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, Heavenly Father, as we turn again to waiting tasks, may the confidence of those who believe in us, the spur of conscience to do our best, and the commanding call to do Your will lead us on. Make our supreme satisfaction a good and clear conscience. Keep our service to our people motivated by Your gracious and all-wise will, stripped of all base motives or self-interest as we strive to fulfill Your high and holy purposes.
So may Your will be done in us and by us, both now and always.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. KELLEY moved that when the House adjourns, it adjourn in memory of R.P. Benik, Sr. of Myrtle Beach, which was agreed to.
The following was taken up for immediate consideration and accepted.
April 15, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
As coordinator of the Columbia Prayer Committee and state coordinator for the National Day of Prayer I would like to request that the House Committee on Invitations include an invitation in its schedule of events.
The Columbia Prayer Committee will again be sponsoring the National Day of Prayer observance the first Thursday in May which is May 4 this year. We will again meet on the North Capitol steps from 12:00 to 1:00 P.M. This year Governor and Mrs. Beasley, Dr. Robertson McQuilkin, Chancellor of Columbia International University, Rep. Terry Haskins, and Sterling Sharpe, among others, will be joining us to pray for the needs of our great nation.
The Columbia event is part of the National Day of Prayer Committee for which Mrs. James Dobson serves as National Chairman. Columbia will join with thousands of other communities throughout both South Carolina and the nation for a time of intercession on our nation's behalf, asking for the Lord's mercy and forgiveness. The theme for 1995, "Seek His Face," is drawn from the Old Testament text, Jeremiah 29:12-13.
Since May 4 is also "Family Day" at the State House, we would like to invite all members of the General Assembly, their staff and their families to join with us for this important event.
Thank you for your consideration of this request. I look forward to hearing from you.
Sincerely,
Lee Adams
Executive Director
Frontline Ministries
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3057 -- Reps. Tucker, Simrill, Wofford, D. Smith, Haskins, Vaughn, Harrison, Cooper, Limbaugh, Elliott, Richardson, Gamble, Stuart, Phillips, Knotts and Spearman: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF CIRCUIT COURT JURY LISTS FROM A TAPE OF THOSE PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO DELETE THIS PROVISION AND PROVIDE THAT THESE JURY LISTS MUST BE PREPARED BY THE STATE ELECTION COMMISSION FROM THE NAMES OF THE REGISTERED VOTERS IN THE COUNTY.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4000 -- Reps. Meacham, Limehouse, Mason, Bailey, Wofford, Kirsh, Cato, Cooper, Simrill, Lanford, Trotter, McCraw, Vaughn, Law, Boan, Dantzler, A. Young, Neilson, Elliott, H. Brown, Haskins and Martin: A BILL TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO RAISE THE THRESHOLD MONETARY LEVELS WITH RESPECT TO "CHARGEABLE" ACCIDENTS, AND PROVIDE THAT THESE THRESHOLDS MUST BE ADJUSTED PERIODICALLY BY REGULATION OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE BASED UPON CHANGES IN THE CONSUMER PRICE INDEX; AND TO PROVIDE THAT THE THRESHOLD AMOUNTS, AS CHANGED BY THIS ACT, APPLY ONLY TO ACCIDENTS OCCURRING AFTER JUNE 30, 1995, AND ALSO APPLY TO ANY MERIT RATING PLAN PROMULGATED PURSUANT TO SECTION 38-73-760.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4005 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE SOUTH CAROLINA REINSURANCE FACILITY AND THE FACILITY'S DUTIES GENERALLY, SO AS TO PROVIDE THAT FOR MULTI-VEHICLE INSURANCE POLICIES, ONE OR MORE VEHICLES MAY BE CEDED TO THE FACILITY AS LONG AS THE INSURER IDENTIFIES TO THE FACILITY AND THE INSURED PRECISELY WHICH VEHICLES ARE RETAINED AND WHICH ARE CEDED AND THE RATE LEVEL FOR EACH VEHICLE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3985 -- Reps. Richardson, Bailey, Simrill, Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE RATES, RATE-MAKING, AND RATE FILING AND NOTICE OF HEARING AS A PREREQUISITE TO THE GRANTING OF A RATE INCREASE AND EXCEPTIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIREMENTS OF PUBLIC NOTICES AND PUBLIC HEARINGS DO NOT APPLY TO APPLICATIONS FOR RATE INCREASES WHEN THE APPLICANT INSURER HAD EARNED PREMIUMS IN THIS STATE IN THE PREVIOUS CALENDAR YEAR OF LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT OR IF THE RATE INCREASE IS SOUGHT BY A RATING ORGANIZATION, THE EARNED PREMIUMS ON THIS STATE FOR ALL MEMBERS AND SUBSCRIBERS OF THE ORGANIZATION FOR WHOM AN INCREASE IS SOUGHT WERE LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE PREVIOUS CALENDAR YEAR FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3337 -- Rep. Scott: A BILL TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO RAISE THE THRESHOLD MONETARY LEVELS WITH RESPECT TO "CHARGEABLE" ACCIDENTS; AND TO PROVIDE THAT THE THRESHOLD AMOUNTS, AS CHANGED BY THIS ACT, APPLY ONLY TO ACCIDENTS OCCURRING AFTER JUNE 30, 1995, AND ALSO APPLY TO ANY MERIT RATING PLAN PROMULGATED PURSUANT TO SECTION 38-73-760.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, Rep. L. WHIPPER, for the minority, submitted an unfavorable report, on:
H. 3759 -- Reps. Fair, Herdklotz, Tripp, Mason, Cain, Waldrop, Kelley, Simrill, Limehouse and Meacham: A BILL TO ENACT THE "SOUTH CAROLINA FAIR DEALING WITH GOVERNMENT CIVIL RIGHTS ACT OF 1995"; TO AMEND SECTION 13-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIDLANDS AUTHORITY OF SOUTH CAROLINA AND THE AUTHORITY'S GOVERNING BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE AUTHORITY COMPLY WITH THE PROVISIONS OF LAW RELATING TO ASSISTANCE TO MINORITY BUSINESSES; TO AMEND SECTION 13-21-30, RELATING TO THE EDISTO DEVELOPMENT AUTHORITY AND THE RIGHTS AND POWERS OF ITS GOVERNING BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE AUTHORITY COMPLY WITH THE PROVISIONS OF LAW RELATING TO ASSISTANCE TO MINORITY BUSINESSES; TO AMEND SECTION 41-43-90, AS AMENDED, RELATING TO THE SOUTH CAROLINA JOBS ECONOMIC DEVELOPMENT AUTHORITY AND TO THE CORPORATE AND OTHER POWERS OF THE AUTHORITY, SO AS TO DELETE THE REQUIREMENT THAT THE AUTHORITY COMPLY WITH THE PROVISIONS OF LAW RELATING TO ASSISTANCE TO MINORITY BUSINESSES; AND TO REPEAL SECTION 12-27-1320, RELATING TO GOALS OR SET-ASIDES FOR BUSINESSES OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED ETHNIC MINORITIES AND DISADVANTAGED FEMALES, AND ARTICLE 21 OF CHAPTER 35, TITLE 11, RELATING TO THE PROCUREMENT CODE AND ASSISTANCE TO MINORITY BUSINESSES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3779 -- Reps. Elliott, Knotts, Littlejohn, Cato, Simrill, Cain, Mason, Govan, Stuart, Delleney, Neilson, Stille, Tucker, Jennings, Hines, R. Smith, T. Brown, Wright and Riser: A BILL TO AMEND SECTION 40-57-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION FOR REAL ESTATE BROKERS AND SALES AGENTS, SO AS TO APPLY THE REQUIREMENTS TO REAL ESTATE PROPERTY MANAGERS, AND PROVIDE THAT, FOR PROPERTY MANAGERS, THE EIGHT HOURS MUST INCLUDE A MINIMUM OF TWO HOURS OF INSTRUCTION ON FEDERAL AND STATE LAWS AFFECTING PROPERTY MANAGERS AND THAT THE REMAINING HOURS MUST INCLUDE PROPERTY MANAGEMENT RELATED COURSES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3852 -- Rep. Fair: A BILL TO AMEND SECTION 44-79-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF PHYSICAL FITNESS SERVICES CONTRACTS, SO AS TO PROVIDE THEY ARE UNENFORCEABLE IF THE CONTRACT DOES NOT COMPLY WITH STATE OR FEDERAL LAW; TO AMEND SECTION 44-79-70, RELATING TO RIGHTS AGAINST SUCCESSORS TO CONTRACT, SO AS TO PROVIDE THAT NO PURCHASER OF A CONTRACT ASSOCIATED WITH PROVIDING PHYSICAL FITNESS SERVICES MAY COLLECT ON THE CONTRACT OR REPORT A DELINQUENCY UNDER THE CONTRACT IF THE CONTRACT IS IN VIOLATION OF THE CHAPTER; AND TO AMEND SECTION 44-79-80, RELATING TO FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO INCLUDE IN THE EXEMPTION FROM CERTAIN REQUIREMENTS, FACILITIES THAT HAVE BEEN IN CONTINUOUS OPERATION FOR TEN OR MORE YEARS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3870 -- Rep. Walker: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES AND PROVISIONS LIMITING COVERAGE FOR PREEXISTING CONDITIONS, SO AS TO PROVIDE THAT POLICIES OF DISABILITY INCOME INSURANCE MAY EXCLUDE COVERAGE FOR DISABILITIES BEGINNING DURING THE FIRST TWENTY-FOUR MONTHS AFTER THE EFFECTIVE DATE OF COVERAGE WHICH RESULT FROM A PREEXISTING CONDITION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4042 -- Reps. Simrill and Elliott: A JOINT RESOLUTION TO PROVIDE FOR TEMPORARY QUALIFICATIONS AND FEES FOR LICENSURE AS A HOME INSPECTOR.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4043 -- Reps. Simrill and Elliott: A JOINT RESOLUTION TO EXTEND THE EFFECTIVE DATE OF SECTIONS 3 AND 4 OF ACT 463 OF 1994, RELATING TO HOME AND COMMERCIAL INSPECTORS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4055 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MANUFACTURED HOME CONTRACTOR", "MANUFACTURED HOME INSTALLER", AND "MANUFACTURED HOME REPAIRER"; TO AMEND SECTION 40-29-30, RELATING TO THE MANUFACTURED HOUSING BOARD, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN; TO AMEND SECTION 49-29-100, AS AMENDED, RELATING TO LICENSES TO SELL MANUFACTURED HOMES, SO AS TO ALSO REQUIRE A MANUFACTURED HOME CONTRACTOR, INSTALLER, AND REPAIRER TO BE LICENSED AND TO PROVIDE ADDITIONAL LICENSING REQUIREMENTS; TO AMEND SECTION 40-29-110, AS AMENDED, RELATING TO EXAMINATION REQUIREMENTS FOR LICENSURE, SO AS TO ALSO PROVIDE THAT A MANUFACTURED HOME CONTRACTOR, INSTALLER, OR REPAIRER MUST COMPLETE ANY TRAINING REQUIRED BY THE BOARD; TO AMEND SECTION 40-29-120, RELATING TO SURETY BOND REQUIREMENTS, SO AS TO PROVIDE BOND REQUIREMENTS FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS; TO AMEND SECTION 40-29-130, RELATING TO REQUIREMENTS FOR INDEMNIFICATION FROM SECURITY, SO AS TO INCLUDE MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS IN THESE REQUIREMENTS; TO AMEND SECTION 40-29-150, RELATING TO GROUNDS FOR DISCIPLINE, SO AS TO ALSO APPLY STANDARDS TO MANUFACTURED HOME INSTALLATION, REPAIR, AND MODIFICATION; TO AMEND SECTION 40-29-160, AS AMENDED, RELATING TO PENALTIES, SO AS TO PROVIDE THAT AN ADMINISTRATIVE PENALTY MAY APPLY TO A PERSON ENGAGING IN ANY ACTIVITY FOR WHICH A LICENSE IS REQUIRED UNDER CHAPTER 29; AND TO AMEND SECTION 40-29-170, RELATING TO WARRANTY REQUIREMENTS, SO AS TO INCLUDE REQUIREMENTS FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4064 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MOBILE HOME" AND TO REVISE THE DEFINITION OF "MANUFACTURED HOME"; TO AMEND SECTION 40-29-40, RELATING TO STATE POLICY FOR SAFETY IN CONSTRUCTION OF MANUFACTURED HOMES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO MOBILE HOMES; AND TO AMEND SECTION 40-29-100, AS AMENDED, RELATING TO LICENSURE TO SELL MANUFACTURED HOMES, SO AS TO PROVIDE THAT GROUNDS FOR DENYING A LICENSE INCLUDE CRIMINAL CONDUCT AND VIOLATION OF CHAPTER 29, TITLE 40.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 238 -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 38-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE HEALTH MAINTENANCE ORGANIZATION ACT OF 1987, SO AS TO MAKE CHANGES TO THE DEFINITION OF "COPAYMENT" OR "DEDUCTIBLE"; TO AMEND SECTION 38-33-80, AS AMENDED, RELATING TO THE HEALTH MAINTENANCE ORGANIZATION ACT OF 1987, THE PROVISION THAT THE ENROLLEE IS ENTITLED TO EVIDENCE OF COVERAGE, THE CONTENTS OF THE EVIDENCE OF COVERAGE, DISCONTINUANCE OR REPLACEMENT OF COVERAGE, AND CHARGES FOR SERVICES, SO AS TO PROVIDE THAT A HEALTH MAINTENANCE ORGANIZATION THAT ISSUES A HEALTH MAINTENANCE ORGANIZATION CONTRACT WHICH REQUIRES THE ENROLLEE TO PAY A SPECIFIED PERCENTAGE OF THE COST OF COVERED HEALTH CARE SERVICES SHALL CALCULATE THOSE COPAYMENTS AND DEDUCTIBLES ON THE NEGOTIATED REDUCED RATE OF THE PROVIDER, AND PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES A HEALTH MAINTENANCE ORGANIZATION FROM ISSUING A CONTRACT WHICH CONTAINS FIXED DOLLAR COPAYMENTS AND DEDUCTIBLES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-241 SO AS TO PROVIDE THAT AN INSURER THAT NEGOTIATES REDUCED RATES WITH PROVIDERS FOR COVERED HEALTH CARE SERVICES UNDER AN INDIVIDUAL OR GROUP ACCIDENT AND HEALTH INSURANCE POLICY MUST PROVIDE THAT PERCENTAGE COPAYMENTS AND DEDUCTIBLES PAID BY THE INSURED ARE APPLIED TO THE NEGOTIATED REDUCED RATES OF THAT PROVIDER, AND PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES AN INSURER FROM ISSUING A POLICY WHICH CONTAINS FIXED DOLLAR COPAYMENTS AND DEDUCTIBLES.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3473 -- Reps. J. Brown, White, Neilson and Breeland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-95 SO AS TO PROVIDE THAT ALL SCHOOL BUSES PURCHASED AFTER JUNE 30, 1996, MUST BE EQUIPPED WITH LAP OR SHOULDER HARNESS SAFETY BELTS; AND TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS FOR MANDATORY USE OF SEAT BELTS, SO AS TO EXCLUDE SCHOOL BUSES PURCHASED AFTER JUNE 30, 1996, FROM THE EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 482 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-23-210 SO AS TO PROVIDE THAT ANY STUDENT WHO CARRIES ON HIS PERSON, IN A BOOK BAG, OR PLACES IN A LOCKER OR DESK A FIREARM, OR ANY OTHER TYPE OF WEAPON, DEVICE, OR OBJECT WHICH MAY BE USED TO INFLICT BODILY INJURY OR DEATH WHILE ON ANY ELEMENTARY OR SECONDARY SCHOOL PROPERTY MUST BE EXPELLED FROM SCHOOL PURSUANT TO THE PROCEDURE ESTABLISHED BY THE SCHOOL DISTRICT FOR EXPULSIONS.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3874 -- Reps. Cobb-Hunter and Shissias: A BILL TO AMEND SECTION 44-6-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION ENTERING INTO CONTRACTS WITH OTHER AGENCIES, SO AS TO EXPAND WITH WHOM THE COMMISSION MAY CONTRACT FOR ELIGIBILITY DETERMINATIONS.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 546 -- Senators Glover and Ford: A BILL TO AMEND CHAPTER 1, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-260 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A PERSON PERFORMING AN EARLY PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT SCREENING (EPSDT) OR EXAMINATION OF A CHILD TO REFER THE CHILD TO AN APPROPRIATE AGENCY FOR AN ASSISTIVE TECHNOLOGY EVALUATION IF IT IS DETERMINED THAT THE CHILD MAY BENEFIT FROM SUCH TECHNOLOGY.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3710 -- Reps. Keyserling, Richardson, Seithel, L. Whipper, Whatley and Jaskwhich: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED MANUFACTURING MACHINERY TO MACHINERY USED FOR RECYCLING AND TO DEFINE "RECYCLING".
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 357 -- Senator McGill: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ON ELECTRICITY USED BY MANUFACTURERS, MINERS, OR QUARRIERS TO MANUFACTURE, MINE, OR QUARRY TANGIBLE PERSONAL PROPERTY FOR SALE TO INCLUDE ELECTRICITY USED BY COTTON GIN OPERATORS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4153 -- Rep. R. Smith: A HOUSE RESOLUTION HONORING CONGRESSMAN LINDSEY O. GRAHAM OF SOUTH CAROLINA FOR HIS PARTICIPATION IN THE 1995 HERITAGE DAY CELEBRATION AT REDCLIFF PLANTATION IN AIKEN COUNTY.
The Resolution was adopted.
The following was introduced:
H. 4154 -- Rep. R. Smith: A HOUSE RESOLUTION HONORING UNITED STATES SENATOR STROM THURMOND FOR HIS PARTICIPATION IN THE HERITAGE DAY CELEBRATION AT REDCLIFF PLANTATION IN AIKEN COUNTY.
The Resolution was adopted.
The Senate sent to the House the following:
S. 708 -- Senators Alexander and Martin: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROVIDE SUFFICIENT FUNDING OVER A FIVE-YEAR PERIOD FOR THE STATE OF SOUTH CAROLINA TO TAKE OVER THE OWNERSHIP AND OPERATION OF THE WALHALLA NATIONAL FISH HATCHERY IN OCONEE COUNTY WHICH THE UNITED STATES FISH AND WILDLIFE SERVICE OF THE DEPARTMENT OF INTERIOR IS SCHEDULED TO CLOSE IN NOVEMBER, 1995, OR IN THE ALTERNATIVE, CONGRESS IS REQUESTED TO CONTINUE TO PROVIDE SUFFICIENT FEDERAL FUNDING TO KEEP OPEN AND OPERATE THIS UNIQUE RESOURCE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 781 -- Senators Ford, Glover, Jackson, Matthews, Patterson and Washington: A CONCURRENT RESOLUTION RECOGNIZING THE OCCASION OF W. A. PERRY TASK FORCE APPRECIATION DAY ON APRIL 30, 1995, AND COMMENDING THE MEMBERS OF THE W. A. PERRY TASK FORCE FOR THEIR UNTIRING EFFORTS IN IMPROVING THE QUALITY OF EDUCATION AND OVERALL CONDITIONS AT W. A. PERRY MIDDLE SCHOOL.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4155 -- Rep. Marchbanks: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO PHILIP H. PRINCE FOR HIS EXEMPLARY DISTINGUISHED SERVICE AS THE PRESIDENT OF CLEMSON UNIVERSITY ON WEDNESDAY, MAY 17, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4156 -- Reps. Marchbanks, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE HONORABLE PHILIP H. PRINCE FOR HIS EXEMPLARY DISTINGUISHED SERVICE AS THE PRESIDENT OF CLEMSON UNIVERSITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4157 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - REAL ESTATE APPRAISERS BOARD, RELATING TO LICENSING, CERTIFICATION, FEES, AND CONTINUING EDUCATION OF REAL ESTATE APPRAISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1766, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4158 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-4-710 AND 12-4-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAX EXEMPTIONS AND THE METHOD OF APPLYING FOR THE EXEMPTIONS, SO AS TO REVISE OR EXTEND THE TIME FOR FILING EXEMPTION APPLICATIONS AND ADD ADDITIONAL CATEGORIES OF EXEMPTIONS FOR WHICH NO APPLICATION IS REQUIRED; TO PROVIDE THAT LISTING A PROPERTY AS EXEMPT ON A PROPERTY TAX RETURN IS CONSIDERED AN APPLICATION; TO REQUIRE PROPERTY TAXPAYERS FILING PROPERTY TAX RETURNS TO CLAIM THE EXEMPTION ON THE RETURN FOR EACH YEAR THE PROPERTY IS EXEMPT; AND TO PROVIDE WHEN ADDITIONAL APPLICATIONS MUST BE FILED BY TAXPAYERS NOT REQUIRED TO FILE ANNUAL PROPERTY TAX RETURNS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM IT TO THE AMENDMENTS MADE BY THIS ACT AND TO EXTEND THE EXEMPTION FOR TWO PERSONAL MOTOR VEHICLES OF PERSONS REQUIRED TO USE WHEELCHAIRS TO INSTANCES WHEN THE OWNER IS ELIGIBLE FOR THE SPECIAL MOTOR VEHICLE LICENSE PLATE ALLOWED SUCH PERSONS.
Rep. H. BROWN moved to waive Rule 5.12, which was agreed to by a division vote of 48 to 0.
Without reference.
H. 4159 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3495 SO AS TO LIMIT THE DISTRIBUTION OF PROFITS DERIVED FROM THE GAME OF BINGO.
Rep. H. BROWN moved to waive Rule 5.12, which was agreed to by a division vote of 38 to 0.
Without reference.
S. 72 -- Senators McConnell and Hayes: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A HUSBAND AND WIFE LIVING SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MEANS A VOLUNTARY OR INVOLUNTARY SEPARATION.
Referred to Committee on Judiciary.
S. 189 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-335 SO AS TO PROVIDE THAT CANDIDATES' NAMES IN CERTAIN ELECTIONS BE ARRANGED IN ALPHABETICAL ORDER; AND TO AMEND SECTION 7-13-610, AS AMENDED, RELATING TO BALLOT SPECIFICATIONS IN PARTY PRIMARIES, SO AS TO PROVIDE THAT THE BALLOT MUST CONTAIN THE NAMES OF PERSONS IN ALPHABETICAL ORDER.
Referred to Committee on Judiciary.
S. 210 -- Senator Land: A BILL TO AMEND SECTION 16-13-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF FAILING TO RETURN RENTED VIDEO OR CASSETTE TAPES, SO AS TO PROVIDE THAT A COURT MAY DISMISS ANY PROSECUTION INITIATED PURSUANT TO THE PROVISIONS OF THIS SECTION FOR FIRST OFFENSE ON SATISFACTORY PROOF OF RESTITUTION AND PAYMENT OF AN ADMINISTRATIVE COST, AND PROVIDE THAT NO WARRANT FOR A VIOLATION OF THIS SECTION MAY BE OBTAINED MORE THAN THIRTY DAYS AFTER THE DATE THE RENTAL AGREEMENT HAS EXPIRED.
Referred to Committee on Judiciary.
S. 691 -- Senator Giese: A BILL TO AMEND SECTION 44-6-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND RELEASE OF HEALTH CARE DATA, SO AS TO PROVIDE FOR THE DUTIES OF THE DATA OVERSIGHT COUNCIL; TO DIRECT THE OFFICE OF RESEARCH AND STATISTICS TO PROMULGATE REGULATIONS FOR THE COLLECTION OF INPATIENT AND OUTPATIENT INFORMATION; TO REVISE PROCEDURES FOR RELEASE OF INFORMATION; TO DELETE SPECIFIC INFORMATION TO BE REPORTED AND TO REQUIRE INFORMATION TO BE REPORTED IN ACCORDANCE WITH REGULATIONS; TO REQUIRE CERTAIN FACILITIES PROVIDING OUTPATIENT SERVICES TO REPORT OUTPATIENT INFORMATION; AND TO PROVIDE PENALTIES FOR FAILURE TO REPORT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 763 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO STATE EMPLOYEE GRIEVANCE COMMITTEE RULES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1828, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Ways and Means.
S. 766 -- Senator Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 25, TITLE 50 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS ON LAKE HARTWELL, DEFINE TERMS, PROVIDE PENALTIES FOR VIOLATIONS, AND PROVIDE EXCEPTIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
On motion of Rep. HARRISON, with unanimous consent, the following was taken up for immediate consideration:
H. 4160 -- Reps. Wilkins, Harrison, Delleney, Huff, Thomas and D. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON THURSDAY, MAY 25, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT A SUCCESSOR TO A CERTAIN MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and Senate shall meet in joint assembly in the hall of the House of Representatives on Thursday, May 25, 1995, at 12:00 noon to elect a successor to the Honorable E. C. Burnett of the Seventh Judicial Circuit whose unexpired term expires June 30, 2000; to elect a successor to the Honorable Jamie F. Lee of the Family Court of the Fourth Judicial Circuit, Seat 1, whose unexpired term expires June 30, 1998; to elect a successor to the Honorable Robert H. Burnside of the Family Court of the Fifth Judicial Circuit, Seat 1, whose unexpired term expires June 30, 1998; to elect a successor to the Honorable Kaye G. Hearn of the Family Court of the Fifteenth Judicial Circuit, Seat 2, whose unexpired term expires June 30, 1998; to elect a successor to the Honorable Maxey G. Watson of the Family Court of the First Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable G. Larry Inabinet of the Family Court of the Second Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable Marion D. Myers of the Family Court of the Third Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable R. Wright Turbeville of the Family Court of the Third Judicial Circuit, Seat 3, whose term expires June 30, 1995; to elect a successor to the Honorable J. L. Murdock, Jr., of the Family Court of the Fourth Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable Abigail R. Rogers of the Family Court of the Fifth Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable William R. Byars, Jr., of the Family Court of the Fifth Judicial Circuit, Seat 3, whose term expires June 30, 1995; to elect a successor to the Honorable Berry L. Mobley of the Family Court of the Sixth Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable Clyde K. Laney, Jr., of the Family Court of the Seventh Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable Thomas E. Foster of the Family Court of the Seventh Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable Wyatt T. Saunders, Jr., of the Family Court of the Eighth Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable William K. Charles, Jr., of the Family Court of the Eighth Judicial Circuit, Seat 3, whose term expires June 30, 1995; to elect a successor to the Honorable Robert R. Mallard of the Family Court of the Ninth Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable Wayne M. Creech of the Family Court of the Ninth Judicial Circuit, Seat 4, whose term expires June 30, 1995; to elect a successor to the Honorable J. Frank McClain of the Family Court of the Tenth Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable Tommy B. Edwards of the Family Court of the Tenth Judicial Circuit, Seat 3, whose term expires June 30, 1995; to elect a successor to the Honorable C. David Sawyer, Jr., of the Family Court of the Eleventh Judicial Circuit, Seat 2, whose unexpired term expires June 30, 1995; to elect a successor to the Honorable Richard W. Chewning, III, of the Family Court of the Eleventh Judicial Circuit, Seat 3, whose term expires June 30, 1995; to elect a successor to the Honorable Mary E. Buchan of the Family Court of the Twelfth Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable A. E. Morehead, III, of the Family Court of the Twelfth Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable John W. Kittredge of the Family Court of the Thirteenth Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable R. Kinard Johnson, Jr., of the Family Court of the Thirteenth Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable John T. Black of the Family Court of the Fourteenth Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable Donald A. Fanning of the Family Court of the Fourteenth Judicial Circuit, Seat 3, whose term expires June 30, 1995; to elect a successor to the Honorable H. E. Bonnoitt, Jr., of the Family Court of the Fifteenth Judicial Circuit, Seat 1, whose term expires June 30, 1995; and to elect a successor to the Honorable Lee S. Alford of the Family Court of the Sixteenth Judicial Circuit, Seat 2, whose term expires June 30, 1995.
Be it further resolved that immediately following the election of all judges, the General Assembly shall elect a successor to Mr. Sherman F. Smith of the Old Exchange Building Commission.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4161 -- Rep. McMahand: A CONCURRENT RESOLUTION COMMENDING CLAUDETTE HAZEL CHAPMAN CURETON OF GREENVILLE COUNTY FOR HER DEDICATED AND OUTSTANDING SERVICE TO GREENVILLE TECHNICAL COLLEGE AND THE PUBLIC SCHOOL SYSTEM AND WISHING HER SUCCESS AND HAPPINESS IN HER RETIREMENT.
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.
Allison Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, T. Cain Carnell Cato Cave Chamblee Clyburn Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hines Hodges Howard Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
I came in after the roll call and was present for the Session on Wednesday, April 26.
Michael F. Jaskwhich B. Hicks Harwell Teddy N. Trotter Alma W. Byrd Gilda Cobb-Hunter Thomas E. Huff W. Jeffrey Young Joe E. Brown C. Alex Harvin, III Daniel T. Cooper L. Morgan Martin
STATEMENT OF ATTENDANCE
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 25.
Reps. HARRISON, WILKINS, HODGES and SHEHEEN presented to the House Mary Margaret Mosrie, Assistant Staff Counsel of the Judiciary Committee of the House of Representatives, expressing appreciation for a job well done and wishing her Godspeed in her new endeavors.
Reps. WELLS and LITTLEJOHN presented to the House Joseph P. Finnegan, Jr., President of the South Carolina School for the Deaf and the Blind, and a group of outstanding students from the school, recognizing them for their outstanding accomplishments and the school's contribution to young people.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 4137 -- Reps. Spearman, McAbee and Clyburn: A BILL TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR SALUDA COUNTY AND TO ABOLISH THE SALUDA COUNTY ELECTION COMMISSION AND THE BOARD OF REGISTRATION OF SALUDA COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
H. 3423 -- Rep. P. Harris: A BILL TO AMEND SECTIONS 9-1-440 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW MEMBERS ESTABLISHING SERVICE CREDIT FOR NONMEMBER SERVICE TO ELECT IRREVOCABLY TO ESTABLISH LESS THAN THE TOTAL OF THE NONMEMBER SERVICE.
H. 4009 -- 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: CONSTRUCTION, DEMOLITION AND LAND-CLEARING DEBRIS LANDFILLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1786, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4010 -- 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: USED OIL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1831, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3907 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND TITLE 44, CHAPTER 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR DRYCLEANING FACILITY DISCHARGE REHABILITATION, TO CREATE THE DRYCLEANING FACILITY RESTORATION TRUST FUND AND PROVIDE FOR ITS USES, TO ESTABLISH PROCEDURES FOR RECEIVING SITE REHABILITATION FUNDS, TO REQUIRE DRYCLEANING FACILITIES TO REGISTER AND PAY FEES, TO ESTABLISH SURCHARGES FOR CONDUCTING A DRYCLEANING BUSINESS OR FOR PRODUCING OR IMPORTING DRYCLEANING SOLVENTS, AND TO ESTABLISH THE DRYCLEANING ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.
H. 4030 -- Reps. Fair, Allison and Cobb-Hunter: A JOINT RESOLUTION TO ESTABLISH THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES, TO PROVIDE FOR ITS MEMBERSHIP OF THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES, THREE MEMBERS OF THE SENATE, AND THREE GUBERNATORIAL APPOINTEES, AND TO FURTHER PROVIDE THAT THE COMMITTEE SHALL STUDY ISSUES RELATING TO CHILDREN AND FAMILIES AS DIRECTED OR REQUESTED BY THE GENERAL ASSEMBLY.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, April 27, which was adopted.
H. 3841 -- Reps. Sheheen, Quinn, Harrison, Delleney, Baxley, Wilkins and Thomas: A BILL TO AMEND SECTIONS 14-8-10, 14-8-20, 14-8-80, AND 14-8-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT OF APPEALS, SO AS TO PROVIDE FOR THREE ADDITIONAL JUDGES FOR THE COURT OF APPEALS, FOR AN ADDITIONAL PANEL OF THE COURT, AND FOR OTHER PROCEDURES NECESSARY TO REFLECT A NINE MEMBER COURT; TO AMEND SECTION 14-5-610, AS AMENDED, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND JUDGES FOR THE CIRCUIT COURTS, SO AS TO ADD THREE ADDITIONAL CIRCUIT COURT JUDGES FROM SPECIFIED CIRCUITS; AND TO AMEND SECTION 20-7-1410, RELATING TO FAMILY COURT JUDGES, SO AS TO ADD THREE ADDITIONAL FAMILY COURT JUDGES FROM SPECIFIED CIRCUITS.
The following Bill was taken up.
H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN 1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE THE MONTHS IN WHICH THE LIST IS COMPILED AND FURNISHED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21728SD.95), which was adopted.
Amend the bill, as and if amended, by striking Section 14-7-130 of the 1976 Code, as contained in SECTION 1, and inserting:
/Section 14-7-130. In November September of 1995 of and every third year thereafter in this same month, the Department of Revenue and Taxation shall furnish the State Election Commission a computer tape of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each county who hold a valid South Carolina driver's license or an identification card issued pursuant to Section 57-3-910. In December October of 1995 of and every third year thereafter in this same month, the State Election Commission shall furnish a jury list to county jury commissioners consisting of a tape or list derived by merging the list of registered voters in the county with county residents appearing on the tape furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Prior to furnishing the list, the commission shall make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission, the list or tape constitutes the roll of eligible jurors in the county. Expenses of the Department of Revenue and Taxation and State Election Commission in implementing this section must be borne by these agencies.
In addition to the above provisions of this section, in September of those years in which jury lists are not furnished to county jury commissioners by the State Election Commission, the department shall furnish the county jury commissioners with a tape or list of newly licensed drivers or identification card holders over the age of eighteen in the county added since its last report, and the State Election Commission shall furnish the county jury commissioners with a tape or list of newly registered voters in the county added since its last report. The county jury commissioners are authorized to incorporate these new names into its roll of eligible jurors in the county./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3273 -- Rep. Townsend: A BILL TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE BIENNIAL FEE FOR THE LICENSE PLATE, TO PROVIDE THAT THE PLATE MUST BE PERMANENT, AND TO ELIMINATE THE REQUIREMENT THAT THE LICENSE PLATE BE ISSUED ON A BIENNIAL BASIS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5781CM.95), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/SECTION 1. Section 56-3-3310 of the 1976 Code, as last amended by Section 22JJ, Part II, Act 164 of 1993, and Section 1392, Act 181 of 1993, is further amended to read:
"Section 56-3-3310. The department may issue a permanent special motor vehicle license plate to a recipient of the Purple Heart. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020 Article 5, Chapter 3 of this Title, and only one plate may be issued to a person. The application for a special plate must include proof the applicant is a recipient of the Purple Heart."/
Amend title to conform.
Rep. TOWNSEND 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. 368 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5817JM.95), 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 9-9-55. Notwithstanding any other provision of law, any member of the General Assembly who served in the General Assembly any portion of a year may establish credit for the entire year by paying the full actuarial cost as determined by the Retirement System for Members of the General Assembly."/
Renumber sections to conform.
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5833HTC.95), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 9-9-50(4) of the 1976 Code is amended to read:
"(4) Any A member with two or more years of credited service shall receive additional credited service for the period of his military service, including service in the South Carolina National Guard, at the rate of one year of military or National Guard service for each two years of his credited service excluding any period of credited military service, provided he was discharged or separated from the military service under conditions other than dishonorable, and if provided that he shall pay pays to the system, by a single payment prior to his retirement or death or by such other method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately prior to the commencement of his military leave during the period of such military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered prior to his before becoming a member of the General Assembly, such the payments by the member, as described in the foregoing sentence, shall must be determined on the basis of his earnable compensation at the time he first became a member of the system. Provided, however, no No member shall receive credit for more than six years of military service and no member may receive credit for service performed after 1975."/
Renumber sections to conform.
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. LANFORD explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 677 -- Senator Leventis: A JOINT RESOLUTION TO DIRECT THE CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION TO ESTABLISH A QUARANTINE FOR LARYNGOTRACHEITIS, AN INFECTIOUS AND COMMUNICABLE POULTRY DISEASE, AND TO PROVIDE REQUIREMENTS FOR THE QUARANTINE.
Rep. RISER explained the Joint Resolution.
H. 3652 -- Reps. Keegan, Meacham, A. Young, Cobb-Hunter, Wofford, Bailey, Delleney, Worley, Whatley, Kelley, Thomas, Gamble, Koon, Seithel, Wells, Huff, Witherspoon, Riser, Martin, Spearman, McTeer and Fulmer: A BILL TO AMEND SECTION 22-5-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPUNGEMENT OF A CRIMINAL RECORD, SO AS TO PROHIBIT THE EXPUNGEMENT OF A CRIMINAL RECORD FOR A CRIME CONTAINED IN CHAPTER 25 OF TITLE 16.
Rep. MARTIN explained the Bill.
H. 3676 -- Reps. Trotter, Meacham, Hutson, P. Harris, L. Whipper, Cooper, Townsend, Simrill, Tripp, Cain, Hines, S. Whipper, Neilson, Kirsh, Limehouse, Anderson, Robinson, Breeland, Rice, Chamblee, Marchbanks, Easterday, Stoddard, Waldrop, Spearman and Sandifer: A BILL TO AMEND SECTION 40-15-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO REVISE CIRCUMSTANCES IN SCHOOL SETTINGS UNDER WHICH A SEALANT MAY BE APPLIED AND A PROPHYLAXIS PERFORMED BY A DENTAL HYGIENIST.
Rep. WILDER explained the Bill.
H. 3711 -- Reps. Baxley, G. Brown, Elliott, Wright, Worley, Jennings and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-105 SO AS TO AUTHORIZE, UPON CERTIFICATION AND SUPERVISION, DENTAL HYGIENISTS AND EXPANDED DUTY DENTAL ASSISTANTS TO MONITOR NITROUS OXIDE ANESTHESIA.
Rep. WILDER explained the Bill.
H. 3712 -- Reps. Baxley, G. Brown, Elliott, Wright, Worley, Jennings and Sandifer: A BILL TO AMEND SECTION 40-15-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO PROVIDE THAT UPON CERTIFICATION AND UNDER THE SUPERVISION OF A DENTIST A DENTAL HYGIENIST MAY ADMINISTER INFILTRATION ANESTHESIA.
Rep. WILDER explained the Bill.
H. 3518 -- Rep. Richardson: A BILL TO AMEND SECTION 38-31-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT", SO AS TO CHANGE THE DEFINITION OF "COVERED CLAIM"; AND TO AMEND SECTION 38-31-100, RELATING TO THE SAME ACT, THE REQUIREMENT THAT CLAIMANTS EXHAUST RIGHTS UNDER OTHER POLICIES, AND CLAIMS RECOVERABLE FROM MORE THAN ONE ASSOCIATION, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT ANY RECOVERY UNDER THIS ACT MUST BE REDUCED BY THE STATUTORY CAP APPLICABLE TO THE OTHER INSURANCE GUARANTY ASSOCIATION OR ITS EQUIVALENT.
Rep. RICHARDSON explained the Bill.
H. 3630 -- Reps. Kelley, Keegan, Worley, Martin, Trotter, Witherspoon and Thomas: A BILL TO AMEND SECTION 61-3-990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON SALES BY RETAIL DEALERS OF ALCOHOLIC BEVERAGES, SO AS TO AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS FOR CONSUMPTION IN COMMERCIAL AIRCRAFT ENGAGED IN INTERSTATE COMMERCE.
Rep. GAMBLE explained the Bill.
The following Bill was taken up.
H. 3785 -- Reps. Sharpe, Knotts, Hutson, Limehouse, Littlejohn, A. Young, Whatley, Fleming, Bailey, Fair, Easterday, Allison, Meacham, Walker, Moody-Lawrence, R. Smith, Neal, Tripp, Neilson, Stille, Davenport, Witherspoon, Hines, Vaughn, Rice, Cato, Haskins, Sandifer, Shissias, Mason, Riser, J. Brown, Wright, Wofford, Richardson, J. Harris, Dantzler and Harrison: A BILL TO AMEND TITLE 40, CHAPTER 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASSEURS AND MASSEUSES, TO ENACT THE MASSAGE PRACTICE ACT SO AS TO CREATE THE BOARD OF MASSAGE AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH LICENSURE AND RENEWAL REQUIREMENTS FOR MASSAGE THERAPISTS; TO DEFINE ACTS OF MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT, AND TO PROVIDE PENALTIES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10174AC.95), which was adopted.
Amend the bill, as and if amended, by striking all the enacting words and inserting:
/SECTION 1. Title 40, Chapter 30 of the 1976 Code is amended to read:
Section 40-30-10. The General Assembly finds that the provisions of this chapter are necessary to protect the general health, safety, welfare, and morals of the citizens of this State This chapter may be cited as the Massage/Bodywork Practice Act.
Section 40-30-20. For purposes of this chapter:
(A) "Masseur" means a male person and "masseuse" means a female person who apply manual or mechanical massages or similar treatment to the human trunk or limbs.
(B) "Division" means the South Carolina Law Enforcement Division. The General Assembly recognizes that the practice of massage/bodywork is potentially harmful to the public in that massage/bodywork therapists must have a knowledge of anatomy and physiology and an understanding of the relationship between the structure and the function of the tissues being treated and the total function of the body. Massage/bodywork is therapeutic, and regulations are necessary to protect the public from unqualified practitioners. It is therefore necessary in the interest of public health, safety, and welfare to regulate the practice of massage/bodywork in this State. However, restrictions must be imposed to the extent necessary to protect the public from significant and discernible danger to health and yet not in such a manner which will unreasonably affect the competitive market. Further, consumer protection for both health and economic matters must be afforded the public through legal remedies provided for in this chapter.
Section 40-30-30. A masseur or masseuse or any person or party engaging in any business, trade, profession, occupation, or calling may do business only between the hours of 10:00 a.m. and 10:00 p.m., Monday through Saturday. Any operator of a massage parlor or establishment, or business above enumerated and not specifically exempted under the provisions of this chapter, may only operate between the hours provided in this chapter. As used in this chapter:
(1) 'Advisory panel' means the Advisory Panel for Massage/Bodywork under the Department of Labor, Licensing, and Regulation.
(2) 'Approved massage/bodywork school' means a facility which meets minimum standards for training and curriculum as determined by regulation of the department.
(3) 'Department' means the Department of Labor, Licensing, and Regulation.
(4) 'Director' means the Director of the Department of Labor, Licensing, and Regulation.
(5) 'Disciplinary panel' means the Disciplinary Panel for Massage/Bodywork under the Department of Labor, Licensing, and Regulation.
(6) 'Hydrotherapy' means the use of water, vapor or ice for treatment of superficial tissues.
(7) 'Licensure' means the procedure by which a person applies to the department and is granted approval to practice massage/bodywork.
(8) 'Massage/bodywork therapy' means the application of a system of structured touch and or the manipulation of the superficial tissues of the human body with the hand, foot, arm, or elbow whether or not the manipulation is aided by hydrotherapy, thermal therapy, a massage device, human hands or the application to the human body of a chemical or herbal preparation.
(9) 'Massage/bodywork therapist' means a person licensed as required by this chapter, who administers massage/bodywork therapy for compensation.
(10) 'Massage device' means an electrical or mechanical device which mimics or enhances the actions possible by the hands by means of vibration.
(11) 'Thermal therapy' means the use of ice or a heat lamp or moist heat on superficial tissues.
Section 40-30-40. It is unlawful for any masseur or masseuse to treat a person of the opposite sex, except upon the signed order of a licensed physician, osteopath, or chiropractor, which order must be dated and shall specifically state the number of treatments, not to exceed ten. The date and hour of each treatment given and the name of the operator must be entered on the order by the establishment where the treatments are given and is subject to inspection by the division at any reasonable time. The requirements of this section do not apply to treatments given in the residence of a patient, the office of a licensed physician, osteopath, chiropractor, or in a regularly established and licensed hospital or sanitarium. (A) There is created the Advisory Panel for Massage/Bodywork under the Department of Labor, Licensing, and Regulation. The advisory panel consists of nine members appointed by the Governor with the advice and consent of the Senate. Six members of the advisory panel must be licensed massage/bodywork therapists and must have been engaged in the practice of massage/bodywork for not fewer than three consecutive years before appointment to the advisory panel and must be appointed by the Governor, one from each congressional district, and must reside in and practice in the district the massage/bodywork therapist represents. The massage/bodywork therapist members of the advisory panel must represent the diversity of the types of massage/bodywork therapy practiced and licensed in South Carolina. Three members of the advisory panel must be appointed by the Governor from the State at large and must be members of the general public who are not licensed massage/bodywork therapists nor have any financial interest, direct or indirect, in the profession of massage/bodywork therapy. Each advisory panel member must be a high school graduate or shall have received a graduate equivalency diploma. Each advisory panel member must be a citizen of the United States and a resident of this State for not fewer than five years.
(B) Nominations for appointment to the advisory panel may be submitted to the Governor from any individual, group, or association.
(C) Members serve a term of four years and until their successors are appointed and qualify. No member may serve more than two full or partial terms. A vacancy on the advisory panel must be filled in the manner of the original appointment for the remainder of the unexpired term.
(D) The Governor may remove a member of the advisory panel in accordance with Section 1-3-240.
Section 40-30-50. (A) It is unlawful for any person under the age of eighteen to patronize any massage parlor or similar establishment unless the person carries with him at the time of the patronage a written order directing the treatment to be given signed by a regularly licensed physician.
(B) It is the duty of the operator of the massage parlor or similar establishment to determine and have verification of the age of the person patronizing the establishment. The duties of the advisory panel are to advise the department in the development of regulations, statutory revisions, and such other matters as the department may request in regard to the administration of this chapter.
Section 40-30-60. Any establishment employing a masseur or masseuse is subject to the following restrictions:
(A) Prices charged for all services rendered must be posted inside the entrance; and In accordance with Section 40-73-15, the Director of the Department of Labor, Licensing, and Regulation may employ and establish compensation for personnel the director considers necessary and appropriate for the administration of this chapter.
(B) All persons administering massages shall obtain a health certificate from the county health department prior to working as a massager and shall obtain a renewal every six months thereafter Duties must be prescribed by the director and may include, but are not limited to:
(1) maintaining and preserving records;
(2) receiving and accounting for all monies received by the department;
(3) issuing necessary notices to licensees;
(4) determining the eligibility of applicants for examination and licensure;
(5) examining applicants for licensure including, but not limited to:
(a) prescribing the subjects, character, and manner of licensing examinations;
(b) preparing, administering, and grading the examination or contracting for the preparation, administration, or grading of the examination. Professional testing services may be utilized to formulate and administer any examinations required by the department;
(6) license and renew the licenses of qualified applicants;
(7) evaluate and approve continuing education course hours and programs;
(8) promulgate regulations to carry out this chapter including, but not limited to, establishing a code of ethics to govern the conduct and practices of persons licensed under this chapter.
Section 40-30-65. (A) There is created a Disciplinary Panel for Massage/Bodywork under the Department of Labor, Licensing, and Regulation. The disciplinary panel consists of three members appointed by the Governor with the advice and consent of the Senate. The members of the disciplinary panel must be licensed massage/bodywork therapists and must have been engaged in the practice of massage/bodywork for not fewer than three consecutive years before appointment and must practice in this State. The members of the disciplinary panel must represent the diversity of the types of massage/bodywork therapy practiced and licensed in South Carolina. Each disciplinary panel member must be a high school graduate or shall have received a graduate equivalency diploma. Each disciplinary panel member must be a citizen of the United States and a resident of this State for not fewer than five years.
(B) Nominations for appointment to the disciplinary panel may be submitted to the Governor from any individual, group, or association.
(C) Members serve a term of two years and until their successors are appointed and qualify. No member may serve more than two full or partial terms. A vacancy on the disciplinary panel must be filled in the manner of the original appointment for the remainder of the unexpired term.
(D) Before entering upon the discharge of the duties of the office, a disciplinary panel member shall take and file with the Secretary of State in writing an oath to perform the duties of the office as a member of the disciplinary panel and to uphold the Constitution of this State and the United States.
(E) Members of the disciplinary panel must be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions and must be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the disciplinary panel. Compensation and reimbursements paid to disciplinary panel members under this subsection must be paid as an expense of the disciplinary panel in the administration of this chapter.
(F) The Governor may remove a member of the disciplinary panel in accordance with Section 1-3-240.
Section 40-30-70. The division is authorized to promulgate such regulations as it may consider necessary to carry out the purposes of this chapter and design and distribute such forms as may be required. The disciplinary panel shall:
(1) conduct hearings on alleged violations of this chapter and regulations promulgated under this chapter;
(2) mediate consumer complaints, where appropriate and possible;
(3) discipline persons licensed under this chapter in any manner provided for in this chapter.
Section 40-30-80. The provisions of this chapter do not apply to a regularly established and licensed hospital, sanitarium, nursing home, or medical clinic, nor to the office or clinic operated by a duly qualified and licensed medical practitioner, osteopath, or chiropractor in connection with his practice of medicine, chiropractic, or osteopathy, or employees thereof, nor to YMCA's or YWCA's. However, the office or clinic must be regularly used by the medical practitioner, chiropractor, or osteopath as his principal location for his practice of medicine, chiropractic, or osteopathy. (A) The department shall charge and collect the following fees:
(1) massage/bodywork therapist application, not to exceed fifty dollars;
(2) massage/bodywork therapist initial licensure fee, not to exceed one hundred dollars;
(3) biennial massage/bodywork therapist licensure renewal fee, not to exceed two hundred dollars;
(4) massage/bodywork therapist reexamination fee, not to exceed two hundred fifty dollars;
(5) application and provisional massage/bodywork therapist licensure fee, not to exceed two hundred dollars;
(6) application and reactivation for inactive status of a massage/bodywork therapist license fee, not to exceed two hundred fifty dollars;
(7) renewal fee for inactive status, not to exceed two hundred fifty dollars;
(8) continuing education course provider fee, not to exceed one hundred dollars and continuing education course provider renewal fee, not to exceed fifty dollars.
Section 40-30-90. Any person violating the provisions of this chapter is guilty of a misdemeanor and upon conviction must be fined not more than one thousand dollars or imprisoned not more than one year, or both The department shall prepare and submit an annual report on the administration of this chapter in accordance with Section 40-73-20.
Section 40-30-100. No person may practice massage/bodywork without a license issued in accordance with this chapter by the director; however, a person licensed by the State under this title or any other provision of law whose scope of practice overlaps with the practice of massage/bodywork is not also required to be licensed under this chapter unless the person holds himself out to be a practitioner of massage/bodywork. Nothing in this chapter may be construed to authorize a massage/bodywork therapist licensed under this chapter to practice physical therapy or chiropractic or to utilize chiropractic therapeutic modalities except where the scope of practice for massage/bodywork, as provided for in this chapter, overlaps with the practice of physical therapy or chiropractic and in the use of the following chiropractic therapeutic modality procedures: heat, cold, hydrotherapy, exercise and massage.
Section 40-30-110. To be licensed by the department as a massage/bodywork therapist a person must:
(1) be at least eighteen years of age and have received a high school diploma or graduate equivalency diploma;
(2) have completed a five hundred hour course of supervised study at an approved massage/bodywork school having a curriculum that meets the standards as set forth in regulation by the department; and
(3) have received a passing grade on the National Certification Exam for Therapeutic Massage and Bodywork, or any other national examination for massage/bodywork therapy that meets the educational requirements of this chapter and has been certified by the National Commission for Certifying Agencies, or an examination that meets the standards as set forth in regulation by the department.
Section 40-30-120. An application for licensure must be made in writing under oath on a form prescribed by the department and accompanied by all applicable fees.
Section 40-30-130. (A) An applicant who fails an examination may be reexamined as provided by the department in regulation.
(B) A licensing examination must be conducted so that the applicant is known to the department by number until the examination is completed and the proper grade determined. An accurate record of each examination must be made and filed with all examination papers with the director of the department and must be kept for reference and inspection for a period of not fewer than two years immediately following the examination.
Section 40-30-140. (A) If an applicant satisfies the licensure requirements and pays the applicable fees as provided for in this chapter, the department shall issue a license to the applicant. A license is a personal right and not transferable and the issuance of a license is evidence that the licensee is entitled to all rights and privileges of a massage/bodywork therapist while the license remains current and unrestricted.
(B) A person licensed under this chapter shall display the license in a prominent and conspicuous place in the person's place of business and shall include the number of the license in an advertisement of massage/bodywork services appearing in a newspaper, airwave transmission, telephone directory, or other advertising medium.
(C) Only a person licensed under this chapter may use the title of 'massage/bodywork therapist'.
(D) Under conditions established by the department in regulation the department may issue a provisional license to applicants meeting these requirements.
(E) A duplicate license may be issued to a licensee by the department in accordance with regulations promulgated by the department and upon payment of a fee.
Section 40-30-150. The department shall issue a license to a person who holds an active license in another state if the standards for licensure in that state are at least the substantial equivalent to the licensing standards provided for in this chapter, and the person satisfies any other requirements the department may prescribe in regulation.
Section 40-30-160. (A) The department shall keep a record of its proceedings and a registry of all applications for licensure. The register shall show the name, age, and last known address of each applicant, the place of business of the applicant, the education, experience, and other qualifications of the applicant, type of examination required, whether or not a license was granted, whether or not the applicant was denied a license, the date of the action of the department, and other information considered necessary by the department.
(B) The record of department proceedings and its registry of applications must be open to public inspection and a copy of the registry must be provided upon request and payment of a fee.
(C) Records of the department and its registry are prima facie evidence of its proceedings and a transcript certified by the director under seal is admissible as evidence with the same force and effect as the original.
Section 40-30-170. Annually the department shall prepare and publish a roster containing the names and places of businesses of all persons licensed under this chapter. A copy of the roster must be provided upon request and upon payment of a fee.
Section 40-30-180. (A) A person licensed under this chapter biennially must satisfy these license renewal requirements in order to continue practicing massage/bodywork therapy:
(1) pay a renewal fee in the amount, at the time, and in the manner as the department provides in regulation;
(2) submit evidence of compliance with continuing education requirements prescribed by the department in accordance with Section 40-30-190.
A massage/bodywork therapist's license automatically reverts to inactive status if the massage/bodywork therapist fails to timely comply with this subsection and only may be reinstated upon application and payment of any fees and after having met any additional requirements which the department may establish in regulation including, but not limited to, continuing education requirements.
(B) A license which has been inactive for more than four years automatically expires if the person has not made application for renewal of the license. An expired license is null and void without any further action by the department.
Section 40-30-190. The department shall promulgate regulations establishing continuing education requirements and criteria for the approval of continuing education programs or courses including, but not limited to, correspondence courses for:
(1) license renewal not to exceed twelve classroom hours per biennium;
(2) reinstating an inactive license, not to exceed six classroom hours for each year the license was inactive.
Section 40-30-200. If the director has reason to believe that a person licensed under this chapter has become unfit to practice massage/bodywork therapy or has violated a provision of this chapter or a regulation promulgated under this chapter or if a written complaint charging the licensee with the violation of a provision of this chapter or a regulation is filed with the director, the director shall initiate an investigation in accordance with procedures established by the department in regulation. If after investigation it appears that probable cause exists for a hearing, a time and a place must be set by the disciplinary panel for a hearing to determine whether disciplinary action must be taken against the licensee. Notice must be given and the hearing conducted in accordance with the Administrative Procedures Act.
Section 40-30-210. For the purpose of a proceeding under this chapter, the disciplinary panel may administer oaths and upon its own motion or upon request of any party, shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation including, but not limited to, the existence, description, nature, custody, condition, and location of any books, documents, or other tangible items and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. Upon failure to obey a subpoena or to answer questions propounded by the disciplinary panel, the disciplinary panel may apply pursuant to the Administrative Procedures Act to an Administrative Law Judge for an order requiring the person to appear before the disciplinary panel and to produce documentary evidence and give other evidence concerning the matter under inquiry.
Section 40-30-220. (A) When the disciplinary panel or the department has reason to believe that a person is violating or intends to violate a provision of this chapter or a regulation promulgated under this chapter, in addition to all other remedies, it may order the person to immediately cease and desist from engaging in the conduct. If the person is practicing massage/bodywork without being licensed under this chapter the disciplinary panel or the department also may apply to an Administrative Law Judge for a temporary restraining order prohibiting the unlawful practice. The Administrative Law judge may issue a temporary restraining order ex parte and the disciplinary panel or the department is not required to:
(1) post a bond;
(2) establish the absence of an adequate remedy at law;
(3) establish that irreparable damage would result from the continued violation.
No disciplinary panel member nor the Director of the Department of Labor, Licensing, or Regulation nor any other employee of the department may be held liable for damages resulting from a wrongful temporary restraining order.
(B) In accordance with the South Carolina Rules of Civil Procedure, the disciplinary panel or the department also may seek from an Administrative Law Judge other equitable relief to enjoin the violation or intended violation of this chapter or a regulation promulgated under this chapter.
Section 40-30-230. The following constitute misconduct and are grounds for the department denying initial licensure to or the disciplinary panel taking disciplinary action against a person who:
(1) used a false, fraudulent, or forged statement or document or committed a fraudulent, deceitful, or dishonest act in applying for licensure under this chapter;
(2) has had his license to practice massage/bodywork from another state or jurisdiction canceled, revoked, suspended, or otherwise restricted;
(3) has violated a provision of this chapter, a regulation promulgated under this chapter, or an order of the department or the disciplinary panel;
(4) has intentionally or knowingly, directly or indirectly, aided or abetted in the violation or conspiracy to violate this chapter or a regulation promulgated under this chapter;
(5) has intentionally used a fraudulent statement in a document connected to the practice of massage/bodywork or has made false, deceptive, or misleading statements in the practice of massage/bodywork or in advertising;
(6) has obtained fees or assisted in obtaining fees under intentionally fraudulent circumstances;
(7) has committed dishonorable, unethical, or unprofessional conduct that is likely to deceive, defraud, or harm the public;
(8) lacks the professional or ethical competence to practice massage/bodywork;
(9) has been convicted of or has pled guilty to or nolo contendere to a felony or a crime which directly relates to the practice or ability to practice massage/bodywork;
(10) has practiced massage/bodywork while under the influence of alcohol or drugs or uses alcohol or drugs to such a degree as to render him unfit to practice massage/bodywork;
(11) has sustained a physical or mental disability, as determined by a physician, which renders further practice by the licensee dangerous to the public.
Section 40-30-240. When investigating grounds for taking disciplinary action based upon an alcohol or drug addiction, as provided for in Section 40-30-240(10), or a physical or mental disability, as provided for in Section 40-30-240(11), the disciplinary panel upon reasonable grounds may:
(1) require an applicant or licensee to submit to a mental or physical examination including a drug test by physicians designated by the disciplinary panel. The results of an examination are admissible in a hearing before the disciplinary panel, notwithstanding a claim of privilege under a contrary rule of law. A person who accepts the privilege of practicing massage/bodywork in this State or who files an application for a license to practice massage/bodywork in this State is deemed to have consented to submit to a mental or physical examination including a drug test and to have waived all objections to the admissibility of the results in a hearing before the disciplinary panel upon the grounds that the results constitute a privileged communication. If an applicant or licensee fails to submit to an examination when requested by the disciplinary panel under this section, unless the failure was due to circumstances beyond the person's control, the disciplinary panel shall enter an order automatically denying or suspending the license pending compliance and further order of the disciplinary panel. An applicant or licensee who is prohibited from practicing under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the disciplinary panel the ability to resume or begin the practice of massage/bodywork with reasonable skill and safety to patients;
(2) obtain records relating to the mental or physical condition of an applicant or licensee including, but not limited to, psychiatric records, and these records are admissible in a hearing before the disciplinary panel, notwithstanding any other provision of law. A person who accepts the privilege of practicing massage/bodywork in this State or who files an application to practice massage/bodywork in this State is deemed to have consented to the disciplinary panel obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the disciplinary panel upon the grounds that the records constitute a privileged communication. If a licensee or applicant refuses to sign a written consent for the disciplinary panel to obtain these records when requested by the disciplinary panel under this section, unless the failure was due to circumstances beyond the person's control, the disciplinary panel shall enter an order automatically denying or suspending the license pending compliance and further order of the disciplinary panel. An applicant or licensee who is prohibited from practicing massage/bodywork under this section must be afforded at reasonable intervals an opportunity to demonstrate to the disciplinary panel the ability to resume or begin the practice of massage/bodywork with reasonable skill and safety to patients.
Section 40-30-250. (A) Upon a determination by the disciplinary panel that one or more of the grounds for discipline exist, as provided for in Section 40-30-230, the disciplinary panel may:
(1) issue a public or private reprimand;
(2) order community service;
(3) order restitution, where appropriate;
(4) impose costs, not to exceed the actual costs to the disciplinary panel in investigating and processing the disciplinary action against the licensee including, but not limited to, amounts expended for disciplinary panel members' attendance at hearings, service of papers, witness fees and expenses, and court reporter fees;
(3) impose a fine not to exceed one thousand dollars for each violation;
(4) place the licensee on probation, restrict the license, or suspend the license for a definite or indefinite time and prescribe conditions to be met during probation, restriction, or suspension, respectively, including, but not limited to, satisfactory completion of a supervisory period of continuing education programs as the department may specify;
(5) permanently revoke the license.
(B) A decision by the disciplinary panel to discipline a licensee as authorized under this section must be made by a majority vote of the total membership of the disciplinary panel serving at the time the vote is taken.
(C) A final order of the department refusing to issue a license to an applicant or of the disciplinary panel disciplining a licensee under this section, except for a private reprimand, is public information.
Section 40-30-260. A licensee who is under investigation for misconduct as defined in Section 40-30-230 for which the disciplinary panel may take disciplinary action may voluntarily surrender his license to the department. The voluntary surrender invalidates the license at the time of its relinquishment, and no person whose license is surrendered voluntarily may practice as a massage/bodywork therapist until the disciplinary panel reinstates the license. A person practicing as a massage/bodywork therapist during the period of voluntary license surrender is considered an illegal practitioner and is subject to the penalties provided by this chapter. The surrender of a license may not be considered as an admission of guilt in a proceeding under this chapter. The surrender does not preclude the disciplinary panel from imposing conditions on the acceptance of the proffered surrender and does not preclude the disciplinary panel from taking disciplinary action against the licensee.
Section 40-30-270. A person aggrieved by an action of the disciplinary panel or the department may appeal the decision to an Administrative Law Judge in accordance with the Administrative Procedures Act. Service of a notice of appeal does not stay the disciplinary panel's or the department's decision pending completion of the appellate process.
Section 40-30-280. (A) Service of any notice provided for by law upon a nonresident licensed under this chapter or upon a resident who having been licensed, subsequently becomes a nonresident or after due diligence cannot be found at his usual abode or place of business in this State, may be made by leaving with the Director of the Department of Labor, Licensing, and Regulation a copy of the notice and any accompanying documents. A copy of the notice, accompanying documents, and a certified copy of the service on the director must be mailed to the licensee at his last known address, return receipt requested. The director shall keep a record of the day of the service of the notice, and the return receipt must be attached to and made a part of the return of service of the notice by the department.
(B) A continuance may be given in any hearing under this chapter for which notice is given pursuant to this section so as to afford the licensee a reasonable opportunity to appear and be heard.
Section 40-30-290. (A) All costs and fines imposed under Section 40-30-250 are due and payable immediately upon imposition. Unless the costs and fines are paid within sixty days after the order becomes final, the order constitutes a judgment and may be filed and executed upon in the same manner as a judgment in the Court of Common Pleas, and the department may collect costs and attorney fees incurred in executing the judgment. Interest at the legal rate accrues on the amount due from the date imposed until the date paid.
(B) All fines and costs collected under this section must be remitted by the department to the State Treasurer and deposited in a special fund from which the department, upon approval of the State Budget and Control Board, must be reimbursed for the administrative costs associated with investigations and hearings under this chapter.
Section 40-30-300. (A) Every communication, whether oral or written, made by or on behalf of a person, to the director or the disciplinary panel, whether by way of complaint or testimony, is privileged, and no action or proceeding, civil or criminal, may be brought against the person, by or on whose behalf the communication is made, except upon proof that the communication was made with malice.
(B) Nothing in this chapter may be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law, nor as prohibiting the respondent from normal access to the charges and evidence filed against him as part of due process under the law.
Section 40-30-310. (A) It is unlawful for a person to:
(1) hold himself out as a massage/bodywork therapist unless licensed under this chapter;
(2) permit an employed person to practice massage/bodywork unless licensed under this chapter;
(3) present as his own the license of another;
(4) allow the use of his license by an unlicensed person;
(5) give false or forged evidence to the department in obtaining a license under this chapter;
(6) falsely impersonate another licenseholder of like or different name;
(7) use or attempt to use a license that has been revoked;
(8) otherwise violate a provision of this chapter.
(B) The department may institute civil action in the circuit court, in the name of the State, for injunctive relief against any person violating the provisions of this chapter or the regulations or orders of the department or disciplinary panel. For each violation, the court may in its discretion, impose a fine of no more than one thousand dollars.
Section 40-30-320. Nothing in this chapter may be construed to prevent the teaching of massage/bodywork in this State at an approved massage/bodywork school."
SECTION 2. Notwithstanding Section 40-30-110 of the 1976 Code, as added by Section 1 of this act, if an applicant for licensure as a massage/bodywork therapist does not meet the approved educational requirements or has not passed the National Certification Exam or any other national examination for massage/bodywork therapy that meets the educational requirements of this chapter and has been certified by the National Commission for Certifying Agencies, at the time this act goes into effect, then for a period of one year after the effective date of this act, the department permanently may waive the educational requirements and allow a provisional license to be issued; however, the applicant must pay all applicable fees. The applicant must be practicing in the State at the time the application is submitted and documentation of at least five hundred hours of massage/bodywork experience and/or training within a four-year period before application is made must be provided to the department in the manner and form as the department may require including, but not limited to:
(1) documentation establishing the professional practice of massage/bodywork, as defined in Section 40-30-30, for four years preceding the application; and
(2) three letters of reference from sources approved by the department attesting to the professional qualifications and competence of the applicant.
Within one year after the provisional license is issued, the applicant must successfully pass the National Certification Exam or any other national examination for massage/bodywork therapy that meets the educational requirements of this chapter and has been certified by the National Commission for Certifying Agencies to be granted a renewed license. If the provisional licensee fails the examination, department regulations providing for reexamination apply.
SECTION 3. This act takes effect one year after approval by the Governor./
Amend title to conform.
Rep. TRIPP explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HODGES moved to adjourn debate upon the following Bill until Thursday, April 27, which was adopted.
H. 3123 -- Reps. R. Smith and Kelley: A BILL TO AMEND SECTION 56-10-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFISCATION OF MOTOR VEHICLE REGISTRATION CERTIFICATES AND LICENSE PLATES, SO AS TO DELETE CERTAIN PROVISIONS REGARDING THE CONFISCATION OF MOTOR VEHICLE REGISTRATION CERTIFICATES AND PLATES AND PROVISIONS REGARDING THE REINSTATEMENT FEE, THE PER DIEM FINE, AND OTHER MONETARY PENALTIES; AND TO REPEAL SECTIONS 38-77-175 AND 56-7-12, RELATING TO VERIFICATION OF AUTOMOBILE INSURANCE COVERAGE UPON THE ISSUANCE OF A TRAFFIC TICKET.
The following Bill was taken up.
H. 3557 -- Rep. Kirsh: A BILL TO AMEND SECTION 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATIONS WHICH ARE NOT REQUIRED TO FILE REGISTRATION STATEMENTS WITH THE SECRETARY OF STATE UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO PROVIDE THAT ANY CIVIC ORGANIZATION WHICH IS TAX EXEMPT UNDER SECTION 501(c)(4) OF THE INTERNAL REVENUE CODE IS ALSO NOT REQUIRED TO FILE THESE REGISTRATION STATEMENTS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21723SD.95), which was adopted.
Amend the bill, as and if amended, by striking Section 33-56-50 of the 1976 Code, as contained in SECTION 1, and inserting:
/"Section 33-56-50. The following are not required to file registration statements with the Secretary of State, provided none of its fund-raising activities are carried on by professional solicitors:
(1) an educational institution which solicits contributions only from its students and their families, alumni, faculty, friends and other constituencies, trustees, corporations, foundations, and individuals who are interested in and supportive of the programs of the institution;
(2) persons requesting contributions for the relief of an individual specified by name at the time of the solicitation when all of the contributions collected without any deductions of any kind are turned over to the named beneficiary for his use, provided that a person soliciting the contributions is not a named beneficiary;
(3) charitable organizations which do not intend to solicit nor receive contributions from the public in excess of five twenty thousand dollars during a calendar year or do not receive contributions from more than ten persons during a calendar year, if all of their functions, including fund-raising activities, are carried on by persons who are unpaid for their services and if no part of their assets or income inures to the benefit of or is paid to any officer or member. If the contributions raised from the public, whether all of the contributions are or are not received by a charitable organization during any calendar year, are in excess of five twenty thousand dollars, within thirty days after the date the contributions exceed five twenty thousand dollars, it must register with and report to the department as required by this chapter;
(4) organizations which solicit exclusively to their members, including utility cooperatives; and
(5) any veteran's organization which has a congressional charter.
Any charitable organization claiming to be exempt from the registration provisions of this chapter and which will or does solicit charitable contributions shall submit annually to the secretary on forms to be prescribed by the secretary, the name, address, and purpose of the organization and a statement setting forth the reason for the claim for exemption. If exempted, the secretary or his appropriate division shall issue a letter of exemption which may be exhibited to the public. No filing fee is required of an exempt organization."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. A. YOUNG 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.
H. 3760 -- Reps. Klauber, Vaughn and Felder: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND EXEMPTIONS, SO AS TO PROVIDE THAT NO FEE PROVIDED FOR IN THIS SECTION OR BY ANY REGULATION PROMULGATED UNDER THIS SECTION SHALL BE CHARGED TO, IMPOSED UPON, OR COLLECTED FROM OR ON BEHALF OF ANY PERSON EXEMPTED FROM THE CONTINUING EDUCATION REQUIREMENTS OF THIS SECTION.
Rep. NEILSON explained the Bill.
Rep. NEILSON moved to adjourn debate upon the Bill until Tuesday, May 2, which was adopted.
Rep. SCOTT moved to reconsider the vote whereby the following Joint Resolution was given a second reading.
S. 677 -- Senator Leventis: A JOINT RESOLUTION TO DIRECT THE CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION TO ESTABLISH A QUARANTINE FOR LARYNGOTRACHEITIS, AN INFECTIOUS AND COMMUNICABLE POULTRY DISEASE, AND TO PROVIDE REQUIREMENTS FOR THE QUARANTINE.
Rep. RISER moved to table the motion to reconsider, which was agreed to by a division vote of 35 to 2.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. H. BROWN moved that the House recur to the morning hour, which was agreed to.
The following were received and referred to the appropriate committee for consideration.
Document No. 1859
Promulgated By Budget and Control Board - Research and Statistics
Data Reporting Requirements Pertaining to Submission of Ambulatory Medical Encounter Data
Received By Speaker April 24, 1995
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date March 30, 1996
Document No. 1860
Promulgated By Budget and Control Board - Research and Statistics
Data Reporting Requirements Pertaining to S.C. Hospitals
Received By Speaker April 24, 1995
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date March 30, 1996
The following was introduced:
H. 4162 -- Rep. Cotty: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND CHARLES RANDOLPH DELK OF RICHLAND COUNTY ON HIS OVER TWENTY YEARS OF SERVICE AS JUDGE OF THE PONTIAC MAGISTRATE'S COURT AND TO WISH HIM GODSPEED AND GOOD HEALTH IN HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4163 -- Reps. Cotty, Shissias and Howard: A CONCURRENT RESOLUTION TO COMMEND RICHLAND COUNTY SCHOOL DISTRICT TWO FOR ITS MAGNIFICENT ARTS EDUCATION PROGRAM AND FOR ITS RECEIPT OF A 1995 ELIZABETH O'NEILL VERNER AWARD FOR ITS CONTRIBUTIONS TO THE ARTS IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4164 -- Reps. Koon, Gamble, Spearman, Knotts, Wright, Riser and Stuart: A CONCURRENT RESOLUTION TO COMMEND TOMMY HARMAN OF LEXINGTON UPON BEING NAMED THE DIRECTOR OF THE LEXINGTON CHAMBER OF COMMERCE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4165 -- Reps. Kennedy and Harvin: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE WALLACE D. CONNOR OF WILLIAMSBURG COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4166 -- Reps. Robinson, Marchbanks, Rice and Trotter: A BILL TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF PICKENS COUNTY, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998 ELECTION, THE THREE AT-LARGE SEATS ON THE BOARD SHALL BE NUMBERED CONSECUTIVELY AND CANDIDATES SHALL FILE FOR AND BE ELECTED FROM SPECIFIC AT-LARGE SEATS, TO STAGGER THE TERMS OF THE THREE AT-LARGE MEMBERS ELECTED IN 1998, AND TO PROVIDE A FILING FEE FOR ELECTION TO THESE OFFICES.
On motion of Rep. MARCHBANKS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4167 -- Reps. Fleming and Wilder: A BILL TO AMEND ACT 288 OF 1987, RELATING TO THE UNION-LAURENS HIGHER EDUCATION COMMISSION, SO AS TO INCREASE IT FROM SEVEN TO NINE MEMBERS, AND REQUIRE THE TWO ADDITIONAL MEMBERS RESIDE IN UNION COUNTY.
On motion of Rep. FLEMING, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following Bill was taken up.
H. 3777 -- Reps. Neilson, Inabinett, Robinson, Littlejohn, S. Whipper, Sandifer, Rice, Allison, Stuart, Stille, Richardson and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 8 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7409BDW.95), which was adopted.
Amend the bill, as and if amended, Section 8-10-40, page 2, line 6, by deleting /if desired by the prospective employee/ so that, when amended, the section reads:
/Section 8-10-40. An employer may require samples from his prospective employees and may require presentation of reliable identification to the person collecting the samples. Collection of the sample must be in conformance with the requirements of this chapter, and enough sample must be taken for the initial test of the employer and a confirmation test. The employer may designate the type of sample to be used for this testing./
Amend further, by striking Section 8-10-50, page 2, beginning on line 9, and inserting:
/Section 8-10-50. An employer shall pay all costs of the initial testing and confirmation testing for drugs required by the employer. A confirmation test must be conducted automatically if the initial test is positive. The prospective employee, if he desires retesting in the manner provided by this chapter, shall pay the costs of retesting./
Amend further, by striking Section 8-10-90, page 3, beginning on line 18, and inserting:
/Section 8-10-90. If the initial drug test of the prospective employee is positive, the employer shall submit a portion of the sample taken for a confirmation test at an approved laboratory. If the results of the confirmation test also are positive, the overall testing may be considered positive by the employer. If the results of the confirmation test are negative, then the results of that test are considered invalid, and another test from a different sample must be conducted if the prospective employee desires. The employer in this event may give no consideration to the results of the first test when determining whether or not to hire the prospective employee./
Amend title to conform.
Rep. A. YOUNG explained the amendment.
The amendment was then adopted.
Rep. A. YOUNG explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3871 -- Reps. Limehouse, Harrell, Bailey, Seithel, Herdklotz, Cain, Sandifer, Hines, Fleming, Huff, Clyburn, Richardson, Keyserling, Fair, Tripp, Rice, R. Smith, Allison, Wells, Riser, Kirsh, Simrill, Wright and Knotts: A BILL TO AMEND SECTION 56-5-2510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING OUTSIDE OF A BUSINESS OR RESIDENTIAL DISTRICT, SO AS TO PERMIT A VEHICLE USED SOLELY FOR COLLECTING MUNICIPAL SOLID WASTE OR RECOVERED MATERIALS TO STOP OR STAND ON A ROAD, STREET, OR HIGHWAY TO COLLECT SOLID WASTE OR RECOVERED MATERIALS.
Rep. A. YOUNG explained the Bill.
S. 532 -- Senators J. Verne Smith, Drummond, Setzler, Leatherman, Giese, Reese, Lander, Elliott, Mescher, Martin, Alexander and Ryberg: A BILL TO AMEND SECTION 40-22-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL REGISTRATIONS AND FEES FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, SO AS TO AUTHORIZE THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS TO PROMULGATE REGULATIONS REQUIRING DEMONSTRATION OF COMPETENCE FOR REGISTRATION RENEWAL.
Rep. ELLIOTT explained the Bill.
The following Bill was taken up.
H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\), which was adopted.
Amend the bill, as and if amended, by striking SECTION 3 and inserting:
/SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. GAMBLE 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.
H. 3201 -- Rep. Simrill: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE AND TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE 1976 CODE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7416BDW.95), which was adopted.
Amend the bill, as and if amended by striking all after the enacting words and inserting:
/SECTION 1. Section 44-95-20 of the 1976 Code, as last amended by Act 289 of 1994, is further amended to read:
"Section 44-95-20. It is unlawful for any a person to smoke, or possess lighted smoking material in any form, in the following public indoor areas except where a smoking area is designated as provided for herein in this chapter:
(1) public schools, including and preschools where routine or regular kindergarten, elementary, or secondary educational classes are held including libraries. except in enclosed Private offices and teacher lounges which are not adjacent to classrooms or libraries are excluded. However, this exclusion does not apply if the offices and lounges are included specifically in a directive by the local school board;
(2) all other indoor facilities providing children's services to the extent that smoking is prohibited in the facility by federal law and all other child day care facilities, as defined in Section 20-7-2700, which are licensed pursuant to Subarticle 11, Article 13, Chapter 7, of Title 20;
(3) health care facilities as defined in Section 44-7-130 of the 1976 Code, except where smoking areas are designated in employee break areas. No section of However, nothing in this chapter shall prohibit prohibits or preclude precludes a health care facility from being smoke free;
(4) government buildings, (except health care facilities as provided for herein) in this section, except that smoking shall may be allowed in enclosed private offices and designated areas of employee break areas; provided that. However, smoking policies in the State Capitol and Legislative Office Buildings shall must be determined by the office of government having control over that its respective area of the buildings. 'Government buildings' shall mean means buildings or portions thereof of buildings which are leased or operated under the control of the State or any of its political subdivisions, except those buildings or portions thereof of buildings which are leased to other organizations or corporations;
(5) elevators;
(6) public transportation vehicles, except for taxicabs; and
(7) arenas and auditoriums of public theaters or public performing art centers; except that. However, smoking areas may be designated in foyers, lobbies, or other common areas;, and smoking is permitted as part of a legitimate theatrical performance."
SECTION 2. The 1976 Code is amended by adding:
"Section 16-17-501. As used in this section and Sections 16-17-502, 16-17-503, and 16-17-504:
(1) 'Distribute' means to sell, furnish, give, or provide tobacco products, including tobacco product samples, cigarette paper, or a substitute for them, to the ultimate consumer.
(2) 'Proof of age' means a driver's license or other documentary or written evidence that the individual is eighteen years of age or older.
(3) 'Sample' means a tobacco product distributed to members of the general public at no cost for the purpose of promoting the products.
(4) 'Sampling' means the distribution of samples to members of the general public in a public place.
(5) 'Tobacco product' means a product that contains tobacco and is intended for human consumption.
Section 16-17-502. (A) It is unlawful for a person to distribute a tobacco product sample to a person under the age of eighteen years.
(B) A person engaged in sampling shall demand proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that the prospective recipient may be under the age of eighteen years.
(C) A person violating this section is subject to a civil penalty of not less than one hundred dollars. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section.
Section 16-17-503. (A) The Director of the Department of Revenue and Taxation shall provide for the enforcement of Section 16-17-500 in a manner that reasonably may be expected to reduce the extent to which tobacco products are sold or distributed to persons under the age of eighteen years and annually shall conduct random, unannounced inspections at locations where tobacco products are sold or distributed to ensure compliance with the section. The department shall designate an enforcement officer to conduct the annual inspections. Penalties collected pursuant to Section 16-17-500 must be used to offset the costs of enforcement.
(B) Persons under the age of eighteen years may be enlisted by the director or his employees or designees to test compliance with Section 6-17-500. However, these persons may be used only if the testing is conducted under the direct supervision of the director or his employees or designees and written parental consent is provided. Other use of persons under the age of eighteen years to test compliance with the section or similar prohibitions is unlawful, and the person responsible for the use is subject to a civil penalty of not less than one hundred dollars.
(C) The director shall provide for the preparation of and submission annually to the Secretary of the United States Department of Health and Human Services the report required by Section 1926 of the federal Public Health Service Act (42 U.S.C. 300x-26) and otherwise is responsible for ensuring the state's compliance with that provision of federal law and implementing regulations promulgated by the United States Department of Health and Human Services.
Section 16-17-504. (A) Sections 16-17-500, 16-17-502, and 16-17-503 must be implemented in an equitable and uniform manner throughout the State and enforced to ensure the eligibility for and receipt of federal funds or grants the State receives or may receive relating to the sections. To ensure that the sections are enforced equitably and uniformly, a county, or municipality, a department, board, or an agency of a county or municipality, or a political subdivision or agency of the State may not enact laws, ordinances, or rules regulating the sale, use, display, distribution, and promotion of tobacco products other than in governmental buildings as defined in Section 44-95-20(4). Any laws, ordinances, or rules enacted may not supersede state law or regulation.
(B) A government entity is exempt from subsection (A) if it had a nonsmoking policy in effect before August 1, 1990."
SECTION 3. Act 503 of 1990, the Clean Indoor Air Act of 1990, is designated Chapter 95 of Title 44 of the 1976 Code, entitled the "Clean Indoor Air Act of 1990", and the various sections of that act are designated sections of the 1976 Code as follows:
Section 1. Section 44-95-10;
Section 2. Section 44-95-20;
Section 3. Section 44-95-30;
Section 4. Section 44-95-40;
Section 5. Section 44-95-50;
Section 6. Section 44-95-60.
SECTION 4. This act takes effect upon approval by the Governor, except Section 16-17-503 of the 1976 Code which takes effect when funds are appropriated by the General Assembly to implement its provisions./
Amend title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted by a division vote of 38 to 34.
Reps. SIMRILL and EASTERDAY proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PFM\7428BDW.95), which was tabled.
Amend the bill, as and if amended, by striking Section 16-17-504(B), page 3201-4, beginning on Line 4, and inserting:
/(B) Nonsmoking policies in effect on the effective date of this section are exempt from the requirements of subsection (A)./
Amend title to conform.
Rep. SIMRILL explained the amendment.
Rep. SHARPE spoke against the amendment and moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Brown, G. Brown, J. Brown, T. Byrd Cain Cato Chamblee Cobb-Hunter Cromer Davenport Delleney Elliott Fair Felder Fulmer Gamble Hallman Harris, J. Harvin Harwell Herdklotz Hines Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Knotts Koon Lloyd Marchbanks Martin McCraw McElveen McKay McTeer Meacham Moody-Lawrence Neal Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Sharpe Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Williams Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Allison Anderson Boan Breeland Cave Clyburn Cotty Dantzler Easterday Harrell Harrison Haskins Howard Jaskwhich Limehouse Littlejohn Mason McMahand Phillips Rogers Seithel Sheheen Shissias Simrill Smith, D. Tucker Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
Rep. HERDKLOTZ proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\PFM\7424BDW.95), which was adopted.
Amend the bill, as and if amended, by striking Section 16-17-504(B), page 3201-4, beginning on line 4, and inserting:
/(B) Smoking ordinances in effect before August 1, 1990, are exempt from the requirements of subsection (A)./
Amend title to conform.
Rep. HERDKLOTZ explained the amendment.
The amendment was then adopted.
Reps. KIRSH, SIMRILL, NEAL, WALKER, ELLIOTT, RHOAD, TROTTER and McMAHAND objected to the Bill.
The following Bill was taken up.
H. 3809 -- Reps. Witherspoon, Keegan, Kelley and Koon: A BILL TO AMEND SECTION 50-11-1920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO AUTHORIZE THE SALE UNDER CERTAIN CONDITIONS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7417BDW.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-11-1920 of the 1976 Code, as amended by Section 1262, Act 181 of 1993, is further amended to read:
"Section 50-11-1920. (A) The proprietor of any an eating establishment who sells may sell or offers offer for sale venison only if the venison is non-native from farm-raised deer and is processed through a government-approved facility. Before selling venison or offering it for sale, the eating establishment shall obtain a permit from the department at no cost. The eating establishment shall maintain adequate records to provide officials of the department information as to the source of the venison.
(B) The sale of whitetail deer, wild or farm-raised, is prohibited.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as for a violation of Section 50-11-1910.
(D) The provisions of this section do not apply to private functions unless the private function is catered by an eating establishment or catering company for a fee."/
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4168 -- Reps. R. Smith, Sharpe, Clyburn, Mason and Huff: A HOUSE RESOLUTION RECOGNIZING AND SALUTING "HERITAGE DAY CELEBRATION" AT REDCLIFF PLANTATION IN AIKEN COUNTY, MAY 27, 1995.
The Resolution was adopted.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3867 -- Reps. Limehouse, Hutson, Rhoad, Riser and Witherspoon: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST TAKING STRIPED BASS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE LENGTH OF THE STRIPED BASS PROHIBITION AND THE RESTRICTED AREA IN THE SANTEE RIVER AND PROVIDE FOR A RESTRICTION IN THE TAILRACE CANAL AND THE COOPER AND WANDO RIVERS.
Rep. LIMEHOUSE explained the Bill.
H. 3878 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WHITE PERCH, SO AS TO DELETE THE REQUIREMENT THAT ONLY FRESH FISH ON ICE WITH AN INVOICE NOT OVER TWO WEEKS OLD MAY BE SOLD, THE PROHIBITION ON THE SALE OF FROZEN FISH, AND THE DATES THE FISH MAY BE SOLD.
Rep. WITHERSPOON explained the Bill.
H. 3897 -- Rep. Sharpe: A BILL TO REPEAL SECTIONS 50-17-230 AND 50-17-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONRESIDENT AND RESIDENT GIGGING LICENSES IN GAME ZONE 11.
Rep. WITHERSPOON explained the Bill.
S. 534 -- Finance Committee: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO PERMIT A MUNICIPAL GOVERNING BODY TO EXEMPT FROM MUNICIPAL AD VALOREM TAXES FOR NOT MORE THAN FIVE YEARS ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, AND ADDITIONS TO SUCH FACILITIES LOCATED IN THE MUNICIPALITY, AND TO AUTHORIZE A SIMILAR EXEMPTION FOR ALL NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND ADDITIONS TO SUCH ENTERPRISES LOCATED IN THE MUNICIPALITY AND TO PROVIDE THAT THESE EXEMPTIONS ARE SUBJECT TO THOSE TERMS AND CONDITIONS THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Rep. H. BROWN explained the Bill.
S. 548 -- Senators Waldrep, Courtney, Wilson, Martin, O'Dell, Moore, Courson, Hayes and Stilwell: A BILL TO AMEND SECTION 12-7-1260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING EXPENDITURES FOR THE CHILD CARE CREDIT, SO AS TO INCLUDE DONATIONS TO NONPROFIT CORPORATIONS FOR PURPOSES OF ESTABLISHING A CHILD CARE PROGRAM.
Rep. ROBINSON explained the Bill.
S. 645 -- Senators Drummond and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1970, 9-8-240, 9-9-240, AND 9-11-350 SO AS TO CONFORM THE COMPENSATION OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, GENERAL ASSEMBLY RETIREMENT SYSTEM, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TAKEN INTO ACCOUNT FOR PURPOSES OF CALCULATING BENEFITS TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTIONS.
Rep. BOAN explained the Bill.
The following Bill was taken up.
H. 3898 -- Rep. Sharpe: A BILL TO AMEND SECTION 50-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE THE REQUIREMENT THAT APPLICATIONS FOR CERTIFICATES BE SWORN TO BEFORE NOTARY PUBLICS OR OTHER APPROPRIATE PERSONS.
Rep. WITHERSPOON explained the Bill.
Rep. ROBINSON moved to adjourn debate upon the Bill until Tuesday, May 2, which was adopted by a division vote of 42 to 28.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, April 27, which was adopted.
H. 3427 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 1-23-610, RELATING TO JUDICIAL REVIEW OF DECISIONS OF ADMINISTRATIVE LAW JUDGES, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR SUCH A REVIEW AND FOR WHEN SUCH A JUDICIAL REVIEW IS AUTHORIZED.
The following Bill was taken up.
H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.
Reps. WRIGHT, COTTY, QUINN, HARRISON, ANDERSON, McMAHAND, BREELAND, CAVE, NEAL, SCOTT, WILLIAMS, WITHERSPOON, CLYBURN, HINES, MARCHBANKS, HERDKLOTZ, KEEGAN, KELLEY, WILKES and DAVENPORT objected to the Bill.
The SPEAKER Pro Tempore granted Rep. WELLS a leave of absence for the remainder of the day.
The following Bill was taken up.
S. 533 -- Finance Committee: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A GOVERNING BODY OF A MUNICIPALITY BY ORDINANCE TO EXEMPT FROM MUNICIPAL AD VALOREM TAX FOR NOT MORE THAN FIVE YEARS PROPERTY LOCATED IN THE MUNICIPALITY RECEIVING THE FIVE-YEAR EXEMPTION FROM COUNTY AD VALOREM TAXES AS NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, RESEARCH AND DEVELOPMENT FACILITIES, AND ADDITIONS TO SUCH FACILITIES, AND TO PROVIDE THAT THIS EXEMPTION FIRST IS ALLOWED WHEN THE STATE CONSTITUTION IS AMENDED SO AS TO AUTHORIZE THE EXEMPTION.
Rep. KEYSERLING proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5871HTC.95), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. A. The paragraph preceding the schedule contained in Section 12-37-930 of the 1976 Code is amended to read:
"All property shall must be valued for taxation at its true value in money which in all cases shall be held to be is the price which the property would bring following reasonable exposure to the market, where both the seller and the buyer are willing, are not acting under compulsion, and are reasonably well informed as to of the uses and purposes for which it is adapted and for which it is capable of being used. The fair market value for motor vehicles licensed by the Department of Revenue and Taxation must be based on values derived from a nationally recognized publication of vehicle valuations, except that the value may not exceed ninety-five percent of the prior year's value. Provided, However, that acreage allotments or marketing quota allotments for any a commodity as established under any a program of the United States Department of Agriculture shall be is classified as incorporeal hereditaments and the market value of any real property to which they are attached shall may not include the value, if any, of such the acreage allotment or marketing quota. Provided, further, Fair market value of manufacturer's machinery and equipment used in the conduct of the manufacturing business, excluding, however, vehicles licensed by the Highway Department of Transportation, boats and airplanes shall must be determined by reducing the original cost by an annual allowance for depreciation as stated in the following schedule."
B. This section takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. KEYSERLING explained the amendment.
The amendment was then adopted.
Reps. FULMER, ROBINSON, A. YOUNG, HALLMAN, SEITHEL, HARRELL, MARCHBANKS, LIMEHOUSE, CATO and D. SMITH proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PFM\7431AC.95), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 12-37-220 of the 1976 Code, as last amended by Part II, Sections 77 and 100 of Act 497 of 1994, is further amended by adding at the end:
"(C) The five-year partial exemption allowed pursuant to subsections (A)(7) and (B)(32) is extended to an unrelated purchaser who acquires the facilities in an arms-length transaction and who preserves the existing facilities and jobs. The partial exemption applies for the purchaser for five years if the purchaser otherwise meets the exemption requirements."/
Renumber sections to conform.
Amend title to conform.
Rep. FULMER explained the amendment.
The amendment was then adopted.
Rep. FULMER moved to adjourn debate upon the Bill until Tuesday, May 2, which was adopted.
The following Bill was taken up.
H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser, Dantzler, Richardson, J. Young, Seithel and Bailey: A BILL TO AMEND SECTIONS 23-3-400, 23-3-420, AND 23-3-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR PUBLIC NOTIFICATION WHEN A SEX OFFENDER RESIDES OR INTENDS TO RESIDE IN A COMMUNITY, AND REQUIRE THE SHERIFF OF THE COUNTY WHERE THE OFFENDER INTENDS TO RESIDE OR IS RESIDING TO RELEASE THIS INFORMATION TO THE PUBLIC; AND TO REPEAL SECTION 23-3-490 RELATING TO THE CONFIDENTIALITY OF INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3945CM.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 23-3-465. (A) The posting requirement contained in Sections 23-3-440 and 23-3-460 lasts for three years from the date an offender's name is placed on the registry.
(B) A sheriff's failure to post an offender's name and other identifying information pursuant to Section 23-3-440 or Section 23-3-460 shall not result in civil liability of the sheriff or the sheriff's department for the omission of this responsibility."
SECTION 2. Section 23-3-400 of the 1976 Code, as added by Section 112, Act 497 of 1994, is amended to read:
"Section 23-3-400. The intent of this article is to promote the state's fundamental right to provide for public health, welfare, and safety of its citizens. Notwithstanding this legitimate state purpose, these provisions are not intended to violate the guaranteed constitutional rights of those who have violated our nation's laws.
The sex offender registry will provide law enforcement with the tools needed in investigating criminal offenses and provide public notification when a sex offender is residing or intends to reside in a community. Statistics show that sex offenders often pose a high risk of re-offending. Additionally, law enforcement's efforts to protect communities, conduct investigations, and apprehend offenders who commit sex offenses, are impaired by the lack of information about these convicted offenders who live within the law enforcement agency's jurisdiction."
SECTION 3. Section 23-3-420 of the 1976 Code, as added by Section 112, Act 497 of 1994, is amended to read:
"Section 23-3-420. The State Law Enforcement Division shall promulgate regulations prescribing:
(1) procedures for accepting and disseminating information maintained;
(2) the confidentiality of the data and information maintained in the registry;
(3) the proper disposition of all obsolete data;
(4)(3) forms necessary for the efficient and proper operation of the registry."
SECTION 4. Section 23-3-430 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 23-3-430. (A) Any A person, regardless of age, residing in the State of South Carolina who has been convicted in this State, or who has been convicted in any a comparable court in the United States, or who has been convicted in the United States federal courts, of the offenses described below or of similar offenses in other jurisdictions shall be is required to register pursuant to the provisions of this article. For purposes of this article, a person convicted of any of these offenses shall must be referred to as an offender.:
(1) criminal sexual conduct in the first degree (Section 16-3-652);
(2) criminal sexual conduct in the second degree (Section 16-3-653). If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct where the victim was younger than the actor, as contained in Section 16-3-655(3), the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
(3) criminal sexual conduct in the third degree (Section 16-3-654);
(4) criminal sexual conduct with minors (Section 16-3-655);
(5) engaging a child for sexual performance (Section 16-3-810);
(6) producing, directing or promoting sexual performance by a child (Section 16-3-820);
(7) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(8) kidnapping (Section 16-3-910);
(9) incest (Section 16-15-20);
(10) buggery (Section 16-15-120);
(11) indecent exposure (Section 16-15-130)
(12) committing or attempting lewd act upon child under fourteen (Section 16-15-140);
(13)(12) eavesdropping or peeping (Section 16-17-470);
(14)(13) conspiracy to kidnap (Section 16-3-920);
(15)(14) violations of Article 3, Chapter 15 of Title 16 involving a minor which violations are felonies.
(B) A person, regardless of age, residing in the State of South Carolina who has been convicted in this State, or who has been convicted in a comparable court in the United States, or who has been convicted in the United States federal courts of indecent exposure pursuant to Section 16-15-130 or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court makes a specific finding on the record that based on the circumstances of the case the convicted person is an offender."
SECTION 5. Section 23-3-440 of the 1976 Code, as added by Section 112, Act 497 of 1994, is amended to read:
"Section 23-3-440. (1) Prior to Before an offender's release offender may be released from the Department of Corrections after completion of the term of imprisonment, or being placed on parole, the Department of Corrections or the Department of Probation, Parole, and Pardon Services, as applicable, shall notify the sheriff of the county where the offender intends to reside and SLED that the offender is being released and has provided an address within the jurisdiction of the sheriff for that county. Within forty-five days after receiving notification from the department, the sheriff must post the name, picture identification, date of birth, and address of the sex offender in a publicly accessible location in his office and, in the sheriff's discretion, in other public locations. The Department of Corrections shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside within twenty-four hours of his release. Further, the Department of Corrections shall obtain descriptive information of the offender, including a current photograph prior to before release.
(2) The Department of Probation, Parole, and Pardon Services shall notify SLED and the sheriff of the county where an offender is residing when the offender is sentenced to probation or is a new resident of the State who must be supervised by the department. Within forty-five days after receiving notification from the department, the sheriff must post the name, picture identification, date of birth, and address of the sex offender in a publicly accessible location in his office and, in the sheriff's discretion, in other public locations. The Department of Probation, Parole, and Pardon Services also shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside. An offender who is sentenced to probation must register within ten days of sentencing. Further, the Department of Probation, Parole, and Pardon Services shall obtain descriptive information of the offender, including a current photograph that is to be updated annually prior before expiration of the probation sentence.
(3) The Department of Juvenile Justice shall notify SLED and the sheriff of the county where an offender is residing when the offender is released from a Department of Juvenile Justice facility or when the Department of Juvenile Justice is required to supervise the actions of the juvenile. Subject to the limitations of Section 20-7-780 and within forty-five days after receiving notification from the department, the sheriff must post the name, picture identification, date of birth, and address of the sex offender in a publicly accessible location in his office and, in the sheriff's discretion, in other public locations. The Department of Juvenile Justice must shall provide verbal and written notification to the juvenile and his parent, legal guardian, or custodian that the juvenile must register with the sheriff of the county in which the juvenile resides. The juvenile must register within twenty-four hours of his release or within ten days if he was not confined to a Department of Juvenile Justice's facility.
(4) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender prior to before his release from imprisonment or relief of supervision. This information shall must be collected in the event the offender fails to register with his county sheriff."
SECTION 6. Section 23-3-460 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 23-3-460. (A) Any A person required to register under this article shall be is required to register annually for a period of life. The offender shall register at the sheriff's department in the county where he resides.
(B) If any a person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence.
(C) If any a person required to register under this section changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The county sheriff in the offender's new county of residence immediately shall post the offender's name, picture identification, date of birth, and address in a publicly accessible location in his office and, in the sheriff's discretion, in other public locations. The person must also shall provide written notice within ten days of the change of address in the previous county to the county sheriff with whom the person last registered. Once the notice is received, the county sheriff in the county the offender previously resided in shall cease posting the offender's name and other identifying information.
(D) If any a person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered. Once the notice is received, the county sheriff shall cease posting the offender's name and other identifying information.
(E) If any a person required to register under this article moves to South Carolina from another state and is not under the jurisdiction of the State Department of Corrections, the State Department of Probation, Parole, and Parole Pardon Services, or the Department of Juvenile Justice at the time of moving to South Carolina, he must register within sixty days of establishing residence, or re-establishing residence, if the person is a former South Carolina resident. The county sheriff in the county the offender is residing immediately shall post the name, picture identification, date of birth, and address of the offender in a publicly accessible location in his office and, in the sheriff's discretion, in other public locations.
(F) The South Carolina Department of Motor Vehicles Transportation shall inform in writing to any a new resident who applies for a drivers license, a chauffeur's license, vehicle tag, or a state identification card the obligation of those offenders an offender to register."
SECTION 7. Section 23-3-490 of the 1976 Code is repealed.
SECTION 8. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
Reps. KNOTTS, LIMEHOUSE and SIMRILL proposed the following Amendment No. 3.
3300-4 after locations on line 2 to read: Sheriff or local authority must notify local media with the offender's name, picture I.D., date of birth, and address of the sex offender.
Rep. SIMRILL explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 3.
Rep. ROBINSON moved that the House recur to the morning hour, which was agreed to.
Rep. SCOTT moved that the House do now adjourn.
Rep. WOFFORD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Littlejohn McMahand Rice Scott Whipper, S.
Those who voted in the negative are:
Askins Baxley Boan Brown, H. Cain Carnell Cato Chamblee Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harwell Haskins Herdklotz Hodges Huff Hutson Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Limbaugh Limehouse Marchbanks Mason McAbee McKay McTeer Meacham Neilson Quinn Rhoad Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Walker Whatley Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
So, the House refused to adjourn.
The Senate sent to the House the following:
S. 787 -- Senators Rose, Alexander, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS TO THE PEOPLE OF OUR SISTER STATE OF OKLAHOMA THE HEARTFELT SYMPATHY OF THE PEOPLE OF SOUTH CAROLINA OVER THE TRAGIC LOSS OF LIFE AND TO OFFER OUR PRAYERS AND CONDOLENCES.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
S. 73 -- Senators McConnell and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF ONE YEAR MAY BE A VOLUNTARY OR INVOLUNTARY SEPARATION.
Referred to Committee on Judiciary.
S. 82 -- Senators McConnell, Rose and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BAIL, CRUEL, UNUSUAL AND CORPORAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE FOR THE OFFENSES FOR WHICH AND THE CIRCUMSTANCES UNDER WHICH BAIL MAY BE DENIED.
Referred to Committee on Judiciary.
S. 92 -- Senators McConnell, Rose, Elliott and Wilson: A BILL TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELEASE OF A NONCAPITAL OFFENDER ON HIS OWN RECOGNIZANCE, SO AS TO PROVIDE FOR THE OFFENSES FOR WHICH AND THE CIRCUMSTANCES UNDER WHICH BAIL MAY BE DENIED AND TO DEFINE VIOLENT CRIMES.
Referred to Committee on Judiciary.
S. 767 -- Senators Matthews and Williams: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY ROAD S-38-1840 IN ORANGEBURG COUNTY BETWEEN THE GATES AT EITHER END OF THE ORANGEBURG-WILKINSON HIGH SCHOOL.
On motion of Rep. COBB-HUNTER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3.
H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser, Dantzler, Richardson, J. Young, Seithel and Bailey: A BILL TO AMEND SECTIONS 23-3-400, 23-3-420, AND 23-3-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR PUBLIC NOTIFICATION WHEN A SEX OFFENDER RESIDES OR INTENDS TO RESIDE IN A COMMUNITY, AND REQUIRE THE SHERIFF OF THE COUNTY WHERE THE OFFENDER INTENDS TO RESIDE OR IS RESIDING TO RELEASE THIS INFORMATION TO THE PUBLIC; AND TO REPEAL SECTION 23-3-490 RELATING TO THE CONFIDENTIALITY OF INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY.
Debate was resumed on Amendment No. 3, by Reps. KNOTTS, SIMRILL and LIMEHOUSE.
Rep. MARTIN moved to table the amendment, which was agreed to.
The Bill was read the second time and ordered to third reading.
Rep. CHAMBLEE moved that the House recede until 2:30 P.M., which was adopted.
At 2:30 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
The question of a quorum was raised. A quorum was later present.
The following Bill was taken up.
H. 3380 -- Reps. Lanford, Wilkins, Hallman, Koon, Mason, Sandifer, Simrill, Wright, Cain, Allison, Wells, Walker, A. Young, McCraw, Hines, Cato, Inabinett, Breeland, Herdklotz, S. Whipper, Davenport and Beatty: A BILL TO AMEND SECTION 20-7-2205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST COMMITTING A STATUS OFFENDER TO THE CUSTODY OF A CORRECTIONAL INSTITUTION OR SECURE EVALUATION CENTER OPERATED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT SUCH COMMITMENT MAY BE MADE TO A SECURE EVALUATION CENTER FOR AN INDETERMINATE PERIOD NOT TO EXCEED FORTY-FIVE DAYS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5829AC.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-7-2205 of the 1976 Code, as last amended by an act of 1995 bearing ratification number 585 of 1994, is further amended to read:
"Section 20-7-2205. Notwithstanding Section 20-7-2170, a child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, including a child who has been found in contempt of court for violation of a court order related to the violation or misconduct or a child who violates the conditions of probation for an offense, must not may be committed to the custody of a secure correctional institution operated by the Department of Juvenile Justice or to secure evaluation centers operated by the department for a determinate period not to exceed ninety days and without first temporarily committing the child to an evaluation center; however, the department may conduct any evaluation it considers necessary. A child committed under this section may not be confined with a child who has been adjudicated delinquent for committing a violent crime as defined in Section 16-1-60."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. MARTIN explained the amendment.
Rep. MARTIN continued speaking.
The SPEAKER granted Reps. McELVEEN and KENNEDY a leave of absence.
Rep. MARTIN continued speaking.
Rep. KIRSH raised the Point of Order that the Bill was out of order in compliance with Rule 4.4 which states that no statewide bill directly appropriating money shall be considered by the House until after such bill has been referred to the Ways and Means Committee.
The SPEAKER stated that it did not directly appropriate money and he overruled the Point of Order.
Rep. LANFORD spoke in favor of the amendment.
The amendment was then adopted.
Rep. ROGERS spoke against the Bill.
Reps. MOODY-LAWRENCE, NEAL, ROGERS, COBB-HUNTER and HOWARD objected to the Bill.
The SPEAKER granted Rep. WILKES a temporary leave of absence.
The following Bill was taken up.
H. 4136 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL; AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT.
Rep. JENNINGS explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill.
Rep. HUFF moved that the House recur to the morning hour, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 1862
Promulgated By Commissioners of Pilotage
Port of Charleston - Harbor Pilots
Received By Speaker
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date March 30, 1996
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 230 -- Senators Richter, Leventis, Rose, Rankin and Passailaigue: A BILL TO AMEND SECTION 24-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW OF A PRISONER'S CASE FOR PAROLE, SO AS TO PROVIDE THAT AFTER A SECOND NEGATIVE DETERMINATION, THE PRISONER'S CASE SUBSEQUENTLY SHALL BE REVIEWED AT DATES DETERMINED BY THE BOARD, WHICH MAY BE MORE THAN TWELVE MONTHS AFTER A PREVIOUS NEGATIVE DETERMINATION.
Referred to Committee on Judiciary.
S. 264 -- Senators Stilwell, Moore, Rose and Jackson: A BILL TO AMEND SECTION 1-3-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR FILLING VACANCIES IN AN OFFICE OF THE EXECUTIVE DEPARTMENT BY APPOINTMENT UNDER CERTAIN CONDITIONS, SO AS TO EXCLUDE THE OFFICE OF LIEUTENANT GOVERNOR BECAUSE THE MANNER IN WHICH VACANCIES IN THIS OFFICE ARE FILLED ARE PROVIDED FOR IN OTHER PROVISIONS OF LAW; SECTION 1-3-240, AS AMENDED, RELATING TO THE REMOVAL OF STATE AND COUNTY OFFICERS, BY THE GOVERNOR, SO AS TO REVISE A REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION AND ITS COMMISSION; SECTION 1-7-920, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO CORRECT A REFERENCE TO A REPRESENTATIVE ON THE COMMISSION FROM THE DEPARTMENT OF PUBLIC SAFETY; SECTION 1-7-940, RELATING TO THE DUTIES OF THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO REQUIRE THE COMMISSION TO PROVIDE TRAINING FOR VICTIM/WITNESS ASSISTANCE UNITS WITHIN THE SOLICITORS' OFFICES; SECTION 1-11-310, AS AMENDED, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 1-19-60, RELATING TO THE COMPOSITION OF THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE THAT ONE OF THE GUBERNATORIAL APPOINTEES MAY BE THE DIRECTOR OF THE DEPARTMENT OF COMMERCE OR HIS DESIGNEE RATHER THAN A MEMBER OF THE STATE DEVELOPMENT BOARD; SECTION 1-23-10, RELATING TO DEFINITIONS UNDER THE STATE REGISTER AND CODE OF REGULATIONS, SO AS TO PROVIDE THAT THE DEFINITION OF "REGULATION" DOES NOT INCLUDE RULES OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 1-23-111, RELATING TO THE PROCESS FOR PROMULGATING REGULATIONS, SO AS TO AUTHORIZE THE CHAIRMAN OF THE BOARD OF A DEPARTMENT TO DESIGNATE A MEMBER OF THE BOARD TO PRESIDE DURING SUCH HEARINGS; SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEDURES UNDER THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALL DECISIONS OF THE DEPARTMENT OF REVENUE MUST BE MADE PUBLIC EXCEPT WHERE REDACTED COPIES ARE WARRANTED AND TO CLARIFY THE TYPES OF HEARINGS OVER WHICH ADMINISTRATIVE LAW JUDGES SHALL PRESIDE; SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CORRECT A REFERENCE TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 1-30-25, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 1-30-35, RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 1-30-85, RELATING TO THE DEPARTMENT OF PROBATION, PARDON AND PAROLE, SO AS TO CORRECT THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; TO AMEND SECTION 2-7-73, AS AMENDED, RELATING TO LEGISLATIVE ENACTMENTS AND THE REQUIREMENT THAT BILLS AND RESOLUTIONS MANDATING HEALTH INSURANCE COVERAGE MUST HAVE FISCAL IMPACT STATEMENTS, SO AS TO DELETE CERTAIN LANGUAGE WHICH PREVIOUSLY REFERRED TO THE FORMER "CHIEF INSURANCE COMMISSIONER"; SECTION 2-13-190, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE ANNUAL ACTS AND JOINT RESOLUTIONS OF THE GENERAL ASSEMBLY, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE ACTS AND JOINT RESOLUTIONS ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE CODES ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-19-10, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO REFER TO AN EXCEPTION CONTAINED IN THE RESTRUCTURING ACT PERTAINING TO THE ELECTION OF MEMBERS OF THE PUBLIC SERVICE COMMISSION; SECTION 4-10-25, AS AMENDED, RELATING TO THE EXEMPTION OF GROSS PROCEEDS OF SALES OF TANGIBLE PERSONAL PROPERTY FROM THE LOCAL SALES AND USE TAX, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-60, AS AMENDED, RELATING TO THE WITHHOLDINGS FROM THE AMOUNT OF SALES AND USE TAX COLLECTED BY COUNTIES, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-65, RELATING TO THE DISTRIBUTION OF UNIDENTIFIED LOCAL SALES AND TAX REVENUES, SO AS TO CHANGE A REFERENCE TO TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-80, AS AMENDED, RELATING TO REPORTS OF THE TOTAL AMOUNT OF REVENUE COLLECTED FROM THE LOCAL SALES AND USE TAX, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-10-90, AS AMENDED, RELATING TO ADMINISTRATION OF THE LOCAL SALES AND USE TAX BY THE DEPARTMENT OF REVENUE, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE REQUIRED IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-29-69, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 6-19-30, RELATING TO AN ADVISORY COMMITTEE FOR STATE WATER AND SEWER AUTHORITY GRANTS, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO DELETE OBSOLETE LANGUAGE; SECTION 9-1-1535, RELATING TO RETIREMENT OF WILDLIFE CONSERVATION OFFICERS, SO AS TO REVISE THE NAMES OF THE OFFICERS, THE LAW ENFORCEMENT SECTION, AND THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 10-1-100, RELATING TO REQUIREMENTS IN STATE CONTRACTS FOR APPLICABLE POLLUTION PREVENTION AND NATURAL RESOURCE PROTECTION REQUIREMENTS, SO AS TO CONFORM A REFERENCE TO THE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 11-9-825, AS AMENDED, RELATING TO ADDITIONAL STAFF FOR THE BOARD OF ECONOMIC ADVISORS, SO AS TO CONFORM THE REFERENCE TO THE CHAIRMAN OF THE DEPARTMENT OF REVENUE TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE FEBRUARY 1, 1995; SECTION 11-35-1520, AS AMENDED, RELATING TO COMPETITIVE SEALED BIDS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 12-4-15, RELATING TO THE DIVISIONS OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE THE STATUTORY DIVISIONS; SECTION 12-4-30, AS AMENDED, RELATING TO THE COMMISSIONERS OF THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE REQUIREMENTS FOR THE DEPARTMENT'S DIRECTOR; TO AMEND SECTIONS 12-4-40, 12-4-50, 12-4-60, AND 12-4-70, AS AMENDED, RELATING TO THE TAX COMMISSION, SO AS TO REVISE REFERENCES TO THE COMMISSIONER AND COMMISSION; SECTION 12-4-340, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT WITH A COLLECTION AGENCY TO COLLECT DELINQUENT TAXES, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; SECTION 12-4-760, RELATING TO APPEALS FROM THE TAX COMMISSION TO THE TAX BOARD OF REVIEW, SO AS TO CHANGE REFERENCES OF THE TAX COMMISSION TO THE ADMINISTRATIVE LAW JUDGE DIVISION AND CHANGE REFERENCES TO THE TAX BOARD OF REVIEW TO THE CIRCUIT COURT; SECTION 12-21-2423, AS AMENDED, RELATING TO THE TEMPORARY DEDICATION OF A PORTION OF ADMISSIONS TAX REVENUES TO THE DEVELOPMENT OF MAJOR TOURISM OR RECREATION FACILITY, SO AS TO CONFORM REFERENCES TO VARIOUS STATE AGENCIES TO THE RESTRUCTURING ACT AND TO DELETE ADVISORY FROM THE NAME OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 12-21-2720, AS AMENDED, RELATING TO FEES FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO CONFORM REFERENCES TO TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-21-2738, AS AMENDED, RELATING TO THE PENALTIES FOR VIOLATION OF THE COIN-OPERATED DEVICE LICENSING LAWS, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; ARTICLE 20, CHAPTER 21, TITLE 12, THE VIDEO GAME MACHINES ACT, SO AS TO CONFORM REFERENCES IN THE ARTICLE TO THE SOUTH CAROLINA TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTIONS 12-21-5020, 12-21-5030, 12-21-5040, 12-21-6010, 12-21-6040, AND 12-21-6050, RELATING TO THE MARIJUANA AND CONTROLLED SUBSTANCE TAX ACT, SO AS TO CHANGE REFERENCES TO THE TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-27-390, AS AMENDED, RELATING TO THE DISTRIBUTION TO COUNTIES OF A PORTION OF GASOLINE TAXES THROUGH THE WATER RECREATIONAL RESOURCES FUND, SO AS TO CHANGE REFERENCES TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE JULY 1, 1994; SECTION 12-27-400, AS AMENDED, RELATING TO THE USE OF "C" FUNDS, SO AS TO CONFORM REFERENCES TO STATE AGENCIES TO THE RESTRUCTURING ACT; SECTION 12-27-1270, AS AMENDED, RELATING TO THE PORTION OF THE SHIMS GASOLINE TAX REVENUES SET ASIDE IN THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO CONFORM THE REFERENCE TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO THE APPROPRIATE DIVISION OF THE DEPARTMENT OF COMMERCE AND TO DELETE AN OBSOLETE PROVISION; SECTION 12-36-1710, AS AMENDED, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO REVISE THE REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION AND CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 12-36-2570, AS AMENDED, RELATING TO THE TIME OF PAYMENT OF SALES AND USE TAX, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 12-36-2610, AS AMENDED, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES TAX, SO AS TO CONFORM REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND THE DEPRECIATION SCHEDULE FOR MANUFACTURING MACHINERY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-37-2680, AS AMENDED, RELATING TO THE DETERMINATION OF ASSESSED VALUE OF A VEHICLE, SO AS TO PROVIDE THAT AN APPEAL MUST BE MADE TO THE ADMINISTRATIVE LAW JUDGE DIVISION WITHIN THIRTY DAYS OF THE BOARD'S DECISION AND TO FURTHER PROVIDE THAT APPEALS ARE CONFINED TO THE RECORD; SECTION 12-43-300, AS AMENDED, RELATING TO BOARD OF ASSESSMENT APPEALS, SO AS TO PROVIDE THAT ANY PROPERTY OWNER, HIS AGENT, OR THE ASSESSOR MAY APPEAL FROM THE FINDING OF THE BOARD UPON WRITTEN NOTICE TO THE ADMINISTRATIVE LAW JUDGE DIVISION WITHIN THIRTY DAYS FROM THE DATE OF THE BOARD'S FINDING AND TO FURTHER PROVIDE THAT APPEALS ARE CONFINED TO THE RECORD; SECTION 12-53-220, AS AMENDED, RELATING TO TAX COLLECTION AND POSTING OF BONDS FOR JEOPARDY ASSESSMENTS, SO AS TO CORRECTLY SET FORTH THE NAME OF THE DEPARTMENT OF INSURANCE OF SOUTH CAROLINA; SECTION 13-1-10, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO CHANGE THE DIVISION NAMES FROM DIVISION OF AERONAUTICS TO STATE AVIATION ADMINISTRATION AND FROM ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; ARTICLE 7, CHAPTER 1 OF TITLE 13, RELATING TO THE DIVISION OF AVIATION, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; ARTICLE 11 OF CHAPTER 1 OF TITLE 13, AS AMENDED, RELATING TO THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO DELETE ADVISORY FROM THE NAME OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 13-17-40, AS AMENDED, RELATING TO THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO CORRECT A REFERENCE TO THE FORMER CHAIRMAN OF THE STATE DEVELOPMENT BOARD; SECTION 15-9-410, AS AMENDED, RELATING TO PROVISIONS CONCERNING NONRESIDENT AIRCRAFT OPERATORS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AERONAUTICS ADMINISTRATION; SECTION 16-3-1120, AS AMENDED, RELATING TO THE DIRECTOR OF THE VICTIM'S COMPENSATION FUND, SO AS TO PROVIDE THAT THE DIRECTOR, AFTER CONSULTATION WITH THE CRIME VICTIM'S ADVISORY BOARD, MUST DEVELOP AND ADMINISTER A PLAN FOR INFORMING THE PUBLIC OF THE AVAILABLE BENEFITS; SECTION 16-3-1130, AS AMENDED, RELATING TO CLAIMS UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1140, AS AMENDED, RELATING TO APPEALS UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1150, AS AMENDED, RELATING TO EMERGENCY AWARDS UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1200, RELATING TO THE VICTIM'S COMPENSATION FUND AND THE CONDUCT OF A VICTIM OR INTERVENOR CONTRIBUTING TO INFLICTION OF INJURY, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1230, RELATING TO CLAIMS FILED IN BEHALF OF A MINOR OR INCOMPETENT UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1260, RELATING TO REIMBURSEMENT FOR PAYMENT FROM THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGE THE NAME OF CERTAIN DEPARTMENTS; SECTION 16-3-1300, AS AMENDED, RELATING TO PAYMENT OF AN AWARD UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO CHANGES REFERENCES OF DEPUTY DIRECTOR TO DIRECTOR; SECTION 16-3-1340, AS AMENDED, RELATING TO THE ATTORNEY FOR A CLAIMANT UNDER THE VICTIM'S COMPENSATION FUND, SO AS TO DELETE THE PROVISION REQUIRING ATTORNEYS OF THE WORKERS' COMPENSATION FUND TO REPRESENT THE VICTIM'S COMPENSATION FUND; SECTION 16-3-1410, RELATING TO THE RESPONSIBILITIES OF THE VICTIM COMPENSATION FUND RELATING TO THE VICTIM/WITNESS ASSISTANCE PROGRAM, SO AS TO DELETE THE REQUIREMENT THAT THE FUND PROVIDE TRAINING FOR THE SOLICITORS' OFFICES; SECTION 16-3-1550, AS AMENDED, RELATING TO VICTIM IMPACT STATEMENTS, SO AS TO EXTEND THE PROVISIONS OF THE SECTION TO FAMILY COURT IN CONJUNCTION WITH THE PROSECUTION OF JUVENILE OFFENDERS, TO REQUIRE THE EXECUTIVE DIRECTOR OF THE COMMISSION ON PROSECUTION COORDINATION TO DEVELOP THE FORM RATHER THAN THE ATTORNEY GENERAL, AND TO CORRECT THE NAME OF THE BOARD OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-17-100, RELATING TO THE TRANSFER OF WRIT OF HABEAS CORPUS PETITIONS TO THE COURT IN THE COUNTY WHERE THE PRISONER IS LOCATED, SO AS TO CHANGE THE NAME OF THE BOARD OF CORRECTIONS; SECTION 17-22-120, AS AMENDED, RELATING TO INDIVIDUAL INTERVENTION AGREEMENTS ENTERED INTO BY A DEFENDANT AND THE SOLICITOR IN A PRETRIAL INTERVENTION PROGRAM, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 17-25-80, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS REGARDING HARD LABOR, SO AS TO CHANGE THE NAME OF THE COMMISSIONER; SECTION 17-25-145, RELATING TO IMPLEMENTATION OF COMMUNITY PENALTIES PROGRAM, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-25-370, RELATING TO EXECUTION OF DEATH SENTENCE, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-380, RELATING TO COPIES AND FORM OF NOTICE OF DEATH PENALTY, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-400, RELATING TO SERVICE OF NOTICE ON PRISONER, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 20-7-640, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO DELETE THE REQUIREMENT THAT THE COUNTY BOARD APPOINT AN ADVISORY COMMITTEE; SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF DEPARTMENT OF SOCIAL SERVICES RECORDS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 20-7-2020, RELATING TO APPROVAL OF AGREEMENTS UNDER THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-2340, RELATING TO ADOPTION FEES ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE AUTHORITY TO ESTABLISH THESE FEES; SECTION 20-7-2379, AS AMENDED, RELATING TO THE DIVISION FOR REVIEW OF FOSTER CARE OF CHILDREN, SO AS TO DELETE THE INAPPLICABLE PROVISION FOR THE DIVISION DIRECTOR'S SALARY; SECTION 20-7-2640, AS AMENDED, RELATING TO THE INTERSTATE COMPACT FOR ADOPTION AND MEDICAL ASSISTANCE, MEDICAL ASSISTANCE IDENTIFICATION, BENEFITS, AND EXCEPTIONS, SO AS TO CLARIFY THAT DEPARTMENT AS USED IN SUBSECTION (C) MEANS THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-2880, AS AMENDED, RELATING TO FAMILY DAY CARE LICENSES, SO AS TO CLARIFY AN ADMINISTRATIVE LAW JUDGE MUST HEAR APPEALS; SECTIONS 20-7-2930 AND 20-7-2940, AS AMENDED, RELATING TO CHURCH DAY CARE CENTERS, SO AS TO CLARIFY THAT APPEALS FROM A REGISTRATION SUSPENSION MUST BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 20-7-5420, AS AMENDED, RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH, SO AS TO DELETE CERTAIN OBSOLETE MEMBERS FROM THE COUNCIL AND TO CORRECT CERTAIN REFERENCES; SECTION 20-7-5910, AS AMENDED, RELATING TO THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO REVISE THE NAMES OF CERTAIN STATE AGENCIES AND THE TITLES OF CERTAIN ADMINISTRATIVE HEADS OF STATE AGENCIES; SECTION 23-4-20, RELATING TO CRIMINAL JUSTICE COMMITTEES AND PROGRAMS OF THE OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION OF PUBLIC SAFETY PROGRAMS REFERRED TO IN THIS SECTION MEANS THE DEPARTMENT OF PUBLIC SAFETY RATHER THAN OF THE OFFICE OF THE GOVERNOR; SECTION 23-4-110, AS AMENDED, RELATING TO THE GOVERNOR'S COMMITTEE ON CRIMINAL JUSTICE, CRIME AND DELINQUENCY, SO AS TO CONFORM THE MEMBERSHIP OF THE COMMITTEE TO THE REVISIONS OF THE RESTRUCTURING ACT; SECTION 23-4-520, RELATING TO THE DUTIES OF THE GOVERNOR'S OFFICE OF CRIMINAL JUSTICE PROGRAMS, SO AS TO CORRECT A REFERENCE TO THE FORMER DEPARTMENT OF YOUTH SERVICES; SECTION 23-6-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE THE DEFINITION OF "DEPUTY DIRECTOR"; SECTION 23-6-40, AS AMENDED, RELATING TO THE DIRECTOR AND DEPUTY DIRECTORS FOR THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE THE PROVISIONS FOR DEPUTY DIRECTORS; SECTION 23-9-10, AS AMENDED, RELATING TO THE STATE FIRE MARSHAL, SO AS TO CORRECT AN INTERNAL CODE SECTION REFERENCE; SECTION 23-11-110, AS AMENDED, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO CORRECT A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE TRAINING COUNCIL; TO AMEND CHAPTER 25 OF TITLE 23, AS AMENDED, RELATING TO THE LAW ENFORCEMENT OFFICERS HALL OF FAME, SO AS TO CLARIFY THAT THE COMMITTEE IS ADVISORY, TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO SERVE AS CHAIRMAN OF THE COMMITTEE, AND TO MAKE CONFORMING CHANGES THROUGHOUT; TO AMEND SECTION 24-1-10, RELATING TO CONSTRUCTION OF REFERENCES, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 24-13-730, RELATING TO PROGRAM CHANGES SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY, SO AS TO REVISE CODE SECTIONS; SECTION 24-21-300, RELATING TO CITATION AND AFFIDAVIT OF PERSON RELEASED, SO AS TO ADD THE REFERENCE OF OFFENDER MANAGEMENT SYSTEM ACT AND TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-30, RELATING TO ELIGIBILITY TO PARTICIPATE IN THE OFFENDER MANAGEMENT SYSTEM, SO AS TO CHANGE THE REFERENCE OF THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-150, RELATING TO FUNDING REQUIRED, SO AS TO CHANGE THE REFERENCE OF COMMISSION TO DIRECTOR; SECTION 24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-26-10, RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CORRECT REFERENCES TO CERTAIN NONVOTING MEMBERS OF THE COMMISSION; SECTION 25-19-20, RELATING TO THE PRISONER OF WAR COMMISSION, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS' AFFAIRS TO CONFORM TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 31-13-30, RELATING TO MEMBERSHIP ON THE SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 31-17-330, RELATING TO EXCEPTIONS FOR MOBILE HOME LICENSES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE; SECTION 33-14-210, RELATING TO ADMINISTRATIVE DISSOLUTION OF A CORPORATION BY THE SECRETARY OF STATE, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 33-39-250, RELATING TO THE POWERS OF COUNTY BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 38-3-110, AS AMENDED, RELATING TO DUTIES OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT REGULATIONS ARE PROMULGATED BY THE COMMISSIONER; SECTION 38-27-520, AS AMENDED, RELATING TO RECOVERY OF PREMIUMS OWED, SO AS TO PROVIDE THAT AN APPEAL IS TO THE CIRCUIT COURT AND NOT THE ADMINISTRATIVE LAW JUDGE DIVISION; SECTION 38-43-106, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS, SO AS TO REESTABLISH THE MEMBERSHIP OF THE CONTINUING EDUCATION ADVISORY COMMITTEE; SECTION 38-73-1380, AS AMENDED, RELATING TO PRIVATE PASSENGER AUTOMOBILE INSURANCE, APPROVAL OF FINAL RATE OR PREMIUM CHARGE, AND APPROVAL OF EXPENSE COMPONENT, SO AS TO DELETE AN INCORRECT REFERENCE TO "THE DIVISION" AND SUBSTITUTE A REFERENCE TO "THE DEPARTMENT", MEANING THE DEPARTMENT OF INSURANCE AND TO CHANGE REFERENCES FROM DIRECTOR TO COMMISSIONER; SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO ELIMINATE AN UNNECESSARY REQUIREMENT THAT THE COMMISSIONER OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE ACT THROUGH THE DEPARTMENT IN PERFORMING A CERTAIN FUNCTION; SECTION 38-79-270, AS AMENDED, RELATING TO APPEALING ACTIONS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO PROVIDE THAT THE APPEAL IS TO THE COMMISSIONER AND NOT THE DEPARTMENT; SECTION 38-81-270, AS AMENDED, RELATING TO THE LEGAL PROFESSIONAL LIABILITY INSURANCE JOINT UNDERWRITING ASSOCIATION AND THE GATHERING OF DATA, SO AS TO DELETE A REFERENCE TO DEPARTMENT (MEANING THE DEPARTMENT OF INSURANCE) AND SUBSTITUTE COMMISSIONER (MEANING CHIEF INSURANCE COMMISSIONER OF THE DEPARTMENT OF INSURANCE); CHAPTER 23 OF TITLE 39, RELATING TO ADULTERATED, MISBRANDED, OR NEW DRUGS AND DEVICES, SO AS TO CONFORM THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 40-6-180, AS AMENDED, RELATING TO AUCTIONEERS, SO AS TO REINSERT LANGUAGE TO PROVIDE THAT AN APPRENTICE'S SUPERVISING AUCTIONEER BE NOTIFIED IF CHARGES ARE BROUGHT AGAINST THE APPRENTICE; SECTION 40-15-210, AS AMENDED, RELATING TO THE AUTHORITY OF A PERSON WHOSE LICENSE OR REGISTRATION CERTIFICATE TO PRACTICE DENTISTRY, DENTAL HYGIENE, OR PERFORM DENTAL TECHNOLOGICAL WORK HAS BEEN SUSPENDED OR REVOKED PURSUANT TO THE PROVISIONS OF ARTICLE 5, CHAPTER 23 OF TITLE 1 (ADMINISTRATIVE LAW JUDGE DIVISION), SO AS TO REENACT THE CRIMINAL PENALTY PROVISIONS WHICH WERE INADVERTENTLY OMITTED BY ACT 181 OF 1993 (RESTRUCTURING); SECTION 40-22-150, AS AMENDED, RELATING TO ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION MAY EMPLOY AN EXECUTIVE DIRECTOR FOR THE BOARD; SECTION 40-25-40, AS AMENDED, RELATING TO RECOMMENDATIONS FOR MEMBERSHIP ON THE COMMISSION OF HEARING AID SPECIALISTS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 40-35-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO CHANGE REFERENCES IN THE DEFINITION OF "QUALIFIED MENTAL RETARDATION PROFESSIONAL" FROM THE SOUTH CAROLINA DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-35-140, AS AMENDED, RELATING TO THE REQUIREMENT THAT HABILITATION CENTERS FOR THE MENTALLY RETARDED MUST BE UNDER THE SUPERVISION OF A LICENSED NURSING HOME ADMINISTRATOR, SO AS TO CHANGE A REFERENCE FROM THE DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-47-140, AS AMENDED, RELATING TO MINIMUM STANDARDS TO BE OBTAINED ON EXAMINATION REQUIRED BY THE BOARD OF MEDICAL EXAMINERS, SO AS TO CHANGE A REFERENCE FROM THE STATE MENTAL RETARDATION DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTIONS 41-10-70, 41-10-80, 41-10-90, 41-10-110, AS AMENDED, SECTION 41-13-20, SECTION 41-13-25, AS AMENDED, SECTIONS 41-13-50, 41-13-60, 41-15-90, 41-15-100, 41-15-210, 41-15-220, 41-15-230, 41-15-240, 41-15-250, 41-15-260, 41-15-270, 41-15-280, 41-15-290, 41-15-300, SECTION 41-15-320, AS AMENDED, SECTION 41-15-520, SECTIONS 41-16-20, 41-16-40, AS AMENDED, SECTIONS 41-16-50, 41-16-60, 41-16-70, 41-16-80, 41-16-90, SECTIONS 41-16-100, 41-16-110, AS AMENDED, SECTIONS 41-16-120, 41-16-130, SECTION 41-16-140, AS AMENDED, SECTIONS 41-16-150, 41-16-160, SECTION 41-16-180, AS AMENDED, SECTIONS 41-17-10, 41-17-20, 41-17-40, 41-17-50, 41-17-60, 41-17-70, SECTION 41-18-40, AS AMENDED, SECTION 41-18-50, SECTIONS 41-18-60, 41-18-70, 41-18-80, 41-18-100, 41-18-110, AS AMENDED, SECTIONS 41-18-120, 41-18-130, SECTIONS 41-18-150, 41-21-20, AS AMENDED, SECTIONS 41-21-30, 41-21-40, 41-21-70, 41-21-80, 41-21-90, 41-21-100, 41-25-110, RELATING TO THE COMMISSIONER OF LABOR, THE DEPARTMENT OF LABOR, AND VARIOUS DIVISIONS WITHIN THE DEPARTMENT, SO AS TO CONFORM THOSE REFERENCES TO THE PROVISIONS OF SECTION 977 OF ACT 181 OF 1993 (RESTRUCTURING ACT) AND DELETE OBSOLETE PROVISIONS; SECTION 41-43-40, AS AMENDED, RELATING TO THE DIRECTOR OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE CHAIRMAN OF THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-43-190, RELATING TO THE EXPORT PROGRAMS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-44-90, AS AMENDED, RELATING TO THE INCOME AND PREMIUM TAX CREDIT ALLOWED A TAXPAYER WITH A QUALIFIED INVESTMENT IN A BUSINESS RECEIVING FINANCING FROM THE PALMETTO SEED CAPITAL FUND, SO AS TO CONFORM REFERENCES TO "COMMISSION" TO THE RESTRUCTURING ACT; SECTION 42-5-60, RELATING TO INSURANCE DEEMED SUBJECT TO TITLE 42 (WORKERS' COMPENSATION) AND APPROVAL OF FORMS, SO AS TO CONFORM A REFERENCE TO THE CHIEF INSURANCE COMMISSIONER; SECTION 43-1-115, RELATING TO COUNTY DEPARTMENT OF SOCIAL SERVICES BIENNIAL PERFORMANCE AUDITS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE STATE DEPARTMENT AND TO CORRECT A REFERENCE; SECTION 43-5-150, AS AMENDED, RELATING TO APPEALS TO THE DEPARTMENT OF SOCIAL SERVICES FOR DENIAL OF PUBLIC ASSISTANCE, SO AS TO CLARIFY THAN AN ADMINISTRATIVE LAW JUDGE RATHER THAN A HEARING EXAMINER HEARS AN APPEAL PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; SECTIONS 43-7-410, 43-7-420, 43-7-430, AND SECTION 43-7-440, AS AMENDED, RELATING TO ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO DELETE REFERENCES TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND SUBSTITUTE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 43-21-10, AS AMENDED, RELATING TO THE ADVISORY COMMISSION ON AGING, SO AS TO REVISE THE MEMBERSHIP AND RESPONSIBILITIES; SECTION 43-21-130, AS AMENDED, RELATING TO THE LONG TERM CARE COUNCIL, SO AS TO REVISE THE NAME, MEMBERSHIP, AND RESPONSIBILITIES OF THE COUNCIL; SECTION 43-21-150, AS AMENDED, RELATING TO THE EDUCATIONAL AND INFORMATIONAL PROGRAM OF THE DIVISION ON AGING, SO AS TO REVISE THE REFERENCE TO THE LONG TERM CARE COUNCIL IN ORDER TO CONFORM TO A PRIOR NAME CHANGE; TO AMEND SECTION 43-35-310, RELATING TO THE ADULT PROTECTION COORDINATING COUNCIL, SO AS TO REVISE THE NAME OF THE MEMBER AGENCIES AND ADMINISTRATIVE TITLES; TO AMEND SECTION 44-1-50, AS AMENDED, RELATING TO THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL HEARING APPEALS FROM THE DECISIONS OF AN ADMINISTRATIVE LAW JUDGE, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 44-2-75, AS AMENDED, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1988 AND INSURANCE POOLS, SO AS TO MAKE A TECHNICAL CORRECTION WITH RESPECT TO A REFERENCE TO THE DEPARTMENT OF INSURANCE; SECTION 44-6-5, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE FOR IT DEPARTMENT UNDER THE DEFINITION OF MARKET BASKET INDEX; SECTION 44-6-60, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO REVISE THE NAMES OF THE DEPARTMENTS REPRESENTED ON THE COMMITTEE AND THE TITLES OF THE DEPARTMENT ADMINISTRATORS; SECTION 44-6-140, AS AMENDED, RELATING TO MEDICAID HOSPITAL PROSPECTIVE PAYMENT SYSTEM AND COST CONTAINMENT MEASURES, SO AS TO DELETE COMMISSION IN TWO INSTANCES AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-146, AS AMENDED, RELATING TO COUNTY ASSESSMENTS FOR INDIGENT MEDICAL CARE AND PENALTIES FOR FAILURE TO PAY ASSESSMENTS IN A TIMELY MANNER, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-170, AS AMENDED, RELATING TO THE HEALTH DATA OVERSIGHT COUNCIL, SO AS TO REVISE THE TITLES OF THE ADMINISTRATIVE HEADS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-6-520, AS AMENDED, RELATING TO THE SALE, LEASE, OR MORTGAGE OF A NURSING HOME IN RECEIVERSHIP, SO AS TO CHANGE A REFERENCE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-540, RELATING TO THE REGULATION-MAKING AUTHORITY UNDER THE "INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOME ACT", SO AS TO DELETE THE REFERENCE TO COMMISSION (MEANING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION) AND SUBSTITUTE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTIONS 44-6-720 AND 44-6-730, RELATING TO MEDICAID QUALIFYING TRUSTS, SO AS TO REVISE THE NAME OF THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-7-90, RELATING TO VIOLATIONS OF THE LAW CONCERNING MEDICAID NURSING HOME PERMITS AND PENALTIES, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF MENTAL RETARDATION; SECTION 44-7-370, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS TO THE RESIDENTIAL CARE COMMITTEE, SO AS TO REVISE THE TITLE OF THE DEPARTMENT ADMINISTRATOR; SECTION 44-23-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO MENTALLY ILL AND MENTALLY RETARDED PERSONS, SO AS TO CLARIFY THE DEFINITION OF DIRECTOR; SECTION 44-38-380, AS AMENDED, RELATING TO THE ADVISORY COUNCIL TO THE SOUTH CAROLINA HEAD AND SPINAL CORD SERVICE DELIVERY SYSTEM, SO AS TO REVISE THE NAME OF A MEMBER OF THE COUNCIL AND THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-40-60, RELATING TO SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTION 44-53-480, RELATING TO SOUTH CAROLINA LAW ENFORCEMENT DIVISION ENFORCEMENT OF CONTROLLED SUBSTANCE LAWS, SO AS CONFORM REFERENCES TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-490, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL DRUG INSPECTORS, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-500, RELATING TO THE ISSUANCE AND EXECUTION OF ADMINISTRATIVE INSPECTION WARRANTS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH RESPECT TO THE REGULATION OF CONTROLLED SUBSTANCES, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-55-120, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-56-60, AS AMENDED, RELATING TO HAZARDOUS WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-67-90, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S FUNDS FOR LITTER CONTROL RESEARCH, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 44-96-440, RELATING TO UNLAWFUL ACTS UNDER SOLID WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 46-13-60, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 48-9-30, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO DEFINE THE ADVISORY COUNCIL; SECTION 48-9-610, AS AMENDED, RELATING TO THE APPOINTMENT OF TWO COMMISSIONERS TO SERVE WITH THE ELECTED COMMISSIONERS OF SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO AUTHORIZE THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES TO MAKE THE APPOINTMENT; SECTION 48-9-1210, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPOINTED COMMISSIONERS OF SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES UPON THE RECOMMENDATION OF THE ADVISORY COUNCIL INSTEAD OF BY THE BOARD OF THE DEPARTMENT; SECTION 48-9-1230, AS AMENDED, RELATING TO THE TERMS, VACANCIES, AND REMOVAL OF THE DISTRICT COMMISSIONERS, SO AS TO DELETE OBSOLETE LANGUAGE AND REVISE THE PROCEDURE FOR THE FILLING OF VACANCIES AND FOR REMOVAL; SECTION 48-9-1820, AS AMENDED, RELATING TO THE ELIGIBILITY AND COMPENSATION OF MEMBERS OF BOARDS OF ADJUSTMENT, SO AS TO PROVIDE FOR MEMBERS OF THE ADVISORY COUNCIL INSTEAD OF THE BOARD OF THE DEPARTMENT TO BE INELIGIBLE TO SERVE AND TO CLARIFY REFERENCES TO THE BOARDS OF ADJUSTMENT; SECTION 48-9-1840, AS AMENDED, RELATING TO HARDSHIP PETITIONS FILED WITH BOARDS OF ADJUSTMENT, SO AS TO CLARIFY REFERENCES TO THE BOARDS, AND SECTION 48-9-1850, AS AMENDED, RELATING TO HEARINGS AND ACTION BY THE BOARDS, SO AS TO CLARIFY REFERENCES TO THE BOARDS; SECTION 48-39-150, AS AMENDED, RELATING TO THE APPEALS PROCESS FOR THE DENIAL OF COASTAL ZONE PERMITS; SECTION 48-39-210, AS AMENDED, RELATING TO CRITICAL AREA DELINEATIONS, SO AS TO REVISE THE NAME OF THE COASTAL COUNCIL; SECTION 48-39-280, AS AMENDED, RELATING TO BEACH NOURISHMENT PROJECT PERMITS AND SETBACK LINES; SECTION 48-39-290, AS AMENDED, RELATING TO REBUILDING STRUCTURES OTHER THAN EROSION CONTROL STRUCTURES SEAWARD OF THE BASELINE, SO AS TO CLARIFY THE APPEALS PROCESS AS ESTABLISHED BY THE RESTRUCTURING ACT OF 1993; SECTION 48-49-70, RELATING TO THE MOUNTAIN RIDGE PROTECTION ACT OF 1984, SO AS TO TRANSFER THE JURISDICTION AND MANAGEMENT FROM THE DEPARTMENT OF PARKS, RECREATION AND TOURISM TO THE DEPARTMENT OF NATURAL RESOURCES; SECTION 49-1-15, AS AMENDED, RELATING TO PERMITS FOR HYDROELECTRIC PROJECTS INVOLVING IMPOUNDMENT OR DIVERSION OF WATERS OF NAVIGABLE STREAMS, SO AS TO REQUIRE A PERMIT FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ANY CONSTRUCTION, ALTERATION, DREDGING, FILLING, OR OTHER ACTIVITY IN ANY WATERS OF NAVIGABLE STREAMS; SECTION 49-4-15, AS AMENDED, RELATING TO THE SOUTH CAROLINA WATER USE REPORTING AND COORDINATION ACT, SO AS TO MAINTAIN THE PROGRAM UNDER THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN TRANSFERRING IT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AS PROVIDED BY THE RESTRUCTURING ACT OF 1993; SECTION 49-7-70, RELATING TO THE POWERS OF THE BUSHY PARK AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 50-3-90, AS AMENDED, RELATING TO CONDUCTING GAME AND FISH CULTURAL OPERATIONS, SO AS TO CHANGE A REFERENCE FROM BOARD TO DEPARTMENT; SECTION 50-3-310, AS AMENDED, RELATING TO THE APPOINTMENT OF ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO CLARIFY THAT THE DIRECTOR OF THE DEPARTMENT IS RESPONSIBLE FOR HIRING AND FIRING THE OFFICERS; SECTION 50-3-315, AS AMENDED, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO REVISE THEIR AUTHORITY; SECTION 50-3-510, AS AMENDED, RELATING TO THE CUTTING OF TIMBER BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-5-20, AS AMENDED, RELATING TO THE JURISDICTION OF THE MARINE RESOURCES DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES SO AS TO CLARIFY THAT THE DEPARTMENT HAS CONTINUING JURISDICTION OVER STRIPED BASS; SECTION 50-5-110, AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCE TO DIVISION TO DEPARTMENT TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 50-7-10, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE ATLANTIC STATES MARINE FISHERIES COMMISSION, SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES TO APPOINT A DESIGNEE TO SERVE IN HIS PLACE ON THE COMMISSION; SECTION 50-9-70, RELATING TO THE ESTABLISHMENT OF HUNTER EDUCATION PROGRAMS, SO AS TO REVISE THE NAME OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 50-9-470, AS AMENDED, RELATING TO TEMPORARY NONRESIDENT FISHING LICENSES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-17-320, AS AMENDED, RELATING TO THE CLOSURE OF SHELLFISH GROUNDS, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN THE BOARD TO REMOVE CLOSED AREAS FROM A PERMIT ACREAGE AGREEMENT; SECTION 50-17-365, AS AMENDED, RELATING TO THE CLOSED SEASON FOR SHELLFISH, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN THE BOARD TO OPEN OR CLOSE AREAS; SECTION 50-17-730, AS AMENDED, RELATING TO THE REQUIREMENT FOR PEELER AND SOFT SHELL CRABS, SO AS TO DELETE THE REFERENCE TO MARINE RESOURCES DIVISION TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 51-3-60, RELATING TO FREE USE OF STATE PARK FACILITIES BY DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING AND THE STATE DEPARTMENT OF PARKS, RECREATION AND TOURISM; SECTION 51-13-860, RELATING TO A SPECIAL LOAN TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; SECTION 53-3-100, RELATING TO THE COMMITTEE WHICH HONORS THE "SOUTH CAROLINA FAMILY OF THE YEAR", SO AS TO REVISE THE NAMES OF CERTAIN DEPARTMENTS AND COMMISSIONS ON THE COMMITTEE; SECTION 55-1-1, RELATING TO THE DIVISION OF AERONAUTICS, SO AS TO CHANGE THE NAME TO THE STATE AVIATION ADMINISTRATION; SECTION 55-1-5, AS AMENDED, RELATING TO DEFINITION FOR UNIFORM STATE AERONAUTICAL REGULATORY LAW, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-5-50, AS AMENDED, RELATING TO THE DEPUTY DIRECTOR OF AERONAUTICS, SO AS TO REINSERT THE REQUIREMENT THAT HE BE A COMMERCIAL PILOT WITH INSTRUMENT RATING; SECTION 55-5-190, AS AMENDED, RELATING TO COOPERATION BETWEEN PUBLIC DEPARTMENTS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-8-10, AS AMENDED, RELATING TO THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-11-10, AS AMENDED, RELATING TO PARTICULAR AIRPORTS, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 55-15-10, AS AMENDED, RELATING TO RELOCATION ASSISTANCE, SO AS TO CHANGE THE NAME OF THE DIVISION OF AERONAUTICS TO THE STATE AVIATION ADMINISTRATION; SECTION 56-1-80, AS AMENDED, RELATING TO THE APPLICATION FOR A DRIVER'S LICENSE OR PERMIT, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF REVENUE AND TAXATION AND TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-135, AS AMENDED, RELATING TO DESIGNATED DRIVERS FOR FIRE EXTINGUISHMENT, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-221, RELATING TO THE MEDICAL ADVISORY BOARD, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT AND TO CLARIFY THAT THE BOARD MUST ADVISE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-225, AS AMENDED, RELATING TO THE REEXAMINATION OF DRIVERS INVOLVED IN FOUR ACCIDENTS WITHIN TWENTY-FOUR MONTHS, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVERS' LICENSES, SO AS TO CLARIFY REFERENCES IN THE SECTION; SECTION 56-1-1330, AS AMENDED, RELATING TO PROVISIONAL DRIVER'S LICENSE, SO AS TO CHANGE REFERENCES FROM THE SOUTH COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 56-1-2100, AS AMENDED, RELATING TO COMMERCIAL DRIVERS LICENSES, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-3-1010, RELATING TO DEFINITIONS FOR REGISTRATION OF CORPORATE OWNED FLEET MOTOR VEHICLES, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE; SECTION 56-5-1520, AS AMENDED, RELATING TO MOTOR VEHICLE SPEED LIMITS, SO AS TO REVISE THE REQUIREMENTS FOR DEPOSIT OF FINES; SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO DELETE A SENTENCE WHICH HAS BEEN DECLARED UNCONSTITUTIONAL; SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN VIOLATIONS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 56-5-4160, AS AMENDED, RELATING TO THE DISPOSITION OF FINES FOR WEIGHT VIOLATIONS OF VEHICLES AND LOADS, SO AS TO REQUIRE THE FINES BE DEPOSITED INTO THE SIZE AND WEIGHT REVITALIZATION PROGRAM FUND FOR PERMANENT IMPROVEMENTS RATHER THAN INTO THE GENERAL FUND; SECTION 56-5-5810, AS AMENDED, RELATING TO THE DEFINITIONS FOR THE DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES, SO AS TO CHANGE A REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF REVENUE AND TAXATION TO THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY; SECTION 56-10-240, AS AMENDED, RELATING TO NOTICE OF INSURANCE CANCELLATION, SO AS TO CORRECT REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY, THE DEPARTMENT OF REVENUE, AND THE CHIEF INSURANCE COMMISSIONER; SECTION 57-3-610, AS AMENDED, RELATING TO NAMING A ROAD, BRIDGE, OR HIGHWAY IN HONOR OF A PERSON, SO AS TO DELETE THE REFERENCE TO COUNTY LEGISLATIVE DELEGATION AND SUBSTITUTE COUNTY TRANSPORTATION COMMITTEE AND PROVIDE FOR LIMITATION OF ACTUAL EXPENSES FOR DEDICATIONS ON AN INTERSTATE HIGHWAY; SECTION 57-5-1340, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION REGARDING TURNPIKES, SO AS TO CHANGE REFERENCES OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-25-150, AS AMENDED, RELATING TO PERMIT FEES FOR DIRECTIONAL SIGNS, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTIONS 57-25-470 AND 57-25-680, RELATING TO COMPENSATION FOR REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-27-70, RELATING TO ACQUISITION OF LANDS FOR JUNKYARDS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; ARTICLE 3, CHAPTER 3, TITLE 58, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO DEVOLVE ITS DUTIES AND FUNCTIONS UPON THE DEPARTMENT OF PUBLIC SAFETY, STATE POLICE DIVISION; SECTION 59-36-20, RELATING TO DEVELOPMENT OF A COMPREHENSIVE SYSTEM OF SPECIAL EDUCATION, SO AS TO REVISE THE NAME OF THE CONTINUUM OF CARE; SECTION 59-53-20, RELATING TO THE SOUTH CAROLINA TECHNICAL EDUCATION SYSTEM, SO AS TO CONFORM THE NAME OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE; SECTION 59-63-31, RELATING TO RESIDENCY REQUIREMENTS TO ATTEND PUBLIC SCHOOLS, SO AS TO CONFORM THE NAME OF THE DEPARTMENT OF YOUTH SERVICES TO ACT 181 OF 1993; SECTION 59-65-30, AS AMENDED, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 59-67-535, RELATING TO THE USE OF BOATS OPERATED BY THE DEPARTMENT OF EDUCATION TO TRANSPORT DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 59-111-20, AS AMENDED, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTIONS 61-1-120 AND 61-1-125, RELATING TO REQUIREMENTS FOR APPLICANTS FOR LICENSES AND PERMITS ISSUED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTIONS 61-5-320 AND 61-5-360, AS AMENDED, RELATING TO THE DISBURSEMENT OF FUNDS TO COUNTIES FOR EDUCATIONAL PURPOSES RELATING TO USE OF ALCOHOLIC LIQUORS AND THE REHABILITATION OF ALCOHOLICS, DRUG ABUSERS, AND DRUG ADDICTS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOLISM AND THE COMMISSIONER OF NARCOTICS AND CONTROLLED SUBSTANCES TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 61-9-35, RELATING TO REQUIREMENTS FOR THE SALE OF BEER AND WINE AND THE RESTRICTIONS ON BEER OR BEER AND WINE PERMITTEE IN PAYING WHOLESALERS AND THE PENALTY FOR VIOLATIONS, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 61-13-590, RELATING TO THE SALE OF ALCOHOLIC BEVERAGES SEIZED IN ENFORCEMENT ACTIONS, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 1613 OF ACT 181 OF 1993, RELATING TO TRANSITION PROVISIONS, SO AS TO PROVIDE THAT AN EMPLOYEE'S PERSONNEL RECORDS ARE TRANSFERRED AND BELONG TO THE AGENCY TO WHICH THE EMPLOYEE IS TRANSFERRED; SECTION 1618 OF ACT 181 OF 1993, RELATING TO THE EFFECTIVE DATES OF THE STATE GOVERNMENT RESTRUCTURING ACT, SO AS TO MAKE TECHNICAL CORRECTIONS IN REGARD TO CERTAIN EFFECTIVE DATES AND EFFECTIVE DATE REFERENCES; TO AMEND THE 1976 CODE BY ADDING SECTION 40-73-17, SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION SHALL PROVIDE LEGAL SERVICES TO ALL ITS DIVISIONS; SECTIONS 48-9-215 AND 48-9-225, SO AS TO ESTABLISH AND PROVIDE FOR THE STATE LAND RESOURCES AND CONSERVATION DISTRICTS ADVISORY COUNCIL; TO AMEND CHAPTER THREE OF TITLE 49 BY ADDING SECTION 49-3-60, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO NEGOTIATE AGREEMENTS RELATING TO THE WITHDRAWAL, TRANSFER, OR DIVERSION OF WATER CONNECTED TO WATERS OF THIS STATE; TO AMEND THE 1976 CODE BY ADDING CHAPTER 27 TO TITLE 50, SO AS TO CHANGE THE PLACEMENT OF THE STATUTORY AUTHORITY FOR THE HERITAGE TRUST PROGRAM FROM TITLE 51 TO TITLE 50; TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1720 SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE FOR LAW ENFORCEMENT MOTOR VEHICLES OPERATED BY LINE LAW ENFORCEMENT PERSONNEL OF THE DEPARTMENT OF PUBLIC SAFETY; TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES TO CONFORM WITH THE PROVISIONS OF THIS ACT; AND TO REPEAL SECTIONS 41-15-310, 43-21-120, 43-21-140, 48-9-230, 49-5-130, 49-21-80, CHAPTER 5 OF TITLE 12, CHAPTER 61 OF TITLE 40, AND CHAPTER 17 OF TITLE 51.
Referred to Committee on Judiciary.
S. 597 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HYBRID STRIPED BASS, SO AS TO CHANGE THE DEFINITION OF PROCESSOR.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 614 -- Senator McConnell: A BILL TO AMEND SECTION 50-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF AREAS FOR THE GATHERING OF OYSTERS, SO AS TO INCLUDE CLAMS, PROVIDE FOR PERSONS WHO MAY GATHER THE OYSTERS AND CLAMS, REVISE THE REQUIREMENTS FOR DESIGNATION AND MAINTENANCE OF THE AREAS, AND PROVIDE REQUIREMENTS FOR CRITICAL AREAS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 688 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDERS, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CERTAIN CULTURED GAME FISH TO STOCK OR RESTOCK CULTURED GAME FISH THAT EXCEEDS FOUR INCHES IN OVERALL LENGTH, TO PROVIDE A DEFINITION FOR CULTURED GAME FISH, AND TO MAKE OTHER GRAMMATICAL AND TECHNICAL CHANGES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
The following was taken up for immediate consideration:
S. 765 -- Senator Matthews: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1995, "WORKERS' MEMORIAL DAY".
Whereas, the working men and women of South Carolina have helped to build this State and keep the state's economy strong; and
Whereas, many workers die with little attention each year while performing their jobs, others die as the result of occupational diseases contracted or aggravated on the job, and thousands more are disabled or injured on the job; and
Whereas, in fiscal year 1994, thirty-nine workers died in South Carolina while working from causes as varied as electrocution, falls, and being struck by objects; and
Whereas, when these workers died they left behind families that had loved and depended on them; and
Whereas, while the need for strong safety and health protections, strong standards of enforcement, and fair and just compensation for such deaths and injuries continues, these fallen workers, and others before them, must not be forgotten. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That April 28, 1995, a date chosen by the South Carolina AFL-CIO, be commemorated as "Workers' Memorial Day" in tribute to those workers who have lost their lives because of workplace injuries and illnesses.
Be it further resolved that a copy of this resolution be forwarded to Mr. G. O. Smoak, President of the South Carolina AFL-CIO.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
H. 4136 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL; AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT.
Rep. FAIR proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\18447AC.95), 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 44-29-240. A person, upon whom an invasive, exposure-prone procedure, as defined by the Department of Health and Environmental Control, is scheduled to be performed, should know his HIV antibody, HBsAG, and HBeAg status and disclose the status to the health care professionals rendering care so that precautionary measures may be taken. A person, upon whom an invasive, exposure-prone procedure is scheduled to be performed, who does not know his status, should have his blood tested for the presence of HIV or HBV so as to protect the health care professionals rendering care."/
Renumber sections to conform.
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. WILDER moved to adjourn debate upon the Bill.
Rep. HARRISON moved to table the motion, which was agreed to.
Rep. SCOTT raised the Point of Order that Amendment No. 1 was out of order as it was not germane.
The SPEAKER overruled the Point of Order.
The amendment was then adopted.
Rep. FAIR proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5870AC.95), which was tabled.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 44-29-250. An entity selling or providing home test kits for testing for Human Immunodeficiency Virus (HIV) shall obtain information on the person whose blood sample is to be tested. A laboratory performing the HIV test on a sample of blood taken pursuant to a home test kit shall report a positive HIV infection test result to the Department of Health and Environmental Control with identifying information sufficient for the department to conduct partner notification. The laboratory also shall certify to the department that counseling options, including community-based resources and referrals to appropriate medical providers have been made or offered to the positive subject."/
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. SHISSIAS spoke against the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to by a division vote of 61 to 13.
Reps. SIMRILL, FAIR, TROTTER, MARCHBANKS, RICE, ROBINSON, HARRISON, CROMER, JENNINGS, SHISSIAS and HUFF objected to the Bill.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
Rep. HALLMAN explained the Bill.
H. 4139 -- Ways and Means Committee: A BILL TO AMEND SECTION 2-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT BEGINNING WITH ITS 1996 SESSION THE GENERAL ASSEMBLY INCLUDING ITS APPROPRIATE COMMITTEES AND THE GOVERNOR USE A "ZERO-BASE" BUDGET PROCESS IN THE PREPARATION OF THE ANNUAL STATE GENERAL APPROPRIATIONS ACT.
Rep. FULMER explained the Bill.
S. 626 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HOMEBOUND INSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1819, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. JASKWHICH explained the Joint Resolution.
The following Bill was taken up.
H. 3786 -- Reps. Keyserling and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-785 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL SUBMIT TO THE GENERAL ASSEMBLY AND THE GOVERNOR A COPY OF THE STATE'S INTERMODAL TRANSPORTATION EFFICIENCY PLAN PREPARED PURSUANT TO THE FEDERAL INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991, TO REQUIRE A RAILROAD OWNER TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF HIS INTENT TO ABANDON A RIGHT-OF-WAY, TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO PROVIDE PROPOSED RIGHT-OF-WAY ABANDONMENT OR DISCONTINUANCE INFORMATION TO INTERESTED PARTIES AND TO THE PUBLIC, AND TO REQUIRE RAILROADS TO SUBMIT TO THE DEPARTMENT OF TRANSPORTATION ANNUALLY A LONG-RANGE PLAN FOR RAIL LINES IN THE STATE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3936CM.95), which was adopted.
Amend the bill, as and if amended, Section 57-3-785, SECTION 1, page 2, by deleting /certified/ on line 3.
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. COOPER explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 686 -- Transportation Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-112 SO AS TO ELIMINATE THE REQUIREMENT OF NOTARIZATION ON FORMS OR DOCUMENTS CONTAINED IN CHAPTERS 3, 15, 16, AND 19 OF TITLE 56 AND ARTICLE 5, CHAPTER 17 OF TITLE 31; TO AMEND SECTION 16-21-20, RELATING TO THE MISUSE OF A MOTOR VEHICLE CERTIFICATE OF TITLE, REGISTRATION CARD, OR LICENSE PLATE, THE FAILURE TO DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION, AND FILING A FRAUDULENT APPLICATION FOR A MOTOR VEHICLE TITLE OR REGISTRATION, SO AS TO REVISE THE PERIOD A PERSON MUST DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION TO THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 56-19-370, RELATING TO THE PROCEDURES FOR THE VOLUNTARY TRANSFER OF A MOTOR VEHICLE CERTIFICATE OF TITLE WHEN A DEALER PURCHASES A MOTOR VEHICLE FOR RESALE, SO AS TO REVISE THE PERIOD THE TRANSFER OF THE CERTIFICATE OF TITLE MUST BE COMPLETED TO AVOID SENDING THE CERTIFICATE OF TITLE TO THE DEPARTMENT OF REVENUE.
Rep. SHEHEEN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5879HTC.95), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1, page 1 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. SHEHEEN 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.
H. 3174 -- Reps. P. Harris and Richardson: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BEGINNER'S DRIVING PERMIT, SO AS TO INCREASE ITS FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, ITS FEE, AND CONTENTS, SO AS TO INCREASE THE DRIVER'S LICENSE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-3-760, AS AMENDED, RELATING TO REGISTRATION FEE FOR MOTORCYCLES AND MOTOR-DRIVEN CYCLES, SO AS TO INCREASE THE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 59-53-2010, RELATING TO A STATEWIDE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 59-53-2020, RELATING TO THE CREATION, ADMINISTRATION, INSTRUCTORS, AND CURRICULUM ASSOCIATED WITH THE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO ELIMINATE THE "MOTORCYCLE SAFETY INSTRUCTION PROGRAM", TO CREATE THE "MOTORCYCLE SAFETY EDUCATION PROGRAM", TO ESTABLISH THE MOTORCYCLE SAFETY EDUCATION PROGRAM'S ADMINISTRATION'S PURPOSE, COURSE ENROLLMENT REQUIREMENTS, INSTRUCTOR REQUIREMENTS, AND CURRICULUM; BY ADDING SECTION 59-53-2022 SO AS TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION DEVELOP CERTAIN WRITTEN POLICIES AND PROCEDURES; BY ADDING SECTION 59-53-2024 SO AS TO CREATE, ESTABLISH REVENUE SOURCES FOR, AND PROVIDE FOR THE ADMINISTRATION OF THE SOUTH CAROLINA MOTORCYCLE SAFETY EDUCATION TRUST FUND; BY ADDING SECTION 59-53-2026 SO AS TO ESTABLISH AN ADVISORY COMMITTEE TO ASSIST IN DEVELOPING, ESTABLISHING, AND MAINTAINING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; BY ADDING SECTION 59-53-2028 SO AS TO REQUIRE THE EXECUTIVE DIRECTOR OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ISSUE A BIANNUAL REPORT REGARDING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; AND TO REPEAL SECTION 59-53-2030 RELATING TO PROGRAM ENROLLMENT FEES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5852HTC.95).
Amend the bill, as and if amended, by striking Section 56-1-50 as contained in SECTION 1, beginning on page 2, and inserting:
/"Section 56-1-50. A person who is at least fifteen years of age may apply to the department for a beginner's permit. After the applicant has passed successfully all parts of the examination other than the driving test, the department may issue to the applicant a beginner's permit which entitles the applicant having the permit in his immediate possession to drive a motor vehicle on the public highways for not more than twelve months. While driving the permittee must be accompanied by a licensed driver eighteen years of age or older who has had at least one year of driving experience, and who is occupying a seat beside the driver, except when the permittee is operating a motorcycle. A three-wheel vehicle requires the accompanying driver to be directly behind the driver on a saddle-type seat or beside the driver on a bench-type seat. A beginner's permit may be renewed or a new permit issued for additional periods of twelve months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass the road test. The fee for every a beginner's or renewal permit is two dollars and fifty cents except that for a motorcycle beginner's permit or permit renewal, the fee is five dollars and fifty cents, and the permit must bear the full name, date of birth, and residence address and a brief description and color photograph of the permittee and a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. Three dollars of the motorcycle permit or permit renewal fee must be placed in the South Carolina Motorcycle Safety Education Trust Fund pursuant to Section 59-53-2024. No permit is valid until it has been so signed by the permittee.
A student regularly enrolled in a high school of this State which conducts a driver training course is not required to obtain a beginner's permit to operate a motor vehicle while the student is participating in the driver training course and when accompanied by a qualified instructor of the driver training course.
Also exempted from the requirement of the beginner's permit are persons enrolled in driver training courses conducted by driver training schools licensed under Chapter 23 of this title. However, these persons at all times must be accompanied by an instructor of the school and may drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law."/
Amend further, Section 56-3-760, SECTION 3, page 3, line 39, by striking /Four/ and inserting /Eight/.
When amended the section reads:
/"Section 56-3-760. For every motorcycle or motor-driven cycle the biennial registration fee is ten eighteen dollars. Eight dollars of this fee must be placed in the South Carolina Motorcycle Safety Education Trust Fund pursuant to Section 59-53-2024."/
Amend further, Section 59-53-2024(B)(1), SECTION 7, page 6, line 16, by striking /four/ and /annual/ and inserting /eight/ and /biennial/.
When amended the subsection reads:
/(B) All monies received from the voluntary contribution system established in Section 59-53-2040 and the following revenues must be placed on deposit with the State Treasurer in an interest-bearing account:
(1) eight dollars of the biennial registration fee for each registered motorcycle;
(2) three dollars of the application fee for a motorcycle learner's permit;
(3) two dollars of the fee for each original or renewal motorcycle driver's license./
Amend title to conform.
Rep. TOWNSEND explained the amendment and moved to adjourn debate upon the Bill until Tuesday, May 2, which was adopted.
The following Bill was taken up.
H. 3584 -- Reps. Allison and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 1995 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR SUCH OFFICES FROM REQUESTING OR ACCEPTING CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM SUGGESTING POLITICAL PARTY AFFILIATION ON CAMPAIGN LITERATURE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21757SD.95).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 59-19-25. (A) (1) Notwithstanding any other provision of law or special act providing for the appointment or election of school trustees in any school district, beginning in 1996 and every two years thereafter as appropriate, members of the boards of trustees for the school districts of this State must be elected in nonpartisan elections to be conducted at the same time as the general election in those years.
(2) Any school district board of trustees now elected in nonpartisan elections as provided by law shall continue to be elected in that manner except that the date of the nonpartisan elections must be at the same time as the general election in the appropriate even-numbered year.
(3) All current members of the boards of trustees of the school districts whose terms expire in an even-numbered year shall continue to serve until their successors are elected and qualify in the manner provided in this section in the election of that even-numbered year. All current members of the board of trustees of the school districts whose terms expire in an odd-numbered year shall continue to serve until their successors are elected and qualify in the manner provided in this section at the election in the next ensuing even-numbered year.
(4) The terms for all persons elected to the boards of trustees are as now provided by law for that district and commence as provided in Section 59-19-315, unless otherwise provided by law applicable to the particular district.
(B) (1) Candidates for these offices which are filled in nonpartisan elections on the effective date of this section must be nominated by the method provided by law for the office affected.
(2) Candidates for these offices which are filled in partisan elections on the effective date of this section must be nominated by petition as provided in Section 7-11-70 or by declaration of candidacy filed with the appropriate election commission or authority conducting the election.
(3) The elections provided for in this section must be conducted pursuant to the provisions of Title 7, mutatis mutandis, except as otherwise provided for in this section or in other provisions of law relating to that particular school district. If no such method of conducting the election is now applicable to a district, the elections must be conducted by the county election commission with the cost of the election to be borne by the district. Trustees shall continue to be elected from the district at large, from specified election districts, or in such other manner as is now provided by law for that district.
(4) Vacancies in these offices must be filled as provided by law, except that if an election is required, it must be a nonpartisan election conducted in the manner required by this section.
(5) The results of these elections must be determined in the manner provided by law for that district, except that if no such provision of law is now applicable to that district, the results must be determined in accordance with the nonpartisan plurality method contained in Section 5-15-61.
(C) Candidates for the office of trustee for the boards of trustees for the school districts of this State are prohibited from soliciting or accepting a contribution, gift, loan, or any other thing of value from a certified political party or from any person or entity acting for or on behalf of a certified political party. No candidate, candidate's committee, or person or entity acting for or on behalf of a candidate or candidate's committee may publish or distribute campaign literature which in any way states, implies, or suggests party affiliation."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. JASKWHICH explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. JASKWHICH having the floor.
Reps. WALKER, ELLIOTT, RHOAD, TROTTER, McMAHAND and SIMRILL withdrew their objections to the following Bill.
H. 3201 -- Rep. Simrill: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE AND TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE 1976 CODE.
Reps. ROBINSON and RHOAD withdrew their objections to H. 3608 however, other objections remained upon the Bill.
Reps. MOODY-LAWRENCE, SCOTT, CAVE, ASKINS and LLOYD withdrew their objections to H. 3915 however, other objections remained upon the Bill.
Rep. BAXLEY withdrew his objection to H. 3624 however, other objections remained upon the Bill.
Reps. INABINETT, SCOTT, NEAL, LLOYD and BYRD withdrew their objections to the following Bill.
H. 3745 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT CREATED FOR HISTORICAL PRESERVATION TO CONVEY PROPERTY.
Reps. SPEARMAN, D. SMITH and HASKINS withdrew their objections to H. 3608 however, other objections remained upon the Bill.
Rep. HASKINS withdrew his objection to the following Bill whereupon an objection was raised by Rep. ROGERS.
H. 3567 -- Rep. Quinn: A BILL TO AMEND SECTION 61-1-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, WINE, AND ALCOHOLIC BEVERAGE PERMITS AND LICENSES, SO AS TO DELETE THE PROHIBITION ON THE ISSUE OF A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO ANY PERSON WITHIN THE THIRD DEGREE OF KINSHIP TO THE PERSON WHOSE PERMIT OR LICENSE WAS SUSPENDED AND TO DELETE THE PROHIBITION ON ISSUING A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO A PARTNER OR PERSON WITH A FINANCIAL INTEREST IN THE PREMISES OF THE ESTABLISHMENT FOR WHICH THE PERMIT OR LICENSE WAS SUSPENDED.
Reps. QUINN and KLAUBER withdrew their objections to the following Bill.
H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.
Rep. LANFORD withdrew his objection to S. 48 however, other objections remained upon the Bill.
Rep. BYRD withdrew her objection to the following Bill whereupon objections were raised by Reps. SHARPE, CATO, R. SMITH, MEACHAM and DAVENPORT.
H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.
Reps. SIMRILL and ROBINSON withdrew their objections to the following Bill whereupon objections were raised by Reps. TRIPP and EASTERDAY.
H. 4136 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL; AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT.
Rep. NEAL withdrew his objection to the following Bill.
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.
Rep. NEAL withdrew his objection to the following Bill.
H. 3201 -- Rep. Simrill: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE AND TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE 1976 CODE.
Rep. SEITHEL withdrew her objection to S. 463 however, other objections remained upon the Bill.
Rep. ANDERSON withdrew his objection to the following Bill whereupon objections were raised by Reps. ELLIOTT, R. SMITH, HUFF, MEACHAM, HARWELL, ASKINS and WILDER.
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Rep. KEYSERLING withdrew his objection to the following Bill.
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.
Rep. GOVAN asked unanimous consent to recall H. 4079 from the Committee on Labor, Commerce and Industry.
Rep. WOFFORD objected.
Rep. L. WHIPPER moved to reconsider the vote whereby H. 4139 was given a second reading and the motion was noted.
The following Concurrent Resolution was taken up.
H. 3715 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO ADOPT THE JOINT RULES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES FOR THE 1995 AND 1996 SESSIONS OF THE GENERAL ASSEMBLY.
Amend Title To Conform
Be it resolved by the House of Representatives, the Senate concurring:
That the following rules are adopted as the Joint Rules of the Senate and the House of Representatives for the 1995 and 1996 Sessions of the General Assembly:
Every Bill shall receive three readings on three several days in the House in which it originates before it is sent to the other House.
All messages between the two Houses must be in writing and numbered in regular sequence for each session, except that messages announcing the organization of either House, or its readiness to adjourn pursuant to Joint Resolution, may be as directed by the presiding officer.
When the two Houses meet for any purpose, the President of the Senate shall preside and discharge the duties of the Joint Assembly. If he is unable to do so, the President Pro Tempore of the Senate shall preside in his place and stead. If neither is able to preside, the Speaker of the House shall preside in their absence.
Questions of difference between the two Houses shall be referred to Committees of Conference as follows:
If the disagreement concerns a Resolution, Bill, or Report adopted by one House and sent to the other House for consideration, and it be proposed to amend such Resolution, Bill, or Report, the House in possession of the paper will send a message to the other House containing the amendment proposed. If that House disagrees to the amendment, it will return a message accordingly. If the House proposing the amendment still desires to urge it, it will send a message to the other House, insisting upon its amendment, and asking that a Committee of Conference may be appointed at the same time naming its own Committee of Conference. This must be granted as of course. The Committee of Conference shall meet in Joint Session and shall formulate and submit its report in writing to both Houses. If the Joint Committee of Conference fails to agree upon any plan of settlement, or its Report is not concurred in by both Houses the Resolution, Bill, or Report is lost. Provided, that the Conference Committee does not have the power to insert any new matter not found in the Senate or House version of the Bill, Resolution, or Report in disagreement. Nor does the Conference Committee have power to alter or delete any matter agreed upon by both Houses in such Resolution, Bill, or Report, and in the case of appropriation of money it does not have the power to exceed the maximum or go below the minimum found in either the Senate or House version. Provided, further, that upon the approval of two-thirds vote of the entire membership of the Senate and the House separately taken any Resolution, Bill, or Report may be referred to a Committee of Free Conference. Provided, further, that any new matter inserted in an Appropriation Bill by a Free Conference Committee may be stricken upon motion carried by majority vote in either the Senate or the House of Representatives and that all new matter, including any appropriation which is in excess of the maximum amount passed by either the Senate or the House, contained in a report of a Free Conference Committee, must be italicized except that in the event any question arises as to what constitutes new matter the same must be resolved by the presiding officer of each body.
Provided, further, it is always in order before the adoption of the report of the Committee of Free Conference to move to recommit it to the same Committee of Free Conference notwithstanding that either House had adopted the report. If that motion prevails (by a majority vote of either House) a message must be sent to the other House informing them of that action. Upon receipt of the message, notwithstanding the previous adoption of report of the Committee of Free Conference, a motion is in order to recommit the report to the same Committee of Free Conference.
When a Bill or Resolution or any other matter which has passed in one House is rejected in the other, notice must be given to that House in which the same has passed.
Each House shall transmit to the other all papers upon which any Bill or Resolution or Report sent to it for consideration has passed.
All Bills that have been read three times in each House and have been duly engrossed and become Acts must be returned into the possession of the Clerk of that House in which the Bills originated. A day for the ratification of them in the Senate Chamber must be fixed by a message between the two Houses. At the time appointed, the Speaker of the House, attended by the Clerk of the House and Sergeant-at-Arms, in the official costume, with the members of the House, shall repair to the Senate Chamber, the Clerk of the House taking with him the House Acts which are to be ratified. The Senate, with its officers, shall duly receive the House and its officers, the Clerk of the Senate having in his possession the Senate Acts which are to be ratified. At this time, the President of the Senate and Speaker of the House shall interchangeably sign and present to each other the Acts from their respective Houses by their respective titles; and when they are all signed and ratified, they must be left with the Clerk of the Senate, and the Speaker with the House and its officers, shall retire to the Hall of the House. The Clerk of the Senate shall immediately deliver the Acts to the Governor for his action, making a note on each Act of the day and hour of its delivery.
All Joint Assemblies for whatever purpose shall convene at the hour set in the Concurrent Resolution adopted by both the Senate and the House calling for the convening of the Joint Assembly. Only matters set forth in the Concurrent Resolution setting the Joint Assembly may be considered in the Joint Assembly and no Concurrent Resolution may set a Joint Assembly less than three calendar days in advance of the Joint Assembly.
(A) In a Joint Assembly, when a vote is being taken, no member may change his vote after it has been announced and recorded but a member who did not vote when his name was called may do so before the result has been duly announced.
(B) In all elections held by the Joint Assembly nominations to fill the vacancies must be called for by the presiding officer, and all seconds of nominations must be forwarded to the desk after the presiding officer shall declare that 'It appears to the Chair that no further nominations are to be made'.
(C) Seconds to nominations are then in order until the motion to 'proceed to a ballot' is made and adopted. No nominations or seconding speeches are allowed unless by previously arranged Concurrent Resolutions providing for it.
(D) If there is only one nomination to fill any one vacancy, it is permissible to elect and declare the election by viva voce vote.
(E) In elections where there are more nominations than there are vacancies, and the Presiding officers of each House consider it necessary, there must be appointed on behalf of the Senate by the President of the Senate such Senators and the Assistant Clerk of the Senate and by the Speaker of the House of Representatives such Representatives and the Assistant Clerk of the House of Representatives who shall serve as tellers for the pending election. The Reading Clerks of the respective Houses shall call the respective rolls, but nothing in this rule shall prevent the House, with unanimous consent from the Joint Assembly, from voting by electronic means available in the Chamber at the time of the vote.
In all elections in the Joint Assembly the doors of the Hall of the House of Representatives must be closed and no person other than members, Clerks, and attaches of the two Houses must be allowed within the Hall of the House of Representatives; provided, however, that the gallery must be open to visitors. The Sergeant-at-Arms of the two Houses and the doorkeepers are charged with enforcement of this rule.
(A) There is created a joint committee to be designated as the Committee on Invitations to be composed of six members, three of whom must be appointed by the President of the Senate from the members of that body and three of whom must be appointed by the Speaker of the House of Representatives from the members of that body.
(B) Invitations may be issued only to the Invitations Committee. Any invitations extended to the General Assembly to attend any functions held on a statewide legislative day between the hours of eight o'clock a.m. and seven o'clock p.m. must be referred to this committee at least ten days in advance in order that it may determine what legislation or other pertinent matters may be pending before the General Assembly and its committees before action is taken on this invitation. The General Assembly may accept only one invitation each day after six o'clock p.m. The General Assembly shall accept no invitations to any functions other than a breakfast or luncheon before six o'clock p.m. No invitations to functions for the General Assembly as a whole may be accepted after the third Thursday in May.
(C)(1) The committee shall not recommend the extension of an invitation:
(a) to any person or group to address the Joint Assembly or to appear unless the person or group is of significant national or state prominence at the time the invitation is extended and will bring a message of major importance to the General Assembly; or
(b) to any individual or group for any artistic performance before the Joint Assembly during the established hours of meeting. (2) After recommending the extension of an invitation by a report to the Senate and the House, both bodies must adopt a Concurrent Resolution to officially extend an invitation to this person or group.
Any Bill or Joint Resolution may be engrossed, amended, enrolled, or ratified by the use of necessary printed or typewritten material, or a combination of them, which has been duly certified.
The General Appropriation Bill and Supplemental Appropriation Bills shall include only provisions for appropriating funds, provisions affecting revenue, and rules, regulations, and procedures relative to it; and no provision of an Appropriation Bill, and no amendment to it is in order unless its substantial effect is directly germane to these purposes. No provision may be put in a permanent part of this Bill unless it relates directly with an appropriation being made or revenue provided in it for the fiscal year referred to in the Bill. The provisions of this rule shall be strictly construed and no precedents established, prior to January 1, 1986, in construing this paragraph may be considered. The provisions of this rule must be narrowly and strictly construed with regard to all provisions of and amendments to the General Appropriation Bill and Supplemental Appropriations Bills.
(A) Upon the receipt from a state agency of administrative regulations for legislative review pursuant to the Administrative Procedures Act, the Lieutenant Governor and the Speaker of the House shall have the regulations delivered to the Clerk of the State Register for initial processing. The Clerk shall place the regulations in a regulation cover and enter on the cover the name of the promulgating agency, the chapter number assigned to the agency for codification of its regulations, the statutory authority for promulgating the regulations, a brief title, the dates the regulations were received by the Speaker and the Lieutenant Governor and based on the date of receipt, the expiration of the one hundred twenty-day period which would allow the regulations to become effective without legislative action. Separate and distinctive covers must be used for the Senate and the House. Each set of regulations relating to the same subject shall have a separate cover and be assigned a document number which must be the same for identical regulations submitted to both Houses. After entry of the above preliminary information the Clerk of the State Register shall deliver the regulations to the Clerks of the respective Houses. When the Lieutenant Governor and the Speaker refer the regulations to a standing committee, the Clerks of the respective Houses shall enter upon the regulation cover the committee of reference, notify the Clerk of the State Register of the committee referrals, and deliver the regulations in the cover to the committee concerned. The Clerks of both Houses shall have printed in their journals appropriate information as to the receipt and reference of these regulations.
(B)(1) When any standing committee takes action on regulations referred to it, the committee shall notify the Clerk of the State Register of this action. The Clerk of the State Register is responsible for monitoring and coordinating legislative actions on regulations between both Houses, and based on these actions, the computation of revised legislative review expiration dates and publication as final in the South Carolina State Register.
(2) If the committee introduces a Joint Resolution approving or disapproving regulations, a copy of the regulation text must be attached to the Resolution.
(C) Upon the receipt from a state agency of a letter of agency action responding to a committee request to withdraw or resubmit a regulation, the Lieutenant Governor and the Speaker of the House shall have the letter of agency action delivered to the Clerk of the State Register for processing. The Clerk shall attach the letter of agency action and any resubmitted regulations to a cover sheet stating the action, status, and revised expiration date. The Clerk of the State Register shall deliver the documents to the Clerks of the respective Houses. The Clerks of both Houses shall have printed in their journals appropriate information as to the receipt and reference of such regulations or agency action.
(D) Upon sine die adjournment in each year the Clerk of the State Register shall notify standing committees of both Houses of pending regulations, and the sine die revised legislative review expiration dates.
(E) The Clerk of the State Register is responsible for preparation and printing of regulation covers in a format approved by the Lieutenant Governor and the Speaker of the House of Representatives.
The Clerks of the House and Senate shall prepare forms for Concurrent Resolutions expressing the sympathy or congratulations of the members of both Houses. Any member wishing to sponsor this Resolution shall forward in writing, on a form prepared by the Clerks, information sufficient to prepare the Resolution. The Clerk of the body where the Resolution is to be introduced shall prepare the Resolution. Both the Speaker of the House and the President of the Senate shall sign the Resolution on behalf of the membership. These Resolutions may not be read to the House or Senate or printed in their respective journals except upon the request of ten members of that House.
Every General Appropriation Bill and Supplemental Appropriation Bill for the ordinary expenses of state government must, prior to third reading in both Houses and prior to final concurrence by both Houses, and conference and free conference reports must have attached to it a certificate from the Budget Division of the Budget and Control Board and certification from the Board of Economic Advisors stating that in their opinion the totals of the appropriations in it provided for are not in excess of the estimated total revenue of the State for those purposes, including appropriations and revenue which may be provided for in the Bill or any other Bill previously enacted for the fiscal year to which the Appropriation Bill is applicable. Each General Appropriation Bill and each Supplemental Appropriation Bill shall conform to the requirements of Section 11-11-140, South Carolina Code of Laws, as amended.
No provisions of these Joint Rules may be suspended, even by unanimous consent. Amendments to the Joint Rules may be made by Concurrent Resolution passed by both the Senate and House of Representatives by a two-thirds vote of the entire membership.
The Rules Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1942DW.95), which was adopted.
Amend the resolution, as and if amended, page 1, beginning on line 36, by striking /communicated orally by the Clerk in person/ and inserting /as directed by the presiding officer/. When amended Rule 2 shall read:
All messages between the two Houses must be in writing and numbered in regular sequence for each session, except that messages announcing the organization of either House, or its readiness to adjourn pursuant to Joint Resolution, may be as directed by the presiding officer./
Amend further, page 4, beginning on line 31, by striking /and no member shall second any of the nominations until/ and inserting /and all seconds of nominations must be forwarded to the desk after/. When amended Rule 9(B) shall read:
/(B) In all elections held by the Joint Assembly nominations to fill the vacancies must be called for by the presiding officer, and all seconds of nominations must be forwarded to the desk after the presiding officer shall declare that 'It appears to the Chair that no further nominations are to be made'./
Amend further, page 5, line 39, by inserting after /invitation./ /The General Assembly may accept only one invitation each day after six o'clock p.m./. When amended Rule 11(B) shall read:
/(B) Invitations may be issued only to the Invitations Committee. Any invitations extended to the General Assembly to attend any functions held on a statewide legislative day between the hours of eight o'clock a.m. and seven o'clock p.m. must be referred to this committee at least ten days in advance in order that it may determine what legislation or other pertinent matters may be pending before the General Assembly and its committees before action is taken on this invitation. The General Assembly may accept only one invitation each day after six o'clock p.m. The General Assembly shall accept no invitations to any functions other than a breakfast or luncheon before six o'clock p.m. No invitations to functions for the General Assembly as a whole may be accepted after the third Thursday in May./
Amend further, page 6, lines 24 through 34, by striking Rule 13 in its entirety which reads:
Rules governing practice and procedure of all courts of the State, submitted to the General Assembly for consideration, must be given priority by the Judiciary Committee of each House and upon being reported out of the Committee must be set for special order for consideration on the calendar but not ahead of other matters previously set for special order./
Renumber rules to conform.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. HUFF.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.
Reps. THOMAS, JENNINGS, CLYBURN, BEATTY, BAXLEY, DELLENEY, MARTIN, HARRISON and HUFF proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10055JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three five hundred weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence."/
Amend title to conform.
Rep. THOMAS explained the amendment.
Rep. CATO spoke against the amendment.
Rep. CLYBURN spoke in favor of the amendment.
Rep. CATO moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Boan Brown, H. Cain Carnell Cato Cotty Dantzler Davenport Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Herdklotz Hodges Keegan Kelley Kirsh Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Townsend Tripp Vaughn Waldrop Walker Whatley Wilder Wilkins Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Breeland Byrd Cave Clyburn Cobb-Hunter Cooper Cromer Delleney Felder Govan Harris, J. Harrison Hines Howard Hutson Inabinett Jennings Keyserling Knotts Lloyd Martin McCraw McMahand Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Smith, D. Stoddard Tucker Whipper, L. Whipper, S. White Williams Witherspoon Young, J.
So, the amendment was tabled.
Keegan (Present) Nay
McElveen (Absent) Aye
Reps. ROBINSON and SMITH proposed the following Amendment No. 2, which was tabled.
To strike all that after the enacting words and inserting:
Title 42 of the S.C. Code of Laws is hereby repealed.
Rep. ROBINSON explained the amendment.
The SPEAKER granted Rep. BOAN a leave of absence for the remainder of the day.
Rep. ROBINSON continued speaking.
Rep. CATO moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Breeland Brown, G. Brown, H. Brown, J. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Felder Fleming Fulmer Gamble Govan Hallman Harrell Harrison Harvin Herdklotz Hines Hodges Howard Hutson Inabinett Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limehouse Lloyd Marchbanks McCraw McMahand Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Riser Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Tripp Trotter Tucker Vaughn Waldrop Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Baxley Delleney Fair Harris, J. Jennings Martin Robinson Smith, D. Thomas
So, the amendment was tabled.
Rep. CATO moved immediate cloture on the entire matter.
Rep. WHITE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Brown, H. Cain Cato Chamblee Cooper Dantzler Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Harvin Herdklotz Hutson Kelley Kirsh Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Neilson Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Baxley Beatty Breeland Byrd Carnell Cobb-Hunter Cotty Cromer Davenport Delleney Felder Govan Harrison Hodges Howard Inabinett Jennings Keegan Keyserling Knotts Lloyd Martin McMahand Moody-Lawrence Neal Phillips Rogers Scott Sheheen Shissias Thomas Whipper, L. Whipper, S. White Wilkes Williams
So, immediate cloture was ordered.
Rep. BAXLEY 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:
Anderson Baxley Beatty Breeland Brown, G. Delleney Felder Hodges Howard Martin McMahand Moody-Lawrence Scott Sheheen Whipper, L. Whipper, S. White
Those who voted in the negative are:
Allison Askins Bailey Brown, H. Brown, J. Cain Carnell Cato Chamblee Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Harvin Harwell Herdklotz Hutson Inabinett Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw Meacham Neilson Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Whatley Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to adjourn.
Rep. HARRISON moved to recommit the Bill.
Rep. CATO moved to table the motion.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Elliott Fair Fleming Fulmer Gamble Harrell Harris, J. Herdklotz Hutson Keegan Kelley Kinon Kirsh Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Neilson Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Whatley Wilder Wilkins Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Beatty Breeland Byrd Cave Clyburn Cobb-Hunter Cromer Delleney Felder Govan Harrison Harvin Howard Jennings Keyserling Knotts Lloyd Martin McMahand Moody-Lawrence Neal Scott Sheheen Smith, D. Thomas Whipper, L. Whipper, S. White Williams Young, J.
So, the motion to recommit was tabled.
Rep. THOMAS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BBM\10126JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three hundred one thousand weeks. The compensation for partial loss of use of the back shall be such proportions of the periods of payment herein provided for total loss as such partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed to have suffered total and permanent disability and compensated therefor under paragraph two of Section 42-9-10."/
Amend title to conform.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\BBM\10125JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three fifteen hundred weeks. The compensation for partial loss of use of the back shall be such proportions of the periods of payment herein provided for total loss as such partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed to have suffered total and permanent disability and compensated therefor under paragraph two of Section 42-9-10."/
Amend title to conform.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\BBM\10114JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three five hundred weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty forty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence."/
Amend title to conform.
Rep. THOMAS explained the amendment.
Rep. CATO moved to table the amendment.
Rep. THOMAS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Brown, H. Cain Carnell Cato Chamblee Cotty Dantzler Davenport Easterday Elliott Fair Fleming Gamble Hallman Harrell Herdklotz Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Law Limehouse Littlejohn Marchbanks Mason McCraw Meacham Phillips Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Smith, R. Spearman Stille Stuart Townsend Trotter Vaughn Waldrop Walker Whatley Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Beatty Breeland Brown, J. Byrd Cave Clyburn Cobb-Hunter Cromer Delleney Govan Harris, J. Harrison Harvin Howard Jennings Lloyd Martin McMahand Moody-Lawrence Neal Neilson Thomas Tucker Whipper, L. Whipper, S. White Williams Young, J.
So, the amendment was tabled.
Rep. THOMAS proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\BBM\10118JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three five hundred weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed presumed to have suffered total and permanent disability and compensated therefor under paragraph two of Section 42-9-10 loss of earnings capacity, in which event the injured employee shall be paid the difference in wages until such loss ceases or for life, and if loss is greater than fifty percent, payments shall continue for life."/
Amend title to conform.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\BBM\10117JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three five hundred weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence. When determining disability the employee's age, education, past employment, and abilities must be considered."/
Amend title to conform.
Rep. BAXLEY explained the amendment.
Rep. CATO moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Brown, H. Cain Carnell Cato Chamblee Cotty Dantzler Davenport Easterday Elliott Fair Fulmer Gamble Hallman Harrell Herdklotz Keegan Kelley Kirsh Knotts Koon Law Limehouse Marchbanks Mason McCraw Moody-Lawrence Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Townsend Trotter Vaughn Waldrop Walker Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Breeland Cave Clyburn Cromer Delleney Govan Harris, J. Harrison Harvin Howard Jennings Keyserling Kinon Lloyd Martin McMahand Rogers Thomas Tucker Whipper, L. Whipper, S. White Young, J.
So, the amendment was tabled.
Rep. THOMAS proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\BBM\10116JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three nine hundred fifty weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence."/
Amend title to conform.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\BBM\10115JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three hundred fifty weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence."/
Amend title to conform.
Rep. MARTIN explained the amendment.
Rep. A. YOUNG moved to table the amendment.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Fair Fleming Fulmer Gamble Hallman Harrell Herdklotz Keegan Kelley Keyserling Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Townsend Vaughn Waldrop Walker Whatley Wilder Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Byrd Cave Clyburn Cobb-Hunter Cromer Delleney Govan Harris, J. Harrison Harvin Hines Jennings Kinon Lloyd Martin McMahand Moody-Lawrence Rogers Scott Thomas Tucker Whipper, L. Whipper, S. Williams
So, the amendment was tabled.
Rep. THOMAS proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\BBM\10119JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three five hundred weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence. If total and permanent disability is rebutted, mandatory vocational rehabilitation must be provided. Compensation shall be paid during rehabilitation."/
Amend title to conform.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\BBM\10120JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three six hundred fifty weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence."/
Amend title to conform.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\BBM\10121JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three seven hundred weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence."/
Amend title to conform.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\BBM\10122JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three seven hundred fifty weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence."/
Amend title to conform.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\BBM\10123JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three eight hundred weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence."/
Amend title to conform.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\BBM\10124JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three eight hundred fifty weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence."/
Amend title to conform.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\DKA\3893JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three four hundred weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence."/
Amend title to conform.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\DKA\3896JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three six hundred weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence."/
Amend title to conform.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\DKA\3895JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three five hundred fifty weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence."/
Amend title to conform.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\DKA\3894JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three four hundred fifty weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence."/
Amend title to conform.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\BBM\10127JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three hundred weeks. The compensation for partial loss of use of the back shall be such proportions of the periods of payment herein provided for total loss as such partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed to have suffered total and permanent disability and compensated therefor under paragraph two of Section 42-9-10 until the age of sixty-five."/
Amend title to conform.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\BBM\10113JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three nine hundred weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence."/
Amend title to conform.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. BAXLEY spoke against the Bill and moved to table the Bill.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Breeland Cave Clyburn Delleney Govan Harris, J. Harrison Hines Howard Inabinett Jennings Lloyd Martin McMahand Moody-Lawrence Neal Rogers Scott Sheheen Thomas Whipper, L. Whipper, S. White Williams
Those who voted in the negative are:
Allison Askins Bailey Brown, G. Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Harvin Herdklotz Hodges Hutson Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tucker Vaughn Waldrop Walker Whatley Wilder Wilkins Witherspoon Wofford Wright Young, A.
So, the House refused to table the Bill.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Brown, G. Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Harvin Herdklotz Hodges Hutson Inabinett Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McMahand Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tucker Vaughn Waldrop Walker Whatley Whipper, S. Wilder Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Baxley Breeland Brown, J. Cave Clyburn Delleney Harris, J. Harrison Jennings Lloyd Martin Neal Scott Whipper, L. White Williams
So, the Bill was read the second time and ordered to third reading.
I was out of the chamber when H. 3838 was voted on. I would like for my vote to be recorded in the affirmative Yes.
Rep. HAROLD G. WORLEY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 3838 General Subject Matter: Workers' Comp
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. THOMAS E. HUFF
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 3838 General Subject Matter: Workers' Comp
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TERRY E. HASKINS
The following Bill was taken up.
H. 3549 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-56-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR PERMITS AND PERMIT ISSUANCE UNDER THE "SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT", SO AS TO PROVIDE FOR THE FORMS OF FINANCIAL ASSURANCE REQUIRED TO ENSURE THE AVAILABILITY OF FUNDS FOR CLEAN-UP COSTS AND RESTORATION OF ENVIRONMENTAL IMPAIRMENT ARISING FROM A FACILITY.
Rep. SHARPE moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.
Rep. SHARPE moved that the House recur to the morning hour, which was rejected.
Rep. SCOTT 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:
Anderson Bailey Breeland Carnell Cave Chamblee Cobb-Hunter Hines Hodges Klauber Lloyd Martin McMahand Moody-Lawrence Neal Phillips Rhoad Rogers Scott Sheheen Waldrop Whipper, L. Whipper, S. White Williams
Those who voted in the negative are:
Allison Askins Baxley Brown, G. Brown, H. Cain Cato Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Fulmer Gamble Hallman Harrell Harris, J. Harrison Harvin Haskins Herdklotz Huff Hutson Inabinett Jennings Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Neilson Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Vaughn Walker Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to adjourn.
The following Bill was taken up.
H. 3599 -- Rep. Richardson: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN OTHER EMPLOYMENTS FROM TITLE 42, WORKERS' COMPENSATION, SO AS TO ADD TO THE LIST OF SUCH EXEMPTIONS EMPLOYEES COVERED BY THE LONGSHORE & HARBOR WORKERS' COMPENSATION ACT.
Rep. BREELAND proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10218JM.95), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Any employer or workers' compensation carrier who takes credit for benefits paid under Title 42 of the 1976 Code pursuant to 33 U.S.C. 903(e) shall reimburse the employer or carrier who originally paid the benefits under Title 42 in the same amount as the credit taken plus simple interest at the rate prescribed by 28 U.S.C. 1961(a).
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. BREELAND explained the amendment.
Rep. RICHARDSON moved to table the amendment.
Rep. BREELAND demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 30 to 20.
Rep. HARRISON moved that the House recur to the morning hour, which was agreed to by a division vote of 63 to 14.
Further proceedings were interrupted by the House recurring to the morning hour, the pending question being consideration of the Bill.
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 397 -- Senator Ryberg: A BILL TO AMEND SECTION 61-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES UNDER WHICH A PARTIAL REFUND IS ALLOWED OF A LICENSED BEER, WINE, OR ALCOHOLIC LIQUOR LICENSE OR PERMIT FEE, SO AS TO PROVIDE A PARTIAL REFUND FOR ANY REASON WHICH RESULTED IN THE CLOSE OF THE LICENSED OR PERMITTED ESTABLISHMENT DURING THE FIRST YEAR OF THE BIENNIAL PERIOD AND TO PROVIDE FOR SUCH REFUNDS FOR BIENNIAL LICENSES OR PERMITS ISSUED AFTER JUNE 30, 1992.
Referred to Committee on Judiciary.
S. 696 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 142 SO AS TO ESTABLISH THE SOUTH CAROLINA NEED-BASED GRANT PROGRAM WHERE QUALIFYING UNDERGRADUATE STUDENTS IN A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THE STATE OF SOUTH CAROLINA MAY RECEIVE STATE GRANTS FOR TUITION AND FEES AT THESE INSTITUTIONS, AND TO PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES FOR THESE NEED-BASED GRANTS.
Referred to Committee on Education and Public Works.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. JASKWHICH having the floor.
H. 3584 -- Reps. Allison and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 1995 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR SUCH OFFICES FROM REQUESTING OR ACCEPTING CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM SUGGESTING POLITICAL PARTY AFFILIATION ON CAMPAIGN LITERATURE.
Rep. ALLISON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3905 -- Reps. Wright, Quinn and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-45 SO AS TO PROVIDE A PROCEDURE FOR REIMBURSING A SCHOOL DISTRICT FOR COSTS TO THE DISTRICT OF EDUCATING A CHILD NOT A RESIDENT OF THE SCHOOL DISTRICT HE ATTENDS.
Rep. TOWNSEND made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 46 -- Senators Jackson, Elliott, Rose and Washington: A BILL TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, AND 20-7-2900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF LICENSES FOR PRIVATE DAY CARE CENTERS AND RENEWAL THEREOF, APPROVAL OF PUBLIC DAY CARE CENTERS AND RENEWAL THEREOF, THE REGISTRATION OF OPERATORS OF FAMILY DAY CARE HOMES, AND THE ISSUANCE OF LICENSES FOR OR THE REGISTERING OF CHURCH DAY CARE CENTERS, SO AS TO REQUIRE THAT ALL PERSONS APPLYING FOR A LICENSE AS AN OPERATOR OF OR AN EMPLOYEE AT DAY CARE FACILITIES MUST UNDERGO A FINGERPRINT REVIEW TO BE CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION AND TO PROHIBIT THE ISSUANCE OF DAY CARE LICENSES IF SUCH OPERATORS OR EMPLOYEES HAVE BEEN CONVICTED OF CERTAIN CRIMES AND TO AMEND CHAPTER 7 OF TITLE 20 BY ADDING SECTION 20-7-2720, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MAY NOT CHARGE MORE THAN TEN DOLLARS FOR STATE BACKGROUND CHECKS REQUIRED FOR CHILD CARE FACILITIES.
Rep. HERDKLOTZ made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 602 -- Senators Short, Jackson, Gregory and Giese: A BILL TO AMEND SECTION 34-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND REPORTS OF RESTRICTED LENDERS, BY ADDING INFORMATION REQUIRED TO BE REPORTED IN THE ANNUAL REPORT MADE BY RESTRICTED LENDERS; TO AMEND SECTION 34-29-140 OF THE 1976 CODE, RELATING TO CHARGES PERMITTED TO RESTRICTED LENDERS, SO AS TO REVISE THE FINANCE CHARGES AND TO PROVIDE LIMITATIONS ON LOAN RENEWALS; TO AMEND SECTION 37-1-301 OF THE 1976 CODE, RELATING TO DEFINITIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO ADD A DEFINITION FOR "DEBT COLLECTOR"; TO AMEND SECTION 37-1-303 OF THE 1976 CODE, RELATING TO THE INDEX OF DEFINITIONS IN TITLE 37, SO AS TO ADD "DEBT COLLECTOR"; TO AMEND SECTION 37-3-201 OF THE 1976 CODE, RELATING TO LOAN FINANCE CHARGES FOR SUPERVISED LOANS, SO AS TO PROVIDE THAT SUPERVISED LOANS NOT EXCEEDING SIX HUNDRED DOLLARS SHALL BE MADE IN ACCORDANCE WITH SECTION 34-29-140 RELATING TO FINANCE CHARGES FOR RESTRICTED LOANS; TO AMEND SECTION 37-3-305 OF THE 1976 CODE, RELATING TO THE POSTING AND FILING OF MAXIMUM RATE SCHEDULES BY SUPERVISED LENDERS, SO AS TO PROVIDE THAT FOR LOANS NOT EXCEEDING SIX HUNDRED DOLLARS, A RATE MAY NOT BE POSTED WHICH EXCEEDS THE CHARGES IMPOSED IN SECTION 34-29-140; TO AMEND SECTION 37-3-505 OF THE 1976 CODE, RELATING TO RECORDS AND ANNUAL REPORTS FOR SUPERVISED LENDERS, SO AS TO ADD INFORMATION REQUIRED TO BE INCLUDED IN THE ANNUAL REPORT OF SUPERVISED LENDERS; TO AMEND PART 5, CHAPTER 3, TITLE 37 OF THE 1976 CODE, BY ADDING SECTION 37-3-515 SO AS TO PROVIDE A LIMITATION ON LOAN RENEWALS; TO AMEND SECTION 37-5-108 OF THE 1976 CODE, RELATING TO UNCONSCIONABILITY UNDER THE CONSUMER PROTECTION CODE, BY ADDING PARTICULAR CIRCUMSTANCES WHICH CONSTITUTE UNCONSCIONABILITY AND PROVIDING REMEDIES; TO AMEND SECTION 37-6-117 OF THE 1976 CODE, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES OF THE ADMINISTRATION OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO REQUIRE THE ADMINISTRATION TO DEVISE A PAMPHLET FOR DISTRIBUTION TO CERTAIN CONSUMERS INFORMING THEM OF THEIR RIGHTS; AND TO AMEND SECTION 37-9-102 OF THE 1976 CODE, RELATING TO THE LICENSURE ELECTION, SO AS TO PROVIDE THAT CERTAIN SUPERVISED LENDERS MAY ELECT TO BE RESTRICTED LENDERS.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 4144 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES AND UNIT STANDARDS FOR TEACHER EDUCATION PROGRAM APPROVAL IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1835, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 4145 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE AND TAXATION, RELATING TO VIDEO GAME MACHINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1827, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HASKINS made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. H. BROWN moved to waive Rule 5.12 on the following Bill, which was agreed to by a division vote of 64 to 14.
H. 4146 -- Ways and Means Committee: A BILL TO AMEND THE 1976 CODE BY ADDING CHAPTER 28 TO TITLE 12 SO AS TO CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING AN EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW; AND TO REPEAL SECTIONS 39-41-20, 39-41-30, 39-41-40, 39-41-50, 39-41-60, 39-41-100, 39-41-110, 39-41-120, 39-41-130, AND 39-41-140 RELATING TO PETROLEUM AND PETROLEUM PRODUCTS, SECTIONS 12-27-210, 12-27-220, 12-27-230, 12-27-240, 12-27-250, 12-27-260, 12-27-270, 12-27-280, 12-27-300, 12-27-310, 12-27-320, 12-27-330, 12-27-340, 12-27-350, 12-27-360, 12-27-510, 12-27-520, 12-27-530, 12-27-540, 12-27-550, 12-27-560, 12-27-570, 12-27-580, 12-27-590, 12-27-600, 12-27-610, 12-27-710, 12-27-720, 12-27-730, 12-27-740, 12-27-750, 12-27-760, 12-27-770, 12-27-780, 12-27-790, 12-27-800, 12-27-810, 12-27-820, 12-27-830, 12-27-1010, 12-27-1110, 12-27-1120, 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, 12-27-1250, 12-27-1260, 12-27-1265, AND 12-27-1510 RELATING TO GASOLINE TAXES, SECTIONS 12-29-10, 12-29-20, 12-29-30, 12-29-40, 12-29-110, 12-29-120, 12-29-130, 12-29-140, 12-29-150, 12-29-310, 12-29-320, 12-29-340, 12-29-350, 12-29-360, 12-29-370, 12-29-380, 12-29-390, 12-29-400, 12-29-410, 12-29-420, 12-29-430, 12-29-440, 12-29-610, 12-29-620, and 12-29-630 RELATING TO THE TAX ON MOTOR FUELS OTHER THAN GASOLINE, AND ARTICLE 1, CHAPTER 27, TITLE 12, RELATING TO GENERAL PROVISIONS FOR GASOLINE TAXES.
The following Bill was taken up.
H. 4146 -- Ways and Means Committee: A BILL TO AMEND THE 1976 CODE BY ADDING CHAPTER 28 TO TITLE 12 SO AS TO CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING AN EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW; AND TO REPEAL SECTIONS 39-41-20, 39-41-30, 39-41-40, 39-41-50, 39-41-60, 39-41-100, 39-41-110, 39-41-120, 39-41-130, AND 39-41-140 RELATING TO PETROLEUM AND PETROLEUM PRODUCTS, SECTIONS 12-27-210, 12-27-220, 12-27-230, 12-27-240, 12-27-250, 12-27-260, 12-27-270, 12-27-280, 12-27-300, 12-27-310, 12-27-320, 12-27-330, 12-27-340, 12-27-350, 12-27-360, 12-27-510, 12-27-520, 12-27-530, 12-27-540, 12-27-550, 12-27-560, 12-27-570, 12-27-580, 12-27-590, 12-27-600, 12-27-610, 12-27-710, 12-27-720, 12-27-730, 12-27-740, 12-27-750, 12-27-760, 12-27-770, 12-27-780, 12-27-790, 12-27-800, 12-27-810, 12-27-820, 12-27-830, 12-27-1010, 12-27-1110, 12-27-1120, 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, 12-27-1250, 12-27-1260, 12-27-1265, AND 12-27-1510 RELATING TO GASOLINE TAXES, SECTIONS 12-29-10, 12-29-20, 12-29-30, 12-29-40, 12-29-110, 12-29-120, 12-29-130, 12-29-140, 12-29-150, 12-29-310, 12-29-320, 12-29-340, 12-29-350, 12-29-360, 12-29-370, 12-29-380, 12-29-390, 12-29-400, 12-29-410, 12-29-420, 12-29-430, 12-29-440, 12-29-610, 12-29-620, and 12-29-630 RELATING TO THE TAX ON MOTOR FUELS OTHER THAN GASOLINE, AND ARTICLE 1, CHAPTER 27, TITLE 12, RELATING TO GENERAL PROVISIONS FOR GASOLINE TAXES.
Rep. HARRELL explained the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3201 -- Rep. Simrill: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE AND TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE 1976 CODE.
Rep. DAVENPORT explained the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3745 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT CREATED FOR HISTORICAL PRESERVATION TO CONVEY PROPERTY.
Rep. HARRISON explained the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.
Reps. KIRSH and MOODY-LAWRENCE objected to the Bill.
The following Bill was taken up.
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.
Reps. TOWNSEND, SHARPE, ALLISON, WRIGHT and WILKINS proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\GJK\21736SD.95), which was tabled.
Amend the bill, as and if amended, in Section 59-103-10 of the 1976 Code, as contained in SECTION 1, by striking the second sentence of the section and inserting:
/Two members must be appointed by the Governor from each congressional district, with one such member from each congressional district being appointed by the Governor in his sole discretion and with one such member from each congressional district being appointed by the Governor upon the recommendation of the majority of the legislative delegation members from the district./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND moved to table the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\GJK\21738SD.95), which was tabled.
Amend the bill, as and if amended, in item (2) of SECTION 5, by inserting a new subitem (f) immediately after subitem (e) which begins on line 35, page 5, to read:
/"(f) study and make recommendations on the following items:
(i) changes in the funding formula for higher education to encourage greater efficiency and economy in the operations of the institutions;
(ii) elimination of duplicative degree programs at the various institutions;
(iii) merger or consolidation of institutions;
(iv) guidelines for faculty productivity;
(v) a limitation on state funding for credit hours earned by undergraduate degree-seeking students and graduate degree-seeking students;
(vi) whether institutional procurement practices are exercised in a sound manner;
(vii) whether institutions are properly protecting and maintaining institutional resources;
(viii) whether institutions have in place an adequate system for measuring and reporting performance on economy and efficiency;
(ix) an assessment of the adequacy of institutional management systems for measuring and reporting efficiency in providing quality education relative to the tuition and fees charged by the institution."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. TOWNSEND moved to table the amendment, which was agreed to.
Rep. McTEER proposed the following Amendment No. 10, which was tabled.
Amend the bill, as and if amended, by striking Section 5 in its entirety.
Amend section numbers and title to conform.
Rep. WRIGHT moved to table the amendment, which was agreed to.
Rep. TOWNSEND spoke in favor of the Bill.
The Bill was read the second time and ordered to third reading.
Upon the withdrawal of an objection by Rep. ROGERS the following Bill was taken up.
H. 3567 -- Rep. Quinn: A BILL TO AMEND SECTION 61-1-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, WINE, AND ALCOHOLIC BEVERAGE PERMITS AND LICENSES, SO AS TO DELETE THE PROHIBITION ON THE ISSUE OF A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO ANY PERSON WITHIN THE THIRD DEGREE OF KINSHIP TO THE PERSON WHOSE PERMIT OR LICENSE WAS SUSPENDED AND TO DELETE THE PROHIBITION ON ISSUING A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO A PARTNER OR PERSON WITH A FINANCIAL INTEREST IN THE PREMISES OF THE ESTABLISHMENT FOR WHICH THE PERMIT OR LICENSE WAS SUSPENDED.
Rep. GAMBLE explained the Bill.
The Bill was read the second time and ordered to third reading.
On motion of Rep. L. WHIPPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
H. 3416 -- Reps. L. Whipper, Harrell, S. Whipper, Witherspoon, Shissias, Lloyd, Breeland, Dantzler, Hutson and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.
On motion of Rep. GOVAN, with unanimous consent, the following Bill was recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary.
H. 4079 -- Reps. Govan, Felder, Cobb-Hunter, Stuart, Sharpe and Moody-Lawrence: A BILL TO AMEND SECTION 58-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO APPOINT A MEMBER OF THE BOARD FROM ORANGEBURG COUNTY.
Rep. WRIGHT asked unanimous consent to recall H. 3467 from the Committee on Education and Public Works.
Rep. MOODY-LAWRENCE objected.
Rep. SCOTT asked unanimous consent to recall H. 3814 from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
Rep. TOWNSEND asked unanimous consent that H. 3915 be read a third time tomorrow.
Rep. MOODY-LAWRENCE objected.
Rep. SHEHEEN moved that the House do now adjourn.
Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Baxley Beatty Breeland Brown, H. Brown, J. Byrd Carnell Cave Chamblee Cobb-Hunter Dantzler Delleney Fair Hallman Harvin Hines Hodges Howard Inabinett Jennings Keyserling Kirsh Klauber Law Lloyd Martin McCraw McMahand Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Robinson Rogers Scott Sheheen Stille Stoddard Thomas Townsend Waldrop Whipper, L. Whipper, S. White Williams Wofford
Those who voted in the negative are:
Allison Askins Cain Cato Clyburn Cooper Cotty Cromer Davenport Easterday Elliott Fulmer Gamble Harrell Harris, J. Harrison Harwell Haskins Herdklotz Huff Hutson Keegan Kelley Kinon Knotts Koon Lanford Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Riser Sandifer Seithel Sharpe Shissias Simrill Smith, R. Spearman Stuart Trotter Vaughn Walker Whatley Wilder Wilkins Witherspoon Worley Wright Young, A. Young, J.
So, the House refused to adjourn.
Rep. SANDIFER moved to recall H. 3154 from the Medical, Military, Public and Municipal Affairs Committee.
As a first substitute Rep. SHARPE moved to dispense with the balance of the Motion Period.
As a second substitute Rep. HASKINS moved to recall H. 3467 from the Education and Public Works Committee.
Rep. SHEHEEN moved to table the motion.
Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Breeland Brown, J. Byrd Cain Cave Clyburn Cobb-Hunter Cotty Cromer Elliott Gamble Govan Harris, J. Harrison Hines Hodges Howard Inabinett Jennings Keegan Kelley Kirsh Knotts Lanford Lloyd Martin McMahand Moody-Lawrence Neal Rhoad Richardson Riser Rogers Sandifer Scott Sheheen Shissias Simrill Smith, R. Spearman Stuart Trotter Waldrop Walker Whipper, L. Whipper, S. White Wilder Wilkins Williams
Those who voted in the negative are:
Brown, H. Carnell Cato Cooper Dantzler Davenport Delleney Easterday Fair Hallman Harrell Harvin Haskins Herdklotz Huff Klauber Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Phillips Rice Seithel Stille Stoddard Townsend Vaughn Wofford Worley Wright Young, A. Young, J.
So, the motion to table was agreed to.
As a second substitute Rep. SCOTT moved to recall H. 3772 from the Judiciary Committee.
Rep. COOPER moved to table the motion.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Brown, H. Cain Carnell Cato Chamblee Cooper Davenport Delleney Easterday Fair Harris, J. Harvin Haskins Herdklotz Hodges Huff Kirsh Klauber Koon Lanford Limbaugh Marchbanks Mason McCraw McMahand Meacham Moody-Lawrence Neal Neilson Phillips Rice Robinson Sandifer Sharpe Simrill Smith, R. Stille Townsend Trotter Vaughn Waldrop Walker Whipper, L. Wilkins Witherspoon Young, J.
Those who voted in the negative are:
Allison Askins Bailey Baxley Breeland Brown, J. Byrd Cave Cobb-Hunter Cotty Cromer Dantzler Elliott Fulmer Gamble Govan Hallman Harrell Harrison Hines Howard Inabinett Jennings Keegan Kelley Keyserling Knotts Law Limehouse Littlejohn Lloyd Martin Quinn Rhoad Richardson Riser Rogers Scott Seithel Sheheen Shissias Spearman Stoddard Stuart Thomas Whipper, S. White Williams Wofford Worley Wright
So, the House refused to table the motion to recall H. 3772 from the Judiciary Committee.
The question then recurred to the motion to recall H. 3772 from the Judiciary Committee.
Rep. H. BROWN moved that the House do now adjourn.
Rep. WRIGHT raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. HUFF moved that the House recede for fifteen minutes.
Rep. SHEHEEN raised the Point of Order that the motion to recede was out of order under Rule 8.12 which states that a motion to adjourn, or to take a recess, having been negatived, no new motion to adjourn or take a recess shall be in order until fifteen minutes shall have elapsed.
Rep. HASKINS stated, citing Rule 8.12, that the Rule did not say that you could not move to recede until fifteen minutes had elapsed from a motion to adjourn. He further stated that the reasonable way to refer to the rule would be when the former motion referred to the same motion.
Rep. WALKER stated that there were former rulings where this rule applied to the motions individually and not in combination.
The SPEAKER stated that he had interpreted it to be separate motions and each category was treated separately for purposes of the fifteen minute rule and he overruled the Point of Order.
Rep. HUFF moved that the House do now adjourn.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Brown, G. Brown, H. Cain Carnell Cato Chamblee Cooper Delleney Easterday Fair Harris, J. Harvin Haskins Herdklotz Huff Hutson Kirsh Klauber Koon Lanford Limbaugh Marchbanks Mason McMahand Meacham Neal Rhoad Rice Riser Robinson Sandifer Sharpe Simrill Smith, R. Stille Townsend Trotter Vaughn Waldrop Whipper, L. Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allison Askins Bailey Baxley Breeland Brown, J. Byrd Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Fulmer Gamble Govan Hallman Harrell Harrison Hines Hodges Howard Inabinett Jennings Keegan Kelley Keyserling Knotts Law Limehouse Littlejohn Lloyd Martin McCraw Moody-Lawrence Neilson Phillips Quinn Richardson Rogers Scott Seithel Sheheen Shissias Spearman Stoddard Stuart Thomas Walker Whatley Whipper, S. White Wilder Williams Wofford Worley Wright
So, the House refused to adjourn.
Rep. HASKINS raised the Point of Order that time had expired in the motion period.
Rep. SHEHEEN inquired about the time remaining when Rep. Scott's motion to recall H. 3772 was made and he raised the Point of Order that time had not expired as the clock should not have been running during the Points of Order raised during the motion period.
The SPEAKER stated that Rule 6.3, paragraph 14 (d), stated that the motion period provided for the daily order of business under Rule 6.3 shall be limited to ten minutes only and provided, that time consumed by roll call votes shall not be construed as part of time allotted to said motions. He further stated that the clock did not run during roll call votes during the motion period and that there was not a rule that stated that the clock had to stop during the Points of Order.
Rep. SHEHEEN stated that if the ruling was that on Points of Order, that the clock for the motion period could be consumed, then the Body's right to go into the motion period could be defeated everyday by raising a Point of Order and using the ten minutes.
The SPEAKER stated that if that were the case, then it could be done during the thirty minute uncontested calendar, too.
Rep. SHEHEEN stated that it was his impression that the clock did not run during Points of Order during timed periods.
Rep. HASKINS stated that the Rule should govern the House and it did not provide for stopping the clock during a Point of Order.
The SPEAKER stated that historically the clock had not been stopped during Points of Order during the uncontested period or the motion period.
Rep. SHEHEEN questioned about the clock stopping for Points of Order during the unanimous consent request period.
The SPEAKER stated that there had not been a Point of Order during the unanimous consent request period that he could recall. He further stated that he did not find under Rule 6.3 any requirement that the clock was required to be stopped during Points of Order during the motion period. He further stated that it was stopped during the roll call votes during the motion period and that time had expired and he sustained the Point of Order that the motion period had expired.
Further proceedings were interrupted by expiration of the Motion Period, the pending question being the motion to recall H. 3772 from the Judiciary Committee.
The SPEAKER granted Rep. NEILSON a leave of absence for the remainder of the day to attend a special church service in Darlington.
Rep. SHEHEEN moved that the House recur to the morning hour, which was agreed to by a division vote of 50 to 49.
Rep. HASKINS moved that the House do now adjourn.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Brown, H. Carnell Chamblee Cooper Delleney Easterday Fair Harris, J. Harvin Haskins Herdklotz Huff Kinon Kirsh Klauber Koon Marchbanks Mason McMahand McTeer Meacham Neal Quinn Rhoad Rice Riser Robinson Sharpe Simrill Smith, R. Stille Trotter Vaughn Waldrop Whipper, L. Wilkins Witherspoon Young, J.
Those who voted in the negative are:
Allison Askins Bailey Baxley Breeland Byrd Cain Cato Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Fulmer Gamble Govan Hallman Harrell Harrison Harwell Hines Hodges Howard Hutson Inabinett Jennings Keegan Kelley Keyserling Knotts Lanford Law Limbaugh Limehouse Littlejohn Lloyd Martin McCraw Moody-Lawrence Phillips Richardson Rogers Sandifer Scott Seithel Sheheen Shissias Spearman Stoddard Stuart Thomas Townsend Walker Whatley Whipper, S. White Wilder Williams Wofford Worley Wright Young, A.
So, the House refused to adjourn.
The following was introduced:
H. 4169 -- Reps. Harvin and Kelley: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF RUDOLPH P. BENIK OF MYRTLE BEACH AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. SIMRILL moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
Rep. QUINN moved to rescind Rule 3.9.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Breeland Brown, H. Byrd Carnell Cave Clyburn Cobb-Hunter Cotty Dantzler Delleney Govan Hallman Harris, J. Harvin Harwell Hines Howard Hutson Inabinett Keegan Kelley Keyserling Kinon Kirsh Limbaugh Lloyd Martin McCraw McTeer Moody-Lawrence Phillips Quinn Rhoad Richardson Riser Rogers Scott Sheheen Shissias Spearman Stille Stoddard Stuart Thomas Waldrop Whipper, L. White Wilkins Williams Witherspoon Wofford Worley Wright
Those who voted in the negative are:
Allison Anderson Askins Baxley Brown, G. Cain Cato Chamblee Cooper Cromer Davenport Easterday Fair Fulmer Gamble Harrell Harrison Haskins Herdklotz Hodges Huff Jennings Klauber Knotts Lanford Law Limehouse Littlejohn Marchbanks Mason McMahand Meacham Neal Rice Robinson Sandifer Sharpe Simrill Smith, R. Townsend Trotter Vaughn Walker Whatley Whipper, S. Wilder Young, A. Young, J.
So, Rule 3.9 was rescinded.
Rep. STILLE asked unanimous consent to recall H. 4021 from the Committee on Ways and Means.
Rep. RICHARDSON objected.
Rep. HASKINS asked unanimous consent to recall H. 3467 from the Committee on Education and Public Works.
Rep. MOODY-LAWRENCE objected.
Rep. HUFF asked unanimous consent to recall H. 3900 from the Committee on Judiciary.
Rep. BAXLEY objected.
Rep. HASKINS moved that the House recur to the morning hour.
Rep. SHEHEEN raised the Point of Order that the motion to recur was out of order in that the House was at the same stage of debate as the last time the motion to recur was made and that it was a one hour time limitation.
Rep. HASKINS stated that it was not the same stage and that last time the House was out of the motion period and the House was now in the motion period on a different bill.
The SPEAKER overruled the Point of Order.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Brown, H. Cain Carnell Cato Chamblee Cooper Delleney Easterday Fair Harris, J. Harvin Haskins Herdklotz Huff Hutson Kirsh Klauber Koon Marchbanks Mason McTeer Meacham Quinn Rice Robinson Sandifer Sharpe Simrill Smith, R. Trotter Vaughn Waldrop Whipper, L. Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allison Askins Bailey Baxley Breeland Brown, G. Brown, J. Byrd Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Fulmer Gamble Govan Hallman Harrell Harrison Harwell Hines Hodges Howard Inabinett Jennings Keegan Kelley Keyserling Kinon Knotts Law Limbaugh Limehouse Littlejohn Lloyd Martin Moody-Lawrence Rhoad Richardson Riser Rogers Scott Seithel Sheheen Shissias Spearman Stille Stoddard Stuart Thomas Townsend Walker Whatley Whipper, S. White Wilder Williams Wofford Worley Wright
So, the House refused to recur.
Rep. HUFF moved that the House recede for five minutes and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Brown, H. Cain Carnell Cato Chamblee Cooper Davenport Delleney Easterday Fair Harvin Haskins Herdklotz Huff Kirsh Klauber Koon Lanford Marchbanks Mason Meacham Neal Rice Robinson Sandifer Sharpe Simrill Smith, R. Stille Townsend Trotter Vaughn Waldrop Walker Whipper, L. Wilkins Young, A. Young, J.
Those who voted in the negative are:
Askins Bailey Baxley Breeland Brown, G. Brown, J. Byrd Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Fulmer Gamble Govan Hallman Harrell Harris, J. Harrison Harwell Hines Hodges Howard Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Knotts Law Limbaugh Limehouse Littlejohn Lloyd Martin McCraw Moody-Lawrence Phillips Quinn Rhoad Richardson Riser Rogers Scott Seithel Sheheen Shissias Spearman Stoddard Stuart Thomas Whatley Whipper, S. White Wilder Williams Witherspoon Wofford Worley Wright
So, the House refused to recede.
Rep. HASKINS moved that the House do now adjourn.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Brown, G. Brown, H. Cain Carnell Cato Chamblee Cooper Davenport Delleney Easterday Fair Harris, J. Harvin Haskins Herdklotz Huff Hutson Kinon Kirsh Klauber Koon Lanford Limbaugh Littlejohn Marchbanks Mason McCraw McMahand McTeer Meacham Neal Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Simrill Smith, R. Stille Townsend Trotter Vaughn Waldrop Walker Whipper, L. Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Askins Bailey Baxley Breeland Brown, J. Byrd Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Gamble Govan Hallman Harrell Harrison Harwell Hines Hodges Howard Inabinett Jennings Keegan Kelley Keyserling Knotts Law Limehouse Lloyd Martin Moody-Lawrence Richardson Rogers Scott Seithel Sheheen Shissias Spearman Stoddard Stuart Thomas Whatley Whipper, S. White Wilder Williams Wofford Worley Wright
So, the motion to adjourn was agreed to.
I may have missed some roll call votes during the days deliberations. I was out of the chamber for some period of time meeting with the Attorney General Charlie Condon concerning the Citadel law suit.
Rep. RICHARD M. QUINN, JR.
The Senate returned to the House with concurrence the following:
H. 4143 -- Reps. Robinson, Trotter, Marchbanks, Rice, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY AND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF A TRUE PUBLIC SERVANT AND ONE OF THE FINEST LEGISLATORS IN THIS STATE'S HISTORY, THE HONORABLE B.L. HENDRICKS OF PICKENS COUNTY, WHO PASSED AWAY ON WEDNESDAY, APRIL 19, 1995.
H. 4148 -- Reps. Howard, Anderson, McMahand, Beatty, Moody-Lawrence, Canty, Hines, Cobb-Hunter, Neal, J. Brown, Byrd, Scott, Clyburn, Cave, Govan, Kennedy, Williams, T. Brown, L. Whipper, Breeland, Inabinett, S. Whipper, Lloyd and White: A CONCURRENT RESOLUTION RECOGNIZING THE OCCASION OF W. A. PERRY TASK FORCE APPRECIATION DAY ON APRIL 30, 1995, AND COMMENDING THE MEMBERS OF THE W. A. PERRY TASK FORCE FOR THEIR UNTIRING EFFORTS IN IMPROVING THE QUALITY OF EDUCATION AND OVERALL CONDITIONS AT W. A. PERRY MIDDLE SCHOOL.
H. 4151 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF GENERAL McCANTS, JR., OF MAYESVILLE IN LEE COUNTY.
H. 4152 -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE JULIEN WEINBERG, JUDGE OF PROBATE FOR CLARENDON COUNTY, FOR HIS OUTSTANDING PUBLIC SERVICE AND EXTENDING BEST WISHES FOR A HAPPY RETIREMENT.
H. 4162 -- Rep. Cotty: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND CHARLES RANDOLPH DELK OF RICHLAND COUNTY ON HIS OVER TWENTY YEARS OF SERVICE AS JUDGE OF THE PONTIAC MAGISTRATE'S COURT AND TO WISH HIM GODSPEED AND GOOD HEALTH IN HIS RETIREMENT.
At 6:40 P.M. the House in accordance with the motion of Rep. KELLEY adjourned in memory of R.P. Benik, Sr. of Myrtle Beach, to meet at 10:00 A.M. tomorrow.
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