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:
We thank You, Lord God, that You are surely to be found by those who love You, and heard by those who hush the chatter of the world and in quietness listen with trustful hearts. Forbid that when great opportunities are flaming before us that we should be blinded by the smoke of our own selfish campfires. When great challenges beckon us, save us from giving ourselves to the dead past. May the world be better tomorrow because we have lived and worked today.
And to You, Father God, we give our praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. COTTY moved that when the House adjourns, it adjourn in memory of W. Leslie Robertson of Columbia, which was agreed to.
The following was received.
Columbia, S.C., May 16, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 547:
S. 547 -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 15, TITLE 56 SO AS TO PROVIDE REQUIREMENTS FOR WHOLESALE MOTOR VEHICLE AUCTIONS AND FOR WHOLESALE MOTOR VEHICLE AUCTION LICENSE PLATES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate returned to the House with amendments the following:
H. 3758 -- Reps. Cotty and Kinon: A BILL TO AMEND SECTION 1-3-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO AUTHORIZE THE GOVERNOR, WITH THE CONSENT OF CONGRESS, TO ENTER INTO COMPACTS AND AGREEMENTS FOR THE DEPLOYMENT OF THE NATIONAL GUARD WITH GOVERNORS OF OTHER STATES CONCERNING DRUG INTERDICTION AND RELATED ACTIVITIES; AND BY ADDING SECTION 1-3-490 SO AS TO ADOPT THE NATIONAL GUARD MUTUAL ASSISTANCE COUNTERDRUG ACTIVITIES COMPACT TO PROVIDE FOR MUTUAL ASSISTANCE AND SUPPORT AMONG THE PARTY STATES IN THE UTILIZATION OF THE NATIONAL GUARD IN DRUG INTERDICTION, COUNTERDRUG ACTIVITIES, AND DEMAND REDUCTION ACTIVITIES.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
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.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was received from the Senate.
Columbia, S.C., May 16, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 602:
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.
Very respectfully,
President
On motion of Rep. CATO, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. CATO, GAMBLE and NEAL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
On motion of Rep. WALKER, with unanimous consent, the following was taken up for immediate consideration:
H. 4221 -- Rep. Walker: A HOUSE RESOLUTION CONGRATULATING LANDRUM HIGH SCHOOL OF SPARTANBURG COUNTY ON WINNING THE STATE CLASS A BOYS TRACK AND FIELD TITLE FOR 1995 (THE SCHOOL'S SECOND CONSECUTIVE STATE CROWN), AND EXTENDING THE TEAM AND COACHING STAFF THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, MAY 23, 1995, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR THIS ACCOMPLISHMENT.
Whereas, Landrum High School of Spartanburg County has won the 1995 State Class A Boys Track and Field title for the school's second consecutive state crown; and
Whereas, Landrum was also the Northwestern Region I-A champion in 1995 (the school's second straight regional title and its fourth in the last five years) and the Class A Upper State champion for the second year in a row; and
Whereas, the Cardinals of Landrum High finished the 1995 season with an outstanding 15-5 overall record and went undefeated in Region I-A and Class A; and
Whereas, at the state title meet, Landrum scored 68 points and beat Pleasant Hill High School (46 points) and Pelion High School (451/2 points) for the crown; and
Whereas, the Landrum Cardinals' head coach is G. Rob Rhodes and the team's assistant coach is Russell Mahaffey; and
Whereas, the team members for 1995 included Josh Campbell, Allen Gaulden, Randy McSwain, Derrick Cathcart, Shane Shehan, Geoff Robertson, Jason Pryor, Marc Nodine, Micah Pryor, John McEntyre, Derick Edwards, Josh Pryor, Marc Lockhart, Thomas Honeycutt, Sonny Brown, David Hutcherson, David Plumley, and Richard Vernon, and Lana Bagwell was scorekeeper and Cortney Mayfield was statistician; and
Whereas, the 1995 Landrum Cardinals, who proudly wore the red, white, and black, displayed tremendous talent, dedication, determination, and unity; and
Whereas, the Landrum team and coaching staff are highly deserving of recognition, and the House of Representatives is delighted to be able to congratulate them in this special way. Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives of the State of South Carolina, by this resolution, congratulates Landrum High School of Spartanburg County on winning the State Class A Boys Track and Field title for 1995 (the school's second consecutive state crown) and extends the team and coaching staff the privilege of the floor of the House of Representatives on Tuesday, May 23, 1995, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on this accomplishment.
Be it further resolved that a copy of this resolution be forwarded to the Landrum High School boys track team in care of Head Coach Rob Rhodes.
The Resolution was adopted.
The following was introduced:
H. 4222 -- Rep. Govan: A CONCURRENT RESOLUTION CONGRATULATING THE KIWANIS CLUB OF ORANGEBURG ON SERVING THE STATE OF SOUTH CAROLINA AND THE CITIZENS OF ORANGEBURG FOR FIFTY YEARS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4223 -- Rep. G. Brown: A HOUSE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE FAMILY AND MANY FRIENDS OF MR. JOSEPH T. THOMAS, SR., OF LYNCHBURG WHO DIED THURSDAY, MAY 11, 1995.
The Resolution was adopted.
The Senate sent to the House the following:
S. 844 -- Senators McConnell, Passailaigue, Rose and Giese: A CONCURRENT RESOLUTION MEMORIALIZING THE UNITED STATES CONGRESS TO DIRECT THE GENERAL SERVICES ADMINISTRATION TO TRANSFER OWNERSHIP OF THE REMAINS OF THE ATTACK SUBMARINE THE HUNLEY TO THE STATE OF SOUTH CAROLINA FOR ENSHRINEMENT AT THE NAVAL MARINE MUSEUM IN PATRIOT'S POINT, SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 845 -- Senator Courson: A CONCURRENT RESOLUTION TO COMMEMORATE MAY 25, 1995, AS "NATIONAL MISSING CHILDREN'S DAY" IN REMEMBRANCE OF SOUTH CAROLINA'S MISSING CHILDREN AND TO RECOGNIZE THE ADAM WALSH CENTER'S COMMITMENT AND EFFORTS TO PROTECT THE RIGHTS OF CHILDREN AND TO PREVENT THEIR EXPLOITATION AND VICTIMIZATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4224 -- Reps. Stille, Carnell, McAbee and Townsend: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE ABBEVILLE COUNTY TRANSPORTATION COMMITTEE.
On motion of Rep. STILLE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Allison Askins Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hines Hodges Howard Hutson Inabinett Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin McAbee McCraw McKay McMahand McTeer Moody-Lawrence Neilson Rhoad Rice Richardson Riser Robinson Sandifer Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Waldrop Walker Wells Whatley Whipper, S. White Wilder Wilkins Williams Wofford Worley Wright Young, J.
I came in after the roll call and was present for the Session on Wednesday, May 17.
Becky Meacham Bessie Moody-Lawrence James L.M. Cromer, Jr. Richard M. Quinn, Jr. Lewis R. Vaughn Annette Young Michael F. Jaskwhich Ralph Anderson Olin R. Phillips Alma W. Byrd Douglas Jennings, Jr. Timothy F. Rogers Joseph H. Neal Thomas E. Huff G. Ralph Davenport, Jr. Harry M. Hallman, Jr. Jerry N. Govan, Jr. William D. Witherspoon George H. Bailey Lynn Seithel Ralph W. Canty Timothy C. Wilkes Joseph T. McElveen, Jr. Larry L. Koon Thomas G. Keegan C. Alex Harvin, III B. Hicks Harwell
LEAVES OF ABSENCE
The SPEAKER granted Rep. KEEGAN a leave of absence due to a death in the family.
The SPEAKER granted Rep. MASON a leave of absence for the day.
Rep. HARWELL 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, May 16.
Announcement was made that Dr. Donald Gregg of Greenville is the Doctor of the Day for the General Assembly.
Rep. MARCHBANKS, on behalf of the Pickens Delegation, presented to the House Philip H. Prince, President of Clemson University.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4215 -- Reps. Cain and Sandifer: A BILL TO AMEND ACT 613 OF 1992, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND THE SCHOOL DISTRICT OF OCONEE COUNTY, SO AS TO REDUCE FROM NINE TO FIVE THE NUMBER OF MEMBERS ON THE BOARD OF TRUSTEES, PROVIDE THAT AFTER SERVING THE COMPLETION OF THE CURRENT AT-LARGE TERMS THE DISTRICT IS GOVERNED BY TRUSTEES ELECTED ONLY FROM SINGLE-MEMBER DISTRICTS, PROVIDE FOR THE FILLING OF VACANCIES, AND REQUIRE A FILING FEE FOR A CANDIDATE FOR TRUSTEE.
H. 4217 -- Reps. Baxley, J. Harris, Jennings and Neilson: A BILL TO REPEAL ACT 467 OF 1969 RELATING TO EXTENDING THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY TO INCLUDE CERTAIN AREAS OUTSIDE THE CORPORATE LIMITS OF JEFFERSON.
H. 4218 -- Rep. McAbee: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MCCORMICK COUNTY TRANSPORTATION COMMITTEE.
H. 4219 -- Reps. Carnell, Klauber, McAbee and Stille: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE GREENWOOD COUNTY TRANSPORTATION COMMITTEE.
S. 814 -- Senator Holland: A BILL TO REPEAL ACT 467 OF 1969, RELATING TO THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY.
S. 822 -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN YORK COUNTY, SO AS TO REDESIGNATE THE VOTING PRECINCTS AND DELETE ARCHAIC REFERENCES TO CERTAIN PRECINCTS' BOUNDARIES.
S. 828 -- Senators Waldrep and O'Dell: A BILL TO AMEND ACT 46 OF 1950, RELATING TO THE DESIGNATION AND AFFIRMATION OF THE SPECIFIC AUTHORITY, RESPONSIBILITIES, AND POWERS OF THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REAFFIRM THE AUTHORITY OF THE BOARD TO ISSUE TAX ANTICIPATION NOTES SIMILAR TO AND CONSISTENT WITH THE TERMS AND PROVISIONS OF PARAGRAPH FOUR OF SECTION 11-27-50 OF THE 1976 CODE.
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.
Rep. WILDER explained the Bill.
H. 3844 -- Rep. Cromer: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN EACH COUNTY BY CLERKS OF COURT, REGISTERS OF MESNE CONVEYANCES, AND COUNTY TREASURERS, SO AS TO REVISE CERTAIN OF THESE FEES AND COSTS.
Rep. JENNINGS explained the Bill.
H. 4216 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE PRIMARY DRINKING WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 1830, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HERDKLOTZ explained the Joint Resolution.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 753 -- Senator Passailaigue: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 6, 8, AND 20, SO AS TO REVISE, REORGANIZE, AND RECODIFY STATE TAX LAWS IMPOSING THE INDIVIDUAL AND CORPORATE INCOME TAX, PROVIDING FOR THE WITHHOLDING OF INCOME TAXES, AND IMPOSING THE CORPORATION LICENSE TAX; TO AMEND TITLE 12 BY ADDING CHAPTERS 56 AND 58, WHICH SHALL CONTAIN RESPECTIVELY THE FORMER PROVISIONS OF ARTICLE 3 OF CHAPTER 54, THE SETOFF DEBT COLLECTION ACT AND ARTICLE 5 OF CHAPTER 54, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS; TO AMEND CHAPTER 54 OF TITLE 12 BY ADDING SECTIONS 12-54-15, 12-54-17, 12-54-42, 12-54-47, 12-54-85, 12-54-127, AND 12-54-135 SO AS TO MOVE ENFORCEMENT PROVISIONS TO THE CHAPTER CONSTITUTING THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND TAXATION; BY ADDING SECTION 50-1-280, SO AS TO MOVE THE PROVISIONS RELATING TO THE NONGAME WILDLIFE AND NATURAL AREAS FUND TO THE APPROPRIATE LOCATION IN TITLE 50, RELATING TO FISH, GAME, AND WATERCRAFT; TO AMEND SECTION 12-4-330, AS AMENDED, RELATING TO WITNESSES BEFORE THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW THE DIRECTOR AND DESIGNATED OFFICERS TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS; TO AMEND SECTIONS 11-35-5230, AS AMENDED, 12-37-220, AS AMENDED, 12-54-30, AS AMENDED, 12-54-40, AS AMENDED, 12-54-55, AS AMENDED, 12-54-120, AS AMENDED, 12-54-210, 12-54-240, AS AMENDED, 41-44-10, 41-44-20, AND 41-44-70, ALL RELATING TO TAXATION, SO AS TO CONFORM THE SECTIONS TO THE RECODIFIED CHAPTERS ADDED BY THIS ACT, TO PROVIDE THAT A REPEAL OF A SECTION OF THE 1976 CODE BY THIS ACT DOES NOT PREVENT THE ASSESSMENT OR COLLECTION OF ANY TAX, INTEREST, OR PENALTIES DUE BEFORE THE EFFECTIVE DATE OF THIS ACT, TO PROVIDE FOR THE CONTINUAL APPLICATION OF CERTAIN DEPARTMENT REGULATIONS PROMULGATED PURSUANT TO THE PREDECESSOR PROVISIONS OF THE CHAPTERS ADDED BY THIS ACT, TO PROVIDE FOR CROSS REFERENCES AND THE DUTIES OF THE CODE COMMISSIONER IN THE RECODIFICATION ACCOMPLISHED BY THIS ACT; AND TO REPEAL CHAPTERS 7, 9, AND 19 OF TITLE 12 AND SECTIONS 41-44-30, 41-44-40, 41-44-50, 41-44-90, AND 41-44-100, ALL OF THE 1976 CODE, AND ALL RELATING TO TAXATION, EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 1995.
S. 611 -- Senators McConnell and Washington: 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.
S. 219 -- Senators Greg Smith, Leventis, Cork, Rankin, Thomas and Hayes: A BILL TO AMEND SECTION 16-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.
S. 703 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND TITLE 44, CHAPTER 36, ARTICLE 1, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY, SO AS TO REVISE THE COMPOSITION OF THE ADVISORY COMMITTEE TO THE REGISTRY, TO PROVIDE FOR THE DUTIES OF THE COMMITTEE, TO REVISE THE CONFIDENTIALITY PROVISIONS, AND TO PROVIDE PENALTIES.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3751 -- Reps. Sandifer, R. Smith, Herdklotz, Sheheen, Sharpe, Jaskwhich, Fair, Simrill, Mason, Littlejohn, Cain, Hallman, Whatley, S. Whipper, Vaughn, Easterday, Trotter, Huff, Rice, Keyserling, Limehouse, Allison, Wells, D. Smith, Kinon, Seithel, Fleming, Robinson, Marchbanks, Witherspoon, Meacham, Cromer, Davenport, Lanford, Cato, Tripp, Boan, Martin, J. Young, Askins, G. Brown, Tucker, Haskins and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-165 SO AS TO AUTHORIZE THE TRANSFER OF PRESCRIPTIONS BETWEEN ONE PHARMACY IN THIS STATE AND ANOTHER FOR THE PURPOSE OF SECURING ONE REFILL OF THE PRESCRIPTION AT THE RECEIVING PHARMACY, AND TO PRESCRIBE THE TERMS AND CONDITIONS FOR SUCH TRANSFER.
H. 3373 -- Reps. Seithel, Trotter, Wilder, Clyburn, Tripp, G. Brown, Hallman, Townsend, Bailey, Rice, Littlejohn, Herdklotz, Meacham, Jaskwhich, Elliott, Allison, Vaughn, Fulmer, McCraw, Whatley, Limehouse, Simrill, Shissias, Easterday, Breeland, L. Whipper, Harrell, Phillips, Haskins, Cato, A. Young, Stoddard, S. Whipper, Neilson, Sandifer, Davenport, Hines, Moody-Lawrence, Dantzler, Fleming, Lloyd, J. Brown, Limbaugh, Cain, Hodges, Boan, McKay, Walker, Beatty, Rhoad, Hutson, Spearman, Thomas, Cave, J. Young, T. Brown, Stille, Martin and Klauber: A BILL TO AMEND SECTION 47-1-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINES PERTAINING TO CRUELTY TO ANIMALS, SO AS TO PROVIDE FOR DISTRIBUTION OF THE FINES TO ALL ANIMAL HUMANE SOCIETIES.
H. 3955 -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-505 SO AS TO AUTHORIZE CERTAIN FISHING ON LAKE ASHWOOD IN LEE COUNTY.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 282 -- Senators Lander and Hayes: A BILL TO AMEND SECTION 25-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO BE COMMISSIONED OR ENLISTED IN THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT A PERSON MUST BE A UNITED STATES CITIZEN AND RESIDENCY IN SOUTH CAROLINA IS NOT REQUIRED.
S. 542 -- Senators McConnell and Passailaigue: A BILL TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER GROUND.
The following Bill was taken up.
H. 4033 -- Reps. Wilkins, Witherspoon and Sharpe: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE PROVISIONS FOR EMPLOYMENT BASED ON COUNTY OF RESIDENCE.
Reps. TUCKER, McABEE, FELDER, WHATLEY, P. HARRIS, FULMER, SPEARMAN, NEILSON, BREELAND and R. SMITH objected to the Bill.
The following Bill was taken up.
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.
Reps. LIMBAUGH, TUCKER, D. SMITH, HODGES, SPEARMAN, SHARPE, WITHERSPOON, RISER, MEACHAM, LANFORD, SIMRILL, R. SMITH, FELDER, ROBINSON and HINES objected to the Bill.
The following Bill was taken up.
H. 3848 -- Rep. Cromer: A BILL TO AMEND SECTION 30-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH MORTGAGE ASSIGNMENTS MUST BE EXECUTED AND PROBATED, SO AS TO REQUIRE THAT ASSIGNMENT OF MORTGAGE FORMS INCLUDE THE NAME AND ADDRESS OF THE MORTGAGOR AND OF THE MORTGAGEE AND THE BOOK, PAGE, AND DATE OF RECORDING OF THE ORIGINAL MORTGAGE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10292AC.95), which was adopted.
Amend the bill, as and if amended, page 1, line 32, by deleting /and address/; and on page 1, by inserting after /mortgagor and/ on line 33 /the name and address/.
Amend further by deleting SECTION 2 and inserting:
/SECTION 2. This act takes effect ninety days after approval by the Governor./
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3421 -- Reps. Keegan, Kelley, Martin, Worley, Thomas and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-75 SO AS TO AUTHORIZE THE DEPARTMENT OF VETERANS AFFAIRS TO ESTABLISH ONE OR MORE STATE VETERANS' CEMETERIES IN THE STATE AND TO PROVIDE FOR THE MANNER IN WHICH THE CEMETERIES SHALL BE ACQUIRED, MAINTAINED, AND OPERATED.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21918SD.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 25-11-75. (A) In this section, 'State veterans' cemetery' means a cemetery that the Division of Veterans Affairs establishes under this section.
(B) The division may establish one or more cemeteries in the State for the burial of veterans and their immediate families.
(C) The division may accept land, in the name of the State, or otherwise acquire land for a state veterans' cemetery, if the division has the approval of:
(1) the governing body of the county where the state veterans' cemetery is to be located;
(2) the delegation in the General Assembly for the county where the state veterans' cemetery is to be located; and
(3) the Budget and Control Board.
In selecting a location for a proposed state veterans' cemetery, the division shall give priority to land that is near a national memorial battle site. The division may also accept or purchase land from the federal government which formerly contained military bases now closed for the purpose of locating a state veterans' cemetery thereon.
(D) The division shall maintain and supervise each state veterans' cemetery.
(E) (1) Subject to the limitations in this section, the division shall provide a plot in a state veterans' cemetery, without charge, to an applicant who meets the requirements of this section.
(2) In the order in which the division receives the applications for plots, the division shall allot a plot in the state veterans' cemetery that is closest to the residence of the veteran and has an available plot.
(F) (1) To qualify for a plot in a state veterans' cemetery, the applicant must be a veteran or a member of the immediate family of a veteran who meets the requirements of this subsection.
(2) The veteran must have an honorable discharge from the Armed Forces.
(3) The veteran must have been a resident of the State:
(a) when the veteran entered the Armed Forces;
(b) when the veteran died; or
(c) for twenty years, unless for a reason that the division finds compelling, the division waives the time period.
(G) To obtain a plot in a state veterans' cemetery, an applicant shall submit to the division an application on the form that the division provides.
(H) In a plot that is allotted to a veteran, the division shall bury:
(1) the veteran; and
(2) any member of the immediate family of the veteran if the family member can be buried in a space above or below the veteran.
(I) (1) The division shall bury the veteran without charge.
(2) For burial of a member of the immediate family, the division may:
(a) set a fee that does not exceed the cost of burial; or
(b) accept, from the social security burial allowance, an amount that does not exceed the cost of the burial.
(J) The division shall keep a registry of the graves of veterans who are buried in the state veterans' cemeteries.
(K) The General Assembly in the annual general appropriations act or in a state capital improvement bond bill shall provide funding to the division for the acquisition and construction of state veterans' cemeteries."
SECTION 2. The Division of Veterans' Affairs is directed to study the feasibility of establishing a veterans' cemetery in the Midlands and Piedmont areas of the State. The division must report its findings to the General Assembly by May 15, 1996.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SANDIFER explained the amendment.
The amendment was then adopted.
Rep. SANDIFER explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Rep. FELDER 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 Bill was taken up.
H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5-110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.
Rep. FELDER 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 SPEAKER announced that nominations were in order for a member of the Reorganization Commission.
The following name was placed in nomination: Rep. KIRSH.
On motion of Rep. SHEHEEN, nominations were closed, and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the SPEAKER announced that Rep. KIRSH was duly elected for the term prescribed by law.
The following Bill was taken up.
S. 786 -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND ACT 959 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE YORK COUNTY NATURAL GAS AUTHORITY, SO AS TO EXPAND THE SERVICE AREA TO A PORTION OF CHEROKEE COUNTY; TO INCREASE THE BOARD OF DIRECTORS OF THE AUTHORITY FROM SIX TO TEN MEMBERS AND CHANGE ITS COMPOSITION; TO PROVIDE THAT ANY MEMBER OF THE AUTHORITY HAVING THREE UNEXCUSED ABSENCES DURING A CALENDAR YEAR MUST BE REMOVED BY THE GOVERNOR; TO AUTHORIZE THE AUTHORITY TO PURCHASE, MANUFACTURE, PRODUCE, AND TRANSPORT LIQUEFIED NATURAL GAS, COMPRESSED NATURAL GAS, AND PROPANE; TO CORRECT ARCHAIC REFERENCES; TO AUTHORIZE THE AUTHORITY TO ESTABLISH A RESERVE FUND; TO DELETE THE REQUIREMENT THAT ALL UNENCUMBERED REVENUES FROM THE SYSTEM BE PAID OVER TO YORK COUNTY AND THE MUNICIPALITIES SERVED BY THE AUTHORITY AND PROVIDE THAT THESE FUNDS MUST BE USED INSTEAD TO EXPAND THE SYSTEM OR TO REDUCE CUSTOMER RATES; AND TO PROVIDE THAT THE AUTHORITY MUST DURING THE MONTH OF DECEMBER OF EACH YEAR CONDUCT AN ANNUAL MEETING OF THE MEMBERS OF THE COUNTY LEGISLATIVE DELEGATION, COUNTY COUNCIL, AND MUNICIPAL COUNCILS FOR THE PURPOSE OF REPORTING THE PREVIOUS YEAR'S ACTIVITIES AND FUTURE EXPANSION PLANS OF THE AUTHORITY.
Reps. KIRSH, SIMRILL, DELLENEY, MEACHAM, McCRAW and MOODY-LAWRENCE proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\22012SD.95), which was adopted.
Amend the bill, as and if amended, in item (k) of SECTION 2, by striking /or transmission/ on line 33, page 7.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Reps. VAUGHN and TRIPP withdrew their objections to S. 463 however, other objections remained upon the Bill.
Upon the withdrawal of an objection by Rep. KIRSH 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. KOON proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\5889HTC.95), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Notwithstanding the provisions of Section 12-43-220(d)(3) of the 1976 Code, the deadline for filing for agricultural use value for property owned as of December 31, 1993, is extended to January 15, 1996./
Renumber sections to conform.
Amend title to conform.
Rep. KOON explained the amendment.
Rep. SHEHEEN raised the Point of Order that Amendment No. 3 was out of order as it was not germane in that the Bill dealt with the authorization of a governing body of municipalities to extend the five year exemption and the amendment dealt with an individual's right to apply for an in use agricultural exemption for property owned as of December 31, 1993.
Rep. KOON argued contra the Point.
The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. ROBINSON moved to adjourn debate upon the Bill, which was rejected.
Reps. FULMER and KIRSH proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\JIC\6006HTC.95), which was adopted.
Amend the bill, as and if amended, by striking the unnumbered section added by the amendment offered by Representatives Fulmer, et al., dated April 26, 1995, document number l:\council\legis\amend\PFM\7431AC.95, and designated Amendment Number 2, and inserting:
//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) Upon approval by the governing body of the county, 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 existing number of jobs. The partial exemption applies for the purchaser for five years if the purchaser otherwise meets the exemption requirements."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. FULMER spoke in favor of the amendment.
The amendment was then adopted.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.
Rep. FULMER withdrew his objection to H. 4033 however, other objections remained upon the Bill.
Rep. MOODY-LAWRENCE asked unanimous consent to recall H. 3723 from the Committee on Education and Public Works.
Rep. LITTLEJOHN objected.
The Senate amendments to the following Bill were taken up for consideration.
H. 3185 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-13 SO AS TO PROVIDE THAT NO VULNERABLE ADULT MAY BE CONSIDERED ABUSED OR NEGLECTED FOR THE SOLE REASON THAT THE VULNERABLE ADULT IS BEING FURNISHED NONMEDICAL REMEDIAL TREATMENT BY SPIRITUAL MEANS.
Rep. P. HARRIS explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3026 -- Reps. Meacham, Cato, Marchbanks, Simrill, Cromer, Vaughn, Law, Keyserling, Elliott, Stille, Moody-Lawrence, Kelley, Richardson, Gamble, Walker, Phillips, Sandifer, Spearman and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-245 SO AS TO PROVIDE THAT A MEMBER OF A STATE BOARD, COUNCIL, COMMISSION, OR COMMITTEE WHO HAS THREE CONSECUTIVE UNEXCUSED ABSENCES FROM MEETINGS IS CONSIDERED REMOVED FROM OFFICE AND A VACANCY IS CREATED AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.
Rep. MEACHAM explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan, Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and Kirsh: A BILL TO ENACT THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO, AMONG OTHER THINGS, REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO EXPAND ITS EMPLOYMENT ASSISTANCE SERVICES AND TO EXPAND ITS WORK SUPPORT PROGRAM STATEWIDE; TO REQUIRE AFDC RECIPIENTS TO ENTER AGREEMENTS IN ORDER TO RECEIVE AFDC AND TO PROVIDE SANCTIONS FOR NONCOMPLIANCE; TO REQUIRE THE EMPLOYMENT SECURITY COMMISSION TO PROVIDE THE DEPARTMENT ON-LINE ACCESS TO JOB VACANCY DATA; TO AUTHORIZE PAYMENT OF PORTIONS OF A RECIPIENT'S AFDC TO EMPLOYERS TO SUPPLEMENT WAGES PAID TO THE RECIPIENT; TO DIRECT THE GENERAL ASSEMBLY TO PROVIDE A TAX CREDIT TO EMPLOYERS WHO HIRE AFDC RECIPIENTS; TO REQUIRE STATE AGENCIES TO TARGET AFDC RECIPIENTS FOR EMPLOYMENT; TO ENHANCE SERVICES TO TEEN PARENTS; TO REQUIRE NONCUSTODIAL PARENTS OF CHILDREN RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAM; TO DIRECT SPENDING FIFTY PERCENT OF JOB TRAINING AND PARTNERSHIP ACT FUNDS ON AFDC RECIPIENTS; TO REQUIRE COUNTY DEPARTMENT OF SOCIAL SERVICES OFFICES TO ESTABLISH EDUCATION AND TRAINING GOALS; TO REQUIRE AFDC RECIPIENTS TO PARTICIPATE IN FAMILY SKILLS TRAINING; TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER A NONCUSTODIAL PARENT OF A CHILD RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAMS; TO LIMIT AFDC ASSISTANCE TO TWENTY-FOUR OUT OF ONE HUNDRED TWENTY MONTHS AND SIXTY MONTHS IN A LIFETIME AND TO PROVIDE EXCEPTIONS; TO REVISE REQUIREMENTS FOR MANDATORY PARTICIPATION IN A WORK PROGRAM; TO REVISE INCOME AND ASSET LIMITS FOR AFDC ELIGIBILITY; TO PROHIBIT INCREASING AFDC BENEFITS WHEN A CHILD IS BORN INTO AN AFDC FAMILY; TO REQUIRE AFDC RECIPIENTS TO ENTER A DRUG OR ALCOHOL PROGRAM UNDER CERTAIN CONDITIONS; TO REQUIRE AFDC RECIPIENTS WHO ARE MINORS TO MAINTAIN SATISFACTORY SCHOOL ATTENDANCE AND TO LIVE IN THE HOMES OF THEIR PARENTS AND TO PROVIDE EXCEPTIONS; TO REVISE CERTAIN ABSENT PARENT AFDC ELIGIBILITY REQUIREMENTS; TO EMPHASIZE PROVIDING SERVICES TO THE FAMILY AS A WHOLE; TO REQUIRE AFDC RECIPIENTS TO PROVIDE ADDITIONAL INFORMATION ON FATHERS AS A CONDITION OF ELIGIBILITY; TO REVISE THE AMOUNT OF CHILD SUPPORT GIVEN TO AN AFDC RECIPIENT THAT IS COLLECTED BY THE DEPARTMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-936 SO AS TO REQUIRE THE PARENT OF A CHILD TO SUPPORT A GRANDCHILD IF THE PARENT OF THE GRANDCHILD IS UNDER EIGHTEEN YEARS OF AGE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 3 BY ADDING PART II SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR THE ENFORCEMENT OF CHILD SUPPORT THROUGH THE REVOCATION OF BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES, DRIVERS' LICENSES, COMMERCIAL AND RECREATIONAL HUNTING, FISHING, AND TRAPPING LICENSES AND WATERCRAFT REGISTRATIONS; TO AMEND TITLE 20, CHAPTER 7 BY ADDING ARTICLE 32 SO AS TO ESTABLISH AND PROVIDE PROCEDURES FOR THE ESTABLISHMENT AND ENFORCEMENT OF PATERNITY AND CHILD SUPPORT THROUGH AN ADMINISTRATIVE PROCESS; TO AMEND SECTION 43-5-65, RELATING TO ELIGIBILITY FOR AFDC, SO AS TO REVISE CERTAIN REQUIREMENTS AND TO EXTEND CERTAIN REQUIREMENTS TO ELIGIBILITY FOR MEDICAID; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT CONCERNING THE CHILD SUPPORT PLAN, SO AS TO INCLUDE IN RIGHTS ASSIGNED TO THE STATE THE ASSIGNMENT OF THE RIGHT TO COLLECT HEALTH CARE EXPENSES AND MEDICAID REIMBURSEMENT; TO AMEND SECTION 44-7-77, RELATING TO ESTABLISHMENT OF THE IN-HOSPITAL PATERNITY ACKNOWLEDGMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR PROCEDURES TO OBTAIN ACKNOWLEDGMENTS AND TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED; TO AMEND SECTION 44-63-165, RELATING TO AMENDING BIRTH CERTIFICATES ON ACKNOWLEDGMENT OF PATERNITY, SO AS TO AUTHORIZE THE DEPARTMENT TO RECEIVE A PATERNITY ACKNOWLEDGMENT AT NO CHARGE UPON REQUEST FOR ESTABLISHING CHILD SUPPORT OBLIGATIONS; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR WAIVERS FROM THE FEDERAL GOVERNMENT TO IMPLEMENT CERTAIN PROVISIONS OF THIS ACT; AND TO DESIGNATE SECTIONS 20-70-840 THROUGH 20-7-938 AS PART I, SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20 AND NAMED "CHILD SUPPORT PROCEEDINGS AND ENFORCEMENT".
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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.
The SPEAKER granted Rep. T. BROWN a leave of absence.
Rep. HODGES moved to reconsider the vote whereby the House non-concurred in the Senate amendments to the following Bill.
H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan, Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and Kirsh: A BILL TO ENACT THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO, AMONG OTHER THINGS, REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO EXPAND ITS EMPLOYMENT ASSISTANCE SERVICES AND TO EXPAND ITS WORK SUPPORT PROGRAM STATEWIDE; TO REQUIRE AFDC RECIPIENTS TO ENTER AGREEMENTS IN ORDER TO RECEIVE AFDC AND TO PROVIDE SANCTIONS FOR NONCOMPLIANCE; TO REQUIRE THE EMPLOYMENT SECURITY COMMISSION TO PROVIDE THE DEPARTMENT ON-LINE ACCESS TO JOB VACANCY DATA; TO AUTHORIZE PAYMENT OF PORTIONS OF A RECIPIENT'S AFDC TO EMPLOYERS TO SUPPLEMENT WAGES PAID TO THE RECIPIENT; TO DIRECT THE GENERAL ASSEMBLY TO PROVIDE A TAX CREDIT TO EMPLOYERS WHO HIRE AFDC RECIPIENTS; TO REQUIRE STATE AGENCIES TO TARGET AFDC RECIPIENTS FOR EMPLOYMENT; TO ENHANCE SERVICES TO TEEN PARENTS; TO REQUIRE NONCUSTODIAL PARENTS OF CHILDREN RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAM; TO DIRECT SPENDING FIFTY PERCENT OF JOB TRAINING AND PARTNERSHIP ACT FUNDS ON AFDC RECIPIENTS; TO REQUIRE COUNTY DEPARTMENT OF SOCIAL SERVICES OFFICES TO ESTABLISH EDUCATION AND TRAINING GOALS; TO REQUIRE AFDC RECIPIENTS TO PARTICIPATE IN FAMILY SKILLS TRAINING; TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER A NONCUSTODIAL PARENT OF A CHILD RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAMS; TO LIMIT AFDC ASSISTANCE TO TWENTY-FOUR OUT OF ONE HUNDRED TWENTY MONTHS AND SIXTY MONTHS IN A LIFETIME AND TO PROVIDE EXCEPTIONS; TO REVISE REQUIREMENTS FOR MANDATORY PARTICIPATION IN A WORK PROGRAM; TO REVISE INCOME AND ASSET LIMITS FOR AFDC ELIGIBILITY; TO PROHIBIT INCREASING AFDC BENEFITS WHEN A CHILD IS BORN INTO AN AFDC FAMILY; TO REQUIRE AFDC RECIPIENTS TO ENTER A DRUG OR ALCOHOL PROGRAM UNDER CERTAIN CONDITIONS; TO REQUIRE AFDC RECIPIENTS WHO ARE MINORS TO MAINTAIN SATISFACTORY SCHOOL ATTENDANCE AND TO LIVE IN THE HOMES OF THEIR PARENTS AND TO PROVIDE EXCEPTIONS; TO REVISE CERTAIN ABSENT PARENT AFDC ELIGIBILITY REQUIREMENTS; TO EMPHASIZE PROVIDING SERVICES TO THE FAMILY AS A WHOLE; TO REQUIRE AFDC RECIPIENTS TO PROVIDE ADDITIONAL INFORMATION ON FATHERS AS A CONDITION OF ELIGIBILITY; TO REVISE THE AMOUNT OF CHILD SUPPORT GIVEN TO AN AFDC RECIPIENT THAT IS COLLECTED BY THE DEPARTMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-936 SO AS TO REQUIRE THE PARENT OF A CHILD TO SUPPORT A GRANDCHILD IF THE PARENT OF THE GRANDCHILD IS UNDER EIGHTEEN YEARS OF AGE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 3 BY ADDING PART II SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR THE ENFORCEMENT OF CHILD SUPPORT THROUGH THE REVOCATION OF BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES, DRIVERS' LICENSES, COMMERCIAL AND RECREATIONAL HUNTING, FISHING, AND TRAPPING LICENSES AND WATERCRAFT REGISTRATIONS; TO AMEND TITLE 20, CHAPTER 7 BY ADDING ARTICLE 32 SO AS TO ESTABLISH AND PROVIDE PROCEDURES FOR THE ESTABLISHMENT AND ENFORCEMENT OF PATERNITY AND CHILD SUPPORT THROUGH AN ADMINISTRATIVE PROCESS; TO AMEND SECTION 43-5-65, RELATING TO ELIGIBILITY FOR AFDC, SO AS TO REVISE CERTAIN REQUIREMENTS AND TO EXTEND CERTAIN REQUIREMENTS TO ELIGIBILITY FOR MEDICAID; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT CONCERNING THE CHILD SUPPORT PLAN, SO AS TO INCLUDE IN RIGHTS ASSIGNED TO THE STATE THE ASSIGNMENT OF THE RIGHT TO COLLECT HEALTH CARE EXPENSES AND MEDICAID REIMBURSEMENT; TO AMEND SECTION 44-7-77, RELATING TO ESTABLISHMENT OF THE IN-HOSPITAL PATERNITY ACKNOWLEDGMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR PROCEDURES TO OBTAIN ACKNOWLEDGMENTS AND TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED; TO AMEND SECTION 44-63-165, RELATING TO AMENDING BIRTH CERTIFICATES ON ACKNOWLEDGMENT OF PATERNITY, SO AS TO AUTHORIZE THE DEPARTMENT TO RECEIVE A PATERNITY ACKNOWLEDGMENT AT NO CHARGE UPON REQUEST FOR ESTABLISHING CHILD SUPPORT OBLIGATIONS; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR WAIVERS FROM THE FEDERAL GOVERNMENT TO IMPLEMENT CERTAIN PROVISIONS OF THIS ACT; AND TO DESIGNATE SECTIONS 20-70-840 THROUGH 20-7-938 AS PART I, SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20 AND NAMED "CHILD SUPPORT PROCEEDINGS AND ENFORCEMENT".
Rep. HUFF moved to table the motion.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Cain Cato Cotty Cromer Dantzler Delleney Easterday Fair Fleming Fulmer Hallman Harrell Harris, J. Harrison Haskins Herdklotz Huff Hutson Jaskwhich Jennings Kelley Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks McKay Meacham Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith, R. Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Wells Whatley Wilder Wilkins Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Bailey Beatty Boan Breeland Brown, J. Byrd Canty Carnell Cave Chamblee Clyburn Cobb-Hunter Davenport Gamble Govan Hines Hodges Inabinett Kennedy Keyserling Kinon Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Richardson Rogers Scott Shissias Spearman Tucker Whipper, S. Wilkes Williams
So, the motion to reconsider was tabled.
The following Concurrent Resolution was taken up.
S. 527 -- Senators Passailaigue, McConnell, Richter, Washington, Greg Smith and Ford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSTATE 26 AND INTERSTATE 526 INTERCHANGE AT NORTH CHARLESTON, SOUTH CAROLINA, AS THE "LONNIE HAMILTON III INTERCHANGE".
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the South Carolina General Assembly hereby request the Department of Transportation to designate and name the Interstate 26 and Interstate 526 Interchange at North Charleston, South Carolina, as the "Lonnie Hamilton III Interchange". The department is also requested to install appropriate markers and signs at this interchange.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to Lonnie Hamilton, III.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 526 -- Senators Passailaigue, McConnell, Washington, Richter, Greg Smith, Rose and Ford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSTATE 26 AND MEETING STREET EXTENSION CONNECTOR AT NORTH CHARLESTON, SOUTH CAROLINA, AS THE "MINER W. CROSBY CONNECTOR".
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the South Carolina General Assembly hereby request the Department of Transportation to designate and name the Interstate 26 and Meeting Street Extension Connector at North Charleston, South Carolina, as the "Miner W. Crosby Connector". The department is also requested to install appropriate markers and signs at this interchange.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to Miner W. Crosby.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The motion period was dispensed with on motion of Rep. FLEMING.
The following Joint Resolution was taken up.
H. 3628 -- Reps. Thomas, Moody-Lawrence, Cobb-Hunter, Richardson, T. Brown, Knotts, Keegan, Wright, J. Harris, Gamble, J. Young, P. Harris, Baxley, Townsend, Dantzler, Witherspoon, Stille, Law, Scott, Riser and Cotty: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE STATE LAW RELATING TO THE REQUIREMENTS FOR THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF ALCOHOLIC LIQUORS IN MINIBOTTLES AND TO EXAMINE AMENDMENTS TO STATE LAW PERTAINING TO ALCOHOLIC LIQUOR BY THE DRINK.
Rep. THOMAS moved to continue the Joint Resolution, which was agreed to.
Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, May 23, which was adopted.
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 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.
Reps. G. BROWN and FAIR proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\JIC\5982AC.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 20-1-225. (A) A person who applies for a marriage license shall present to the judge of the probate court a certificate signed by a physician licensed pursuant to Chapter 47 of Title 40 or licensed in a state or United States territory to practice medicine and surgery which states that the applicant has been given a standard serologic test for sexually transmitted diseases including, but not limited to, Human Immunodeficiency Virus (HIV) infection and signed by the person the applicant desires to marry. The test must be made within thirty days before the application for a license.
(B) The certificate of the physician must be on a form provided and distributed by the Department of Health and Environmental Control or by the state health departments of other states having laws requiring a blood test before marriage.
(C) The certificates must be filed with the judge of the probate court. A judge of the probate court who issues a marriage license to a person who fails to present a certificate as required by this section and an applicant for a marriage license or a physician who knowingly and wilfully makes a false statement in a certificate is guilty of a misdemeanor triable in magistrate's court. Upon conviction, the person must be fined not more than two hundred dollars or imprisoned not more than thirty days."/
Renumber sections to conform.
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Brown, G. Brown, J. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Dantzler Delleney Fleming Fulmer Gamble Govan Hallman Harris, J. Harrison Hines Huff Hutson Inabinett Jaskwhich Jennings Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin McAbee McCraw McTeer Meacham Moody-Lawrence Neal Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stoddard Stuart Thomas Townsend Tucker Vaughn Waldrop Walker Wells Whatley Wilder Wilkes Wilkins Williams Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Davenport Easterday Fair Haskins Herdklotz Phillips Tripp Trotter Whipper, S.
So, the Bill, as amended, 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.
Rep. SIMRILL moved to adjourn debate upon the Bill.
Rep. TOWNSEND moved to table the motion.
Rep. HUFF moved to continue the Bill, which was agreed to by a division vote of 40 to 22.
Rep. McTEER moved to adjourn debate upon the following Bill until Thursday, May 18, 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.
Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, May 23, 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.
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. TRIPP moved to continue the Bill.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Carnell Cato Chamblee Davenport Delleney Elliott Haskins Herdklotz Huff Kelley Law Limehouse Littlejohn Marchbanks Meacham Robinson Seithel Sharpe Smith, R. Stoddard Thomas Tripp Vaughn Waldrop Walker Whatley Wilkins
Those who voted in the negative are:
Anderson Askins Bailey Baxley Boan Brown, G. Brown, J. Byrd Cain Canty Cave Clyburn Cotty Cromer Dantzler Easterday Fair Gamble Govan Harris, J. Harrison Hines Hodges Howard Hutson Jennings Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Limbaugh Lloyd Martin McAbee McKay McMahand McTeer Moody-Lawrence Neal Phillips Quinn Rhoad Rice Richardson Riser Rogers Sandifer Scott Sheheen Shissias Simrill Smith, D. Spearman Stuart Townsend Trotter Whipper, S. White Wilder Wilkes Witherspoon Wofford Wright Young, A. Young, J.
So, the House refused to continue the Bill.
Rep. HASKINS moved that the House recur to the morning hour, which was agreed to by a division vote of 52 to 39.
Further proceedings were interrupted by the House recurring to the morning hour the pending question being consideration of the Bill.
The following was introduced:
H. 4225 -- Reps. Neal, Cromer, J. Brown, Byrd, Cotty, Harrison, Howard, Quinn, Rogers, Scott, Shissias, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, T. Brown, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Seithel, Sharpe, Sheheen, 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 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 EASTOVER'S MAYOR, THE HONORABLE LEWIS N. SCOTT OF RICHLAND COUNTY, WHO PASSED AWAY ON SUNDAY, MAY 14, 1995.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4226 -- Reps. Stuart, Cobb-Hunter, Sharpe, Felder and Govan: A BILL TO AUTHORIZE THE MEMBERS OF THE ORANGEBURG COUNTY TRANSPORTATION COMMITTEE TO BE REIMBURSED MILEAGE FROM FUNDS AVAILABLE FOR ADMINISTRATIVE EXPENSES OF THE COMMITTEE AND TO PROVIDE FOR THE ALLOWABLE RATE.
On motion of Rep. STUART, 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 amendments.
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. HARRELL proposed the following Amendment No. 4, which was ruled out of order.
Amend title to conform.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 4 is amended by adding the following chapter:
SECTION 4-12-10. The following term shall be given the following meanings in this chapter:
(1) "Project" means any land and any buildings and other improvements on the land including, without limiting the generality of the foregoing, water, sewage treatment and disposal facilities, air pollution control facilities, and all other machinery, apparatus, equipment, office facilities, and furnishings which are considered necessary, suitable or useful.
SECTION 4-12-20. Every agreement between a county council or county councils and another party in the form of a lease shall contain a provision requiring the industry to make payments to the county or counties, municipality or municipalities, school district or school districts, and other political units wherein the project shall be located in lieu of taxes, in such amounts as would result from taxes levied on the project by such county or counties, municipality or municipalities, school district or school districts, and other political unit or units, if the project were owned by the industry, but with appropriate reductions similar to the tax exemptions, if any, which would be afforded to the industry if it were owner of the project.
SECTION 4-12-30. (A) Notwithstanding the provisions of Section 4-12-20, in the case of an agreement in the form of one or more lease agreements for a project qualifying under subsection (B), the county and the investor may enter into an inducement agreement which provides for a payment in lieu of taxes as provided in this section. All references in this section to a lease agreement shall be deemed also to refer to a lease purchase agreement.
(B) In order for property to qualify for the fee as provided in subsection (D)(2):
(1) Title to the property must be held by the county or in the case of a project located in an industrial development park as defined in Section 4-1-170, title may be held by more than one county, provided each county is a member of the industrial development park. Any real property transferred to the county must include a legal description and plat of the property.
(2) The investment must be a project which is located in a single county or an industrial development park as defined in Section 4-1-170. A project located on a contiguous tract of land in more than one county, but not in such an industrial development park, may qualify for the fee provided (a) the counties agree on the terms of the fee and the distribution of the fee payment; (b) the minimum millage rate is not lower than the millage rate applicable to the county in which the greatest amount of investment occurs; and (c) all such counties are parties to all agreements establishing the terms of the fee.
(3) The minimum level of investment must be at least $10 million and must be invested within the time period provided in subsection (C)(2).
(4)(a) Except as provided in subsection (B)(4)(b), the investment must be made by a single entity. For purposes of this section, (i) any partnership or other association which properly files its South Carolina income tax returns as a partnership for South Carolina income tax purposes will be treated as a single entity and as a partnership, (ii) any corporation or other association which properly files its South Carolina income tax returns as a corporation for South Carolina tax purposes will be treated as a single entity and as a corporation, and (iii) any limited liability companies will be treated as a single entity.
(b)(i) The members of the same controlled group of corporations can qualify for the fee if the combined investment in the county by the members meets the minimum investment requirements. The county and the members who are part of the inducement agreement may agree that any investments by other members of the controlled group within the time periods provided in subsections (C)(1) and (C)(2) shall qualify for the payment regardless if the member was part of the inducement agreement; provided, however, in order to qualify for the fee, such other members of the controlled group must be specifically approved by the county and must agree to be bound by agreements with the county relating to the fee; provided, however, such controlled group members need not be bound by agreements, or portions of agreements, to the extent such agreements do not affect the county. Except as otherwise provided in subsection (B)(2), the investments under this subsection (B)(4)(b) must be within the same county or industrial park. Any controlled group member which is claiming the fee must invest at least $5 million in the county or industrial park.
(ii) The Department of Revenue must be notified in writing of all members which have investments subject to the fee before or within 90 days after the end of the calendar year during which such project or phase of the project was first placed in service. The Department of Revenue may extend this period upon written request. Failure to meet this notice requirement will not adversely affect the fee, but a penalty may be assessed by the Department of Revenue for late notification in the amount of $10,000 per month or portion of a month but not to exceed $50,000. Members of the controlled group must provide the information considered necessary by the Department of Revenue to ensure that the investors are part of a controlled group.
(iii) If at any time the controlled group or any former member (who has left the controlled group) no longer has the minimum $10 million of investment (without regard to depreciation), that group or former member no longer holding the minimum amount of investment as provided in subsection (B)(3) (without regard to depreciation) will no longer qualify for the fee.
(iv) For purposes of this section, "controlled group" or "controlled group of corporations" shall have the meaning provided under Section 1563(a) of the Internal Revenue Code as defined in Chapter 7 of Title 12 as of the date of the execution of the inducement agreement (without regard to amendments or replacements thereof), without regard to subsection (b) of such Section 1563.
(5)(a) Prior to undertaking any project, the county council or county councils shall find: That the project is anticipated to benefit the general public welfare of the locality by providing services, employment, recreation or other public benefits not otherwise provided locally; that the project will give rise to no pecuniary liability of the county or incorporated municipality or a charge against its general credit or taxing power; and, unless the terms of an agreement with respect to a project provides that the industry shall maintain the project and carry all proper insurance with respect thereto, the estimated cost of maintaining the project in good repair and keeping it properly insured must be included in the lease payment. The determinations and findings of the county council or county councils required to be made above shall be set forth in the proceedings under which the ordinance is enacted.
(b) The Coordinating Council for Economic Development shall determine that the purposes to be accomplished by the project are proper governmental and public purposes and that the inducement of the location or expansion of projects within the State is of paramount importance and that the benefits of the project are greater than the costs.
(6) Every financing agreement with respect to a project shall contain an agreement obligating the industry to effect the completion of the project, and obligating the industry to pay an amount under the terms of a lease agreement, which, will be sufficient (a) to build up and maintain any reserve deemed by the county council or county councils to be advisable in connection therewith.
(C)(1) From the end of the property tax year in which the investor and the county execute an inducement agreement, the investor has five years in which to enter into an initial lease agreement with the county.
(2) From the end of the property tax year in which the investor and the county execute the initial lease agreement, the investor has five years in which to complete its investment for purposes of qualifying for this section. If the investor does not anticipate completing the project within five years, the investor may apply to the county before the end of the five year period for an extension of time to complete the project. If the county agrees to grant the extension, the county must do so in writing and a copy must be delivered to the Department of Revenue within 30 days of the date the extension was granted. The extension may not exceed two years in which to complete the project. There is no extension allowed for the five year period in which to meet the minimum level of investment. If the minimum level of investment is not met within five years all property under the lease agreement or agreements reverts retroactively to the payments required by Section 4-12-20. The difference between the fee actually paid by the investor and the payment which is due under Section 4-12-20 is subject to interest as provided in Section 12-43-305. Any property placed in service after the five year period, or seven years in the case of a project which has received an extension, is not part of the fee agreement under subsection (D)(2) and is subject to the payments required by Section 4-12-20 if the county has title to the property, or to property taxes as provided in Chapter 37 of Title 12 if the investor has title to the property.
(3) The annual fee provided by subsection (D)(2) is available for no more than 20 years. For projects which are completed and placed in service during more than one year, each year's investment may be subject to the fee in subsection (D)(2) for 20 years to a maximum total of 27 years for the fee for a single project which has been granted an extension.
(D) The inducement agreement must provide for fee payments, to the extent applicable, as follows:
(1)(a) Any property, title to which is transferred to the county, will be subject, before being placed in service, to an annual fee payment as provided in Section 4-12-20.
(b) Any undeveloped land, title to which is transferred to the county, will be subject, before being developed and placed in service, to an annual fee payment as provided in Section 4-12-20. The time during which fee payments are made under Section 4-12-20 will not be considered part of the maximum periods provided in subsection (C)(2) and (C)(3), and no lease shall be considered an "initial lease agreement" for purposes of this section unless and until the first day of the calendar year for which a fee payment is due under subsection (D)(2) in connection with such lease.
(2) After property qualifying under subsection (B) is placed in service, an annual fee payment determined in accordance with one of the following is due:
(a) an annual payment in an amount not less than the property taxes that would be due on the project if it were taxable, but using an assessment ratio of not less than 6 percent, and a fixed millage rate as provided in subsection (G), and a fair market value estimate determined by the South Carolina Department of Revenue as follows:
(i) for real property using the original income tax basis for South Carolina income tax purposes without regard to depreciation (provided, however, if real property is constructed for the fee or is purchased in an arm's length transaction, fair market value will be deemed to equal the original income tax basis, otherwise the Department of Revenue will determine fair market value by appraisal); and
(ii) for personal property using the original tax basis for South Carolina income tax purposes less depreciation allowable for property tax purposes, except that the investor is not entitled to any extraordinary obsolescence.
(b) an annual payment as provided in subsection (D)(2)(a), except that every fifth year the applicable millage rate is allowed to increase or decrease in step with the average actual millage rate applicable in the district where the project is located based on the preceding five year period.
(3) At the conclusion of the payments determined pursuant to items (1) and (2) of this subsection, an annual payment equal to the taxes due on the project as if it were taxable. When the property is no longer subject to the fee under subsection (D)(2), the fee or property taxes must be assessed:
(a) with respect to real property, based on the fair market value as of the latest reassessment date for similar taxable property; and
(b) with respect to personal property, based on the then depreciated value applicable to such property under the fee, and thereafter continuing with the South Carolina property tax depreciation schedule.
(E) Calculations pursuant to subsection (D)(2) must be made on the basis that the property, if taxable, is allowed all applicable property tax exemptions except the exemption allowed under Section 3(g) of Article X of the Constitution of this State and the exemption allowed pursuant to Section 12-37-220(B)(32) and (34).
(F)(1) If an investor disposes of property subject to the fee, the fee must be reduced by the amount of the fee applicable to that property.
(2) Property is disposed of only when it is scrapped or sold in accordance with the lease agreement.
(G)(1) The county and the investor may enter into an agreement to establish the millage rate (millage rate agreement) for purposes of calculating payments under subsection (D)(2)(a) and the first five years under subsection (D)(2)(b). This millage rate agreement must be executed on the date of the inducement agreement or any time thereafter up to and including the date of the initial lease agreement. This millage rate agreement may be a separate agreement or may be made a part of either the inducement agreement or the initial lease agreement.
(2) The millage rate cannot be lower than the cumulative property tax millage rate legally levied by or on behalf of all taxing entities within which the subject property is to be located which is the cumulative rate applicable on the thirtieth day of June preceding the calendar year in which the millage rate agreement is executed. If no millage rate agreement is executed before the date of the initial lease agreement, the millage rate is deemed to be the cumulative property tax millage rate applicable on the thirtieth day of June preceding the calendar year in which the initial lease agreement is executed by the parties.
(H)(1) Upon agreement of the parties, and except as provided in subsection (H)(2), an inducement agreement, a millage rate agreement or both may be amended or terminated and replaced with regard to all matters, provided, however, that no such amendment or termination and replacement may take place after the initial lease agreement date.
(2) No amendment or replacement of an inducement agreement or millage rate agreement may be used to change the millage rate under any such agreement.
(I) Any and all investment expenditures made or incurred by any investor in connection with a project (or relevant phase thereof in connection with a project completed and placed in service in more than one year) shall qualify as expenditures subject to the fee in subsection (D)(2), so long as such expenditures are made:
(1) after the county takes action reflecting or identifying the project or proposed project or investment including, but not limited to, the adoption of an inducement or similar resolution by county council; and
(2) before the end of the applicable five or seven year period referenced in subsection (C)(2) and (C)(3). An inducement agreement must be executed within two years after the date on which the county takes action reflecting or identifying the project or proposed project or investment including, but not limited to, the adoption of an inducement or similar resolution by county council; otherwise, only investment expenditures made or incurred by any investor after the date of such inducement agreement in connection with a project shall qualify as expenditures subject to the fee in subsection (D)(2).
(J)(1) Property which has been previously subject to property taxes in South Carolina will not qualify for the fee except as provided in this subsection:
(a) land, excluding improvements thereon, on which a new project will be located may qualify for the fee even if it has previously been subject to South Carolina property taxes;
(b) property which has been subject to South Carolina property taxes, but which has never been placed in service in South Carolina, may qualify for the fee.
(2) Repairs, alterations, or modifications to real or personal property which are not subject to a fee will not be eligible for a fee, even if they are capitalized expenditures, except for modifications to existing real property improvements which constitute an expansion of such improvements.
(K)(1) For a project not located in an industrial development park as defined in Section 4-1-170, distribution of the fee-in-lieu of taxes on the project must be made in the same manner and proportion that the millage levied for school and other purposes would be distributed if the property were taxable. For this purpose, the relative proportions must be calculated based on the following procedure: holding constant the millage rate set in subsection (G) and using all tax abatements automatically granted for taxable property, a full schedule of the property taxes that would otherwise have been distributed to each millage levying entity in the county must be prepared for the life of the agreement, up to twenty years maximum. The total taxes for each millage levying entity as a percentage of the total taxes for all such entities determines each entity's relative shares of each year's fee payment for all subsequent years of the agreement.
(2) For a project located in an industrial development park as defined in Section 4-1-170, distribution of the fee-in-lieu of taxes on the project must be made in the manner provided for by the agreement establishing the industrial development park.
(L) Projects on which a fee-in-lieu of taxes is paid pursuant to this section are considered taxable property at the level of the negotiated payments for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State, and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3). However, for a project located in an industrial development park as defined in Section 4-1-170, projects are considered taxable property in the manner provided in Section 4-1-170 for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State, and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3). Provided, however, that the computation of bonded indebtedness limitation is subject to the requirements of Section 4-29-68(E).
(M) An entity subject to the fee may enter into any lending, financing, security or similar arrangement, with any financing entity, concerning all or part of a project, provided that the income tax ownership of the property which is subject to the fee payment under subsection (D)(2) is held, by the time the fee payments relating to such property begin under subsection (D)(2), by the entity subject to the fee.
(N)(1) An entire fee interest may be transferred to another entity which is qualified to enter into a fee agreement under subsection (B)(4)(a). A fee interest is an inducement agreement, millage rate agreement, lease agreement and the entity's entire property interest in the project subject to the fee. Any or all equity interests in a partnership, corporation, association or limited liability company which properly files its South Carolina income tax returns as a partnership or corporation and which has an interest in an inducement agreement, millage rate agreement, and lease agreement (such equity interests collectively and individually referred to as an "entity interest") may be transferred by any entity to any entity, provided that the entity whose entity interest is being transferred holds at least a $10 million investment (based on income tax basis without regard to depreciation) in the project as of the time of the transfer.
(2) All transfers of fee interests or entity interests authorized under subsection (N) must meet the following requirements:
(a) The county must approve such transfer within six months prior to the transfer.
(b) The Department of Revenue must receive notification in writing of the identity of each transferee and other information required by the Department of Revenue within 30 days after the transfer becomes effective. The Department of Revenue may extend the 30 day period upon written request. Failure to meet this notice requirement will not adversely affect the fee, but a penalty may be assessed by the Department of Revenue for late notification for up to $10,000 a month or portion of a month, with the total penalty not to exceed $50,000.
(c) No election under Internal Revenue Code of 1986, as amended, Sections 338 or 754 may be made with respect to the transfer.
(d) Each transferee must agree to be bound by the applicable agreements constituting the fee arrangement.
(e) Any transfer must be for fair market value or result in a carryover basis for income tax purposes. If for income tax purposes, the property begins a new depreciable life for the asset, the property also begins a new depreciable life for purposes of computing the fee. In no event is the time period for receiving the fee extended.
(O) Notwithstanding any other provision of this section to the contrary, if at any time following the period provided in subsection (C)(2), the investment based on income tax basis without regard to depreciation falls below the $10 million minimum investment to which the fee relates, the fee provided in subsection (D)(2) is no longer available and the investor is required to make the payments which are due under Section 4-12-20 for the remainder of the lease period.
(P) The minimum amount of investment provided in subsection (B)(3) of this section may not be reduced except by a special vote which, for purposes of this section, means an affirmative vote in each branch of the General Assembly by two-thirds of the members present and voting, but not less than three-fifths of the total membership in each branch.
(Q)(1) The investor shall file the returns, contracts, and other information which may be required by the Department of Revenue.
(2) Fee payments, and returns showing investments are due at the same time as property tax payments and property tax returns would be due if the property were owned by the party obligated to make such fee payments and file such returns.
(3) Failure to make a timely fee payment and file required returns shall result in penalties being assessed as if the payment or return was a property tax payment or return.
(4) The Department of Revenue may issue the rulings and promulgate regulations it determines necessary or appropriate to carry out the purpose of this section.
(5) The provisions of Chapters 4 and 54 of Title 12 applicable to property taxes shall apply to this section; and for purposes of such application, the fee shall be considered a property tax. Sections 12-54-20, 12-54-80, and 12-54-155 do not apply to this section.
(6) If the entity subject to the fee fails to make the fee lease payments as provided by the agreements between the entity and the county, upon 90 days notice, the county may terminate the fee and lease agreement and sell the property to which the county has title free from any claim by the entity.
All references in this section to taxes shall be considered to mean South Carolina taxes unless otherwise expressly stated.
If any provision of this act or its application to any circumstance is held by a court of competent jurisdiction to be invalid for any reason, this holding does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end, the provisions of this act are severable.
(R) Projects with respect to which a lease agreement has been entered into before the effective date of this act are required to use the provisions of Section 4-29-67 of the 1976 South Carolina Code of Laws. Projects with total investments of less than $45 million within the time frame as provided in subsection (C)(2) with respect to which a lease agreement is entered into after December 31, 1995 are required to use the provisions contained in Section 4-12-30. Those projects in which the total investment is $45 million or more within the time frame provided in subsection (C)(2) have the option of using the provisions contained in Section 4-29-67 or 4-12-30.
SECTION 2. To amend Section 4-29-68, as amended, so as to add the following:
Section 4-29-68. (A) A county or municipality or special purpose district that receives and *retains revenues from a payment in lieu of taxes pursuant to Section 4-29-60, or Section 4-29-67, Section 4-12-20 or Section 4-12-30 may issue special source revenue bonds secured by and payable from all or a part of such revenues, subject to the following terms and conditions:
(1) The issuance of bonds is authorized by a duly adopted ordinance of the governing body of the issuer or, if the issuer is a special purpose district, an ordinance of the county council or councils in the county or counties in which the special purpose district is located, and a resolution of the governing body of the issuer, after a public hearing is held at least fifteen days after notice of the hearing is published in a newspaper of general circulation in the county or municipality or special purpose district.
(2) The bonds are issued solely for the purpose of paying the cost of designing, acquiring, constructing, improving, or expanding the infrastructure serving the issuer in order to enhance the economic development of the issuer and costs of issuance of the bonds. For purposes of this section, infrastructure includes improved and unimproved real property. Bonds issued pursuant to this section to finance the acquisition of real or personal property may be additionally secured by a mortgage of that real or personal property.
(3) The bonds may include amounts for capitalized interest for a period not to extend beyond the later of (a) the date that is three years from the date of issuance of the bonds and (b) the first date on which any ad valorem taxes (including, but not limited to, county or school district taxes) would have been payable on the property (other than unimproved real property) which is the subject of the payment in lieu of taxes.
(4) The issuer may use proceeds of the bonds (including by establishment of a reserve fund to be used) (a) directly for infrastructure owned or controlled by the issuer or (b) to make loans or grants to, or to participate in joint undertakings with, other agencies or political subdivisions of the State that own or control the infrastructure referred to in item (2) of this subsection.
(5) The bonds are, and must state on their face that they are, (a) payable solely from all or a specifically described part of the payments in lieu of taxes received and retained by the issuer under Section 4-29-60, Section 4-29-67, Section 4-12-20, Section 4-12-30 or Section 13 of Article VIII of the Constitution of this State, (b) not secured by, or in any way entitled to, a pledge of the full faith, credit, or taxing power of the issuer, (c) not an indebtedness of the issuer within the meaning of any state constitutional provision or statutory limitation but are payable solely from a special source that does not include revenues from any tax or license, and (d) not a pecuniary liability of the issuer or a charge against the issuer's general credit or taxing power.
(6) The ordinance authorizing the issuance of the bonds shall specifically describe the portion of the payments in lieu of taxes received and retained by the issuer from which the bonds are payable and by which the bonds are secured.
(7) The bonds may be executed and delivered at any time as a single issue or from time to time as several issues, be in the form and denominations, be of the tenor, be payable in the installments and at the time or times not to exceed the time over which payments in lieu of taxes are scheduled to be received, be subject to the terms of redemption, be payable at the place or places, bear interest at the rate or rates which is payable at the place or places, and contain provisions not inconsistent with this section, all of which must be provided in the ordinance authorizing the bonds.
(8) The bonds may be sold at public or private sale at the prices and in the manner and from time to time as may be determined by the governing board to be most advantageous, and the governing board may pay, as a part of the costs described in item (2) of this subsection, and out of the bond proceeds, all expenses, premiums, commissions, and expenses which the governing board considers necessary or advantageous in connection with the authorization, sale, and issuance of the bonds.
(9) The ordinance may provide for the issuance, in the future, of further bonds on a parity with those initially issued, but the proceedings may preclude the issuance of bonds or any obligations of any sort secured by a lien prior to the lien of the bond or bonds afterward issued on a parity with the bonds.
(10) Pending the issuance of bonds, bond anticipation notes may be issued, and to the end that a vehicle be provided therefor, the provisions of Section 11-17-10 to Section 11-17-110, as now or hereafter amended, are applicable to the bond anticipatory borrowing.
(11) The ordinance authorizing the issuance of the bonds may contain agreements and provisions customarily contained in the instruments securing revenue or special source bonds as the governing board considers advisable, but the issuer does not have the power to obligate itself to impose or maintain any particular level of tax rates.
(B) A county or municipality or special purpose district that receives and retains revenues from a payment in lieu of taxes pursuant to Section 4-29-60, or Section 4-29-67, Section 4-12-20 or Section 4-12-30 may pledge the revenues as additional security for general obligation debt or revenue debt of the issuer if the general obligation debt or revenue debt is issued in accordance with items (1) and (2) of this subsection.
(C) A county or municipality or special purpose district that receives and retains revenues from a payment in lieu of taxes pursuant to Section 4-29-60, or Section 4-29-67, Section 4-12-20 or 4-12-30 may pledge the revenues as additional security for general obligation debt or revenue debt of other agencies or political subdivisions of the State referred to in item (4)(b) of this subsection if the pledge is authorized by a duly-adopted ordinance of the governing body of the county or municipality or special purpose district after a public hearing is held at least fifteen days after notice of the hearing is published in a newspaper of general circulation in the county or municipality or special purpose district, and if the general obligation debt or revenue debt to which the revenues received from a payment in lieu of taxes are pledged is issued solely for the purpose of paying the cost of designing, acquiring, constructing, improving, or expanding the infrastructure serving the county or municipality or special purpose district in order to enhance the economic development of the county or municipality or special purpose district and costs of issuance of the bonds.
(D) Revenues received by a county or municipality or special purpose district which may be pledged or from which bonds may be payable and secured pursuant to this Section 4-29-68 or Section 4-1-175 may be used jointly to pay or secure a single series of bonds.
(E) A political subdivision of this State subject to the limitation of Section 14(7)(a) of Article X of the Constitution of this State pledging pursuant to this section all or a portion of the revenues received and retained by that subdivision from a payment in lieu of taxes to the repayment of any bonds shall not include in the assessed value of taxable property located in the political subdivision for the purposes of calculating the limit imposed by that section of the Constitution any amount representing the value of the property that is the basis of the pledged portion of revenues. If the political subdivision, before pledging revenues pursuant to this section, has included an amount representing the value of a parcel or item of property that is the subject of a payment in lieu of taxes in the assessed value of taxable property located in the political subdivision and has issued general obligation debt within the debt limit calculated on the basis of such assessed value, then it may not pledge pursuant to this section revenues based on the item or parcel of property, to the extent that the amount representing its value is necessary to permit the outstanding general obligation debt within the debt limit of the political subdivision.
(F) A county, municipality, or special purpose district that receives and retains revenues from a payment in lieu of taxes pursuant to Section 4-1-170, 4-29-60, or 4-29-67 in which these revenues are derived in whole or in part from a redevelopment project area established pursuant to Title 31, Chapter 6 shall allocate these revenues in accordance with the ordinance of the municipality adopted pursuant to Section 31-6-70 as if these revenues remained ad valorem taxes. All taxes collected in the redevelopment project area which are not subject to the ordinance of the municipality adopted pursuant to Section 31-6-70 become payments in lieu of taxes and the portion collected by the municipality may be pledged to secure special source revenue bonds issued by the municipality pursuant to Section 4-1-175 or this section.
SECTION 3. To amend Section 12-7-1220(J)(1), as amended, to add the following:
Section 12-7-1220(J)(1). If a corporation qualifies to use the fee in lieu of property taxes provided in Sections 4-29-67 or Section 4-12-30 and fails to qualify for a credit under this section solely because it is an S corporation, then each of the shareholders of the S corporation qualifies for a nonrefundable credit against taxes imposed pursuant to Section 12-7-210.
SECTION 4. This act shall be effective for tax years beginning after December 31, 1995.
Rep. HARRELL explained the amendment.
Rep. SHEHEEN raised the Point of Order that Amendment No. 4 was out of order as it was not germane.
Rep. HARRELL argued contra the Point.
The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.
The Bill was read the second time and ordered to third reading.
Rep. ROBINSON 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:
Askins Breeland Brown, G. Brown, H. Carnell Clyburn Dantzler Easterday Fair Fleming Fulmer Hallman Harris, J. Harris, P. Harrison Haskins Herdklotz Huff Hutson Jaskwhich Kinon Kirsh Klauber Koon Marchbanks Martin McAbee McCraw McKay McMahand McTeer Neal Phillips Rhoad Riser Robinson Sharpe Smith, R. Stille Stoddard Townsend Tripp Tucker Waldrop Wells Wilder Witherspoon Wofford Young, A.
Those who voted in the negative are:
Allison Anderson Bailey Baxley Brown, J. Byrd Cato Cave Chamblee Cobb-Hunter Cotty Cromer Delleney Elliott Gamble Govan Harrell Hines Hodges Howard Inabinett Jennings Kelley Keyserling Knotts Lanford Law Limbaugh Limehouse Littlejohn Lloyd Meacham Moody-Lawrence Quinn Rice Richardson Rogers Sandifer Scott Sheheen Simrill Smith, D. Spearman Stuart Trotter Vaughn Whatley Wilkins Williams Wright Young, J.
So, the House refused to adjourn.
The motion period was dispensed with on motion of Rep. FLEMING.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
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. QUINN moved to adjourn debate upon the Bill.
Rep. ROBINSON moved to table the motion.
Rep. KELLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Breeland Brown, G. Brown, H. Brown, J. Cain Cato Cobb-Hunter Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Haskins Hines Hodges Howard Huff Hutson Inabinett Jaskwhich Jennings Kinon Koon Lanford Limehouse Lloyd Marchbanks McMahand McTeer Meacham Moody-Lawrence Neal Rhoad Rice Riser Robinson Rogers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Townsend Tripp Trotter Vaughn Walker Wells Whatley Whipper, S. White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Askins Bailey Baxley Byrd Carnell Cave Chamblee Clyburn Cotty Cromer Dantzler Harris, J. Harris, P. Herdklotz Kelley Keyserling Kirsh Klauber Knotts Law Limbaugh Littlejohn Martin McAbee McKay Phillips Quinn Richardson Scott Sheheen Shissias Spearman Stoddard Thomas Tucker Williams Wofford Wright
So, the motion to adjourn debate was tabled.
Rep. QUINN moved to reconsider the vote whereby the House refused to continue the Bill.
Rep. SHEHEEN raised the Point of Order that the motion to reconsider the vote whereby the motion to continue failed was out of order as it was a procedural motion and could not be reconsidered.
The SPEAKER sustained the Point of Order and ruled the motion out of order.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7421BDW.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-7-2730 of the 1976 Code, as amended by Part II, Act 189 of 1989, is amended to read:
"Section 20-7-2730. a.(A) Application for license must be made on forms supplied by the department and in the manner it prescribes.
b.(B) Before issuing a license the department shall conduct an investigation of the applicant and the proposed plan of care for children and for operating a private child day care center or group day care home. If the results of the investigation verify that the provisions of this subarticle and the applicable regulations promulgated by the department are satisfied, a license must be issued. The applicant shall cooperate with the investigation and related inspections by providing access to the physical plant, records, excluding financial records, and staff. Failure to comply with the regulations promulgated by the department within the time period specified in this subarticle, provided that if adequate notification of deficiencies has been made, is a ground for denial of application. The investigation and inspections may involve consideration of any facts, conditions, or circumstances relevant to the operation of the child day care center or group day care home, including references and other information about the character and quality of the personnel.
c.(C) Each license must be conditioned by stating clearly the name and address of the licensee, the address of the child day care center or group day care home, and the number of children who may be served.
d.(D) Failure of the department, except as provided in Section 20-7-3070, to approve or deny an application within ninety days shall result results in the granting of a provisional license.
(E) No license may be issued to an operator who has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person,;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490.;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(F) No facility may employ or engage the services of a caregiver person who has been convicted of one of the crimes listed in this paragraph section. A person who has been convicted of one of the crimes listed in this paragraph section who applies for a license as an operator, applies for employment with, or is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be punished by a fine fined not exceeding more than five thousand dollars or imprisonment imprisoned not exceeding more than one year, or both.
(G) Application forms for licenses issued under this chapter by the department and application forms for employment at an individual private child day care center or a group day care home must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as an operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(H) A person applying for a license as an operator under this section or seeking employment or seeking to provide caregiver services at a facility licensed under this section shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The State Department of Social Services may charge the licensee a fee for the cost of obtaining criminal history conviction records from the South Carolina Law Enforcement Division."
SECTION 2. Section 20-7-2740 of the 1976 Code is amended to read:
"Section 20-7-2740. a.(A) Regular licenses may be renewed upon application and approval. Notification of a child day care center or group day care home regarding renewal shall be is the responsibility of the department.
b.(B) Application for renewal shall must be made on forms supplied by the department in the manner it prescribes.
c.(C) Before renewing a license the department shall conduct an investigation of the child day care center or group day care home. If the results of the investigation verify that the provisions of this subarticle and the applicable regulations promulgated by the department are satisfied, the license shall must be renewed. The licensee shall cooperate with the investigation and related inspections by providing access to the physical plant, records, and staff. Failure to comply with the regulations promulgated by the department within the time period specified in this subarticle provided, if adequate notification of deficiencies has been made, is a ground for revocation of the license. The investigation and inspections may involve consideration of any facts, conditions, or circumstances relevant to the operation of the child day care center or group day care home.
(D) No license may be renewed for any operator who has been convicted of:
(1) any a crime listed in Chapter 3 of Title 16, Offenses Against the Person,;
(2) any a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490.;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(E) Application forms for license renewals issued under this chapter by the department for private child day care centers or group day care homes must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) A licensee seeking license renewal under this section, its employees, and its caregivers, who have not done so previously, on the first renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required on subsequent renewals.
(G) No facility may employ or engage the services of a an employee or caregiver who has been convicted of one of the crimes listed in this paragraph section. The State Department of Social Services may charge the licensee a fee for the cost of attaining criminal history conviction records from the South Carolina Law-Enforcement Division."
SECTION 3. Section 20-7-2800 of the 1976 Code is amended to read:
"Section 20-7-2800. a.(A) Application for a statement of standard conformity or approval shall must be made on forms supplied by the department and in the manner it prescribes.
b.(B) Before issuing approval the department shall conduct an investigation of the applicant and the proposed plan of care for children and for operating a public child day care center or group day care home. If the results of the investigation verify that the provisions of the subarticle and the applicable regulations promulgated by the department are satisfied, approval shall must be issued. The applicant shall cooperate with the investigation and inspections by providing access to the physical plant, records, and staff. The investigation and related inspections may involve consideration of any facts, conditions, or circumstances relevant to the operation of the child day care center or group day care home, including references and other information about the character and quality of the personnel. If the child day care center or group day care home fails to comply with the regulations promulgated by the department within the time period specified in this subarticle provided, if adequate notification regarding deficiencies has been given, the appropriate public officials of the state and local government shall must be notified.
(C) A person applying for approval under this section, who will operate the facility, or seeking employment or seeking to provide caregiver services at a facility licensed under this section shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.
(D) No approval may be granted under this section if the person applying for approval or the operator, an employee, or a caregiver of the facility has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes in this subsection committed in other jurisdictions or under federal law.
(E) No facility may employ or engage the services of an operator, an employee, or a caregiver who has been convicted of one of the crimes listed in this section. A person who has been convicted of one of the crimes listed in this section who applies for approval as an operator at, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility licensed under this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) Application forms for a statement of standard conformity or approval issued under this chapter by the department and application forms for employment at individual public child day care centers or group day care homes must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."
SECTION 4. Section 20-7-2810 of the 1976 Code is amended to read:
"Section 20-7-2810. a.(A) Regular approvals may be renewed upon application and approval. Notification of a child day care center or group day care home regarding renewal shall be is the responsibility of the department.
b.(B) Application for renewal shall must be made on forms supplied by the department and in the manner it prescribes.
c.(C) Before renewing an approval the department shall conduct an investigation of the child day care center or group day care home. If the results of the investigation verify that the provisions of this subarticle and the applicable regulations promulgated by the department are satisfied, the approval shall must be renewed. The operator shall cooperate with the investigation and related inspections by providing access to the physical plant, records, and staff. If the operator's statement of approval cannot be renewed, the appropriate public officials shall must be notified.
(D) A person applying for approval renewal under this section, a person who will operate the facility, and its employees and caregivers, who have not done so previously, on the first approval renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required on subsequent renewals.
(E) No approval may be granted under this section if the person applying for approval, the operator of the facility, or an employee or a caregiver has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(F) No facility may employ or engage the services of an employee or a caregiver who has been convicted of one of the crimes listed in this section.
(G) Application forms for renewal of a statement of standard conformity or approval issued under this chapter by the department for individual public child day care centers or group day care homes must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."
SECTION 5. Section 20-7-2850 of the 1976 Code is amended to read:
"Section 20-7-2850. a.(A) Registration shall must be completed on forms supplied by the department and in the manner it prescribes.
b.(B) Prior to Before becoming a registered operator, the applicant shall:
(1) sign a statement that he has read the suggested standards developed by the department under Section 20-7-2980;
(2) furnish the department with a signed statement by each consumer parent verifying that the operator has provided each consumer parent with a copy of the suggested standards for family day care homes and the procedures for filing complaints;
(3) upon request, provide the department with any facts, conditions, or circumstances relevant to the operation of the family day care home, including references and other information regarding the character of the family day care home operator.
(C) A person applying to become a registered operator of a family day care home under this chapter or seeking employment or seeking to provide caregiver services at a family day care home registered under this chapter shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.
(D) No applicant may be registered as an operator if the person, his employees, or his caregivers have been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(E) No family day care home may employ or engage the services of an operator, an employee, or a caregiver who has been convicted of one of the crimes listed in this section. A person who has been convicted of one of the crimes listed in this section who applies for approval as an operator at, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility registered under this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) Application forms for registration issued under this chapter by the department and application forms for employment at a family day care home must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."
SECTION 6. Section 20-7-2860 of the 1976 Code is amended to read:
"Section 20-7-2860. a.(A) A statement of registration shall must be issued when the family day care operator satisfactorily completes the procedures prescribed by this subarticle. The current statement shall must be displayed in a prominent place in the facility at all times.
b.(B) Registration expires at the end of one year from the date of issuance of the statement of registration. Registration may be renewed according to the procedures developed by the department.
(C) A person applying for renewal of registration as an operator of a family day care home registered under this chapter and a person employed or providing caregiver services at a family day care home registered under this chapter, who has not done so previously, on the first renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required on subsequent renewals.
(D) Application forms for registration renewal issued under this chapter by the department for a family day care home must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
c.(E) The department shall have the power to may withdraw the statement of registration if one or more of the following apply:
(1) The health and safety of the children so require, if withdrawal.
(2) The facility has enrolled children beyond the limits defined in this subarticle, or if.
(3) The operator fails to comply with the registration procedures provided in this subarticle."
SECTION 7. Section 20-7-2900 of the 1976 Code is amended to read:
"Section 20-7-2900. a.(A) No local church congregation or established religious denomination or religious college or university which does not receive state or federal financial assistance for day care services may operate a child day care center or group day care home unless it complies with the requirements for registration, and inspection and the regulations for health and fire safety as set forth in Sections 20-7-2910 through 20-7-2970. Registration expires at the end of one year from the date of issuance of the statement of registration. Registration may be renewed according to the procedures developed by the department.
(B) No license or registration may be issued to a church congregation, established religious denomination, or religious college or university if a person who provides service as an operator, caregiver, or employee at the child care facility has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(C) No facility may employ or engage the services of an operator or any person who has been convicted of one of the crimes listed in this section.
(D) A person who has been convicted of one of the crimes listed in this section who seeks to provide services as an operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a church or religious day care center is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(E) Application forms for licensure or registration issued under this chapter by the department and application forms for employment at a church congregation, established religious denomination, or religious college or university must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) A person applying for a license or registration as an operator of a church or religious day care center or seeking employment or seeking to provide caregiver services at a church or religious day care center shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.
(G) A person applying for renewal of a license or registration as an operator of a church or religious day care center licensed or registered under this chapter and a person employed or registered under this chapter, who has not done so previously, on the first renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required on subsequent renewals."
SECTION 8. The 1976 Code is amended by adding:
"Section 20-7-2905. The State Law Enforcement Division may not impose a fee of more than twenty-five dollars to conduct a state criminal history review as required by the provisions of this subarticle."
SECTION 9. This act takes effect July 1, 1995./
Amend title to conform.
Rep. NEAL explained the amendment.
Rep. DAVENPORT moved to table the amendment, which was not agreed to.
The amendment was then adopted.
Reps. DAVENPORT and FAIR proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\21987AC.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 20-7-3097. Before the Department of Social Services employs a person in its day care licensing or child protective services divisions, the person shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. No person may be employed in these divisions if the person has been convicted of or pled guilty or nolo contendere to:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Reps. FAIR, HASKINS, HUFF, VAUGHN, ROBINSON and SIMRILL proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\4020AC.95), which was rejected.
Amend the bill, as and if amended, by deleting SECTION 7 of the bill in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then rejected.
Reps. DAVENPORT and FAIR proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\PT\2014AC.95), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. The 1976 Code is amended by adding:
Section 20-7-652. The State Department of Social Services and a local child protection services agency may not employ a person to work in the department's child protective services division or in the local child protective services agency performing child protective services unless the person has undergone psychological testing and the test results indicate that the person is psychologically and emotionally suited to carry out the responsibilities of the position. The Department of Social Services, after consulting with the State Board of Examiners in Psychology, shall promulgate regulations to carry out the requirements of this section.
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Rep. HOWARD raised the Point of Order that Amendment No. 4 was out of order as it was not germane.
Rep. DAVENPORT argued contra the Point in stating that day care was a protective custody or a position where people were put in the custody of individuals that are licensed by the State.
Rep. CROMER stated that the amendment dealt with a different entity of child protective services with the Department of Social Services and not child care centers.
Rep. HUFF stated that under certain situations someone from child protective services could be called for an examination of day care and if that happened, then this would relate to the review of the day care facilities.
The SPEAKER stated that the Bill dealt with the licensing of child care centers and the amendment dealt with protective services and psychological testing of who you can employ and it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. DAVENPORT proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\BBM\10301AC.95), which was adopted.
Amend the bill, as and if amended, by adding an appropriately SECTION to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 20-7-3097. At any time the department cites a child day care center, group day care home, or family day care home for a violation of this chapter or regulations promulgated pursuant to this chapter, the department shall provide the owner and operator of the center with a brochure stating, in language easily understood the rights and procedures available to the owner or operator for a hearing in accordance with the department's fair hearing regulations and the rights and procedures available to appeal a decision rendered under the department's fair hearing process."/
Amend title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\PFM\7504AC.95), which was adopted.
Amend the Committee on Medical, Military, Public and Municipal Affairs Report, as and if amended, Section 20-7-2730(H), page 46-3, line 4, by inserting after the /./:
/The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver./
Amend further, Section 20-7-2740(F), page 46-4, line 13, by deleting /The/; and by deleting lines 14 and 15.
Amend further, Section 20-7-2800(C), page 46-5, line 7, by inserting after the /./:
/The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver./
Amend further, Section 20-7-2810(D), page 46-6, line 21, by deleting /The fingerprint/; and by deleting lines 22 and 23.
Amend further, Section 20-7-2850(C), page 46-7, line 30, by inserting after the /./:
/The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver./
Amend further, Section 20-7-2860(C), page 46-8, line 37 by deleting /The/; and by deleting lines 38 and 39.
Amend further, Section 20-7-2900(F), page 46-10, line 25, by inserting after the /./:
/The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver./
Amend further, Section 27-7-2900(G), page 46-10, line 34, by deleting /The fingerprint/; and by deleting lines 35 and 36.
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Rep. QUINN moved to reconsider the vote whereby Amendment No. 3 was rejected.
Rep. CROMER moved to table the motion to reconsider.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Cotty Cromer Gamble Govan Harris, J. Hodges Howard Hutson Inabinett Jennings Keyserling Kirsh Knotts Lloyd McElveen McMahand McTeer Moody-Lawrence Neal Phillips Richardson Riser Rogers Scott Sheheen Shissias Spearman Stille Trotter Whipper, S. Wilder Wilkes Witherspoon
Those who voted in the negative are:
Allison Brown, H. Cain Carnell Cato Chamblee Cooper Dantzler Davenport Delleney Easterday Elliott Fair Fleming Fulmer Hallman Harrison Haskins Herdklotz Huff Kelley Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks McAbee Meacham Neilson Quinn Rhoad Rice Robinson Sandifer Seithel Sharpe Simrill Smith, R. Stuart Thomas Townsend Tripp Tucker Vaughn Waldrop Walker Wells Whatley Wilkins Wofford Wright Young, A. Young, J.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. HODGES moved that the House do now adjourn.
Rep. KNOTTS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Chamblee Clyburn Cobb-Hunter Davenport Delleney Easterday Fair Harris, J. Harris, P. Harrison Hines Hodges Howard Hutson Inabinett Keyserling Kirsh Klauber Lanford Lloyd Marchbanks Martin McAbee McCraw McMahand McTeer Moody-Lawrence Neal Phillips Rhoad Richardson Robinson Rogers Scott Sharpe Sheheen Smith, D. Smith, R. Spearman Stille Townsend Trotter Tucker Waldrop Wells Whipper, S. White Wilder Wilkes Witherspoon Wofford
Those who voted in the negative are:
Allison Bailey Cain Cato Cave Cooper Cotty Cromer Dantzler Elliott Fleming Fulmer Gamble Govan Hallman Haskins Herdklotz Huff Knotts Koon Law Limbaugh Limehouse Littlejohn Meacham Neilson Quinn Rice Riser Sandifer Shissias Simrill Stuart Tripp Vaughn Walker Whatley Wilkins Williams Wright Young, A. Young, J.
So, the motion to adjourn was agreed to.
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 #: 546 General Subject Matter: Day Care Centers
Amendment #: . Subject Matter: .
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. E. DeWITT McCRAW
Further proceedings were interrupted by adjournment, the pending question being the motion to reconsider the vote whereby Amendment No. 3 was rejected.
The Senate returned to the House with concurrence the following:
H. 3717 -- Reps. Carnell, Klauber, McAbee, Stille and Tucker: A CONCURRENT RESOLUTION TO WELCOME AMY HETTICH OF LARAMIE, WYOMING, THE 1995 MISS RODEO USA, TO SOUTH CAROLINA IN CONJUNCTION WITH HER APPEARANCE AT AN UPSTATE RODEO IN MAY AND TO EXTEND TO HER THE PRIVILEGE OF THE HOUSE FLOOR ON THURSDAY, MAY 25, 1995.
H. 4213 -- Rep. Lanford: A CONCURRENT RESOLUTION TO RECOGNIZE THE ANNUAL FAMILY-ORIENTED CELEBRATION OF BROTHERHOOD AND GOOD HUMOR, BUBBAFEST, AND TO ENCOURAGE SOUTH CAROLINIANS TO PARTICIPATE IN BUBBAFEST '95, SEPTEMBER 8 AND 9 AT MCKINNEY PARK IN WOODRUFF AND ENJOY THE SIGNATURE EVENT OF THE THIRD ANNUAL BUBBAFEST, THE BUBBA-Q COOK-OFF.
H. 4214 -- Rep. Meacham: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO DR. ALLEN D. EDWARDS OF ROCK HILL UPON BEING NAMED THE "1995 OUTSTANDING OLDER SOUTH CAROLINIAN".
H. 4222 -- Rep. Govan: A CONCURRENT RESOLUTION CONGRATULATING THE KIWANIS CLUB OF ORANGEBURG ON SERVING THE STATE OF SOUTH CAROLINA AND THE CITIZENS OF ORANGEBURG FOR FIFTY YEARS.
At 12:30 P.M. the House in accordance with the motion of Rep. COTTY adjourned in memory of W. Leslie Robertson of Columbia, to meet at 10:00 A.M. tomorrow.
This web page was last updated on Monday, June 29, 2009 at 1:50 P.M.