personnel who assist the jump master in preparing a jumper for jumping.
(16) "Jump direction" means the direction in which a jumper is aimed when jumping from the jump point.
(17) "Jump height" means the distance from where the jumper begins to fall to the bottom of the jump zone.
(18) "Jump master" means a person who has responsibility for the bungee jumping operation, and including a person who takes a jumper through the final stages to the actual jump and who operates the lowering system whereby the jumper is lowered to the landing pad.
(19) "Jump operator" means a person who assists the jump master in preparing a jumper for jumping.
(20) "Jump point" means the position from which the jumper falls or begins to fall.
(21) "Jump space" means the jump zone plus the safety space.
(22) "Jump zone" means the space bounded by the maximum designed movements of the jumper or any part of the jumper.
(23) "Jumper" means the person who falls from a height attached to a bungee cord.
(24) "Jumper harness" means an assembly to be worn by a jumper and to be attached to a bungee cord. Such harness is designed to prevent the jumper from becoming detached from the bungee cord.
(25) "Jumper weight" means the weight of the jumper only.
(26) "Landing area" means the surface area directly under the jump space.
(27) "Landing pad" means the padded area on which the jumper is off-loaded after jumping by means of the lowering appliance or equipment.
(28) "Lateral direction" means the movement of the jumper measured at 90 degrees to the designed jump direction.
(29) "Loaded length" means the length of the bungee cord when extended to its fullest designed length when jumping.
(30) "Lowering system" means the lowering system is a combination of components that connects the jumper through the bungee cord to an attachment point on the structure. The system includes, but is not limited to, ropes, cables, pulleys, carabineers, shackles, and lowering equipment.
(31) "Operating system" means the system of processing a jumper through the jump methods used on a particular site, including registration, preparation, getting to the jump point, methods of attachment, jumping, lowering system, and the landing recovery method.
(32) "Operations manual" means the document that contains the procedures and forms for the operation of the bungee jumping activity and equipment on the stated site.
(33) "Owner" means the person who owns or operates or both owns and operates, a bungee jumping operation, or the lessee if a bungee jumping operation or any of its component parts are leased.
(34) "Permanent platform" means the apparatus attached to a fixed structure from which the jumper falls or jumps.
(35) "Preparation area" means the area where the jumper is prepared for jumping. It is a separate area on the ground, the support structure, or part of the platform.
(36) "Professional mechanical engineer" means a person who holds a valid license as a professional engineer.
(37) "Recovery area" means an area adjacent to the landing area where the jumper may recover from the jump before returning to the public area.
(38) "Safe working load" (SWL) means the maximum rated load which can be safely handled under specified conditions by a machine, equipment or component of the rigging.
(39) "Safety factor" means the ratio obtained by dividing the breaking load of any piece of equipment by its safe working load.
(40) "Safety harness" means an assembly to be worn by a staff member or jumper. It is designed to be attached to a safety line and to prevent the wearer from becoming detached from the safety line.
(41) "Safety line" means a line used to connect the safety harness or belt to an anchorage point or rail in situations where there is a risk of free fall.
(42) "Safety space" means the space extending beyond the jump zone as a safety factor, that is, the space beyond the maximum designed movements of the jumper.
(43) "Structure" means a permanent tower or similar erection that is used, or proposed to be used, for bungee jumping.
(44) "Testing authority" means an organization acceptable to the department for the purpose of testing the performance of bungee cords, equipment, and structure.
(45) "Thread" means a single strand of material used in a bungee cord which is constructed of a varying number of threads.
(46) "Unloaded length" means the length of the bungee cord lying on a horizontal flat surface without load or stress applied.
(47) "Department" means the Department of Labor, Licensing and Regulation of the State of South Carolina.
(48) "Director" means the director of the Department of Labor, Licensing and Regulation or the director's designee.
(49) "Bungee jumping facility" means an establishment where bungee jumping is performed.
(50) "Webbing" means a flat, tubular, mountaineering material sewn into double or triple loops used as an attachment on bungee cords.
(51) "Tape knot" means a knot designed for attachment.
(52) "Serious injury" means an injury that requires medical treatment, other than first aid, by a physician. "First aid" means the one-time treatment or subsequent observation of scratches, cuts not requiring stitches, minor burns, splinters, and contusions or a diagnostic procedure, including examinations and x-rays, which does not ordinarily require medical treatment even though provided by a physician or other licensed professional personnel.
SECTION 6. (A) It is unlawful for any person to own or operate a bungee jump facility in this State without first having obtained a permit from the department.
(B) Any person desiring to own or operate a bungee jump facility in this state shall file with the department an application in writing on a form approved by the department accompanied by the appropriate fee. Such application shall also include the following:
(1) a site operation manual which includes criteria for planned inspections by the operator;
(2) a report which contains site plans, drawings, specifications of equipment and structures, equipment locations, safety zones, safety space, fences, jump zones, and jump space;
(3) proof of insurance coverage meeting the requirements set forth in this Chapter;
(4) a licensed mechanical engineer's report certifying that the design and construction of the structures, equipment, access ways, and operating areas meet the requirements of:
(a) regulations promulgated pursuant to this Chapter,
(b) any applicable local laws, codes, or ordinances,
(c) the American Society of Testing and Materials (ASTM) Committee F-24 Standards on Amusement Rides and Devices, fourth edition, 1992 (which is adopted and incorporated in this act by reference and copies of which may be obtained from ASTM, 1916 Race Street, Philadelphia, PA 19103), and
(d) other applicable government codes, which are certified by the engineer to be suitable for a bungee jumping operation.
(C) An owner or operator must also submit a revised report to the department for approval prior to substantially rebuilding, or substantially modifying, a bungee jump facility.
(D) The department is authorized to charge the following temporary fees until permanent fees are established by regulation:
(1) an initial permit fee of seven hundred dollars;
(2) an annual renewal fee of four hundred fifty dollars;
(3) a report revision fee of two hundred fifty dollars.
(E) In order to carry out the provisions of this chapter, the department shall retain such fees and other funds as may come into its possession pursuant to this chapter.
(F) The department must conduct on-site inspections of each permitted bungee jump facility at least once annually and must also conduct at least two unannounced on-site inspections per year. The inspections may be conducted by department personnel or by independent engineers on an independent contractor basis.
SECTION 7. Before the department may issue a permit to the owner or lessee of a bungee jumping facility, the owner or lessee of the facility shall furnish the department with proof that he has purchased insurance from an acceptable insurer in an amount of not less than one million dollars per occurrence against liability for injury to persons arising out of the use of the facility and that the policy of liability is in effect. The amount of the deductible provision in the policy of insurance is dependent upon the owner's or the lessee's proof of financial responsibility and must be established on a case-by-case basis. For purposes of this section, an acceptable insurer for a facility is an insurer which is either licensed and in good standing by the Chief Insurance Commissioner of South Carolina or approved by the Chief Insurance Commissioner as an eligible surplus lines insurer for risks located in this state. Each policy, by its original terms or an endorsement, shall obligate the insurer to give the department thirty days written notice of any proposed cancellation, suspension, or nonrenewal and a complete report of the reasons for the cancellation, suspension, or nonrenewal. In the event the liability insurance is canceled, suspended, or nonrenewed, the insurer shall give immediate written notice to the department. This section may not be construed to expand any of the rights granted the employees of the owners, operators, or lessees under the workers' compensation laws of this state.
SECTION 8. (A) The owner must allow bungee jumps to be conducted only under the direct control of a jump master.
(B) Adjustments for the weight of each jumper must be made by the jump master's selection of bungee cords and setting on the lowering equipment.
SECTION 9. (A) The owner must secure the consent of a parent or guardian for any jumper who is under the age of 16. The parent or guardian must be over 18 years old and must sign an authorization stating he or she is the jumper's parent or guardian and is consenting to the bungee jump. The authorization must be permanently retained by the owner with the daily log.
(B) The owner must disclose to each jumper all medical conditions which may be adversely affected by jumping. The owner must make disclosure, at a minimum, with respect to the following medical conditions:
(1) pregnancy;
(2) back or neck injury;
(3) heart condition;
(4) broken bone.
(C) Any jumper who, in the opinion of the bungee staff, represents a danger to himself or others shall not be allowed to jump.
(D) Jumpers in an intoxicated state shall not be allowed to jump.
SECTION 10. (A) The permanent platform must be operated with a minimum safe working load (SWL) reflecting a safety factor of not less than 5, as determined by the maximum load for which the platform is designed and constructed. If the jump equipment is attached to the platform as distinct from the structure, the dynamic load factor must be added to the platform load factor.
(B) Where the platform is not an integral part of the structure, the attachment devices and the part of the structure to which they are attached must have a minimum safety factor of at least 5 over the total design load.
(C) The platform must have a slip resistant floor surface.
(D) The platform must have sufficient working space for a minimum of three people.
(E) The platform must have anchor points or rails for safety harnesses which are designed and positioned so as not to impede the jump operator's movements.
(F) The platform must be fitted with a permanent enclosure to contain the jumper during preparation.
(G) The jumpers must be prepared for jumping in a place separated from the jump point.
(H) There must be a gate across the jump point to prevent accidental opening when there is not a jumper present on the jump point.
(I) The top of all bungee cords on the platform must be securely attached to the lowering system before each jumper is prepared for jumping and before jumping occurs. All cord connections must be visible to the jump master and checked before each jump.
(J) There must be a plate or permanent marking on each platform indicating the maximum capacity of the platform.
SECTION 11. The jump point shall be no higher than eighty feet above the landing area.
SECTION 12. (A) The owner must provide a safety air bag for each bungee jump. The safety air bag must cover the entire surface area of the jump space. A professional mechanical engineer must certify the height, width, and length of the safety air bag for the height of each bungee jump.
(B) The safety air bag height must be certified or rated by the air bag manufacturer for the height of the bungee jump.
SECTION 13. The owner must comply with the following as to the landing area, recovery area, and jump space:
(1) these areas must be free of spectators at all times;
(2) these areas must be free of any equipment or staff when a jumper is being prepared on the jump point and until the bungee cord is at its static extended state;
(3) the off-loading landing pad or air bag must be positioned before jumper preparation commences on the platform;
(4) the landing pad must be a clean, smooth, padded surface.
SECTION 14. The owner must provide a system for lowering the jumper to the landing pad which must be a mechanically powered system not capable of free fall and operated by the jump master. The owner must also provide a second person to monitor the lowering of all jumpers who must be capable of stopping the process if necessary to avoid injuries to the jumper.
SECTION 15. (A) The bungee cord must be designed and tested to perform within prescribed limits of stretch and load as stated in this act.
(B) The cord must be made from natural or synthetic rubber or blends thereof that may be of various dimensions.
(C) The materials used in the construction of the cord must be such that the stretched length is consistent each time the same loading is applied.
(D) For cord binding the following requirements apply:
(1) the binding must hold the cord threads together in their designed positions;
(2) the binding material must have characteristics or specifications similar to those of the bungee cord material;
(3) the cord bindings must be intact;
(4) where bindings break during a day's operation, the cord must be withdrawn from use until the bindings are replaced;
(E) The following requirements apply to bungee cords:
(1) the cord must stretch in the jump to at least 2.5 times its unloaded length in its designed jumper weight range;
(2) the unloaded length of the system must be less than half the designed extended length;
(3) with respect to maximum loaded length, the operating length of a bungee cord at its maximum designed dynamic load must not exceed four times its unloaded length.
(F) With respect to bungee cord end attachment, each end of the cord must have an end attachment to connect the cord to the lowering system and the jumper. The end attachments must be certified by the manufacturer to be of sufficient size and shape to allow easy attachment to the jumper harness and to the lowering system and have a minimum breaking load of at least four thousand four hundred pounds.
(G) With respect to "maximum cord life", the maximum allowable life of the cord must not exceed one-fourth the tested number of extensions or three hundred jumps, whichever is lower.
(H) A cord and its nonmetallic connectors must be immediately withdrawn from use when any of the following occurs:
(1) the cord reaches its maximum cord life as defined in subsection (F) of this section;
(2) exposure to daylight exceeds two hundred fifty hours;
(3) the cord has been in existence for a period of six months from the date of manufacture;
(4) the cord material reaches the manufacturer's recommended life span or two hundred days, whichever is less;
(5) notwithstanding the cord manufacturer's stated maximum cord life, whenever there is evidence of threads exhibiting wear, such as bunched threads, uneven tension between threads or thread bands;
(6) when the cord comes into contact with solvents or corrosive or abrasive substances.
(I) A cord withdrawn from use must be destroyed. The bungee cord is considered to be destroyed when it is cut into lengths of less than 3 feet.
(J) The owner must ensure that a bumper is used to cover the end of the bungee cord and all connecting straps and devices, where attached to the jumper. The bumper must be at least six inches in diameter and 5 feet in length. The bumper must be fastened in such a manner so as to prevent its slipping up and down the bungee cord.
(K) All bungee cords used in bungee jumping operations must be designed as to thickness and length for the height of the jump so as to prevent the looping of the cord around any part of the jumper's body during a jump.
(L) Each cord must have a permanent serial number. A record detailing the serial number of the cord used for each jumper must be retained by the owner for a period of at least three years.
(M) (1) Each manufacturer desiring to utilize a new design of bungee cord must submit to a professional mechanical engineer for testing one bungee cord which has been constructed using the standard method of manufacture, including the bungee and all attachments, and two three-foot lengths of bungee cord with end attachments to the same specification. Specifications for each cord must also be submitted to the engineer and shall include:
(a) the type of material used in the manufacture of the cord;
(b) thread specifications, including three hundred percent elongation, tensile strength, and elongation at breaking point;
(c) dimensions and number of threads in a cross section of the cord;
(d) method of construction;
(e) method of binding;
(f) jumper weight range for size of cord submitted for testing to produce the extension from 2.5 times to a maximum of four times the unloaded length of the cord;
(g) operational range of dynamic loadings.
(2) The engineer must test the bungee cord and certify that the cord meets the cord specifications as submitted. The full length cord must be subjected to at least three repeat tests for loading versus extension in order to establish consistency of extension within the cord range of loading. The full length cord must be subjected to a loading of five times the maximum weight of jumper on that particular cord for a period greater than five minutes and then checked for signs of thread breakage or other deterioration. This procedure must establish a minimum safety factor of 5.
(3) The engineer must carry out a cycle frequency test until the load at three hundred percent extension or four times unloaded length reduces to less than the maximum load.
(4) Upon completion of this required testing, the engineer must destroy the full length cord.
(5) For purposes of this section, a new design means:
(a) a change in bungee thread specifications that affects the performance of the bungee threads or cord;
(b) a change in the manufacturing methods or equipment.
SECTION 16. No bungee jump shall be operated unless the owner provides and requires each jumper to use a jumper harness that meets the following requirements:
(1) A jumper harness must be full-body, designed either as a full-body harness or a sit harness with shoulder straps and must be certified by a professional mechanical engineer as being in accordance with the requirements of one of the following:
(a) Chapters A, B, C, and E, General Regulations for the UIAA Label, Ropes for Mountaineering, Carabineers, and Harnesses, respectively, from The Union Internationale Des Associations D'Alpinisme (adopted and incorporated by reference), 1380 Fairfield Woods Road, Fairfield, Connecticut 06430; or
(b) the National Fire Protection Association (NFPA) 1983 Fire Service Life Safety Rope, Harness, and Hardware, 1990 Edition (adopted and incorporated by reference), copies of which may be obtained from NFPA, Post Office Box 9101, Quincy, Massachusetts 02269-9101; or
(c) the American National Standards for Construction and Demolition Operations-Requirements for Safety Belts, Harnesses, Lanyards and Lifelines for Construction and Demolition Use approved on July 31, 1991 by the American National Standards Institute, Inc., and published by the National Safety Council, (adopted and incorporated by reference), copies of which may be obtained from National Safety Council, 1121 Spring Lake Drive, Itasca, Illinois 60143-3201.
(2) A jumper harness must be available to fit jumpers ranging from forty pounds to two hundred and fifty pounds and must be properly adjusted and fitted on each jumper.
(3) The jumper harness must be certified by a professional mechanical engineer as appropriate for use in bungee jumping and must have a safety factor of not less than 5.
(4) A professional mechanical engineer must certify that the method of attachment and location of attachment for the jumper harness is the safest available.
(5) The use of an ankle strapping or ankle harness in bungee jumping operations is prohibited in this State.
SECTION 17. All ropes for holding or lowering the jumper must have a breaking load of at least four thousand nine hundred pounds and must be certified by a professional mechanical engineer as being in accordance with the requirements of one of the following:
(1) Chapters A, B, C, and E General Regulations for the UIAA Label, Ropes for Mountaineering, Carabineers, and Harnesses, respectively, from The Union Internationale Des Associations D'Alpinisme; or
(2) The National Fire Protection Association (NFPA) 1983 Fire Service Life Safety Rope, Harness, and Hardware, 1990 Edition; or
(3) The American National Standards for Construction and Demolition Operations-Requirements for Safety Belts, Harnesses, Lanyards and Lifelines for Construction and Demolition Use, approved on July 31, 1991, by the American National Standards Institute, Inc., and Published by the National Safety Council.
SECTION 18. (A) Carabineers must be of the steel screw gate type with a breaking load of at least four thousand four hundred pounds and must be certified by a professional mechanical engineer as being in accordance with requirements of one of the following:
(1) Chapters A, B, C, and E, General Regulations for the UIAA Label, Ropes for Mountaineering, Carabineers, and Harnesses, respectively, from The Union Internationale Des Associations D'Alpinisme; or
(2) The National Fire Protection Association (NFPA) 1983 Fire Service Life Safety Rope, Harness, and Hardware, 1990 Edition; or
(3) The American National Standards for Construction and Demolition Operations-Requirements for Safety Belts, Harnesses, Lanyards and Lifelines for Construction and Demolition Use, approved on July 31, 1991, by the American National Standards Institute, Inc., and published by the National Safety Council.
(B) Pulleys and shackles must have a minimum breaking load of at least 4,400 pounds and must be certified by a professional mechanical engineer as being in accordance with the requirements of one of the following:
(1) Chapters A, B, C, and E, General Regulations for the UIAA Label, Ropes for Mountaineering, Carabineers, and Harnesses, respectively, from The Union Internationale Des Associations D'Alpinisme; or
(2) the National Fire Protection Association (NFPA) 1983 Fire Service Life Safety Rope, Harness, and Hardware, 1990 Edition; or
(3) the American National Standards for Construction and Demolition Operations-Requirements for Safety Belts, Harnesses, Lanyards and Lifelines for Construction and Demolition Use, approved on July 31, 1991, by the American National Standards Institute, Inc., and published by the National Safety Council.
(C) The pulleys must be compatible with the rope size.
(D) Webbing must be of flat, tubular, mountaineering webbing, or the equivalent, with a minimum breaking load of at least four thousand four hundred pounds.
(E) Tape knots must be used on all webbing and the ends must be either stitched down or must be greater than twice the width of the tape.
SECTION 19. (A) Life lines must be attached to all bungee personnel while on the working platform. Life lines must have a minimum breaking load of at least four thousand nine hundred pounds.
(B) Whenever exposed to a fall hazard, the jumper must be attached to a safety harness or bungee cord.
(C) A safety harness and life line attached to the platform must be worn by all bungee personnel while on the working platform. The harness must be either a lower harness or a full-body harness.
SECTION 20. (A) The owner must ensure that:
(1) all bungee cords, carabineers, carabineer straps, safety foam, harnesses, lowering or braking systems and safety gear are regularly inspected and tested as set out in the operations manual and in this chapter. The owner must maintain detailed written inspection records which indicate the date of inspection, name of the inspector, list of items inspected, deficiencies found during the inspection, actions taken to correct the deficiencies found, and certification that all deficiencies have been corrected before further bungee jumping operations are conducted;
(2) all jump rigging, harnesses, lowering or braking systems, and safety gear are of a load rating at least equal to the standards stated in this act.
(B) The owner must replace any equipment or hardware which has become damaged.
(C) The owner must replace any ropes which have become damaged.
(D) All ropes, webbing, and bindings must be inspected visually for signs of wear, fraying, or corrosive or damaging substances. Criteria for the planned inspection must be included in the operations manual.
(E) Criteria for the periodic replacement of ropes, webbing, harnesses, and hardware must be included in the operations manual.
(F) The owner must ensure that the bungee jump operation has a current certificate to operate issued by the department.
(G) Any items of equipment or personal protective equipment found to be substandard must be replaced immediately.
(H) Jumping must cease immediately when a substandard item cannot be replaced.
(I) The owner must provide in the operations manual the color codes for the bungee cords used at the bungee site which correspond to different weight classes. There must be a minimum of 4 weight classes or progressions at each bungee site.
SECTION 21. The owner must provide storage to protect equipment from physical, chemical, and ultraviolet ray damage. The storage must be provided for current, replacement, and emergency equipment, organized for easy and orderly access, and secured against unauthorized entry.
SECTION 22. The owner must maintain a fence designed and constructed to restrict people, animals, and objects from entering the tower area, the preparation area, the surface area of the jump space, and all areas specified by the local building code or the mechanical engineer who certifies the bungee operation.
SECTION 23. The owner must provide and maintain or ensure at each bungee site, at a minimum, the following:
(1) there must be a public address system;
(2) there must be a radio communication link or closed telephone circuit on permanent platform sites between the platform and the landing and recovery areas;
(3) bungee jump personnel must be easily identified by other staff and the public. A uniform, or similar clothing, must be worn by bungee staff.
SECTION 24. A sign must be erected at each bungee jumping site reflecting the following: the medical, weight, and age restrictions for jumpers.
SECTION 25. The owner must provide and maintain a telephone communication link to 911, or similar emergency service, within two hundred feet of the bungee operation.
SECTION 26. The owner must provide for, maintain, and ensure the following:
(1) at least one jump master must be designated "Safety, Health, and Loss Control Coordinator" and must be certified in CPR and standard first aid;
(2) a comprehensive emergency plan must be developed, practiced, maintained, posted at each bungee jump site, and is included in the operating manual;
(3) training must be provided to all bungee staff relative to emergency procedures, and a record of the training must be kept.
SECTION 27. The owner must provide and maintain emergency procedures for each bungee facility that meet at least the following:
(1) each facility must have an emergency plan contained in the operating manual;
(2) a medium first aid kit must be held on site;
(3) all jump masters must have first aid certificates;
(4) the operations manual must specify the rescue training and qualifications required for all staff on the site;
(5) adequate lighting must be provided at all jump sites that operate after sunset. The lighting system must illuminate the jump point, the jump space, and the landing area;
(6) emergency phone numbers must be posted in a conspicuous place; and
(7) a letter of agreement between the facility and all area emergency response systems whereby the emergency response systems agree to respond to emergency calls from the facility.
SECTION 28. (A) If an accident involving a bungee jump results in death or serious injury, the owner must immediately report the accident to the department and close the bungee jump operation until authorization to resume operations is received from the department.
(B) All accidents relating to a bungee jump operation must be reported to the department within twenty-four hours.
SECTION 29. The owner must maintain at least the following staff at each bungee jump:
(A) Jump master. To be qualified as a jump master, a person must be at least eighteen years of age, and must have had a minimum of two hundred hours, and two hundred and fifty jumps, of incident-free experience as a jump operator under the supervision of a qualified jump master at a bungee jumping operation. The owner or lessee is responsible for maintaining records documenting hours logged and jumps taken. A jump master is responsible for the following:
(1) selecting the bungee cord and adjusting the rigging appropriately for each jumper;
(2) taking the jumper through the final stages to the jump take-off. The jump master must be present at the jump point during each jump;
(3) training of the other bungee staff. All training must be conducted by or under the direct supervision of a jump master;
(4) ensuring that the number of jumps being conducted at a site does not prohibit the bungee staff from carrying out all procedures and duties for each job as set out in the manual;
(5) supervising all staff who are in training.
(B) Registration clerk. The owner or jump master must designate a registration clerk at each bungee site with at least the following duties:
(1) registering the jumper;
(2) weighing and marking of weight of the jumper;
(3) controlling movement of jumpers to jump platform.
(C) Operating team. The owner must provide and maintain an operating team for each bungee jump operation. Each operating team must have a minimum of three staff members involved in the oversight of the jump, one of whom must be a jump master and one of whom must be a jump operator.
SECTION 30. It is the owner's responsibility to ensure that staff take regular breaks to ensure that fatigue does not downgrade their ability to operate an incident-free operation. If continuous operation is planned, then backup staff must be available to allow adequate breaks to occur.
SECTION 31. The owner must provide and maintain an operations manual at each bungee site in accordance with the ASTM-Committee F-24 standards and the following requirements:
(1) For each bungee site, there must be an operations manual which describes the system of operation to be used and which addresses, but is not limited to, the following elements:
(a) complete description of all components in the system which must include manufacturers' specifications;
(b) site plan showing a profile of the site defining the jump platform and its supporting structure, the jump area, the jump zone, and the safety space;
(c) complete description of all bungee staff, jumper, and passenger safety equipment with instructions for proper usage;
(d) complete description of all rescue equipment;
(e) complete job description of all personnel employed on the site with the minimum qualifications of each person and complete detail of work periods required;
(f) complete description of emergency procedures to be taken in all possible scenarios which may occur;
(g) complete description of standard operating procedures of every person employed in the processing of the bungee jumper;
(h) complete description of the reporting to authorities of incidents resulting in injury or death;
(i) complete description of equipment inspection procedures and the recording of those inspections;
(j) complete description of maintenance procedures;
(k) complete description of the method of recording verified qualifications of jump masters employed on the site;
(l) complete description of the criteria for the periodic replacement of hardware, bungee cords, harnesses, and lifelines.
(2) A copy of the operations manual must be maintained at all times on the bungee site during operating hours.
(3) A copy of the operations manual must be submitted to the department. The copy on file at the department must be supplemented when the owner makes revisions to the manual.
SECTION 32. (A) The owner must provide and maintain a written checklist for the daily operating procedures which shall include at least the following:
(1) setting up the site equipment and public amenities;
(2) inspecting and testing of all equipment before beginning daily operations;
(3) inspecting and testing the communication system for proper operation;
(4) inspecting and testing of the jump equipment;
(5) review of the jump procedures with all bungee staff;
(6) review of all emergency procedures with all bungee staff;
(7) conducting test jumps on all bungee cords to be used that day.
(B) The owner must maintain a permanent log of the following daily activities for each bungee site:
(1) confirmation that daily operating procedures were performed and compilation of the corresponding checklist;
(2) compilation of the checklists on jump procedures;
(3) the number of jumps made on each bungee cord which must be done by referencing the permanent identification number of each cord used.
SECTION 33. The owner must provide and maintain written jump procedures which must include at least the following procedures:
(1) exclusion of all unauthorized persons from the operating area;
(2) registration of jumpers, to include:
(a) name;
(b) age;
(c) weight;
(3) jumper briefing;
(4) removal of loose objects from the jumper;
(5) preparation of the jumper which shall include;
(a) harness;
(b) instructions to the jumper;
(c) selection and adjustment of the bungee cord;
(d) connection of the jumper to the lowering system;
(e) recheck of all connection and harness attachments;
(f) final inspection by jump master;
(g) final inspection of jumper;
(h) countdown to jump;
(i) observation of jump;
(6) landing and recovery of jumper;
(7) off-loading of jumper;
(8) return of jumper to the public area;
(9) retrieval of the bungee cord to the platform.
SECTION 34. (A) The owner must provide and maintain a written check list for the close down procedures which shall include at least the following:
(1) equipment cleaning and inspection including corrective actions, if necessary;
(2) completion of written records as required under this chapter;
(3) the necessary daily maintenance of equipment, structures, and facilities.
(B) Failure to complete each procedure outlined in this section constitutes a violation of this act.
SECTION 35. The following documents must be filed with the department by the owner:
(1) site plan;
(2) initial engineer's certification of site and structure;
(3) initial engineer's certification of equipment;
(4) copy of permit;
(5) proof of insurance;
(6) copy of operations manual;
(7) first aid certificates;
(8) reports of annual inspections by the department or engineer;
(9) permit renewals.
SECTION 36. (A) The department may revoke any permit issued pursuant to this chapter if it is determined that a bungee jumping facility is:
(1) being operated without the insurance requirements set forth in this chapter;
(2) being operated with a mechanical, electrical, structural, design, or other defect which presents an excessive risk of serious injury to jumpers, bystanders, operators, or attendants;
(3) being operated without the required documentation or paperwork; or
(4) being operated in a manner not consistent with the operations manual.
(B) Any other violation of the provisions of this chapter may result in a revocation and/or a fine, if written notice of noncompliance is served upon the owner or lessee specifying any violation of the provisions of this chapter and directing the owner or lessee to correct the violations within the period specified by the department. In the event the owner or lessee and the department fail to agree that the violations referred to herein have in fact been corrected, then the department shall give notice of and provide a hearing for the owner or lessee to determine whether compliance has in fact been met. The Administrative Procedures Act shall govern contested cases of this nature and any other contested cases arising under the provisions of this chapter.
(C) Nothing in this chapter prevents an owner or lessee whose permit to operate a bungee jump facility has been revoked pursuant to this section from reapplying for a permit in accordance with this chapter, except as otherwise specifically provided in this chapter. Upon application to have a revoked permit reinstated under this section, the department shall inspect the facility in question as promptly as practical, but in no case more than seventy-two hours after the submission of the application.
SECTION 37. (A) Any person who knowingly and willfully operates a bungee jumping facility in violation of any of the provisions of this chapter is subject to a civil penalty not to exceed two thousand dollars for each facility for each day the violation continues.
(B) Any person who operates a bungee jumping facility in violation of any of the provisions of this chapter is subject to a civil penalty not to exceed two thousand dollars.
SECTION 38. Whenever the department has sufficient evidence that any person is violating any provision of this chapter, it may, in addition to all other remedies, order such person to immediately desist and refrain from such conduct. The department may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from such conduct. An administrative law judge as provided under Article 5 of Chapter 23 of Title 1 may issue a temporary injunction ex parte, and upon notice and full hearing may issue any other order in the matter it deems proper. No bond shall be required of the department by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 as a condition to the issuance of any injunction or order contemplated by the provisions of this section.
SECTION 39. This act takes effect sixty days after approval by the Governor./
Amend title to conform.
Rep. D. SMITH explained the amendment.
The SPEAKER granted Rep. TROTTER a leave of absence for the remainder of the day.
Rep. D. SMITH continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. D. SMITH, with unanimous consent, it was ordered that H. 3094 be read the third time tomorrow.
The following Bill was taken up.
H. 4619 -- Reps. Huff, Wilkins, R. Smith, Sharpe, A. Young and Stone: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO FURTHER PROVIDE FOR THE DUTIES OF A TRUSTEE WITH RESPECT TO ACQUIRING OR RETAINING A CONTRACT OF INSURANCE UPON THE LIFE OF THE TRUSTOR OR TRUSTOR'S SPOUSE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20816SD.94), which was adopted.
Amend the bill, as and if amended, by striking subsection (e) of Section 62-7-302 of the 1976 Code, as contained in SECTION 1, and inserting:
/"(e) Notwithstanding subsections (a) through (d), the duties of a trustee with respect to acquiring or retaining a contract of insurance upon the life of the trustor, or upon the lives of the trustor and the trustor's spouse, children, or parents do not include a duty to:
(i) determine whether any such contract is or remains a proper investment;
(ii) exercise policy options available under any such contract; or
(iii) diversify any such contract.
The trustee is not liable to the beneficiaries under the instrument or to any other party for any loss arising from the absence of this duty upon the trustee. Except as specifically provided in the trust instrument, the provisions of this subsection apply to any trust established before or after the effective date of this subsection and to any life insurance policy acquired by the trustee before or after the effective date of this subsection."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HUFF explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HUFF, with unanimous consent, it was ordered that H. 4619 be read the third time tomorrow.
The following Bill was taken up.
H. 4941 -- Reps. Robinson, Stone, Marchbanks, Govan, Littlejohn, Mattos, Corning, Allison, Sturkie, J. Wilder, Simrill, Law, Wofford, Wright, Sharpe, Harrell, Huff, Wells, Haskins, Riser, Jaskwhich and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1644 SO AS TO PROVIDE THAT LICENSED FOSTER FAMILY CARE PROVIDERS ARE NOT LIABLE FOR LOSSES RESULTING FROM ACTS MADE IN GOOD FAITH WITHIN THE SCOPE OF THEIR OBLIGATIONS AS FOSTER PARENTS; BY ADDING SECTION 43-1-90 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP AN INTERNAL REVIEW SYSTEM FOR CASES IN WHICH A CHILD KNOWN TO THE DEPARTMENT HAS DIED; BY ADDING SECTION 62-2-805 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A PARENT MAY NOT INHERIT FROM A DECEASED CHILD; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO GOVERNMENTAL IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE IMMUNITY FOR LOSSES RESULTING FROM ACTS OR OMISSIONS WITHIN THE SCOPE OF DUTY OF THOSE PERSONS PERFORMING CHILD PROTECTIVE OR CHILD WELFARE RELATED FUNCTIONS; TO AMEND SECTION 15-78-170, RELATING TO ACTIONS OR CLAIMS FOR DEATH OF A PERSON AND THE DIVISION OF RECOVERY SO AS TO PROVIDE THAT ANYONE PRECLUDED FROM INHERITING FROM THE ESTATE OF A DECEASED CHILD MAY NOT ACT AS PERSONAL REPRESENTATIVE NOR BENEFIT FROM ANY PROCEEDING BASED ON INJURY TO OR DEATH OF THE CHILD; AND TO AMEND SECTION 62-3-203, AS AMENDED, RELATING TO PERSONS NOT QUALIFIED TO SERVE AS A PERSONAL REPRESENTATIVE SO AS TO INCLUDE PARENTS PRECLUDED FROM INHERITING FROM THE ESTATE OF THEIR DECEASED CHILD IN THE LEGAL CUSTODY OF THE STATE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16084AC.94), which was adopted.
Amend the bill, as and if amended, by striking SECTIONS 3, 5, and 6 of the bill.
Amend further, by deleting Section 20-7-1644 and inserting:
/Section 20-7-1644. Persons licensed by the South Carolina Department of Social Services to provide foster family care are not liable for losses resulting from acts or omissions within the scope of their obligations as foster parents, when these acts or omissions are made in good faith and do not constitute gross negligence, recklessness, wilfulness, or wantonness. For this immunity to attach the license must be valid at the time of the act or omission. This immunity applies only to foster care provided to children in the custody of a state agency./
Renumber sections to conform.
Amend title to conform.
Rep. HUFF explained the amendment.
The amendment was then adopted.
Reps. HODGES, ROBINSON and HUFF proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\16099AC.94), which was adopted.
Amend the bill, as and if amended, Section 2, page 3, by deleting lines 13-14 and inserting:
/program policies and procedures, take personnel disciplinary action, and involve law enforcement officials, as may be appropriate. Copies of/.
Amend title to conform.
Rep. HUFF explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HUFF, with unanimous consent, it was ordered that H. 4941 be read the third time tomorrow.
Rep. HODGES moved to adjourn debate upon the following Bill until Thursday, May 12, which was adopted.
H. 4742 -- Reps. McLeod, Sturkie, M.O. Alexander, Allison, Barber, G. Brown, H. Brown, Byrd, Cato, Chamblee, Cromer, Davenport, Delleney, Elliott, Farr, Fulmer, Gamble, Hallman, Harrelson, J. Harris, Harrison, Harvin, Haskins, Holt, Hutson, Jaskwhich, Kirsh, Koon, Lanford, Law, Littlejohn, Mattos, McElveen, McKay, Meacham, Moody-Lawrence, Neilson, Rhoad, Richardson, Riser, Rudnick, Simrill, D. Smith, R. Smith, Snow, Stille, Stone, Stuart, Vaughn, Waldrop, Witherspoon, Wofford, Wright and A. Young: A BILL TO AMEND SECTION 20-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE CHILDREN'S CODE, SO AS TO EXPAND THE DEFINITION OF CHILD; TO AMEND SECTION 20-7-390, RELATING TO THE DEFINITION OF CHILD FOR FAMILY COURT JURISDICTION, SO AS TO EXPAND THE DEFINITION; TO AMEND SECTION 20-7-400, AS AMENDED, RELATING TO EXCLUSIVE ORIGINAL JURISDICTION OF THE FAMILY COURT, SO AS TO REDEFINE THE AGE LIMITATIONS FOR PERSONS WHO VIOLATE LOCAL LAWS OR MUNICIPAL ORDINANCES; TO AMEND SECTION 20-7-410, AS AMENDED, RELATING TO FAMILY COURT JURISDICTION OVER JUVENILES FOR VIOLATION OF TRAFFIC AND FISH AND GAME LAWS, SO AS TO DECREASE THE AGE LIMIT FOR JURISDICTION; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO JURISDICTION OF CIRCUIT COURTS OVER JUVENILES, SO AS TO DECREASE THE AGE TO FOURTEEN TO TREAT A JUVENILE AS AN ADULT FOR VIOLENT CRIMES AND WEAPON CHARGES AND TO DECREASE THE AGE TO SIXTEEN FOR OTHER CRIMINAL OFFENSES; TO AMEND SECTION 20-7-460, RELATING TO POWER TO ISSUE WRIT OF HABEAS CORPUS, SO AS TO DELETE THE AGE REQUIREMENT AND PROVIDE THE POWER TO PRODUCE A PERSON OVER WHOM THE JUDGE HAS JURISDICTION; TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF A CHILD TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO DELETE THE MAXIMUM AGE REQUIREMENT; AND TO AMEND SECTION 20-7-2195, AS AMENDED, RELATING TO TRANSFER OF CHILDREN TO THE YOUTHFUL OFFENDER DIVISION, SO AS TO REDUCE THE AGE TO SIXTEEN OF CHILDREN WHO MAY BE TRANSFERRED.
The following Bill was taken up.
H. 5033 -- Rep. Phillips: A BILL TO AMEND SECTION 8-11-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS, LEAVE EARNINGS, AND THE TRANSFER OF AN EMPLOYEE'S ANNUAL LEAVE BALANCES FROM ONE STATE AGENCY TO ANOTHER, SO AS TO PROVIDE THAT ANY PERMANENT FULL-TIME EMPLOYEE OF A STATE AGENCY OR DEPARTMENT SHALL BE GIVEN FULL STATE SERVICE CREDIT FOR PRIOR SERVICE AS A CERTIFIED EMPLOYEE OF A SCHOOL DISTRICT OF THIS STATE FOR PURPOSES OF COMPUTING BONUS EARNINGS, AND TO PROVIDE THAT THE ABOVE PROVISIONS ONLY APPLY IF THERE IS NOT A BREAK IN SERVICE.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20791SD.94), which was adopted.
Amend the bill, as and if amended, in Section 8-11-640 of the 1976 Code, as contained in SECTION 1, by adding immediately after /service/ on line 41, page 1, /, and no credit under this paragraph may be given for any out-of-state teaching service or other service with an out-of-state school district./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 5033 be read the third time tomorrow.
The SPEAKER granted Rep. STODDARD a leave of absence for the remainder of the day.
Rep. G. BROWN moved that the House do now adjourn.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Brown, G. Brown, J. Carnell Harris, P. Holt Kennedy McAbee Rhoad Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barber Baxley Breeland Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Fair Farr Felder Fulmer Gamble Graham Hallman Harrell Harrelson Harris, J. Harrison Huff Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Lanford Law Marchbanks Martin McCraw McKay McTeer Meacham Neal Neilson Phillips Richardson Riser Rudnick Sheheen Simrill Smith, D. Smith, R. Snow Spearman Stone Stuart Sturkie Thomas Tucker Waites Waldrop Walker Whipper White Wilder, D. Wilkes Witherspoon Wofford Worley Wright Young, A.
So, the House refused to adjourn.
I was unable to vote against the motion to adjourn because I was away from my desk discussing legislation. Had I been able to get to my desk prior to the expiration of the roll call, I would have voted AGAINST the motion to adjourn.
Rep. ALFRED B. ROBINSON, JR.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
S. 920 -- Senators Leventis, J. Verne Smith, Thomas, Courson, Passailaigue, Giese, Lander, Reese, Rose and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN-ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO IMPOSE A CHANGE OF USE PENALTY IN AN AMOUNT EQUAL TO TWENTY-FIVE DOLLARS ON PROPERTY CHANGED FROM AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.
Rep. KENNEDY proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BBM\9198JM.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Notwithstanding any other provision of law, a person laying claim to any of the contents of a storage facility of any kind whatsoever located in this State shall pay to the owner of the storage facility all unpaid rents due for the use of such facility before taking possession of such contents and will not be subject to any agricultural tax./
Renumber sections to conform.
Amend title to conform.
Rep. KENNEDY explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 3 was out of order as it was not germane in that the amendment dealt with storage facilities and the Bill dealt with agriculture use of land.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. McABEE proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\5961HTC.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 12-43-220 of the 1976 Code is amended by adding an appropriately lettered item at the end to read:
"( ) All unimproved and undeveloped real property not identified as part of a residential, commercial, or industrial development must be taxed on an assessment equal to two percent of the fair market value of the property."/
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 4 was out of order as it was the same as Amendment No. 2.
Rep. McABEE argued contra the Point in stating that the amendment only dealt with the two percent.
The SPEAKER stated that it was the same as Amendment No. 2 and he sustained the Point of Order and ruled the amendment out of order.
Rep. McABEE proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\JIC\5963HTC.94), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, page 920-3, by striking lines 14 through 17.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 42 to 41.
Rep. McABEE proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\JIC\5964HTC.94), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, page 920-3, line 34, by striking /since January 1, 1984,/ and inserting /for at least the ten years ending January 1, 1994,/
Amend title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Rep. LANFORD moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey, G. Baxley Beatty Breeland Brown, G. Byrd Carnell Cato Chamblee Cobb-Hunter Cooper Davenport Elliott Felder Harrelson Harris, P. Harwell Hines Holt Inabinett Jennings Kennedy Kinon Klauber Koon Lanford Law Littlejohn Marchbanks McAbee McLeod McMahand Moody-Lawrence Neal Rhoad Robinson Rudnick Scott Sharpe Smith, D. Snow Spearman Stone Townsend Tucker Walker Whipper White Williams Witherspoon
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Baker Barber Boan Brown, H. Clyborne Corning Cromer Delleney Fair Farr Fulmer Gamble Graham Hallman Harrell Harrison Haskins Hodges Huff Hutson Keegan Keyserling Kirsh Martin Mattos McCraw McElveen McKay McTeer Meacham Phillips Richardson Riser Rogers Sheheen Shissias Simrill Smith, R. Stille Stuart Sturkie Thomas Vaughn Waites Wilder, D. Wilkes Wilkins Wofford Worley Wright Young, A.
So, the motion to commit was rejected.
Rep. McABEE proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\JIC\5977HTC.94), which was adopted.
Amend the report of the Committee on Ways and Means, as and if amended, page 920-2, by striking lines 29 through 31 and inserting:
/12-43-220(d)(3) earned at least one thousand dollars of gross farm income for at least three of/
Amend further, page 920-3, by striking lines 3 through 5 and inserting:
/if he earned at least one thousand dollars of gross farm income in at least three of the first five/.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
The SPEAKER granted Rep. McMAHAND a leave of absence for the remainder of the day.
Rep. McABEE continued speaking.
Rep. KIRSH spoke against the amendment and moved to table the amendment.
Rep. McABEE demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 37 to 53.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. G. BROWN moved to table the Bill.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Baxley Beatty Brown, G. Brown, J. Byrd Carnell Cobb-Hunter Davenport Elliott Felder Govan Harris, P. Hines Holt Inabinett Kennedy Klauber Koon Lanford McAbee McLeod Moody-Lawrence Neal Neilson Rhoad Scott Spearman Whipper White Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barber Boan Brown, H. Cato Chamblee Clyborne Cooper Cromer Delleney Fair Farr Fulmer Gamble Hallman Harrell Harrelson Harris, J. Harrison Harwell Haskins Hodges Huff Keegan Keyserling Kinon Kirsh Law Littlejohn Marchbanks Martin Mattos McCraw McElveen McKay McTeer Meacham Phillips Richardson Riser Robinson Rogers Rudnick Sheheen Simrill Smith, D. Smith, R. Snow Stille Stone Stuart Sturkie Thomas Townsend Tucker Vaughn Waites Walker Wilder, D. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the Bill.
The SPEAKER granted Rep. WHIPPER a leave of absence for the remainder of the day.
Rep. McLEOD moved to recommit the Bill to the Committee on Ways and Means.
Rep. McTEER raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. WILLIAMS moved that the House do now adjourn.
Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Breeland Brown, G. Brown, J. Byrd Carnell Cobb-Hunter Elliott Farr Govan Harrelson Harris, P. Hines Holt Inabinett Jennings Kennedy Koon Lanford McAbee McKay McLeod Neal Phillips Rhoad Rudnick Scott Spearman Stille Townsend Whipper White Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, G. Baker Barber Beatty Boan Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Fulmer Gamble Hallman Harrell Harris, J. Harrison Harwell Haskins Hodges Huff Keegan Keyserling Kinon Kirsh Klauber Law Littlejohn Marchbanks Martin Mattos McCraw McElveen McTeer Meacham Moody-Lawrence Neilson Richardson Riser Robinson Rogers Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stone Stuart Sturkie Thomas Tucker Vaughn Waites Walker Wilder, D. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to adjourn.
Rep. G. BROWN moved that the House recede until 12:15 P.M., which was adopted by a division vote of 59 to 16.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.
At 12:15 P.M. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Reps. HOLT, TOWNSEND and HODGES a leave of absence for the remainder of the day.
The question of a quorum was raised. A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
S. 920 -- Senators Leventis, J. Verne Smith, Thomas, Courson, Passailaigue, Giese, Lander, Reese, Rose and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN-ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO IMPOSE A CHANGE OF USE PENALTY IN AN AMOUNT EQUAL TO TWENTY-FIVE DOLLARS ON PROPERTY CHANGED FROM AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.
Rep. McABEE proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\JIC\5982HTC.94), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, page 920-2, by striking lines 29 through 31 and inserting:
/12-43-220(d)(3) earned at least nine hundred dollars of gross farm income for at least three of/
Amend further, page 920-3, by striking lines 3 through 5 and inserting:
/if he earned at least nine hundred dollars of gross farm income in at least three of the first five/.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 41 to 32.
Rep. McABEE proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\JIC\5983HTC.94), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, page 920-2, by striking lines 29 through 31 and inserting:
/12-43-220(d)(3) earned at least eight hundred dollars of gross farm income for at least three of/
Amend further, page 920-3, by striking lines 3 through 5 and inserting:
/if he earned at least eight hundred dollars of gross farm income in at least three of the first five/.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
The SPEAKER granted Rep. FARR a leave of absence for the remainder of the day.
Rep. McABEE continued speaking.
Rep. KIRSH spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 39 to 22.
Rep. McABEE proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\JIC\5984HTC.94), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, page 920-2, by striking lines 29 through 31 and inserting:
/12-43-220(d)(3) earned at least seven hundred dollars of gross farm income for at least three of/
Amend further, page 920-3, by striking lines 3 through 5 and inserting:
/if he earned at least seven hundred dollars of gross farm income in at least three of the first five/.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 46 to 24.
Rep. McABEE proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\JIC\5985HTC.94), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, page 920-2, by striking lines 29 through 31 and inserting:
/12-43-220(d)(3) earned at least six hundred dollars of gross farm income for at least three of/
Amend further, page 920-3, by striking lines 3 through 5 and inserting:
/if he earned at least six hundred dollars of gross farm income in at least three of the first five/.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 45 to 21.
Rep. McABEE proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\JIC\5986HTC.94), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, page 920-2, by striking lines 29 through 31 and inserting:
/12-43-220(d)(3) earned at least five hundred dollars of gross farm income for at least three of/
Amend further, page 920-3, by striking lines 3 through 5 and inserting:
/if he earned at least five hundred dollars of gross farm income in at least three of the first five/.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
Rep. G. BROWN moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey, G. Beatty Breeland Brown, G. Byrd Carnell Cato Cobb-Hunter Cooper Felder Govan Harrelson Harvin Hines Inabinett Kennedy Klauber Koon Lanford Littlejohn Marchbanks McAbee McLeod Moody-Lawrence Neal Neilson Rhoad Robinson Scott Spearman White Williams
Those who voted in the negative are:
Alexander, T.C. Baker Barber Baxley Boan Brown, H. Chamblee Clyborne Corning Cromer Davenport Delleney Fair Fulmer Gamble Graham Hallman Harrell Harris, J. Harrison Harwell Huff Hutson Keegan Kelley Keyserling Kinon Kirsh Martin Mattos McCraw McElveen McKay McTeer Meacham Phillips Richardson Riser Rogers Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stille Stone Stuart Sturkie Thomas Tucker Vaughn Waites Walker Wilder, D. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to commit the Bill.
Rep. McABEE continued speaking.
Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 47 to 21.
Rep. McABEE proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\JIC\5987HTC.94), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, page 920-2, by striking lines 29 through 31 and inserting:
/12-43-220(d)(3) earned at least four hundred dollars of gross farm income for at least three of/
Amend further, page 920-3, by striking lines 3 through 5 and inserting:
/if he earned at least four hundred dollars of gross farm income in at least three of the first five/.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
The SPEAKER granted Rep. BARBER a leave of absence for the remainder of the day.
Rep. McABEE continued speaking.
Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 45 to 23.
Rep. KENNEDY moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Brown, G. Carnell Inabinett Koon McAbee McLeod
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Baker Baxley Beatty Boan Brown, H. Cato Chamblee Cooper Cromer Davenport Delleney Fair Fulmer Gamble Govan Graham Hallman Harrell Harrelson Harris, J. Harrison Harvin Harwell Haskins Hines Huff Hutson Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Lanford Marchbanks Martin McCraw McElveen McKay McTeer Meacham Moody-Lawrence Neal Neilson Phillips Richardson Riser Robinson Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Tucker Vaughn Walker White Wilder, D. Wilkes Wilkins Wofford Wright Young, A.
So, the House refused to adjourn.
Rep. McABEE proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\JIC\5988HTC.94), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, page 920-2, by striking lines 29 through 31 and inserting:
/12-43-220(d)(3) earned at least three hundred dollars of gross farm income for at least three of/
Amend further, page 920-3, by striking lines 3 through 5 and inserting:
/if he earned at least three hundred dollars of gross farm income in at least three of the first five/.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 42 to 24.
Rep. McABEE proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\JIC\5989HTC.94), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, page 920-2, by striking lines 29 through 31 and inserting:
/12-43-220(d)(3) earned at least two hundred dollars of gross farm income for at least three of/
Amend further, page 920-3, by striking lines 3 through 5 and inserting:
/if he earned at least two hundred dollars of gross farm income in at least three of the first five/.
Amend totals and title to conform.
Rep. McABEE moved to table the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\JIC\5990HTC.94), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, page 920-2, by striking lines 29 through 31 and inserting:
/12-43-220(d)(3) earned at least one hundred dollars of gross farm income for at least three of/
Amend further, page 920-3, by striking lines 3 through 5 and inserting:
/if he earned at least one hundred dollars of gross farm income in at least three of the first five/.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 37 to 20.
Rep. WILKES proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\JIC\6003HTC.94), which was adopted.
Amend the report of the Committee on Ways and Means, as and if amended, page 920-4, by striking the quotation mark on line 38 and by inserting immediately after line 38:
/Additional property tax revenues derived from the operation of this section changing agricultural use property to some other use must be used only for the purpose of rolling back property tax millage."/
Amend title to conform.
Rep. WILKES explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. WILKES spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Allison Anderson Baker Baxley Breeland Brown, H. Carnell Cato Chamblee Cobb-Hunter Cooper Corning Cromer Davenport Delleney Fair Felder Fulmer Gamble Govan Graham Hallman Harrell Harris, J. Harrison Harvin Harwell Haskins Hines Hutson Inabinett Keegan Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rudnick Scott Sheheen Shissias Simrill Smith, R. Snow Spearman Stille Stone Stuart Sturkie Thomas Tucker Vaughn Walker Wilder, D. Wilkes Williams Witherspoon Wofford Worley Wright
Those who voted in the negative are:
Askins
So, the amendment was adopted.
Rep. McABEE proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\JIC\6007HTC.94), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, page 920-1, lines 37, 38, and 43, by striking /five/ and inserting /four/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 44 to 22.
Rep. McABEE proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\JIC\6008HTC.94), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, page 920-1, lines 37, 38, and 43, by striking /five/ and inserting /three/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
Rep. KIRSH moved to table the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\JIC\6009HTC.94), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, page 920-1, lines 37, 38, and 43, by striking /five/ and inserting /two/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
The SPEAKER granted Rep. QUINN a leave of absence for the remainder of the day.
Rep. KIRSH moved to table the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 22 (Doc Name L:\council\legis\amend\JIC\6011HTC.94), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, page 920-2, lines 16, 17, and 44, by striking /ten/ and inserting /nine/.
Amend totals and title to conform.
Rep. McABEE moved to table the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 23 (Doc Name L:\council\legis\amend\JIC\6012HTC.94), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, page 920-2, lines 16, 17, and 44, by striking /ten/ and inserting /eight/.
Amend totals and title to conform.
Rep. McABEE moved to table the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 24 (Doc Name L:\council\legis\amend\JIC\6013HTC.94), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, page 920-2, lines 16, 17, and 44, by striking /ten/ and inserting /seven/.
Amend totals and title to conform.
Rep. McABEE moved to table the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 25 (Doc Name L:\council\legis\amend\JIC\6014HTC.94), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, page 920-2, lines 16, 17, and 44, by striking /ten/ and inserting /six/.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 47 to 29.
Reps. G. BAILEY, TOWNSEND, SHARPE and TUCKER proposed the following Amendment No. 26 (Doc Name L:\council\legis\amend\JIC\6015HTC.94), which was tabled.
Amend the report of the Committee, as and if amended, page 920-3, line 17, by striking /rollback tax/ and inserting /change of use penalty/ and on page 920-4, line 29, by striking /rollback tax/ and inserting /change of use penalty/.
Amend the report further, page 920-6, line 7, by striking /rollback tax/ and inserting /change of use penalty/.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 12-43-220(d)(4) of the 1976 Code, as last amended by Section 219, Act 181 of 1993, is further amended to read:
"(4) When real property which is in agricultural use and is being valued, assessed, and taxed under the provisions of this article, is applied to a use other than agricultural, it is subject to additional taxes, hereinafter referred to as roll-back taxes, in an amount equal to the difference, if any, between the taxes paid or payable on the basis of the valuation and the assessment authorized hereunder and the taxes that would have been paid or payable had the real property been valued, assessed, and taxed as other real property in the taxing district, in the current tax year (the year of change in use) and each of the five tax years immediately preceding in which the real property was valued, assessed, and taxed as herein provided. If in the tax year in which a change in use of the real property occurs the real property was not valued, assessed, and taxed under this article, then the real property is subject to roll-back taxes for each of the five tax years immediately preceding in which the real property was valued, assessed, and taxed hereunder. In determining the amounts of the roll-back taxes chargeable on real property which has undergone a change in use, the assessor shall for each of the roll-back tax years involved ascertain:
(A) the fair market value of such real property under the valuation standard applicable to other real property in the same classification;
(B) the amount of the real property assessment for the particular tax year by multiplying such fair market value by the appropriate assessment ratio provided in this article;
(C) the amount of the additional assessment on the real property for the particular tax year by deducting the amount of the actual assessment on the real property for that year from the amount of the real property assessment determined under (B) of this section;
(D) the amount of the rollback for that tax year by multiplying the amount of the additional assessment determined under (C) of this section by the property tax rate of the taxing district applicable for that tax year a change of use penalty in an amount equal to fifty dollars which must be added to the tax due and which is collectible as taxes are collected."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. G. BAILEY explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. WHITE moved to table the amendment.
Rep. STURKIE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 49 to 39.
Reps. STURKIE, KOON, WRIGHT and RISER proposed the following Amendment No. 27 (Doc Name L:\council\legis\amend\JIC\6016HTC.94), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, page 920-4, by striking the quotation mark on line 38 and by inserting immediately after line 38:
/Additional property tax revenues derived from the operation of this section changing agricultural use property to some other use must be set aside in a separate account and the account's proceeds must be used only for the purpose of rolling back property tax millage."/
Amend title to conform.
Rep. STURKIE moved to table the amendment, which was agreed to.
Rep. McLEOD spoke against the Bill.
Rep McABEE inquired about whether this Bill would require a two thirds vote to pass since it amended the original Act 208. He further stated there was a provision which stated that any changes to Act 208 would require a two thirds vote.
The SPEAKER stated that it seemed he was referring to Article X of the Constitution which set the assessment ratio. He further stated that in Article X it stated that the General Assembly would define the classification like the six percent and four percent and it would require two thirds to change that.
Rep. McABEE stated that this would change the assessment classification on the small tracks because if you change them to market value and they lose their agricultural assessment, then in effect it would be changing the assessment ratio.
The SPEAKER stated that it would not be effective because it did not amend the Constitution and it would be decided in the Courts. He further stated that Article X would allow him to define agricultural real property but that it set the fact that agricultural real property which is actually used for such purposes shall be tacked on an assessment equal to four percent of its value for such purposes.
Rep. McABEE stated that if the General Assembly in effect took away the agricultural use then in effect it would change the ratio of that property.
The SPEAKER stated that under Section 2 of Article X the General Assembly was allowed to define the classes but that it could not change or grant new exemptions except homestead except by two thirds. He further stated that the General Assembly could change the assessment ratios by statute but Article 10 did require that it be by two thirds.
Rep. McABEE inquired whether that included taking away exemptions by two thirds.
The SPEAKER stated that it may provide for exemptions and additions to the ones already provided.
Rep. McABEE spoke against the Bill.
Rep. KIRSH spoke in favor of the Bill.
Rep. HUTSON moved to reconsider the vote whereby Amendment No. 26 was tabled.
Rep. KIRSH moved to table the motion to reconsider, which was agreed to by a division vote of 50 to 38.
Rep. WHITE spoke against the Bill.
Rep. WILKES spoke in favor of the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, G. Baker Baxley Boan Brown, H. Chamblee Clyborne Corning Cromer Davenport Fair Fulmer Gamble Graham Hallman Harrell Harrelson Harris, J. Harrison Harvin Harwell Haskins Huff Hutson Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Law Marchbanks Martin Mattos McCraw McElveen McKay McTeer Meacham Neilson Phillips Richardson Riser Robinson Rogers Rudnick Sharpe Sheheen Shissias Simrill Smith, R. Snow Stille Stone Stuart Sturkie Thomas Tucker Vaughn Waites Waldrop Walker Wilder, D. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Beatty Breeland Brown, J. Cato Cobb-Hunter Cooper Felder Govan Hines Inabinett Kennedy Koon Lanford Littlejohn McAbee McLeod Moody-Lawrence Neal Rhoad Scott Spearman White Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
Askins (Present) Nay
Houck (Absent) Aye
Carnell (Present) Nay
Quinn (Absent) Aye
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: S. 920 General Subject Matter: Agriculture Property Tax
The reason for abstaining on the above reference legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. JAMES J. BAILEY
Due to family circumstances, I was unable to be in attendance during all the debate on S. 920. If I had been present, I would have voted in favor of its passage.
Rep. TONEY L. FARR
I was out of the Chamber for most of the debate on the tax Bill on agricultural uses. I am supportive of the proposal.
I was out of town for most of the day.
If the women's right to know Bill is debated, I am in favor of that proposal also.
Rep. RICHARD M. QUINN, JR.
Rep. KENNEDY moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 5164 -- Rep. T.C. Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE THE WEEK OF MAY 1-7, 1994, AS "ASSOCIATION WEEK", AS PROCLAIMED BY THE GOVERNOR, HONORING THE NONPROFIT NATIONAL, REGIONAL, STATE, AND LOCAL TRADE ASSOCIATIONS, PROFESSIONAL SOCIETIES, AND COMMUNITY SERVICE ORGANIZATIONS IN SOUTH CAROLINA.
H. 5194 -- Reps. Meacham and Waites: A CONCURRENT RESOLUTION TO EXTEND A HEARTY WELCOME TO THE COLORADO SILVER BULLETS, THE FIRST ALL WOMEN'S PROFESSIONAL BASEBALL TEAM SINCE THE 1950'S, TO FORT MILL, SOUTH CAROLINA, FOR THE OPENING GAME OF THEIR FIRST SEASON AT KNIGHTS CASTLE STADIUM, TO WELCOME THEM TO THE GREAT SPORT OF BASEBALL, AND TO WISH THEM THE BEST OF LUCK IN THE UPCOMING SEASON.
H. 5195 -- Rep. Meacham: A CONCURRENT RESOLUTION TO CONGRATULATE THE FORT MILL HIGH SCHOOL BAND FOR ITS OUTSTANDING ACCOMPLISHMENTS DURING THE 1993-94 SCHOOL YEAR INCLUDING RECEIPT OF MANY HONORS AND AWARDS AND FOR BEING INVITED TO PARTICIPATE IN THE 1995 TOURNAMENT OF ROSES PARADE IN PASADENA, CALIFORNIA.
At 2:05 P.M. the House in accordance with the motion of Rep. STILLE adjourned in memory of Judy McGrath Jordan, to meet at 10:00 A.M. tomorrow.
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