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:
Eternal God, Who has spoken to Your people at creation, from Mt. Sinai and from the Light at Bethlehem, speak to us Your truths for our present age. Grant to us clean thoughts and words and worthy motives. And since this new day is an unearned gift from Your good and gracious hand, enable us to use each moment of it well. Lead us as we evaluate options, reconcile differences. Keep us from wasting time on the wrong things or on things that do not matter. From the beginning of this day to the end of it help us fervently "to do justly, to love mercy, and to walk humbly with our God."
Look with favor, Lord, upon this our prayer offered in 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. WALKER moved that when the House adjourns, it adjourn in memory of Walter S. Montgomery, Sr. of Spartanburg, which was agreed to.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 1054 -- Senators J. Verne Smith, Drummond, Hayes, Elliott and Glover: A BILL TO AMEND SECTION 6-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A PETITION PRIOR TO THE ACQUISITION OF A PROJECT BY A JOINT AGENCY, SO AS TO FURTHER ALLOW THE PUBLIC SERVICE COMMISSION TO APPROVE CERTAIN TYPES OF PROJECTS WHICH CONSIST OF CERTAIN KINDS OF ELECTRIC GENERATING PLANTS AND PROVIDE THAT THE COMMISSION'S APPROVAL IS NOT NECESSARY FOR PROJECTS FOR TRANSMISSION, DISTRIBUTION, OR TRANSFORMATION OF ELECTRIC POWER AND ENERGY; TO AMEND SECTION 6-23-90, RELATING TO THE RIGHTS AND POWERS OF A JOINT AGENCY, SO AS TO DELETE A REFERENCE TO SECTION 6-23-120, DELETE THE PROVISION WHICH PROVIDES FOR JOINT AGENCIES TO ACQUIRE NOT LESS THAN TEN PERCENT OF RATED CAPACITY FROM AN ELECTRIC SUPPLIER, ADDING A PROVISION FOR JOINT AGENCIES TO NEGOTIATE AND ENTER CONTRACTS WITH ANY PERSON, FIRM, OR CORPORATION, WITHIN OR WITHOUT THE STATE, AUTHORIZING JOINT AGENCIES TO ENTER INTO CONTRACTS MAKING THEM OBLIGATED TO MAKE PAYMENTS REQUIRED BY A CONTRACT WHERE THE FACILITIES FROM WHICH SERVICES ARE PROVIDED ARE COMPLETED, OPERABLE AND OPERATING, AND THAT THESE PAYMENTS ARE NOT SUBJECT TO REDUCTIONS AND ARE NOT CONDITIONED UPON THE PERFORMANCE OR NONPERFORMANCE OF ANY PARTY; TO AMEND SECTION 6-23-170, RELATING TO INVESTMENTS OF A JOINT AGENCY OF MONIES PENDING DISBURSEMENT, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OR PERSONS AUTHORIZED TO MAKE INVESTMENT DECISIONS ON BEHALF OF JOINT AGENCIES ARE CONSIDERED TO BE TRUSTEES AND SUBJECT TO THE PRUDENT INVESTOR STANDARD; AND TO REPEAL SECTION 6-23-120, RELATING TO THE SALE OF EXCESS POWER OR OUTPUT OF A PROJECT NOT THEN REQUIRED BY ANY OF THE MEMBERS OF THE JOINT AGENCY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1033 -- Senator Jackson: A BILL TO AMEND SUBARTICLE 7, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO THE DISPOSITIONAL POWERS OF THE FAMILY COURT, BY ADDING SECTION 20-7-1331, SO AS TO ENACT THE "YOUTH MENTOR ACT", TO REQUIRE THE ATTORNEY GENERAL TO ESTABLISH A YOUTH MENTOR PROGRAM, CONSISTING OF A CHURCH MENTOR PROGRAM AND A COMMUNITY MENTOR PROGRAM, AND TO PROVIDE THAT PARTICIPATION IN THE PROGRAM MAY BE REQUIRED AS A PRETRIAL DIVERSION OPTION BY A SOLICITOR OR AS AN OPTIONAL, ALTERNATIVE DISPOSITION OF A CASE BY A FAMILY COURT JUDGE; AND TO AMEND SECTION 20-7-1330, RELATING TO DISPOSITION OF CASES INVOLVING CHILDREN WITHIN THE JURISDICTION OF THE FAMILY COURT, SO AS TO ADD AS A DISPOSITIONAL POWER OF THE COURT THE POWER TO ORDER A CHILD TO PARTICIPATE IN A COMMUNITY MENTOR PROGRAM AS PROVIDED IN SECTION 20-7-1331.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1164 -- Judiciary Committee: A BILL TO AMEND PART I, ARTICLE 2, CHAPTER 2, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-114, SO AS TO PROVIDE THAT IF THE PARENTS, WHO ARE HEIRS OF A CHILD PURSUANT TO 62-2-103(2), ARE DIVORCED, SEPARATED, OR LIVING APART, UPON MOTION OF EITHER PARENT, THE PROBATE COURT MAY DENY OR LIMIT EITHER PARENT'S ENTITLEMENT FOR A SHARE OF THE PROCEEDS IF THE COURT DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT; AND TO AMEND SECTION 42-9-140, RELATING TO WORKERS' COMPENSATION PAYMENTS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS, SO AS TO PROVIDE THAT THE COMMISSION MAY DENY OR LIMIT PAYMENTS TO A PARENT WHO IS OTHERWISE ENTITLED TO RECOVER AMOUNTS PROVIDED FOR A DECEASED EMPLOYEE IF THE COMMISSION DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 1278 -- Senator Holland: A BILL TO AMEND SECTION 1-7-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO DELETE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY AS A MEMBER OF THE COMMISSION, AND TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL SERVE AS A MEMBER OF THE COMMISSION IN HIS PLACE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 1345 -- Senator McConnell: A BILL TO AMEND SECTION 54-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE HUNLEY COMMISSION IS EXEMPT FROM THE STRICTURES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR PURPOSES OF THE HUNLEY PROJECT, AND TO PROVIDE THAT THE HUNLEY COMMISSION IS PROHIBITED FROM RELINQUISHING SOUTH CAROLINA'S CLAIM OF TITLE TO THE HUNLEY UNLESS PERPETUAL SITING OF THE SUBMARINE IN SOUTH CAROLINA IS ASSURED BY THE FEDERAL GOVERNMENT IN AN AGREEMENT.
Ordered for consideration tomorrow.
The following was introduced:
H. 4984 -- Rep. Hutson: A HOUSE RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA ON THE SELECTION OF MR. WAYNE P. VAN VRANKEN OF SUMMERVILLE AS THE "1996 OUTSTANDING OLDER SOUTH CAROLINIAN" BY THE OFFICE OF THE GOVERNOR, DIVISION ON AGING, AND TO PUBLICLY RECOGNIZE HIM ON WEDNESDAY, MAY 15, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THIS OUTSTANDING HONOR.
The Resolution was adopted.
The following was introduced:
H. 4985 -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MARION T. BURNSIDE OF HOPKINS, RICHLAND COUNTY, MEMBER AT LARGE OF THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES BOARD, FOR BEING NAMED A 1996 JEFFERSON AWARD RECIPIENT IN RECOGNITION OF HIS OUTSTANDING PUBLIC SERVICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committee:
H. 4986 -- Rep. Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-325 SO AS TO PROVIDE THAT IF LEGAL NOTICE OR PROCESS IS REQUIRED OR PERMITTED BY LAW TO BE PUBLISHED OR SERVED BY PUBLICATION, THE MEANS OF PUBLICATION INCLUDE RADIO OR TELEVISION BROADCAST AND TO REQUIRE THE SUPREME COURT BY RULE TO PROVIDE FOR THE MANNER OF SUCH PUBLICATION.
Referred to Committee on Judiciary.
S. 163 -- Senators Leventis, Wilson, Rose, Hayes and Passailaigue: A BILL TO AMEND SECTIONS 14-7-1610, 14-7-1615, AND 14-7-1630, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE JURISDICTION TO INCLUDE ENVIRONMENTAL OFFENSES.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Anderson Askins Baxley Boan Breeland Brown, H. Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cromer Dantzler Delleney Easterday Fleming Fulmer Gamble Govan Harrell Harris, J. Harris, P. Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Keegan Kelley Kinon Kirsh Koon Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Phillips Richardson Riser Robinson Sandifer Scott Sharpe Sheheen Shissias Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Tucker Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Worley Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, May 1.
Teddy N. Trotter James S. Klauber Harry M. Hallman, Jr. David A. Wright Sandra S. Wofford William D. Keyserling J.M. Knotts, Jr. James N. Law Steve P. Lanford Rex Fontaine Rice Joe E. Brown John G. Felder J. Gary Simrill William F. Cotty Theodore A. Brown Grady A. Brown Lewis R. Vaughn George H. Bailey Merita A. Allison James H. Harrison Ralph W. Canty Richard M. Quinn, Jr. L. Morgan Martin Alma W. Byrd G. Ralph Davenport, Jr. Timothy F. Rogers Denny W. Neilson C. Alex Harvin III Joseph T. McElveen, Jr. Lynn Seithel
LEAVES OF ABSENCE
The SPEAKER granted Reps. ALLISON and VAUGHN a temporary leave of absence.
I signed in late at 10:14 A.M. because I was involved in Criminal Laws Subcommittee Re: Omnibus Highway Safety Act, since 9:00 A.M. this morning.
Rep. J.M. KNOTTS, JR.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 30.
Announcement was made that Dr. John Rowell of Greenville is the Doctor of the Day for the General Assembly.
Rep. WILKES, on behalf of the Fairfield Delegation, presented to the House the Richard Winn Academy Football Team, winners of the 1995 SCISA AA State Championship, their coaches and other school officials.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4977 -- Rep. McKay: A BILL TO RESTRICT IN FLORENCE COUNTY THE OPEN BURNING OF LEAVES, TREE BRANCHES, AND YARD TRIMMINGS UNDER CERTAIN CONDITIONS AND TO AUTHORIZE CAMPFIRES ONLY FOR RECREATIONAL PURPOSES OR HUMAN WARMTH.
The following Bill was taken up.
S. 972 -- Senator Bryan: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS COUNTY TRANSPORTATION COMMITTEE.
Rep. McABEE, with unanimous consent, proposed the following Amendment No. 2 (Doc Name P:\amend\PT\2496JM.96), which was adopted.
Amend the bill, as and if amended, page 1, by striking line 30 and inserting:
/SECTION 3. The provisions of this act apply in like manner to McCormick, Greenwood, and Abbeville Counties.
SECTION 4. This act takes effect upon approval by the Governor./
Rep. McABEE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time and ordered sent to the Senate.
The following Bill was taken up.
S. 1362 -- Senator Ryberg: A BILL TO PROHIBIT THE CITY OF AIKEN, BY CONTRACT OR OTHERWISE, FROM REQUIRING PERSONS OUTSIDE THE CITY RECEIVING WATER, SEWER, OR FIRE PROTECTION SERVICES TO REFRAIN FROM OPPOSING ANNEXATION AS A CONDITION OF CONTINUED RECEIPT OF WATER, SEWER, OR FIRE PROTECTION SERVICES, IF THE CITY EXTENDED WATER, SEWER, OR FIRE PROTECTION SERVICES TO THE PERSON PRIOR TO JANUARY 1, 1995, WITHOUT SUCH A REQUIREMENT.
Rep. R. SMITH proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9342AC.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Notwithstanding any other provision of law, the City of Aiken may not, by ordinance or otherwise, impose upon a customer receiving water, sewer, or fire protection services from the City of Aiken whose property is without the corporate limits of the City of Aiken, or upon a subsequent purchaser, assignee, transferee, or other successor in interest to the property served, a requirement that the customer refrain from opposing annexation as a condition of continued receipt of water, sewer, or fire protection services, if the City of Aiken has:
(1) extended water, sewer, or fire protection services to the customer, pursuant to a contractual agreement which did not contain a clause or provision prohibiting the customer from opposing annexation if such property becomes contiguous to the City of Aiken; or
(2) extended such services to the customer under any circumstances without any specific agreement with respect to annexation.
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. R. SMITH moved to adjourn debate upon the Bill until Thursday, May 16, which was adopted.
Rep. HODGES moved to adjourn debate upon the following Bill until Wednesday, May 22, which was adopted.
H. 4251 -- Rep. Hodges: A BILL TO AMEND SECTIONS 56-5-6520, 56-5-6530, AND 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SAFETY BELTS, SO AS TO MAKE A DRIVER RESPONSIBLE FOR REQUIRING EACH OCCUPANT OF A MOTOR VEHICLE UNDER EIGHTEEN YEARS OF AGE TO WEAR A SAFETY BELT OR ANOTHER CHILD RESTRAINT SYSTEM, TO CREATE THE OFFENSE OF FAILURE TO SECURE A SAFETY BELT ON A MINOR, TO PROVIDE FOR PENALTIES AND EXCEPTIONS TO THIS OFFENSE, TO REVISE THE PROVISIONS WHICH EXCLUDE CERTAIN OCCUPANTS FROM WEARING A SAFETY BELT, TO REVISE THE PENALTIES FOR VIOLATING THE MANDATORY USE OF SAFETY BELT REQUIREMENT, AND TO ALLOW A LAW ENFORCEMENT OFFICER TO STOP A DRIVER AND ISSUE A CITATION FOR A VIOLATION OF THIS REQUIREMENT.
Rep. JENNINGS moved to adjourn debate upon the following Bill until Tuesday, May 7, which was adopted.
H. 4245 -- Reps. Jennings, J. Harris, Kinon, Baxley, Martin and Thomas: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.
The following Bill was taken up.
H. 4477 -- Reps. Stille, J. Hines, Wilder, Simrill, Sandifer, Kirsh, Meacham, Easterday, Allison, Neilson, Herdklotz, Walker, Cotty, Shissias, Cromer, Klauber, Fleming, Baxley, Trotter, Wells, Davenport, Littlejohn, McMahand, Stuart, Witherspoon, Williams, Dantzler, McCraw, Marchbanks and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6245 SO AS TO PROVIDE THAT THE MOTOR VEHICLE DRIVEN BY A PERSON WHO IS NOT A LICENSED DRIVER OR WHOSE LICENSE TO DRIVE HAS BEEN CANCELED, SUSPENDED, OR REVOKED MUST BE IMPOUNDED UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE THAT THE COST ASSOCIATED WITH IMPOUNDING THE MOTOR VEHICLE MUST BE BORNE BY THE DRIVER.
Rep. STILLE explained the Bill.
Reps. S. WHIPPER, CAVE, SCOTT, BREELAND and CAIN objected to the Bill.
The ACTING SPEAKER HARRELL granted Rep. P. HARRIS a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 4545 -- Reps. Klauber, Simrill, Askins, Chamblee, Mason, R. Smith, Limehouse, Young-Brickell, Koon, Wright, Herdklotz, Sharpe, Knotts, Tripp, Elliott, Fulmer, D. Smith, Gamble, Quinn, Kennedy, Vaughn, Rice, Cato, Bailey, Wofford, Davenport, Whatley, Haskins, Worley, J. Young, Littlejohn, Law, Allison, Riser, Witherspoon, Lanford and Carnell: A BILL TO AMEND SECTION 58-27-865, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, RATES AND CHARGES, ESTIMATES OF FUEL COSTS, REPORTS, AND ADJUSTMENT OF DIFFERENCE BETWEEN ACTUAL AND ESTIMATED COSTS, SO AS TO DEFINE "COST" FOR THE PURPOSES OF THIS SECTION, DELETE CERTAIN LANGUAGE, PROVIDE THAT IT MUST BE CONCLUSIVELY PRESUMED THAT AN ELECTRICAL UTILITY MADE EVERY REASONABLE EFFORT TO MINIMIZE COST ASSOCIATED WITH THE OPERATION OF ITS NUCLEAR GENERATION FACILITY OR SYSTEM, AS APPLICABLE, IF THE UTILITY ACHIEVED A NET CAPACITY FACTOR OF NINETY PERCENT OR HIGHER DURING THE PERIOD UNDER REVIEW.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10800JM.96), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 58-27-865 of the 1976 Code is amended to read:
"Section 58-27-865. (A) The words 'fuel cost' as used in this section shall include the cost of fuel, fuel costs related to purchased power, and the cost of SO2 emission allowances as used and shall be reduced by the net proceeds of any sales of SO2 emission allowances by the utility.
(B) The commission shall direct each electrical utility which purchases fuel incurs fuel cost for the generation sale of electricity to submit to the commission, within such time and in such form as the commission may designate, its estimates of fuel costs, including cost of purchased power, for the next six twelve months. The commission may hold a public hearing at any time between the twelve-month reviews to determine whether an increase or decrease in the base rate amount designed to recover fuel cost should be granted. Upon investigation of the estimate and conducting public hearings in accordance with law, the commission shall direct each company to place in effect in its base rate an amount designed to recover, during the succeeding six twelve months, the fuel costs determined by the commission to be appropriate for that period, adjusted for the over-recovery or under-recovery from the preceding six-month twelve-month period. The commission shall direct the electrical utilities to send notice to the utility customers with the antecedent billing of the time and place of the public hearings to be held every six twelve months, and the commission shall again direct the electrical utilities to send notice to the utility customers with the next billing if the utility is granted a rate increase by the commission.
(B)(C) The commission shall direct the electrical utilities to account monthly for the differences between the recovery of fuel costs through base rates and the actual fuel costs experienced, by booking the difference to unbilled revenues with a corresponding deferred debit or credit, the balance of which will be included in the projected fuel cost component of the base rates for the succeeding period. The commission shall direct the electrical utilities to submit monthly reports of fuel costs, and monthly reports of all scheduled and unscheduled outages of generating units with a capacity of one hundred megawatts or greater.
(C)(D) Upon request by the commission staff, the electrical utilities, or the Consumer Advocate, a public hearing must be held by the commission at any time between the six-month twelve-month reviews to determine whether an increase or decrease in the base rate amount designed to recover fuel costs should be granted. If the request is by an electrical utility for a rate increase, the commission shall direct the utility to send notice of the request and hearing to all customers with the next billing, and if the commission grants the rate request subsequent to the request and hearing, the commission shall direct the utility to send notice of the amount of the increase or decrease to all customers with the next billing.
(D)(E) The commission may offset, to the extent considered appropriate, offset the cost of fuel recovered through sales of power pursuant to interconnection agreements with neighboring electrical utilities against fuel costs and purchased power costs to be recovered.
(E)(F) The commission shall disallow recovery of any fuel costs that it finds without just cause to be the result of failure of the utility to make every reasonable effort to minimize fuel costs or any decision of the utility resulting in unreasonable fuel costs, giving due regard to reliability of service, economical generation mix, generating experience of comparable facilities, and minimization of the total cost of providing service. There shall be a rebuttable presumption that an electrical utility made every reasonable effort to minimize cost associated with the operation of its nuclear generation facility or system, as applicable, if the utility achieved a net capacity factor of ninety-two and one-half percent or higher during the period under review. The calculation of the net capacity factor shall exclude reasonable outage time associated with reasonable refueling, reasonable maintenance, reasonable repair, and reasonable equipment replacement outages; the reasonable reduced power generation experienced by nuclear units as they approach a refueling outage; the reasonable reduced power generation experienced by nuclear units associated with bringing a unit back to full power after an outage; Nuclear Regulatory Commission required testing outages unless due to the unreasonable acts of the utility; outages found by the commission not to be within the reasonable control of the utility; and acts of God. The calculation also shall exclude reasonable reduced power operations resulting from the demand for electricity being less than the full power output of the utility's nuclear generation system. If the net capacity factor is below ninety-two and one-half percent after reflecting the above specified outage time, then the utility shall have the burden of demonstrating the reasonableness of its nuclear operations during the period under review.
(F)(G) The commission is authorized to promulgate, in accordance with the provisions of this section, all regulations necessary to allow the recovery by electrical utilities of all their prudently incurred fuel costs, including the cost of purchased power, as precisely and promptly as possible, in a manner that tends to assure public confidence and minimize abrupt changes in charges to consumers."/
Amend title to conform.
Rep. YOUNG-BRICKELL 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. 4861 -- Rep. Boan: A BILL TO AMEND CHAPTER 57, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE BROKERS, COUNSELORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, April 25, by the Committee on Labor, Commerce and Industry.
Rep. YOUNG-BRICKELL 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. 4686 -- Rep. Hodges: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS BY ADDING CHAPTER 26 SO AS TO ENACT THE "SOUTH CAROLINA CREDIT UNION ACT OF 1996", WHICH PROVIDES FOR THE ORGANIZATION, OPERATION, AND SUPERVISION OF COOPERATIVE NONPROFIT THRIFT AND CREDIT ASSOCIATIONS KNOWN AS CREDIT UNIONS, AND TO PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS; AND TO REPEAL CHAPTER 27 OF TITLE 34 RELATING TO COOPERATIVE CREDIT UNIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22727SD.96), which was adopted.
Amend the bill, as and if amended, by striking Section 34-26-240(1) of the 1976 Code as contained in SECTION 1, which begins on line 35, page 6, and inserting:
/(1) The board at periodic intervals not to exceed twenty-four months shall examine or cause to be examined each credit union. A credit union and any of its officers and agents shall be required to give the board or the board's representatives full access to all books, papers, securities, records, and other sources of information under their control./
Amend the bill further, as and if amended, by striking Section 34-26-370(3)(d) of the 1976 Code, as contained in SECTION 1, which begins on line 5, page 11, and inserting:
/(d) continued operation by the credit union is likely to have a substantially adverse impact on the financial, economic, or other interests of residents of this State./
Amend the bill further, as and if amended, by striking Section 34-26-420 of the 1976 Code, as contained in SECTION 1, which begins on line 21, page 12, and inserting:
/Section 34-26-420. A credit union may exercise incidental powers to enable it to carry out its purposes. However, the powers granted by state law or regulation to a state-chartered credit union shall not exceed those provided by federal law or regulation./
Amend the bill further, as and if amended, by striking Section 34-26-500(2) of the 1976 Code, as contained in SECTION 1, which begins on line 34, page 12, and inserting:
/(2) Credit union membership may include persons within one or more groups having a common bond or bonds of similar occupation, association, or to persons employed within a defined business district, building, industrial park or shopping center, and members of the family of such persons who are related by either blood or marriage./
Amend the bill further, as and if amended, by striking the fourth paragraph of Section 34-26-860 of the 1976 Code, as contained in SECTION 1, which begins on line 7, page 22, and inserting:
/Loans of fifty thousand dollars or more shall require a certified appraisal. Loans of less than fifty thousand dollars shall require an inspection by a credit union-appointed individual and evidence of value in the file. Loan application, notes, and security instruments may be executed on current versions of FHA, VA, FHLMC, FNMA, or FHLMC/FMNA approved forms./
When amended Section 34-26-860 of the 1976 Code shall read:
"Section 34-26-860. Credit unions are authorized to make loans secured by real estate. The real estate collateral may consist of improved or unimproved property including, but not limited to, mobile homes, modular homes, property under construction, condominiums, or single family dwellings which shall be the borrower's primary residence.
Loan terms for unimproved real estate may not exceed fifteen years. Loan terms for residential dwellings may not exceed thirty years.
No loans shall be made in excess of eighty-five percent of the appraised value unless such excess amount is insured or similarly guaranteed.
Loans of fifty thousand dollars or more shall require a certified appraisal. Loans of less than fifty thousand dollars shall require an inspection by a credit union-appointed individual and evidence of value in the file. Loan application, notes, and security instruments may be executed on current versions of FHA, VA, FHLMC, FNMA, or FHLMC/FMNA approved forms.
Loans may not be made on real estate located beyond the continental United States of America."
Amend the bill further, as and if amended, by striking Section 34-26-890(1)(b) of the 1976 Code, as contained in SECTION 1, which begins on line 1, page 23, and inserting:
/(b) the aggregate of loans to such officials, excepting those secured by shares or deposits, may not exceed fifteen percent of the credit union's reserves and undivided earnings./
Amend the bill further, as and if amended, by striking Section 34-26-1380(1)(a) of the 1976 Code, as contained in SECTION 1, which begins on line 32, page 30, and inserting:
/(a) When the credit union's corporate reserve and undivided earnings are less than four percent of assets at the end of the transfer period, the credit union shall set aside an amount equal to .0015 times the credit union's average daily assets for the transfer period times the number of days in the transfer period, divided by three hundred sixty-five./
Renumber sections to conform.
Amend totals and title to conform.
Rep. GAMBLE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4795 -- Rep. Gamble: A BILL TO AMEND SECTION 37-10-102, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO PROVIDE THAT THE ATTORNEY'S PREFERENCE AND THE INSURANCE AGENT'S PREFERENCE OF THE BORROWER REQUIRED TO BE ASCERTAINED BY THE CREDITOR IN CONNECTION WITH THESE LOANS ARE INDEPENDENT OF EACH OTHER AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE CREDITOR SHALL COMPLY WITH THIS REQUIREMENT; TO AMEND SECTION 37-10-105, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE CONSUMER PROTECTION CODE, SO AS TO PROVIDE THAT VIOLATIONS OF SECTION 37-10-102 ABOVE RELATING TO THE ASCERTAINING OF THE ATTORNEY'S PREFERENCE AND THE INSURANCE AGENT'S PREFERENCE OF A BORROWER SHALL BE PUNISHED AS PROVIDED IN SECTION 37-5-202 BELOW; AND TO AMEND SECTION 37-5-202, RELATING TO VIOLATIONS OF THE CONSUMER PROTECTION CODE AND THE RIGHTS OF THE PARTIES IN REGARD THERETO INCLUDING THE RIGHT TO RECOVER DAMAGES, SO AS TO INCLUDE THEREIN VIOLATIONS OF SECTION 37-10-102 IN REGARD TO ATTORNEY AND INSURANCE AGENT PREFERENCES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22749SD.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 37-10-102(a) of the 1976 Code is amended to read:
"(a) The creditor must ascertain prior to closing the preference of the borrower as to the legal counsel that is employed to represent the debtor in all matters of the transaction relating to the closing of the transaction and except in the case of a loan on property that is subject to the South Carolina Horizontal Property Act (Section 27-31-10 et seq.) the insurance agent to furnish required hazard and flood property insurance in connection with the mortgage and comply with such preference, and the credit application on the first page thereof must contain information as is necessary to ascertain these preferences of the borrower.
The creditor may comply with this section by:
(1) including the preference information on or with the credit application so that this information shall be provided on a form substantially similar to a form distributed by the administrator; or
(2) providing written notice to the borrower of the preference information with the notice being delivered or mailed no later than three business days after the application is received or prepared. If a creditor uses a preference notice form substantially similar to a form distributed by the administrator, the form is in compliance with this section.
The creditor may require that the attorney or agent so chosen be able to provide reasonable security to the creditor by way of mortgage title insurance in a company acceptable to the creditor and other insurance in a company acceptable to the creditor and to comply with reasonable closing procedures. If title insurance is made a condition of the loan at any point during the negotiations, it must remain a condition all the time thereafter regardless of which attorney ultimately closes the transaction. Any legal fees other than for examination and certification of the title, the preparation of all required documents, and the closing of the transaction required or incurred by the creditor in connection with the transaction is the responsibility of the creditor regardless of which party pays for the title work, document preparation, and closing."
SECTION 2. This act takes effect upon approval by the Governor. However, nothing in this act shall affect any cause of action, right, or remedy accruing prior to the effective date of this act. Any such cause of action, right, or remedy accruing prior to the effective date of this act shall be governed by the law applicable at the time the cause of action, right, or remedy accrued./
Renumber sections to conform.
Amend totals and title to conform.
Rep. GAMBLE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4782 -- Rep. Easterday: A BILL TO AMEND SECTION 37-5-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, DEBTORS' REMEDIES, AND CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF THIS SUBSECTION SHALL NOT BE CONSTRUED TO IMPOSE CIVIL LIABILITY OR PENALTIES ON AN ARRANGER OF CREDIT WHEN DISCLOSURE CONSTITUTING A VIOLATION OF THE FEDERAL TRUTH IN LENDING ACT IS ACTUALLY COMMITTED BY ANOTHER PERSON AND THE ARRANGER OF THE CREDIT HAS NO KNOWLEDGE OF THE VIOLATION WHEN IT OCCURRED, AND TO REQUIRE THE CREDITOR TO PROVIDE A COPY OF THE FINAL CLOSING DOCUMENTS TO THE ARRANGER OF CREDIT; TO AMEND SECTION 40-58-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE PROVISIONS OF LAW ON THE REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO DEFINE "REGULAR BUSINESS HOURS", "SATELLITE OFFICE", AND "TABLE-FUNDED TRANSACTION", AND TO MAKE CERTAIN CHANGES TO THE DEFINITION OF "EXEMPT PERSON OR ORGANIZATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 40-58-35 SO AS TO PROVIDE THAT A MORTGAGE LOAN BROKER MAY CONTRACT FOR AND RECEIVE A LOAN BROKER'S FEE AS SET FORTH IN THE BROKER'S FEE AGREEMENT WITH THE APPLICANT, AND PERMIT THE AGREEMENT TO INCLUDE A NONREFUNDABLE APPLICATION FEE; TO AMEND SECTION 40-58-65, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, RECORDS, CONFIDENTIALITY, THE PHYSICAL PRESENCE OF A MORTGAGE BROKER IN THE STATE, AND OFFICIAL PLACE OF BUSINESS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A REGISTERED MORTGAGE LOAN BROKER WITH AN OFFICIAL PLACE OF BUSINESS WITHIN SOUTH CAROLINA ALSO MAY MAINTAIN ONE OR MORE SATELLITE OFFICES UNDER CERTAIN CONDITIONS; TO AMEND SECTION 40-58-110, AS AMENDED, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, FIRST TIME REGISTRANTS' PROCESSING FEES, AND ANNUAL RENEWAL OF REGISTRATION, SO AS TO PROVIDE THAT A BROKER SHALL PAY AN INITIAL FEE OF FIFTY DOLLARS WHEN REGISTERING EACH SATELLITE LOCATION AND THAT THERE SHALL BE NO RENEWAL FEE CHARGED A SATELLITE OFFICE, REQUIRE THE BROKER TO GIVE WRITTEN NOTICE OF TEN DAYS BEFORE THE OPENING OF A NEW, OFFICIAL BRANCH OR SATELLITE LOCATION, AND PROVIDE THAT NO FEE IS REQUIRED WHEN THE REGISTRANT GIVES NOTICE OF A CHANGE OF ADDRESS FOR AN OFFICIAL BRANCH OR SATELLITE LOCATION; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, MISCELLANEOUS LOAN PROVISIONS, AND ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE INSTEAD THAT AN ATTORNEY LICENSED TO PRACTICE LAW IN SOUTH CAROLINA MUST BE INVOLVED IN THE CLOSING OF THE LOAN FOR CERTAIN PURPOSES, AND TO PROVIDE THAT THE TITLE INSURANCE MUST BE ISSUED THROUGH A TITLE INSURANCE COMPANY LICENSED TO CONDUCT BUSINESS IN SOUTH CAROLINA AND MUST BE ACCEPTABLE TO THE LENDER; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, LOANS, MAXIMUM CHARGES, AND THE LOAN FINANCE CHARGE FOR CONSUMER LOANS OTHER THAN SUPERVISED LOANS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A MORTGAGE LOAN BROKER AS DEFINED IN SECTION 40-58-20.
Debated was resumed on Amendment No. 1, which was proposed on Thursday, April 25, by the Committee on Labor, Commerce and Industry.
Rep. GAMBLE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1043 -- Senators Short, Rose, Peeler, Richter, Greg Smith, Thomas, Mescher, Moore, J. Verne Smith, Courtney, Elliott, Holland, Reese, Leventis, McGill, Cork, Passailaigue, Rankin, Matthews, Waldrop, Washington, Lander, Jackson, O'Dell and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE ALL INDIVIDUAL AND GROUP HEALTH INSURANCE AND HEALTH MAINTENANCE ORGANIZATION POLICIES TO PROVIDE PAYMENT FOR HOSPITALIZATION OF A MOTHER AND HER CHILD, IF AT THE DISCRETION OF THE ATTENDING PHYSICIAN IT IS MEDICALLY NECESSARY, FOR A PERIOD NOT TO EXCEED THE SECOND POSTPARTUM DAY, NOT INCLUDING THE DAY OF DELIVERY, AFTER A VAGINAL DELIVERY, OR THE THIRD POST-OPERATIVE DAY, NOT INCLUDING THE DAY OF SURGERY, AFTER A CAESARIAN SECTION, AND TO PROVIDE FOR EXCEPTIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9290AC.96), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. This act takes effect October 1, 1996./
Amend title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. SCOTT a leave of absence for the remainder of the day.
The following Bill was taken up.
S. 642 -- Senator Thomas: A BILL TO AMEND SECTION 56-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SELF-INSURERS, AND DETERMINATION OF FINANCIAL RESPONSIBILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT A COPY OF THE APPLICANT'S LATEST FINANCIAL STATEMENT PREPARED BY A CERTIFIED PUBLIC ACCOUNTANT LICENSED TO DO BUSINESS IN SOUTH CAROLINA INDICATING THAT THE APPLICANT HAS A POSITIVE NET WORTH MUST BE SUBMITTED FOR A DETERMINATION OF FINANCIAL RESPONSIBILITY, AND THAT AN APPLICANT MAY BE REQUIRED TO DEPOSIT IN A SEGREGATED SELF-INSURED CLAIMS ACCOUNT THE SUM OF THREE THOUSAND DOLLARS FOR EACH VEHICLE TO BE COVERED BY THE SELF-INSURER'S CERTIFICATE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10789JM.96), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 56-9-60 of the 1976 Code, as last amended by Act 492 of 1992, is further amended to read:
"Section 56-9-60. A person or company who has more than twenty-five motor vehicles registered in his name may qualify as a self-insurer provided that the department is satisfied that the person or company is able to pay any judgments obtained against the person or company. Upon not less than five ten days' notice and a hearing pursuant to the notice, the department may cancel self-insurer status when the requirements for the status no longer are met. The person or company must submit the following information to the department for it to determine financial responsibility:
(1) a copy of the applicant's latest, certified, audited financial statement prepared by a certified public accountant licensed to do business in South Carolina, indicating that the applicant has a positive net worth; and
(2) a current list of all vehicles registered in applicant's name; and
(3) the applicant's procedural guidelines for processing claims; and
(4) the applicant must have a net worth of at least twenty million dollars or the department may require the applicant to deposit in a segregated self-insured claims account the sum of three thousand dollars for each vehicle to be covered by the self-insurer's certificate. Eighty percent must be cash and the remaining twenty percent may be satisfied by the "quick sale" appraised value of real estate located in the State, as certified by a licensed appraiser. The three thousand dollar a vehicle amount may not decrease more than thirty percent in any given certificate year."/
Amend title to conform.
Rep. LAW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 501 -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-110 SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A MORATORIUM ON A CONSTRUCTION PROJECT FOR WHICH A PERMIT HAS BEEN GRANTED WITHOUT GIVING A TWO-WEEK NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY IN WHICH THE PROJECT IS LOCATED AND REQUIRE AT LEAST TWO READINGS WHICH ARE A WEEK APART BEFORE A MORATORIUM MAY BE IMPOSED.
Rep. WALDROP explained the Bill.
H. 4973 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON, RELATING TO CONTROL OF VESSELS DURING DOCKING AND UNDOCKING OPERATIONS; INCREASE IN REGISTRATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1910, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. YOUNG-BRICKELL explained the Joint Resolution.
The following Bill was taken up.
H. 4657 -- Reps. Haskins, Easterday, Rice, Knotts, Limehouse, Simrill, Cooper, Meacham, Herdklotz, Byrd, Loftis, Stille, Chamblee, Waldrop, Kelley, Vaughn, Law, Allison, Davenport, Wright and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2472CM.96).
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 16-3-1535. (A) General law enforcement agencies shall provide crime victims, free of charge, a copy of the crime incident report relating to their case and a document which describes the statutory rights the state grants crime victims in criminal cases that lists the local crime victim assistance providers. The statutory rights contained in this document shall include all rights contained in Section 16-3-1530.
(B) The convicted offender must be charged a ten dollar fee for the provision of a copy of the crime incident report to the victim. The Department of Probation, Parole, and Pardon Services is responsible for collecting and distributing this money to the appropriate law enforcement agency."
SECTION 2. Section 17-25-322 of the 1976 Code, as added by Act 140 of 1993, is amended to read:
"Section 17-25-322. (A) When a defendant is convicted of a crime which has resulted in pecuniary damages or loss to a victim, the court must hold a hearing to determine the amount of restitution due the victim or victims of the defendant's criminal acts. The restitution hearings must be held as a matter of course unless the defendant in open court agrees to the amount due, and in addition to any other sentence which it may impose, the court shall order the defendant make restitution or otherwise compensate the victim for any pecuniary damages. The defendant, the victim or victims, or their representatives or the victim's legal representative as well as the Attorney General and the solicitor have the right to be present and be heard upon the issue of restitution at any of these hearings.
(B) In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration the following:
(1) the financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant;
(2) the ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court;
(3) the anticipated rehabilitative effect on the defendant regarding the manner of restitution or the method of payment;
(4) any burden or hardship upon the victim as a direct or indirect result of the defendant's criminal acts;
(5) the mental, physical, and financial well being of the victim.
(C) At the restitution hearings, the defendant, the victim, the Attorney General, the solicitor, or other interested party may object to the imposition, amount or distribution of restitution, or the manner or method of them, and the court shall allow all of these objections to be heard and preserved as a matter of record. The court shall enter its order upon the record stating its findings and the underlying facts and circumstances of them. The restitution order shall specify a monthly payment schedule that will result in full payment for both restitution and collection fees by the end of eighty percent of the offender's supervision period. In the absence of a monthly payment schedule, the Department of Probation, Parole, and Pardon Services shall impose a payment schedule of equal monthly payments that will result in full restitution and collections fee being paid by the end of eighty percent of an offender's supervision period. The department, through its agents, must initiate legal process to bring every probationer, whose restitution is six months in arrears, back to court, regardless of wilful failure to pay. The judge shall make an order addressing the probationer's failure to pay.
(D) All restitution funds, excluding the twenty percent collection fee, collected before or after the effective date of this section that remain unclaimed by a crime victim for more than eighteen months from the day of last payment received must be transferred to the South Carolina Victims' Compensation Fund, notwithstanding the Uniform Unclaimed Property Act of 1981.
(E) An offender may not be granted a pardon until the restitution and collection fees required by the restitution order have been paid in full."
SECTION 3. Section 17-25-323 of the 1976 Code, as added by Act 140 of 1993, is amended to read:
"Section 17-25-323. (A) The trial court retains jurisdiction of the case for purpose of modifying the manner in which court-ordered payments are made until paid in full, or until the defendant's active sentence and probation or parole, if any, expires.
(B) When a defendant has been placed on probation by the court or parole by the Board of Probation, Parole, and Pardon Services, and ordered to make restitution, and the defendant is in default in the payment of them or of any installment or of any criminal fines, surcharges, assessments, costs, and fees ordered, the court, before the defendant completes his period of probation or parole, on motion of the victim or the victim's legal representative, the Attorney General, the solicitor, or a probation and parole agent, or upon its own motion, must hold a hearing to require the defendant to show cause why his default should not be treated as a civil judgment and a judgment lien attached. The court must enter (1) judgment in favor of the State for the unpaid balance, if any, of any fines, costs, fees, surcharges, or assessments imposed; and (2) judgment in favor of each person entitled to restitution for the unpaid balance if any restitution ordered plus reasonable attorney's fees and cost ordered by the court.
(C) The judgments may be enforced as any a civil judgment.
(D) A judgment issued pursuant to this section has all the force and effect of a final judgment and, as such, may be enforced by the judgment creditor in the same manner as any other civil judgment; with enforcement to take place in court of common pleas.
(E) The clerk of court must enter any a judgment issued pursuant to this section in the civil judgment records of the court. No A judgment issued pursuant to this section is not effective until entry is made in the civil judgment records of the court as required under this subsection.
(F) Upon full satisfaction of any a judgment entered under this section, the judgment creditor must record such the satisfaction on the margin of the copy of the judgment on file in the civil judgment records of the court."
SECTION 4. Section 17-25-326 of the 1976 Code, as added by Act 140 of 1993, is amended to read:
"Section 17-25-326. Any court order issued pursuant to the provisions of this article may be altered, modified, or rescinded upon the filing of a petition by the defendant, Attorney General, solicitor, or the victim for good and sufficient cause shown by a preponderance of the evidence."
SECTION 5. The 1976 Code is amended by adding:
"Section 24-21-490. (A) The Department of Probation, Parole, and Pardon Services shall have the responsibility for collecting and distributing restitution on a monthly basis from all offenders under probationary and intensive probationary supervision.
(B) Notwithstanding Section 14-17-725, the Department of Probation, Parole, and Pardon Services shall assess a collection fee of twenty percent of each restitution program and deposit this collection fee into a separate account. The monies in this account must not be used until specifically authorized by law. The department shall maintain individual restitution accounts which reflect each transaction and the amount paid, the collection fee, and the unpaid balance of the account. A summary of these accounts must be reported to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee every six months following the enactment of this section."
SECTION 6. Section 16-3-1110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding at the end:
"(12)(a) 'Restitution' means payment for all injuries, specific losses, and expenses sustained by a crime victim resulting from an offender's criminal conduct. It includes, but is not limited to:
(i) medical and psychological counseling expenses;
(ii) specific damages and economic losses;
(iii) funeral expenses and related costs;
(iv) vehicle impoundment fees;
(v) child care costs; and
(vi) transportation related to a victim's participation in the criminal justice process.
Restitution does not include awards for pain and suffering, wrongful death, emotional distress, or loss of consortium.
Restitution orders do not limit any civil claims a crime victim may file.
Notwithstanding any other provision of law, the applicable statute of limitations for a crime victim, who has a cause of action against an incarcerated offender based upon the incident which made the person a victim, is tolled and does not expire until three years after the offender's release from the sentence including probation and parole time. However, this provision shall not shorten any other tolling period of the statute of limitations which may exist for the crime victim."
SECTION 7. The 1976 Code is amended by adding:
"Section 17-25-324. (A) Secondary victims and third-party payees, excluding the offender's insurer, may receive restitution as determined by the court. The Department of Probation, Parole, and Pardon Services shall ensure that a primary victim shall receive his portion of a restitution order before any of the offender's payments are credited to a secondary victim or a third party payee, or both.
(B) The Department of Probation, Parole, and Pardon Services shall report to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee by the first day of the 1997 Legislative Session detailed recommendations for collection and distribution of restitution and issues relating to indigent offenders and use of civil remedies.
(C) The Department of Probation, Parole, and Pardon Services must maintain a minimum of twelve restitution center beds, or may contract at other appropriate residential facilities, for every two thousand five hundred offenders supervised by the department."
SECTION 8. This act takes effect on January 1, 1997, and applies to all persons sentenced on or after April 1, 1997, except that the provisions contained in Section 17-25-324(C) take effect on January 1, 1997./
Amend title to conform.
Rep. D. SMITH explained the amendment.
Rep. TUCKER moved to adjourn debate upon the Bill until Thursday, May 2, which was adopted.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4987 -- Reps. Wells, Allison, Davenport, Lanford, Lee, Littlejohn, McCraw, Phillips, D. Smith, Vaughn, Walker and Wilder: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED BUSINESS AND CIVIC LEADERS, MR. WALTER S. MONTGOMERY, SR., OF SPARTANBURG, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4988 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION THANKING KEN SHULL, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF LEXINGTON MEDICAL CENTER SINCE 1988, FOR HIS OUTSTANDING LEADERSHIP AND MANY CONTRIBUTIONS TO EXCELLENCE IN THE HEALTH CARE DELIVERY SYSTEM IN THE MIDLANDS.
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. 4989 -- Reps. Fleming, Delleney, Klauber, Cave and Harrison: A BILL TO AMEND SECTION 56-1-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY SUSPENSION OR REVOCATION OF DRIVERS' LICENSES, SO AS TO PROVIDE THAT NOTICE OF AN OUT-OF-STATE CONVICTION REQUIRING A PERSON'S SOUTH CAROLINA DRIVER'S LICENSE TO BE SUSPENDED OR REVOKED MUST BE RECEIVED BY THE DEPARTMENT OF PUBLIC SAFETY WITHIN TWO YEARS OF THE DATE OF THE CONVICTION, AND TO MAKE THE ABOVE PROVISIONS RETROACTIVE TO JANUARY 1, 1996.
Referred to Committee on Judiciary.
The following Bill was taken up.
H. 4712 -- Reps. Seithel, Harrison, Mason, L. Whipper, J. Harris, Sandifer, S. Whipper, Neal, Bailey, Thomas, Whatley, Kinon, Lloyd, Herdklotz, Young-Brickell and J. Young: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL TREATMENT OF ANIMALS, SO AS TO CHANGE CERTAIN OF THESE OFFENSES TO FELONIES AND TO INCREASE PENALTIES.
Rep. WITHERSPOON moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. HARRISON moved to table the motion, which was agreed to by a division vote of 31 to 26.
Rep. SHARPE moved to adjourn debate upon the Bill until Monday, June 10.
Rep. HARRISON moved to table the motion, which was agreed to by a division vote of 45 to 25.
Reps. KOON, FLEMING, WITHERSPOON, G. BROWN, COTTY, LAW, KNOTTS, RISER and J. HINES objected to the Bill.
The following Bill was taken up.
H. 4959 -- Rep. Martin: A BILL TO AMEND SECTION 16-3-655, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO PROVIDE THAT A PERSON IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE IF HE KNOWINGLY ENGAGES IN SEXUAL BATTERY WITH CERTAIN VICTIMS AND REVISE THE AGE OF CERTAIN PERPETRATORS OF THIS CRIME.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3704CM.96), which was adopted.
Amend the bill, as and if amended, Section 16-3-655(3), SECTION 1, line 25, by deleting /knowingly/.
When amended Section 16-3-655(3) reads:
/"(3) A person is guilty of criminal sexual conduct in the second degree if the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older not less than four years older than the victim."/
Amend further by adding an appropriately numbered SECTION to read:
/SECTION __. Section 16-3-655 of the 1976 Code is amended by adding at the end:
"(4) A person is guilty of sexual misconduct with a minor, a misdemeanor, if the actor engages in a consensual sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is older than the victim but is not more than four years older than the victim nor is related to the victim. A person convicted of this offense must be imprisoned not more than three years./
Renumber sections to conform.
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4765 -- Rep. Wilder: A BILL TO AMEND SECTION 44-53-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPRESSANTS CLASSIFIED AS SCHEDULE IV CONTROLLED SUBSTANCES, SO AS TO REVISE THE SUBSTANCES COMPRISING THIS CLASSIFICATION; TO AMEND SECTION 44-53-360, RELATING TO DISPENSING OF CONTROLLED SUBSTANCES, SO AS TO CONFORM REFERENCES TO CURRENT LAW AND TO DELETE PROVISIONS RELATING TO LABELING OF CERTAIN DRUG PRODUCTS AND TO REVISE MAXIMUM PERIODS FOR WHICH CONTROLLED SUBSTANCES MAY BE PRESCRIBED; TO AMEND SECTION 44-53-710, AS AMENDED, RELATING TO METHADONE TREATMENT, SO AS TO DELETE REFERENCES TO PROGRAMS LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; TO AMEND SECTION 44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO DELETE REFERENCES TO PROGRAMS LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, AND TO AUTHORIZE DISPENSING FOR ANALGESIA; TO AMEND SECTION 44-53-730, RELATING TO RESTRICTIONS ON THE SALE OF METHADONE, SO AS TO REVISE TO WHOM METHADONE MAY BE SOLD OR DISTRIBUTED; AND TO AMEND SECTION 44-53-740, AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS, SO AS TO DELETE REFERENCES TO FACILITIES LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9305AC.96), which was adopted.
Amend the bill, as and if amended, by deleting SECTION 1, and inserting:
/SECTION 1. Section 44-53-250(a) of the 1976 Code is amended to read:
"(a) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers (whether position, geometric, or optical), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Alprazolam
(2) Barbital
(3) Bromazepam
(4) Camazepam
(5) Chloral betaine
(6)(4) Chloral hydrate
(7)(5) Chlordiazepoxide
(8) Clobazam
(9)(6) Clonazepam
(10)(7) Clorazepate
(11) Clotiazepam
(12) Cloxazolam
(13) Delorazepam
(14)(8) Diazepam
(15) Estazolam
(16)(9) Ethchlorvynol
(17)(10) Ethinamate
(18) Ethyl Loflazepate
(19) Fludiazepam
(20)(11) Flunitrazepam
(21)(12) Flurazepam
(22)(13) Halazepam
(23) Haloxazolam
(24) Ketazolam
(25) Loprazolam
(26)(14) Lorazepam
(27) Lormetazepam
(28)(15) Mebutamate
(29) Medazepam
(30)(16) Meprobamate
(31)(17) Methohexital
(32)(18) Methylphenobarbital
(33) Nimetazepam
(34) Nitrazepam
(35) Nordiazepam
(36)(19) Oxazepam
(37) Oxazolam
(38)(20) Paraldehyde
(39)(21) Petrichloral
(40)(22) Phenobarbital
(41) Pinazepam
(42)(23) Prazepam
(43)(24) Temazepam
(44) Tetrazepam
(45) Triazolam."/
Amend further, by deleting SECTION 3 and inserting:
/SECTION 3. Section 44-53-710 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 44-53-710. The South Carolina Department of Health and Environmental Control shall have has exclusive control over the controlled substance methadone, except for the South Carolina Department of Mental Health facilities or treatment programs licensed by the South Carolina Department of Mental Health and approved by the South Carolina Department of Alcohol and Other Drug Abuse Services or the federal government."/
Amend further, by deleting Section 44-53-720(1) and inserting:
/(a1) To use in treatment, maintenance, or detoxification programs in the State Department of Mental Health facilities or programs approved by the South Carolina Commission on Alcohol and Drug Abuse and licensed by the South Carolina Department of Mental Health as approved by the Department of Health and Environmental Control.;/
Amend further, by deleting SECTION 6 and inserting:
/SECTION 6. Section 44-53-740 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 44-53-740. The Board of the Department of Health and Environmental Control shall promulgate regulations as may be necessary to carry out the provisions of this article. Such regulations shall not include criteria for admission to, continuance in, or discharge from any methadone maintenance program in a facility of the South Carolina Department of Mental Health or a facility licensed by the South Carolina Department of Mental Health and approved by the South Carolina Department of Alcohol and Other Drug Abuse Services or the federal government."/
Renumber sections to conform.
Amend title to conform.
Rep. WILDER 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. 4394 -- Reps. Byrd, Harvin, J. Brown, White, Cave, Moody-Lawrence, Clyburn and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-3-95 SO AS TO PROVIDE THAT AS PART OF ANNUAL IN-SERVICE TRAINING, TEACHERS AND SCHOOL ADMINISTRATORS SHALL RECEIVE INSTRUCTION IN CONFLICT RESOLUTION AND PEER MEDIATION IN THE MANNER THE STATE DEPARTMENT OF EDUCATION SHALL PROVIDE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22765SD.96).
Amend the bill, as and if amended, by striking Section 59-3-95 of the 1976 Code, as contained in SECTION 1, and inserting:
/Section 59-3-95. (A) Beginning with school year 1997-98, the State Department of Education shall provide in-service training in conflict resolution and peer mediation in the manner it determines appropriate to school district personnel as provided in this section.
(B) Each school district of this State, beginning with school year 1997-98, is authorized to, but is not required to, designate one employee of the district to receive the conflict resolution and peer mediation training provided by the Department of Education.
(C) Beginning with school year 1997-98, the district employee after completing the conflict resolution and peer mediation training provided by the Department of Education shall in turn provide the training to certified personnel of the district in the manner and to the degree determined by the district.
(D) This conflict resolution and peer mediation training both by the State Department of Education and the local school districts shall be in accordance with appropriations provided for this purpose./
Renumber sections to conform.
Amend totals and title to conform.
Rep. STILLE explained the amendment.
Rep. TRIPP objected to the Bill.
Rep. STILLE continued speaking.
Reps. LIMBAUGH and COTTY objected to the Bill.
Rep. J. BROWN moved to adjourn debate upon the Bill until Tuesday, May 7.
Rep. LIMBAUGH moved to continue the Bill.
Rep. J. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Boan Brown, H. Cato Chamblee Cooper Cotty Dantzler Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Hutson Jaskwhich Keegan Kelley Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Loftis Marchbanks Mason McKay Meacham Rice Richardson Riser Robinson Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stoddard Tripp Trotter Vaughn Waldrop Wells Whatley Wilder Wilkins Young-Brickell
Those who voted in the negative are:
Anderson Bailey Baxley Breeland Brown, J. Brown, T. Byrd Cain Cave Clyburn Cobb-Hunter Cromer Govan Harris, J. Harrison Hines, J. Hines, M. Hodges Howard Jennings Kinon Klauber Lee Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Phillips Quinn Seithel Shissias Stille Stuart Thomas Townsend Tucker Whipper, L. Whipper, S. White Wilkes Wofford
So, the Bill was continued.
The following Joint Resolution was taken up.
H. 4838 -- Reps. Moody-Lawrence, Kirsh, McMahand, Harvin, L. Whipper, Inabinett, M. Hines, Sheheen, J. Hines, Cobb-Hunter, Neal, Breeland, S. Whipper, White, H. Brown, Meacham, Kennedy, McCraw, Bailey, Allison, Young-Brickell, Clyburn, Lloyd, Cave, T. Brown, Scott, Howard, Byrd, Wells, Lee, Canty, Davenport, Simrill, Walker, Anderson, Tripp, Littlejohn, Delleney and Waldrop: A JOINT RESOLUTION TO INSTRUCT THE DEPARTMENT OF REVENUE AND TAXATION TO DEVELOP A PROCESS THAT ALLOWS A DRIVER WHO COMMITS A TRAFFIC VIOLATION IN ANOTHER STATE TO INFORM THE DEPARTMENT OF THE VIOLATION AND ITS DISPOSITION.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10798JM.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The agency charged by law with the administration of motor vehicle licensing and registration shall develop and utilize a process that allows a motor vehicle driver who commits a traffic violation in another state to produce a cancelled check as sufficient evidence of satisfaction of an out-of-state violation.
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. KELLEY explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 571 -- Senator Peeler: A BILL TO AMEND SECTION 12-36-2680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SALES TAX EXEMPTION CERTIFICATES MAINTAINED ON FILE USED IN MAKING VARIOUS TAX EXEMPT PURCHASES, SO AS TO DELETE THE REQUIREMENT THAT THE PURCHASER SIGN THE INVOICE AND TO MAKE THIS DELETION EFFECTIVE FOR EXEMPT SALES MADE ON OR AFTER JANUARY 1, 1995.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9303AC.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Sections 12-21-400, 12-21-410, 12-21-420, 12-21-430, 12-21-640, 12-21-740, 12-21-2719, 12-21-3120, 12-21-3130, 12-37-20, 12-37-50, 12-37-80, 12-37-221, 12-37-225, 12-37-300, 12-37-310, 12-37-320, 12-37-330, 12-37-340, 12-37-350, 12-37-360, 12-37-370, 12-37-380, 12-37-390, 12-37-400, 12-37-410, 12-37-420, 12-37-430, 12-37-440, 12-37-860, 12-37-870, 12-37-910, 12-37-960, 12-37-1150, 12-37-1320, 12-37-1330, 12-37-1410, 12-37-1420, 12-37-1430, 12-37-1620, 12-37-1700, 12-37-1710, 12-37-1720, 12-37-1730, 12-37-1740, 12-37-1910, 12-37-2030, 12-37-2040, 12-37-2050, 12-37-2060, 12-37-2210, 12-37-2220, 12-37-2230, 12-37-2240, 12-37-2250, 12-37-2260, 12-37-2727, 12-39-100, 12-43-10, 12-43-20, 12-43-30, 12-43-40, 12-43-50, 12-43-60, 12-43-220(b), 12-43-235, 12-43-270, 12-49-230, and Chapter 41, Title 12 of the 1976 Code are repealed.
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. GOVAN a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 4340 -- Reps. Spearman, Herdklotz, J. Hines, Rice, Sharpe, Cain, Riser, Seithel, Gamble, Meacham and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390 SO AS TO PROVIDE FOR A SPECIAL GUEST FISHING LICENSE.
Rep. SPEARMAN explained the Bill.
Rep. SPEARMAN moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.
The following Bill was taken up.
S. 1195 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' FACILITIES AND REAL PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; AND TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22758SD.96), 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 59-103-15. (A)(1) The General Assembly has determined that the mission for higher education in South Carolina is to be a global leader in providing a coordinated, comprehensive system of excellence in education by providing instruction, research, and life-long learning opportunities which are focused on economic development and benefit the State of South Carolina.
(2) The goals to be achieved through this mission are:
(a) high academic quality;
(b) affordable and accessible education;
(c) instructional excellence;
(d) coordination and cooperation with public education;
(e) cooperation among the General Assembly, Commission on Higher Education, Council of Presidents of State Institutions, institutions of higher learning, and the business community;
(f) economic growth;
(g) clearly defined missions.
(B) The General Assembly has determined that the primary mission or focus for each type of institution of higher learning or other post-secondary school in this State is as follows:
(1) Research institutions
(a) college-level baccalaureate education, master's, professional, and doctor of philosophy degrees which lead to continued education or employment;
(b) research through the use of government, corporate, nonprofit-organization grants, or state resources, or both;
(c) public service to the State and the local community;
(2) Four-year colleges and universities
(a) college-level baccalaureate education and selected master's degrees which lead to employment or continued education, or both, except for doctoral degrees currently being offered;
(b) limited and specialized research;
(c) public service to the State and the local community;
(3) Two-year institutions - branches of the University of South Carolina
(a) college-level pre-baccalaureate education necessary to confer associates' degrees which lead to continued education at a four-year or research institution;
(b) public service to the State and the local community;
(4) State technical and comprehensive education system
(a) all post-secondary vocational, technical, and occupational diploma and associate degree programs leading directly to employment or maintenance of employment and associate degree programs for nontraditional students to gain access to other post-secondary education;
(b) up-to-date and appropriate occupational and technical training for adults;
(c) special school programs that provide training for prospective employees for prospective and existing industry in order to enhance the economic development of South Carolina;
(d) public service to the State and the local community;
(e) continue to remain technical, vocational, or occupational schools or colleges with a mission as stated in item (4) and not become community or junior colleges."
SECTION 2. Section 59-103-20 of the 1976 Code is amended to read:
"Section 59-103-20. The commission shall meet regularly and shall have the authority and responsibility for a coordinated, efficient, and responsive higher education system in this State consistent with the missions of each type of institution as stipulated in Section 59-103-15. In meeting this responsibility and in performing its duties and functions, the commission shall coordinate and collaborate at a minimum with the Council of Presidents of State Institutions, the council of board chairs of the various public institutions of higher learning and the business community. The commission also is charged with the duty of making studies of examining the state's institutions of higher learning relative to both short and long-range programs and missions which shall include:
(a) the role of state-supported higher education in serving the needs of the State and the roles and participation of the individual institutions in the statewide program;
(b) enrollment trends, student costs, business management practices, accounting methods, operating results and needs, and capital fund requirements;
(c) the administrative setup and curriculum offerings of the several institutions and of the various departments, schools, institutes, and services within each institution and the respective relationships to the services and offerings of other institutions;
(d) areas of state-level coordination and cooperation with the objective of reducing duplication, increasing effectiveness, and achieving economies and eliminating sources of friction and misunderstanding;
(e) efforts to promote a clearer understanding and greater unity and good will among all institutions of higher learning, both public and private, in the interest of serving the educational needs of the people of South Carolina on a statewide level."
SECTION 3. The 1976 Code is amended by adding:
"Section 59-103-30. (A) The General Assembly has determined that the critical success factors, in priority order, for academic quality in the several institutions of higher learning in this State are as follows:
(1) Mission Focus;
(2) Qualify of Faculty;
(3) Classroom Quality;
(4) Institutional Cooperation and Collaboration;
(5) Administrative Efficiency;
(6) Entrance Requirements;
(7) Graduates' Achievements;
(8) User-friendliness of the Institution;
(9) Research Funding.
(B) The General Assembly has determined that whether or not an institution embodies these critical success factors can be measured by the following performance indicators as reflected under the critical success factors below:
(1) Mission Focus
(a) expenditure of funds to achieve institutional mission;
(b) curricula offered to achieve mission;
(c) approval of a mission statement;
(d) adoption of a strategic plan to support the mission statement;
(e) attainment of goods of the strategic plan.
(2) Quality of Faculty
(a) academic and other credentials of professors and instructors;
(b) performance review system for faculty to include student and peer evaluations;
(c) post-tenure review for tenured faculty;
(d) compensation of faculty;
(e) availability of faculty to students outside the classroom;
(f) community and public service activities of faculty for which no extra compensation is paid.
(3) Classroom Quality
(a) class sizes and student/teacher ratios;
(b) number of credit hours taught by faculty;
(c) ratio of full-time faculty as compared to other full-time employees;
(d) accreditation of degree-granting programs;
(e) institutional emphasis on quality teacher education and reform.
(4) Institutional Cooperation and Collaboration
(a) sharing and use of technology, equipment, supplies, and source matter experts within the institution, with other institutions, and with the business community;
(b) cooperation and collaboration with private industry.
(5) Administrative Efficiency
(a) percentage of administrative costs as compared to academic costs;
(b) use of best management practices;
(c) elimination of unjustified duplication of and waste in administrative and academic programs;
(d) amount of general overhead costs.
(6) Entrance Requirements
(a) SAT and ACT scores of student body;
(b) high school class standing, grade point averages, and activities of student body;
(c) post-secondary non-academic achievements of student body;
(d) priority on enrolling in-state residents.
(7) Graduates' Achievements
(a) graduation rate;
(b) employment rate for graduates;
(c) employer feedback on graduates who were employed or not employed;
(d) scores of graduates on post-undergraduate professional, graduate or employment-related examinations and certification tests;
(e) number of graduates who continued their education;
(f) credit hours earned of graduates.
(8) User-Friendliness of Institution
(a) transferability of credits to and from the institution;
(b) continuing education programs for graduates and others;
(c) accessibility to the institution of all citizens of the State.
(9) Research Funding
(a) financial support for reform in teacher education;
(b) amount of public and private sector grants."
SECTION 4. Section 59-103-35 of the 1976 Code is amended to read:
"Section 59-103-35. All public institutions of higher learning shall submit summary budgets annual budget requests to the commission in the manner set forth in this section. The State Board for Technical and Comprehensive Education shall submit a summary budget an annual budget request to the commission representing the total request requests of all area-wide technical and comprehensive educational institutions. The budget submitted by each institution and the State Board for Technical and Comprehensive Education must include all state funds, federal grants, tuition, and fees other than funds derived wholly from athletic or other student contests, from the activities of student organizations, from approved private practice plans, and from the operation of canteens and bookstores which may be retained by the institutions and be used as determined by the respective governing boards, subject to annual audit by the State. Fees established by the respective governing boards for programs, activities, and projects not covered by appropriations or other revenues may be retained and used by each institution as previously determined by the respective governing boards, subject to annual audit by the State. The budget request for the public higher education system shall be submitted by the commission to the Governor and appropriate standing committees of the General Assembly in conjunction with the preparation of the annual general appropriations act for the applicable year.
Supplemental appropriations requests from any public institution of higher education must be submitted first to and approved by the commission. If the commission does not concur in the requests the affected institution may request a hearing on the requests before the appropriate committee of the General Assembly. The commission may appear at the hearing and present its own recommendations and findings to the same committee commission.
No new program may be undertaken by any public institution of higher education without the approval of the commission. The provisions of this chapter apply to all college parallel, transferable, and associate degree programs of technical and comprehensive education institutions. All other programs and offerings of technical and comprehensive education institutions are excluded from this chapter. The commission has the authority to recommend the termination of an existing program at any institution within the purview of this chapter. An appeal from this recommendation must be made by the governing board of an affected institution within sixty days to the Senate Education Committee and the House Education and Public Works Committee which shall hear the parties to the appeal. If both committees refuse to concur in the recommendation for termination, the program must not be terminated pursuant to the recommendation of the commission which is the subject of this appeal. A decision must be reached by the committees within one hundred twenty days from the date of the filing of the appeal. The commission's decisions as to funding reductions or increases for individual institutions, or both, are final and are not subject to administrative or judicial review."
SECTION 5. Section 59-103-45 of the 1976 Code is amended to read:
"Section 59-103-45. In addition to the powers, duties, and functions of the Commission on Higher Education as provided by law, the commission, notwithstanding any other provision of law to the contrary, shall have the following additional duties and functions with regard to the various public institutions of higher education:
(1) establish procedures for the transferability of courses at the undergraduate level between two-year and four-year institutions or schools;
(2) coordinate with the State Board of Education in the approval of secondary education courses for the purpose of determining minimum college entrance requirements;, and define minimum academic expectations for prospective post-secondary students, communicate these expectations to the State Board of Education, and work with the state board to ensure these expectations are met; and
(3) review minimum undergraduate admissions standards for in-state and out-of-state students.;
(4)(a) develop standards for determining how well an institution has met or achieved the performance indicators for quality academic success as enumerated in Section 59-103-30, and develop mechanisms for measuring the standards of achievement of particular institutions. These standards and measurement mechanisms shall be developed in consultation and cooperation with, at a minimum but not limited to, the Council of Presidents of State Institutions, the chairmen of the governing boards of the various institutions and the business community;
(b) base the higher education funding formula in part on the achievement of the standards set for these performance indicators including base-line funding for institutions meeting the standards of achievement, incentive funding for institutions exceeding the standards of achievement, and reductions in funding for institutions which do not meet the standards of achievement, provided that each institution under the formula until July 1, 1999, must receive at least its fiscal year 1996-1997 formula amount;
(c) promulgate regulations to implement the provisions of subitems (a) and (b) above and submit such regulations to the General Assembly for its review pursuant to the Administrative Procedures Act not later than the beginning of the 1997 session of the General Assembly.
(d) develop a higher education funding formula based entirely on an institution's achievement of the standards set for these performance indicators, this formula to be used beginning July 1, 1999. This new funding formula also must be contained in regulations promulgated by the commission and submitted to the General Assembly for its review in accordance with the Administrative Procedures Act;
(5) reduce, expand, or consolidate any institution of higher learning including those which do not meet the standards of achievement in regard to the performance indicators for quality academic success enumerated in Section 59-103-30, and beginning July 1, 1999, close any institution which does not meet the standards of achievement in regard to the performance indicators for quality academic success enumerated in Section 59-103-30. The process to be followed for the closure, reduction, expansion, or consolidation of an institution under this item (5) shall be as promulgated in regulations of the commission which shall be submitted to the General Assembly for its review in accordance with the Administrative Procedures Act;
(6) review and approve each institutional mission statement to ensure it is within the overall mission of that particular type of institution as stipulated by Section 59-103-15 and is within the overall mission of the State;
(7) ensure access and equity opportunities at each institution of higher learning for all citizens of this State regardless of race, gender, color, creed, or national origin within the parameters provided by law."
SECTION 6. Section 59-103-60 of the 1976 Code is amended to read:
"Section 59-103-60. The commission shall make such recommendations to the Governor's Office and the General Assembly as to policies, programs, curricula, facilities, administration, and financing of all state-supported institutions of higher learning as may be considered desirable. The House Ways and Means Committee, the Senate Finance Committee, and the State Budget and Control Board, and the Governor's Office may shall refer to the commission for investigation, study, and report any requests of institutions of higher learning for new or additional appropriations for operating and for other purposes and for the establishment of new or expanded programs. These requested appropriations or requests for new or expanded programs must be approved by the commission before they may be granted or implemented."
SECTION 7. The 1976 Code is amended by adding:
"Section 59-103-65. If an institution beginning July 1, 1999, is closed by the commission, the institution shall be treated as a terminated agency under Section 1-20-30 and as such terminated in the manner provided therein. However, any remaining funds shall not revert to the general fund as provided in Section 1-20-30 but instead shall be reallocated to higher education funding through use of the higher education funding formula in the manner the commission shall provide."
SECTION 8. Section 59-103-110 of the 1976 Code is amended to read:
"Section 59-103-110. No public institution of higher learning shall be authorized to construct any new permanent facility at any location other than on a currently approved campus or on property immediately contiguous thereto unless such new location and or purchase or acquire any new improved or unimproved real property unless such new facility, purchase, or acquisition has been approved by the Commission. Provided, that However, the provisions of this section shall not apply to the Trident Technical College property in Berkeley County or the new Palmer College site in Charleston County or Francis Marion College University in Florence County."
SECTION 9. Chapter 104 of Title 59 of the 1976 Code is amended to read:
Section 59-104-10. (A) In consultation and coordination with the public institutions of higher learning in this State, the State Commission on Higher Education shall ensure that minimal admissions standards are maintained by the institutions.
The commission, with the institutions, shall monitor the effect of compliance with admissions prerequisites that are effective in fall, 1988 at the institution.
(B) The boards of trustees of each public institution of higher learning, excluding the State Board for Technical and Comprehensive Education, shall adopt admission policies reflecting the desired mix of in-state and out-of-state enrollment appropriate for each institution. Changes in the policies affecting the mix of in-state and out-of-state enrollment must be approved by the board of trustees of the affected institution. The boards shall submit the policies to the commission by July 1, 1989, and any subsequent changes to the policies must be submitted to the commission. These admission policies and standards shall be reviewed by the commission as provided in Section 59-103-45(3). For purposes of this section enrollment must be calculated on a full-time equivalency basis with the equivalent of one full-time student being a student enrolled for thirty credit hours in an academic year. Out-of-state students means students who are not eligible for in-state rates for tuition and fees under Chapter 112 of Title 59.
Section 59-104-20. The Palmetto Fellows Scholarship Program is established to foster scholarship among the state's post-secondary students and retain outstanding South Carolina high school graduates in the State through awards based on scholarship and achievement. Measures must be taken to ensure equitable minority participation in this program. Recipients of these scholarships are designated Palmetto Fellows. Each Palmetto Fellow shall receive a scholarship in an amount designated by the Commission on Higher Education, half to be provided by the post-secondary institution at which he is enrolled. The commission shall promulgate regulations and establish procedures to administer the program and request annual state appropriations for the program.
Section 59-104-30. Each public institution of higher learning in this State shall develop a plan for developmental education in accord with provisions, procedures, and requirements developed by the Commission on Higher Education. The commission shall conduct a study as well as evaluations and reviews of developmental education in this State. The commission shall develop appropriate methods of funding developmental education programs and courses.
Section 59-104-40. (A) The technical education system in this State shall convert from the quarter calendar to the semester calendar, if funds are appropriated for this purpose. The Commission on Higher Education shall request state appropriations for the conversion to be funded and completed over a two-year period.
(B) The State Board for Technical and Comprehensive Education, in consultation with the commission, shall limit the offering of courses designed for college transfer in those technical colleges that do not have approved college transfer programs. The offering of 'college parallel' general education courses in institutions not authorized to award the associate in arts or associate in science degree is limited to those necessary to support approved nontransfer programs. The commission, after consultation with the State Board for Technical and Comprehensive Education and with public senior colleges and universities, shall establish rules and procedures by which this limitation must be regulated. The commission shall continue to work with all of the institutions to improve articulation establish procedures concerning courses acceptable for transfer as provided in Section 59-103-45(1).
Section 59-104-210. A competitive grants program is established to improve undergraduate education in South Carolina. The State Commission on Higher Education shall administer the program, promulgate appropriate regulations, and request annual state appropriations for this purpose. All public and private nonproprietary post-secondary institutions accredited by the Commission on Colleges of the Southern Association of Colleges and Schools are eligible to participate in this program.
Section 59-104-220. The Governor's Professor of the Year Award is established as follows:
(1) Each public or private institution of higher learning in this State is eligible to nominate one faculty member for this award who has demonstrated exceptional teaching performance.
(2) The Governor's Office in conjunction with the Commission on Higher Education shall establish a committee to choose the Professor of the Year. The committee must consist of representatives of the Governor's Office, the commission, and appropriate civic, business, government, and academic organizations.
(3) The award must include a citation and a payment of five thousand dollars. The Governor's Office shall host an appropriate ceremony at which the award must be presented.
(4) The commission shall request annual state appropriations for the award.
Section 59-104-230. The Commission on Higher Education shall request state funds and establish procedures to implement a program of endowed professorships at senior public institutions of higher learning to enable the institutions to attract or retain productive faculty scholars who are making or show promise of making substantial contributions to the intellectual life of the State.
Each professorship must be supported by the income from an endowment fund created especially for that purpose. Half of the corpus of each fund must be provided by the commission through this program, and half must be provided by the institution from private funds specifically donated for this purpose.
The State Treasurer shall establish a separate fund consisting of any funds appropriated for all endowed professorships plus accrued interest received. Any amount remaining in the established fund at the end of any fiscal year must be carried forward to the next fiscal year to be used for endowed professorships. Funds in the specified amounts to support each endowment may be transferred by the commission to each eligible institution.
Section 59-104-240. (A) The Commission on Higher Education shall request state funds by 1990 to implement a program to endow salary enhancements for outstanding faculty in technical colleges and two-year campuses of the University of South Carolina. The purpose of the program is to enable the state's two-year college systems to retain and reward outstanding instructional personnel.
(B) The commission, in collaboration with the State Board for Technical and Comprehensive Education and the University of South Carolina, shall establish procedures to implement the program. Each salary enhancement must be supported by an endowment fund created especially for that purpose. Half of the corpus of each fund must be provided by the commission through this program, and half must be provided by the institution from private sources specifically donated for this purpose.
(C) The State Treasurer shall establish a separate fund consisting of any funds appropriated for all salary enhancements plus accrued interest received. Any amount remaining in the established fund at the end of any fiscal year must be carried forward to the next fiscal year to be used for salary enhancements. Funds in the specified amounts to support each salary enhancement may be transferred by the commission to each eligible institution.
Section 59-104-250. All libraries in the technical colleges in this State shall convert to a computer-based automated system that is compatible with existing state library systems and allows for appropriate networking with public colleges and universities if funds are appropriated for this purpose. The Commission on Higher Education shall request special appropriations to accomplish the conversion.
Section 59-104-260. The Commission on Higher Education shall encourage the development of joint programs that take advantage of the strengths of the public colleges and universities and discourage the development of independent competitive programs. The programs must be developed through planning and cooperation among the institutions in both academic and nonacademic areas.
Section 59-104-410. A Research Investment Fund is created to establish or expand research programs in public institutions of higher learning in this State which are related to the continued economic development of South Carolina. The fund must consist of appropriations to the State Commission on Higher Education which it allocates to the institutions for research. The funds must be apportioned among the three senior universities and the four-year colleges in a manner that takes into account the previous year's expenditures of externally generated funds for research by the institutions as reported to the commission. However, the commission may make exceptions to accommodate economic development opportunities in any area of the State.
Section 59-104-420. (A) The fund must be used for research which:
(1) has a direct, positive impact on economic development, education, health, or welfare in this State;
(2) has an existing base in faculty expertise, resources, and facilities;
(3) serves to improve the quality of undergraduate and graduate education for South Carolina citizens in accordance with the institutions' stated missions as given in the commission's master plan and as developed by the institution and approved by the commission as provided in Section 59-103-45(5).
(B) The fund must not be used for capital construction projects.
Section 59-104-430. At the end of each fiscal year, comprehensive reports must be made to the Commission on Higher Education on the expenditures of funds and the results realized from the research programs. At the end of two fiscal years and each fiscal year after that, the commission shall reexamine the process of appropriating funds for research and the results obtained from the expenditures and recommend changes and alterations in the funding of research by the State if the changes are considered advisable by the commission.
Section 59-104-440. (A) With the exception of the University of South Carolina, Clemson University, and the Medical University of South Carolina, institutions seeking financial support from the fund for research projects shall submit proposals to the commission for its review and approval.
(B) The portion of the fund allocated to the three senior universities excepted in subsection (A) must be distributed in a manner that takes into account the previous year's expenditures of externally generated funds for research which each university reported to the commission.
(C) No funds allocated under the provisions of this chapter nor matching funds received pursuant to terms of this chapter may be used to increase an institution's future years' formula funding as computed by the Commission on Higher Education.
Section 59-104-610. The State Commission on Higher Education shall maintain a statewide planning system to address strategic issues in public and private higher education. The system must focus upon the following goals to:
(1) identify future directions for higher education in South Carolina and recommend appropriate methods for meeting the resultant challenges;
(2) review major goals identified by the public and private institutions of higher learning in this State and ascertain their relationship to higher education in South Carolina;
(3) assure the maintenance and continued development of the quality of higher education in South Carolina;
(4) assure the maintenance and continued provision of access to and equality of educational opportunity in higher education in South Carolina;
(5) measure and monitor an institution's standard of achievement in regard to the performance indicators for quality academic success as contained in Section 59-103-30.
Section 59-104-620. (A) The Commission on Higher Education shall establish an Advisory Council on Planning to assist the commission and the institutions of higher learning in maintaining planning as a high priority.
(B) The advisory council shall report to the executive committee of the commission, which shall serve as the standing committee on planning for the commission.
(C) The advisory council shall submit to the executive committee of the commission its advice, reports, and draft plans.
Section 59-104-630. The Commission on Higher Education shall ensure that each public institution of higher learning in this State maintains its individual planning process.
Section 59-104-640. (A) The chief executive officer of the Commission on Higher Education shall develop a prospectus for planning each year.
(B) In the initial year, the Advisory Council on Planning is responsible for developing a statewide planning document for submission to the commission.
(C) After the initial year and annually thereafter, the advisory council shall prepare revisions of the planning document for consideration by the commission. The revisions must conform to, but need not be limited to, the prospectus provided by the commission.
Section 59-104-650. (A) The goals for maintaining an effective system of quality assessment by institutions of higher learning in South Carolina are to:
(1) assure that a system for measuring institutional effectiveness achievement in regard to the performance indicators for quality academic success as contained in Section 59-103-30 is in effect on every public college and university campus in this State;
(2) provide a vehicle for disseminating the results of outcome these measurements to the constituents within the State;
(3) provide data relative to the effectiveness of each institution that can be used to initiate curriculum, programmatic, or policy changes within the institution necessary to meet the standards for these performance indicators.
(B) The process by which these goals must be attained is as follows:
(1) Each institution of higher learning is responsible for maintaining a system to measure institutional effectiveness achievement in regard to the performance indicators for quality academic success in accord with provisions, procedures, and requirements developed by the Commission on Higher Education. The system for measuring such institutional effectiveness achievement must include, but is not limited to, a description of criteria by which such institutional effectiveness achievement is being assessed.
(2) As a part of South Carolina's statewide planning process, each institution shall provide the commission with an annual report on the results of its institutional effectiveness achievement program.
(3) The commission shall prepare a report that must include results of institutional effectiveness achievement, including student assessment programs. Information from private colleges and universities must be included for those institutions that voluntarily provide the information to the commission.
Section 59-104-660. (A) All state-supported institutions of higher learning shall establish their own procedures and programs to measure student achievement which must include, but are not limited to, the performance indicators contained in Section 59-103-30(B)(6) and (7). The procedures and programs must be submitted to the Commission on Higher Education as part of the plan for measuring institutional effectiveness achievement and must:
(1) derive from institutional initiatives, recognizing the diversity of South Carolina public colleges and universities, the tradition of institutional autonomy, and the capacity of faculty and administrators to identify their own problems and solve them creatively;
(2) be consistent with each institution's mission and educational objectives;
(3) involve faculty in setting the standards of achievement, selecting the measurement instruments, and analyzing the results;
(4) follow student progress through the curriculum, as appropriate;
(5) include follow-up of graduates.
(B) As part of their annual report on institutional effectiveness achievement, all state-supported colleges and universities shall describe their progress in developing assessment programs and submit information on student achievement to the commission."
SECTION 10. Section 59-101-350 of the 1976 Code is amended to read:
"Section 59-101-350. (A) The Commission on Higher Education shall submit an annual report to the Governor and to the General Assembly. The annual report must be published prior to January fifteenth of each year beginning in 1993 and presented in a readable format so as to easily compare with peer institutions in South Carolina and other Southern Regional Education Board states the state's public, post-secondary institutions. Prior to publication, the Commission on Higher Education shall distribute a draft of the report to all public.
(B) Each four-year, post-secondary institution shall submit to the commission the following information for inclusion in the report, with the South Carolina Department of Corrections' students identified and reported separately:
(1) the number and percentage of accredited programs and the number and percentage of programs eligible for accreditation;
(2) the number and percentage of undergraduate and graduate students who completed their degree program;
(3) the percent of lower division instructional courses taught by full-time faculty, part-time faculty, and graduate assistants;
(4) the percent and number of students enrolled in remedial courses and the number of students exiting remedial courses and successfully completing entry-level curriculum courses;
(5) the percent and number of graduate and upper division undergraduate students participating in sponsored research programs;
(6) placement data on graduates;
(7) the percent change in the enrollment rate of students from minority groups, the number of minority students enrolled, and the change in the total number of minority students enrolled over the past five years;
(8) the percent and number of graduate students who received undergraduate degrees at the institution, within the State, within the United States, and from other nations;
(9) the number of full-time students who have transferred from a two-year, post-secondary institution and the number of full-time students who have transferred to two-year, post-secondary institutions;
(10) student scores on professional examinations with detailed information on state and national means, passing scores, and pass rates, as available, and with information on such scores over time, and the number of students taking each exam; and
(11) appropriate information relating to each institution's role and mission;
(12) any information required by the commission in order for it to measure and determine the institution's standard of achievement in regard to the performance indicators for quality academic success enumerated in Section 59-103-30.
(C) Each two-year, post-secondary institution shall submit to the commission the following information for inclusion in the report:
(1) the number and percentage of accredited programs and the number and percentage of programs eligible for accreditation;
(2) the number and percentage of undergraduate students who completed their degree program;
(3) the percent of courses taught by full-time faculty members, part-time faculty, and graduate assistants;
(4) placement rate on graduates;
(5) the percent change in the enrollment rate of students from minority groups, the number of minority students enrolled and the change in the total number of minority students enrolled over the past five years;
(6) the number of students who have transferred into a four-year, post-secondary institution and the number of students who have transferred from four-year, post-secondary institutions; and
(7) appropriate information relating to the institution's role and mission;
(8) any information required by the commission in order for it to measure and determine the institution's standard of achievement in regard to the performance indicators for quality academic success enumerated in Section 59-103-30.
(D) The commission on Higher Education also shall develop with the cooperation of the public, post-secondary institutions, a uniform set of questions to be included in surveys to be used by each public, post-secondary institution in determining alumni satisfaction. The survey instruments must address the issues of overall satisfaction, satisfaction with major instruction, impact of general education, and current societal participation of alumni. Every two years the graduating class of three years prior must be surveyed by each institution using appropriate statistical techniques. Information from these surveys must be included every two years in the annual report as required herein.
(E) The commission on Higher Education shall make no funding recommendation decision, capital outlay recommendation decision, distribution or certification on behalf of any public, post-secondary institution that has not submitted the information required pursuant to this section.
(F) After discussions with the institutions, the Commission on Higher Education in consultation with the House Education and Public Works Committee and the Senate Education Committee shall develop the format for the higher education report as required herein.
(G) The commission on Higher Education also is required to submit an in the annual report to report on the progress of institutions of higher education in implementing assessment programs, and in their achievement of effectiveness goals, and on each institution's standard of achievement in regard to the performance indicators for academic success established in Section 59-103-30.
(H) The report required by this section must be filed in magnetic media form if the information is available in that form."
SECTION 11. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. STILLE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. J. BROWN moved to adjourn debate upon the following Bill until Thursday, May 2, which was adopted.
S. 21 -- Senator Mescher: A BILL TO AMEND CHAPTER 29, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR REGISTRATION OF TATTOO ARTISTS AND TATTOO PARLORS BY PROVIDING FOR DEFINITIONS, REGISTRATION AND RENEWAL REQUIREMENTS AND FEES, MINIMAL STANDARDS, TATTOOING AND STERILIZING PROCEDURES, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INSPECTIONS, REGISTRATION DENIAL, REVOCATION, OR SUSPENSION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-17-700, RELATING TO TATTOOING, SO AS TO CHANGE THE CRIMINAL OFFENSE PROHIBITING ALL TATTOOING TO ALLOW TATTOOING OF THOSE EIGHTEEN YEARS OF AGE OR OVER.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4979 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES AND THE DEPARTMENT OF CORRECTIONS.
Rep. McABEE explained the Bill.
S. 1226 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND TITLE 44, CHAPTER 36, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALZHEIMER'S DISEASE, BY ADDING ARTICLE 5 TO ENACT THE "ALZHEIMER'S SPECIAL CARE DISCLOSURE ACT" SO AS TO REQUIRE CERTAIN FACILITIES OFFERING SPECIAL CARE UNITS OR PROGRAMS FOR ALZHEIMER'S PATIENTS TO DISCLOSE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE FORM OF CARE OR TREATMENT PROVIDED THAT DISTINGUISHES IT AS BEING ESPECIALLY SUITABLE FOR THESE PATIENTS.
Rep. ROBINSON moved to adjourn debate upon the following Bill until Thursday, May 2, which was adopted.
H. 4848 -- Reps. Felder, H. Brown and Wright: A BILL TO AMEND SECTION 56-31-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND USE OF SURCHARGES IMPOSED UPON THE PRIVATE PASSENGER MOTOR VEHICLES RENTED FOR THIRTY-ONE DAYS OR LESS, AND TO CERTAIN REPORTS, VIOLATIONS, PENALTIES, REGULATIONS, AND FORMS PERTAINING TO THE COLLECTION OF THE SURCHARGES, SO AS TO PROVIDE THAT THE SURCHARGES ARE A SALES TAX THAT BELONGS TO THE STATE WHICH MUST BE PLACED IN A SEGREGATED ACCOUNT, THE SURCHARGES ARE NOT SUBJECT TO CERTAIN CREDITOR LIENS, AND ARE NOT GROSS RECEIPTS OR REVENUE, AND A PERSON OR ENTITY MAY NOT IMPOSE A FEE, PENALTY, OR EXPENSE ON INDIVIDUALS COMPLYING WITH THIS PROVISION.
The following Bill was taken up.
S. 774 -- Senator Land: A BILL TO AMEND SECTION 56-31-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND USE OF SURCHARGES IMPOSED UPON THE PRIVATE PASSENGER MOTOR VEHICLES RENTED FOR THIRTY-ONE DAYS OR LESS, AND TO CERTAIN REPORTS, VIOLATIONS, PENALTIES, REGULATIONS, AND FORMS PERTAINING TO THE COLLECTION OF THE SURCHARGES, SO AS TO PROVIDE THAT THE SURCHARGES ARE A SALES TAX THAT BELONGS TO THE STATE WHICH MUST BE PLACED IN A SEGREGATED ACCOUNT, THE SURCHARGES ARE NOT SUBJECT TO CERTAIN CREDITOR LIENS, AND ARE NOT GROSS RECEIPTS OR REVENUE, AND A PERSON OR ENTITY MAY NOT IMPOSE A FEE, PENALTY, OR EXPENSE ON INDIVIDUALS COMPLYING WITH THIS PROVISION.
Rep. ROBINSON proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2492JM.96), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 as contained on page 3 and inserting:
/SECTION 2. Notwithstanding any other provision of law, for the purposes of audits conducted by the South Carolina Department of Revenue and Taxation, a rental company engaged in the business of renting private passenger motor vehicles for periods of thirty-one days or less is not liable for monies paid, relating to surcharges, to an airport or other authority between June 30, 1993 and the effective date of this act.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1293 -- Senators Thomas, Giese, Courson, Fair, Hayes, Jackson, Passailaigue, Russell and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.
Rep. SHEHEEN 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.
Upon the withdrawal of objections by Reps. TROTTER and MARCHBANKS, the following Bill was taken up.
H. 4631 -- Reps. Wilkes, G. Brown, Bailey, Simrill, Meacham, J. Young, Fulmer, Sharpe, Shissias, Wofford, Young-Brickell, Limehouse, Wright, Davenport, Whatley, Cain, Tucker, Carnell, Hodges, R. Smith, Whatley, Breeland, Wilder, Stoddard, Richardson, Cromer, McMahand, Fulmer, L. Whipper, J. Brown, Scott, J. Hines, Knotts, Marchbanks, Neilson, Kennedy and Kinon: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICES ON WHICH THE SALES TAX APPLIES INCLUDING NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES, SO AS TO PROVIDE THAT SUCH SERVICES ARE EXEMPT FROM THE SALES TAX IN THE MANNER PROVIDED IN SECTION 12-36-2120; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES BEGINNING JULY 1, 1997.
Reps. ROBINSON and TROTTER objected to the Bill.
Rep. SHEHEEN withdrew his objection to H. 4447 however, other objections remained upon the Bill.
Rep. SHEHEEN asked unanimous consent to recall S. 1309 from the Committee on Ways and Means.
Rep. KNOTTS objected.
On motion of Rep. CATO, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Labor, Commerce and Industry.
S. 1361 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLAN, AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1929, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. LANFORD, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 1395 -- Senator Courtney: A BILL TO AMEND SECTION 5-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMS AND SELECTION OF MUNICIPAL GOVERNMENT, SO AS TO PROVIDE THAT A MUNICIPALITY WHICH FAILED TO ADOPT ONE OF THE SPECIFIED FORMS OF GOVERNMENT WITHIN FIFTEEN MONTHS OF DECEMBER 31, 1977, IS CONSIDERED TO HAVE FORFEITED ITS ARTICLES OF INCORPORATION UNTIL IT CERTIFIES THE ADOPTION OF ONE OF THE FORMS TO THE SECRETARY OF STATE, AND TO FURTHER PROVIDE THAT THE ARTICLES OF INCORPORATION MUST BE REINSTATED UPON THE CERTIFICATION OF THE ADOPTION.
Rep. HARRISON moved to adjourn debate upon the Senate amendments to the following Bill until Tuesday, May 7, which was adopted.
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.
The Senate amendments to the following Bill were taken up for consideration.
H. 4159 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3495 SO AS TO LIMIT THE DISTRIBUTION OF PROFITS DERIVED FROM THE GAME OF BINGO.
Rep. KIRSH explained the Senate amendments.
Rep. SEITHEL spoke against the Senate amendments.
Rep. KIRSH spoke in favor of the Senate amendments.
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 Joint Resolution were taken up for consideration.
H. 3170 -- Reps. Govan, Simrill, Inabinett, Lloyd and Hines: A JOINT RESOLUTION TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO INCUR A LIMITED AMOUNT OF DEBT FOR A PERIOD NOT TO EXCEED EIGHT MONTHS FOR THE STATE HOUSE RENOVATION PROJECT AND TO REQUIRE THAT THE DEBT BE RETIRED FROM APPROPRIATIONS AUTHORIZED FOR THE STATE HOUSE RENOVATION PROJECT IN FISCAL YEAR 1996-97.
Rep. WILKINS proposed the following Amendment No. 1A (Doc Name P:\amend\GJK\22786HTC.96).
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The Office of Human Resources and the Retirement Systems of the State Budget and Control Board shall jointly conduct a study to determine the full costs and benefits of allowing members of the South Carolina Retirement System to retire at any age without penalty with at least twenty-five years of credited service. The study must address all actuarial issues raised by this proposal including the additional costs and options to meet those costs, and a thorough review of the potential benefits of the proposal, including any possible personnel expense reductions. The study shall address these issues with respect to both state and local government employers under the system. The study's findings and conclusions must be reported to the General Assembly no later than November 15, 1996.
SECTION 2. The General Assembly having authorized and initiated the State House Renovations project and finding it necessary to ensure continuous and stable funding to the project, hereby authorizes the S.C. State Budget and Control Board to issue not more than ten million dollars ($10,000,000) of general obligation debt of the State, in the form of one or more promissory notes. The proceeds of the promissory note(s) issued by the Board must be used exclusively for the State House Renovations project, including the expenses and cost of issuing the note(s). General obligation debt for the State House Renovations project shall be issued under such terms and conditions as the State Budget and Control Board shall prescribe; provided, however, that such general obligation debt shall mature not later than December 31, 1996; and, provided further, that there is hereby allocated sufficient tax revenues to provide for the punctual payment of the principal of and interest on such general obligation debt. In accordance with the provisions of Article X, Section 13 of the State Constitution, the full faith, credit and taxing power of the State shall be pledged to the payment of the principal of and interest on such general obligation debt. In addition to fulfilling the requirements of Article X, Section 13 of the State Constitution by allocating sufficient tax revenues to provide for the punctual payment of the principal of and interest on the general obligation debt and pledging the full faith, credit and taxing power of the State on the general obligation debt authorized herein, the General Assembly hereby expresses its intent to repay the general obligation debt by an appropriation from the fiscal year 1994-1995 surplus revenues, the fiscal year 1995-1996 Capital Reserve Fund and/or such other revenue sources as are available to the General Assembly.
SECTION 3. This joint resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILKINS explained the amendment and moved to adjourn debate upon the Senate amendments until Thursday, May 2, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 4701 -- Rep. Worley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-65 SO AS TO AUTHORIZE FINANCIAL INSTITUTIONS TO VISIT PUBLIC EVENTS AND COMMERCIAL LOCATIONS FOR THE PURPOSE OF OPENING DEPOSIT ACCOUNTS SO LONG AS THE SPONSORING ORGANIZATION AGREES.
Rep. GAMBLE explained the Senate amendments.
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. 4801 -- Rep. Meacham: A BILL TO AMEND SECTION 8-13-1356, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CANDIDATE FOR PUBLIC OFFICE FILE A STATEMENT OF ECONOMIC INTERESTS AT THE TIME THE CANDIDATE FILES A DECLARATION OF CANDIDACY OR A PETITION FOR NOMINATION AND OTHER FILING REQUIREMENTS, SO AS TO EXEMPT A PUBLIC OFFICIAL FROM THE PROVISIONS OF THIS SECTION IF HE HAS A CURRENT STATEMENT OF ECONOMIC INTERESTS ON FILE WITH HIS SUPERVISORY OFFICE REQUIRED BY SECTION 8-13-1140.
Rep. MEACHAM explained the Senate amendments.
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. 4585 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF CERTAIN DRUGS USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, AND TO PROVIDE FOR RELATED MATTERS.
Reps. CATO and KLAUBER proposed the following Amendment No. 1A (Doc Name P:\amend\PT\2500JM.96), which was adopted.
Amend the bill, as and if amended, page 1, by striking Section 38-71-275(A), as contained in SECTION 1, at lines 27 through 37 and inserting:
/(A) No insurance policy which provides coverage for drugs shall exclude coverage of any such drug used for the treatment of cancer on the grounds that the drug has not been approved by the Federal Food and Drug Administration for the treatment of the specific type of cancer for which the drug has been prescribed; provided, that such drug is recognized for treatment of that specific type of cancer in one of the standard reference compendia or in the medical literature./
Amend totals and title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
Rep. HARRISON moved to adjourn debate upon the Senate amendments to the following Bill until Thursday, May 2, which was adopted.
H. 4830 -- Rep. Harrison: BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, BY ADDING CHAPTER 44 SO AS TO ENACT THE UNIFORM LIMITED LIABILITY COMPANY ACT OF 1996 SO AS TO PROVIDE FOR THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH LIMITED LIABILITY COMPANIES SHALL BE OPERATED AND GOVERNED BEGINNING GENERALLY ON JANUARY 1, 2001, IN CONFORMITY WITH RECENT CHANGES IN FEDERAL REGULATORY DECISIONS REGARDING LIMITED LIABILITY COMPANIES; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE DEPARTMENT OF REVENUE AND TAXATION DISCLOSING TAXPAYER RECORDS AND REPORTS, SO AS TO PERMIT DISCLOSURE OF SUCH INFORMATION TO THE SECRETARY OF STATE UNDER CERTAIN CONDITIONS; AND TO REPEAL CHAPTER 43 OF TITLE 33 RELATING TO LIMITED LIABILITY COMPANIES EFFECTIVE JANUARY 1, 2001.
The Senate amendments to the following Bill were taken up for consideration.
H. 3140 -- Reps. McTeer and Lloyd: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD OF VOTING MACHINE COMMISSIONERS BE PROVIDED WITH A MECHANICAL VOTING MACHINE MODEL SUITABLE FOR THE INSTRUCTION OF VOTERS.
Rep. McTEER explained the Senate amendments.
Rep. McTEER continued speaking.
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. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.
Rep. HARRISON explained the Senate amendments.
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. 3268 -- Reps. Richardson, Vaughn, Harvin, Bailey, Cotty, Limbaugh, Chamblee, Wofford, A. Young, Shissias, Stuart, Lloyd, Sandifer, Thomas, Witherspoon, Wells, Keyserling, Walker and Harrison: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE THE MURDER OF A WITNESS OR POTENTIAL WITNESS IN A CRIMINAL TRIAL TO DETER PROSECUTION AS AN AGGRAVATING CIRCUMSTANCE IN CONSIDERATION OF IMPOSING THE DEATH PENALTY.
Rep. HARRISON explained the Senate amendments.
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.
S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler, Cork, Moore, Ryberg, O'Dell and Alexander: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
Rep. HARRISON explained the Senate amendments.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
Rep. HARRISON moved to dispense with the Motion Period.
As a first substitute Rep. SHEHEEN moved to recall S. 1309 from the Ways and Means Committee.
As a second substitute Rep. ROBINSON moved to dispense with the balance of the Motion Period, which was agreed to.
Rep. HARRELL moved that the House recede until 1:45 P.M., which was adopted.
At 1:45 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The SPEAKER granted Rep. COTTY a leave of absence for the remainder of the day due to attending a funeral in his district.
The SPEAKER granted Reps. CANTY, DAVENPORT and McELVEEN a leave of absence for the remainder of the day.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. FELDER having the floor.
H. 3803 -- Reps. A. Young, Keegan, Mason, R. Smith, Bailey, Wofford, Klauber, Law, Hutson, Whatley, Vaughn, Chamblee, Byrd, Gamble, Witherspoon, Lloyd, Limbaugh, Kinon, Littlejohn, Haskins and Meacham: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY OBTAIN A DRIVER'S LICENSE, BEGINNER'S PERMIT OR INSTRUCTION PERMIT, SO AS TO REQUIRE APPLICANTS FOR A BEGINNER'S PERMIT TO MEET THE REQUIREMENTS OF SECTION 56-1-50, TO REQUIRE APPLICANTS FOR A RESTRICTED DRIVER'S LICENSE TO MEET THE REQUIREMENTS OF SECTION 56-1-180, AND TO DELETE "INSTRUCTION PERMIT" AND "SECTION 56-1-60"; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO OBTAINING A BEGINNER'S PERMIT, SO AS TO REQUIRE APPLICANTS TO COMPLETE A DRIVER'S TRAINING COURSE BEFORE BEING ISSUED A BEGINNER'S PERMIT; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO A RESTRICTED DRIVER'S LICENSE, SO AS TO DELETE "INSTRUCTION PERMIT" AND TO REQUIRE APPLICANTS TO COMPLETE A DRIVER'S TRAINING COURSE BEFORE BEING ISSUED A RESTRICTED DRIVER'S LICENSE.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, April 25, by the Committee on Education and Public Works.
Rep. KELLEY explained the amendment.
Rep. RISER moved to adjourn debate upon the Bill until Thursday, May 2.
Rep. SIMRILL moved to table the motion, which was agreed to.
Rep. FELDER spoke against the amendment.
Rep. FELDER continued speaking.
Rep. G. BROWN spoke against the amendment.
Rep. TOWNSEND moved to adjourn debate upon the Bill, which was adopted.
The SPEAKER granted Rep. G. BROWN a leave of absence for the remainder of the day to attend a funeral.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Thursday, May 2, which was adopted.
H. 3174 -- Reps. P. Harris and Richardson: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BEGINNER'S DRIVING PERMIT, SO AS TO INCREASE ITS FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, ITS FEE, AND CONTENTS, SO AS TO INCREASE THE DRIVER'S LICENSE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-3-760, AS AMENDED, RELATING TO REGISTRATION FEE FOR MOTORCYCLES AND MOTOR-DRIVEN CYCLES, SO AS TO INCREASE THE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 59-53-2010, RELATING TO A STATEWIDE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 59-53-2020, RELATING TO THE CREATION, ADMINISTRATION, INSTRUCTORS, AND CURRICULUM ASSOCIATED WITH THE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO ELIMINATE THE "MOTORCYCLE SAFETY INSTRUCTION PROGRAM", TO CREATE THE "MOTORCYCLE SAFETY EDUCATION PROGRAM", TO ESTABLISH THE MOTORCYCLE SAFETY EDUCATION PROGRAM'S ADMINISTRATION'S PURPOSE, COURSE ENROLLMENT REQUIREMENTS, INSTRUCTOR REQUIREMENTS, AND CURRICULUM; BY ADDING SECTION 59-53-2022 SO AS TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION DEVELOP CERTAIN WRITTEN POLICIES AND PROCEDURES; BY ADDING SECTION 59-53-2024 SO AS TO CREATE, ESTABLISH REVENUE SOURCES FOR, AND PROVIDE FOR THE ADMINISTRATION OF THE SOUTH CAROLINA MOTORCYCLE SAFETY EDUCATION TRUST FUND; BY ADDING SECTION 59-53-2026 SO AS TO ESTABLISH AN ADVISORY COMMITTEE TO ASSIST IN DEVELOPING, ESTABLISHING, AND MAINTAINING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; BY ADDING SECTION 59-53-2028 SO AS TO REQUIRE THE EXECUTIVE DIRECTOR OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ISSUE A BIANNUAL REPORT REGARDING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; AND TO REPEAL SECTION 59-53-2030 RELATING TO PROGRAM ENROLLMENT FEES.
The following Joint Resolution was taken up.
H. 3812 -- Reps. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser, Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.
Rep. HARRISON moved to recommit the Joint Resolution to the Committee on Judiciary, which was agreed to.
The following Bill was taken up.
S. 517 -- Senator Patterson: A BILL TO AMEND SECTION 8-11-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE FROM TEN TO TWENTY THE MAXIMUM NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.
Rep. SIMRILL moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bill was taken up.
H. 4447 -- Reps. Meacham, Simrill, Young-Brickell, Vaughn, Allison, Davenport, Rice, Easterday, Haskins and Lee: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE A PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT; AND TO AMEND SECTION 59-63-31, RELATING TO ADDITIONAL QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO CONFORM A REFERENCE IN THE SECTION TO THE REVISED PROVISIONS OF SECTION 59-63-30.
Debate was resumed on Amendment No. 2, which was proposed on Tuesday, April 16, by Rep. MEACHAM.
Rep. MEACHAM moved to table the amendment, which was agreed to.
Rep. MEACHAM proposed the following Amendment No. 3 (Doc Name P:\amend\GJK\22703SD.96), which was adopted.
Amend the bill, as and if amended, as and if amended, by adding a new SECTION to be appropriately numbered to read:
/SECTION ____. Any child who attends the public schools of any district on the basis that he owns real estate in the district having an assessed value of three hundred dollars or more may continue to attend the schools of that district after the effective date of this act so long as they own such real estate, notwithstanding the amendments to Section 59-63-30 of the 1976 Code as contained herein./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MEACHAM explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill on second reading, resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Cave Chamblee Clyburn Easterday Fleming Gamble Harrison Hines, M. Keegan Kelley Keyserling Kirsh Knotts Lanford Lee Littlejohn Loftis Marchbanks Mason McKay McMahand McTeer Meacham Moody-Lawrence Phillips Quinn Rice Richardson Riser Robinson Seithel Sheheen Simrill Smith, R. Stille Thomas Townsend Trotter Vaughn Wells Whipper, L. Whipper, S. White Wilkes Wilkins Witherspoon Wofford Wright Young
Those who voted in the negative are:
Askins Baxley Brown, J. Cromer Dantzler Delleney Felder Hallman Harrell Harris, J. Hodges Jaskwhich Jennings Kinon Klauber Koon Law Limbaugh Limehouse Lloyd McAbee Neilson Sandifer Sharpe Spearman Stoddard Stuart Tripp Tucker Waldrop Whatley Wilder
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4546 -- Reps. Klauber, Askins, Mason, Chamblee, R. Smith, Meacham, Wright, Elliott, Koon, D. Smith, Knotts, Herdklotz, Sharpe, Bailey, Gamble, Fulmer, Tripp, Whatley, Law, Kennedy, Vaughn, Rice, Quinn, Cato, Davenport, Wofford, Haskins, Worley, Littlejohn, Riser, J. Young, Young-Brickell, Lanford, Simrill, Witherspoon and Carnell: A BILL TO AMEND SECTION 58-27-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, THE DISPOSITION OF PROPERTIES, POWERS, FRANCHISES, OR PRIVILEGES, AND THE PERMISSION TO SELL CERTAIN OUT-OF-STATE PROPERTY, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO "UTILITY PROPERTY", DELETE REFERENCES TO OUT-OF-STATE PROPERTY, DELETE THE REQUIREMENT OF A HEARING, AND DEFINE "UTILITY PROPERTY" FOR PURPOSES OF THIS SECTION.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2451JM.96), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 58-27-1300 of the 1976 Code, as amended by Act 449 of 1988, is further amended to read:
"Section 58-27-1300. No electrical utility, without the approval of the commission after due hearing and compliance with all other existing requirements of the laws of the State in relation thereto, may sell, assign, transfer, lease, consolidate, or merge its utility property, powers, franchises, or privileges, or any of them, except that any electrical utility which has utility property outside this State, the initial purchase value of which is one million dollars or less, may sell, assign, transfer, lease, consolidate, or merge this out-of-state property without prior approval of the commission. The commission may, at its discretion, hold a hearing on the request of an electrical utility to sell, assign, transfer, lease, consolidate, or merge its utility property, powers, franchises, or privileges, or any of them. An electric utility seeking approval of a transfer under this provision shall serve a copy of the application on the South Carolina Consumer Advocate. For purposes of this section, 'utility property' shall include property used and useful to provide customers with electric service and which has been properly included in the electric utility's rate base, including construction work in progress or property held to serve future customers. Utility property that has been transferred to nonutility accounts shall continue to be treated as utility property under this provision for five years following the transfer."/
Amend title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22764SD.96), which was adopted.
Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, in Section 58-27-1300 of the 1976 Code as contained in SECTION 1, by striking on line 39, page 4546-1 /initial purchase value/ and inserting /initial purchase value fair market value/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill, as amended, on second reading resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Baxley Boan Breeland Brown, H. Brown, J. Byrd Cain Cato Cave Chamblee Clyburn Cobb-Hunter Cromer Dantzler Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harris, J. Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mason McCraw McKay McMahand Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4785 -- Rep. Wells: A BILL TO AMEND CHAPTER 69, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF VETERINARIANS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.
Rep. DANTZLER moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.
The following Joint Resolution was taken up.
H. 4343 -- Reps. D. Smith, Littlejohn, Walker, Allison, Haskins, Jennings, Hutson, Cain, Harrison, Vaughn, Wilder, Law, Simrill, Herdklotz, Kirsh, Limbaugh, Gamble, Richardson and Meacham: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICES BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE ON JULY 1, 1997, AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article VI of the Constitution of South Carolina, 1895, be amended by adding:
"Section 7A. Notwithstanding the provisions of Sections 6 and 7 of this article and Section 12 of Article IV or any other provision of this Constitution, the office of Secretary of State is abolished on July 1, 1997. The functions and duties of the Secretary of State must be devolved in the manner that the General Assembly shall provide by law."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI of the Constitution of this State be amended by adding Section 7A so as to abolish the office of Secretary of State on July 1, 1997 and provide that the functions and duties of the office must be devolved in the manner that the General Assembly shall provide by law?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Rep. KNOTTS proposed the following Amendment No. 3 (Doc Name P:\amend\GJK\22767SD.96), which was tabled.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is proposed that Article VI of the Constitution of South Carolina, 1895, be amended by adding:
"Section 7A. Notwithstanding the provisions of Sections 6 and 7 of this article and Section 12 of Article IV or any other provision of this Constitution, the office of Secretary of State is abolished as of the end of the term of office of the incumbent in office on the date of ratification of this section. The functions and duties of the Secretary of State must be devolved upon the remaining state constitutional offices or state agencies in the manner that the General Assembly shall provide by law."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI of the Constitution of this State be amended by adding Section 7A so as to abolish the office of Secretary of State at the end of the term of the incumbent in office on the date of ratification of this amendment and provide that the functions and duties of the office must be devolved upon the remaining state constitutional offices or state agencies in the manner that the General Assembly shall provide by law?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KNOTTS explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. KNOTTS proposed the following Amendment No. 4 (Doc Name P:\amend\GJK\22768SD.96), which was tabled.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 7, Article VI of the Constitution of this State is amended to read:
"Section 7. There shall be elected by the qualified voters of the State a Secretary of State, an Attorney General, a Treasurer, a Superintendent of Education, Comptroller General, Commissioner of Agriculture, and an Adjutant General who shall hold their respective offices for a term of four years, coterminous with that of the Governor. The duties and compensation of such offices shall be prescribed by law and their compensation shall be neither increased or diminished during the period for which they shall have been elected. In addition to his other duties, the Secretary of State shall be responsible for administering the insurance laws of this State.
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Section 7, Article VI of the Constitution of this State, relating to the constitutional officers of this State, be amended so as to provide that in addition to his other duties, the Secretary of State shall be responsible for administering the insurance laws of this State?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KNOTTS explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. KNOTTS spoke against the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Baxley Brown, H. Brown, J. Byrd Cain Cato Cave Chamblee Cobb-Hunter Cromer Dantzler Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Hines, J. Hodges Hutson Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rice Richardson Riser Robinson Rogers Sandifer Seithel Sharpe Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells White Wilder Wilkes Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Breeland Clyburn Howard Knotts Martin McAbee Thomas Tucker Whatley Whipper, L.
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Bill was taken up.
H. 4624 -- Reps. McKay, Sharpe, Limbaugh, Wells, Spearman and Askins: A BILL TO AMEND TITLE 48, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-65 SO AS TO AUTHORIZE OPEN BURNING OF LEAVES, TREE BRANCHES, AND YARD TRIMMINGS ONLY UNDER CERTAIN CONDITIONS; AND TO AUTHORIZE CAMPFIRES ONLY FOR RECREATIONAL PURPOSES OR HUMAN WARMTH.
Rep. SHARPE moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.
The following Joint Resolution was taken up.
S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10802SD.96), which was tabled.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Notwithstanding any other provision of law, a person required to take and pass the Education Entrance Examination (EEE), pursuant to Section 59-26-20(e) or 59-26-40 of the 1976 Code, who has failed to achieve a passing score on all sections after the number of attempts allowed by law may retake for a fourth time any test section not passed.
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. MOODY-LAWRENCE continued speaking.
Rep. TOWNSEND moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Boan Brown, H. Cain Cato Chamblee Cromer Dantzler Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Hodges Hutson Jaskwhich Jennings Keegan Kelley Kirsh Koon Lanford Law Limbaugh Littlejohn Loftis Marchbanks Mason McKay Quinn Rice Richardson Riser Robinson Seithel Sharpe Sheheen Shissias Simrill Smith, R. Stille Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Young Young-Brickell
Those who voted in the negative are:
Anderson Askins Breeland Byrd Cave Clyburn Cobb-Hunter Felder Harris, J. Hines, J. Howard Lee Lloyd McCraw McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Sandifer Spearman Stoddard Tucker Whipper, L. Whipper, S. White Wilkes
So, the amendment was tabled.
Rep. SIMRILL moved to recommit the Joint Resolution.
Rep. TOWNSEND moved to table the motion, which was not agreed to by a division vote of 35 to 37.
The question then recurred to the motion to recommit the Joint Resolution to the Committee on Education and Public Works, which was rejected by a division vote of 30 to 51.
Reps. TOWNSEND, WRIGHT and GAMBLE proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22755SD.96), which was adopted.
Amend the joint resolution, as and if amended, by adding at the end of SECTION 2:
/The State Superintendent of Education or the chairperson of the State Board of Education may not grant any petitions to take the EEE for a fourth time which are received after the effective date of this act./
Amend the joint resolution further, as and if amended, by striking SECTION 3 and inserting:
/SECTION 3. Notwithstanding any other provision of law, before a student may enter a teacher education program after December 1, 1996, he or she must have passed the Education Entrance Examination (EEE). After December 1, 1996, any person who has failed to achieve a passing score on all sections of the EEE after two attempts may retake for a third time any test section not passed in the manner allowed by this section. The person must first complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and provide satisfactory evidence of completion of this required remedial or developmental course to the State Superintendent of Education. A third administration of the examination may then be given to this person. If the person fails to pass the EEE after the third attempt, he or she after a period of five years may take the EEE or any sections not passed for a fourth time under the same terms and conditions provided by this section for persons desiring to take the EEE for a third time.
SECTION 4. This act takes effect upon approval by the Governor, except that the provisions of Section 2 hereof expire on December 1, 1996./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
Rep. MOODY-LAWRENCE moved to table the amendment.
Rep. ANDERSON demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 15 to 46.
The amendment was then adopted.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 3 (Doc Name P:\amend\GJK\22788SD.96), which was tabled.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Notwithstanding any other provision of law, before a student may enter the professional sequence portion of a teacher education program, he or she must have passed the Education Entrance Examination (EEE). A student may take the Education Entrance Examination as many times as he or she desires. Institutions of higher learning may determine the professional sequence portion of teacher education programs.
SECTION 2. This act takes effect upon approval by the Governor./
Renumber section to conform.
Amend totals and title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. GAMBLE spoke against the amendment.
Rep. GAMBLE continued speaking.
Rep. MOODY-LAWRENCE spoke in favor of the amendment.
Rep. TRIPP moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Baxley Brown, H. Cain Carnell Cato Chamblee Cromer Dantzler Delleney Easterday Felder Fulmer Gamble Hallman Harrell Hutson Keegan Kelley Keyserling Kirsh Koon Lanford Law Limbaugh Littlejohn Loftis Mason McAbee McCraw McKay Neilson Phillips Quinn Rice Riser Robinson Rogers Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Breeland Byrd Cave Clyburn Cobb-Hunter Harris, J. Hines, J. Hines, M. Howard Jaskwhich Lee Lloyd McMahand McTeer Meacham Moody-Lawrence Neal Sandifer Whipper, L. Whipper, S. White Wilkes
So, the amendment was tabled.
Reps. LIMBAUGH and ROBINSON proposed the following Amendment No. 4 (Doc Name P:\amend\GJK\22766CM.96), which was tabled.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Notwithstanding any other provision of law, any person who has failed to achieve a passing score on all sections of the EEE after one attempt may retake for a second time any test section not passed in the manner allowed by this section. The person must first complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and provide satisfactory evidence of completion of this required remedial or developmental course to the State Superintendent of Education. A second administration of the examination may then be given to this person. If the person fails to pass the EEE after the second attempt, he or she may not take the EEE again until not less than five (5) years after the date of the second failure have passed.
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMBAUGH explained the amendment.
Rep. L. WHIPPER spoke against the amendment.
Rep. L. WHIPPER moved to adjourn debate upon the Joint Resolution.
Rep. TOWNSEND moved to table the motion.
Rep. L. WHIPPER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Baxley Boan Brown, H. Cain Cato Chamblee Cromer Dantzler Delleney Easterday Felder Gamble Harrell Harrison Hodges Hutson Jennings Keegan Kelley Kinon Kirsh Koon Lanford Law Limbaugh Littlejohn Loftis Marchbanks Mason McCraw McKay Neilson Phillips Quinn Rice Riser Robinson Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Young
Those who voted in the negative are:
Anderson Breeland Brown, J. Byrd Cave Cobb-Hunter Fulmer Hallman Harris, J. Hines, J. Hines, M. Howard Jaskwhich Keyserling Lee Lloyd McMahand McTeer Meacham Moody-Lawrence Neal Sandifer Stoddard Thomas Whipper, L. Whipper, S. White Wilder Wilkes
So, the motion to adjourn debate was tabled.
Rep. MOODY-LAWRENCE moved to continue the Joint Resolution, which was not agreed to.
Rep. TOWNSEND moved to table the amendment, which was agreed to by a division vote of 55 to 28.
Rep. NEAL proposed the following Amendment No. 5, which was tabled.
Require Remediation before students allowed to take Triple E a fourth time.
Rep. NEAL explained the amendment.
Rep. MARCHBANKS raised the Point of Order that Amendment No. 5 was out of order as it was the same as a previous amendment.
The SPEAKER stated that it was similar to a previous amendment, but not identical, and he overruled the Point of Order.
Rep. TOWNSEND moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Boan Brown, H. Cain Cato Chamblee Cromer Dantzler Delleney Easterday Felder Fulmer Gamble Hallman Harrell Harris, J. Harrison Hutson Jennings Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McCraw McKay Phillips Quinn Rice Riser Robinson Seithel Sheheen Shissias Simrill Smith, R. Spearman Stoddard Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Young
Those who voted in the negative are:
Anderson Breeland Brown, J. Cave Cobb-Hunter Hines, J. Hines, M. Howard Jaskwhich Lee Lloyd McAbee McMahand Meacham Moody-Lawrence Neal Sandifer Stille Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 6 (Doc Name P:\amend\BBM\10802SD.96), which was tabled.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Notwithstanding any other provision of law, a person required to take and pass the Education Entrance Examination (EEE), pursuant to Section 59-26-20(e) or 59-26-40 of the 1976 Code, who has failed to achieve a passing score on all sections after the number of attempts allowed by law may retake for a fourth time any test section not passed. Students must be remediated before the fourth time.
The person must first complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and provide satisfactory evidence of completion of this required remedial or developmental course to the State Superintendent of Education.
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. MOODY-LAWRENCE was recognized.
Rep. TOWNSEND raised the Point of Order that Amendment No. 6 was out of order as it was the combination of two amendments that had already been addressed by the House.
The SPEAKER overruled the Point of Order.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 53 to 14.
Rep. MOODY-LAWRENCE moved to continue the Joint Resolution.
Rep. TOWNSEND raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. NEAL moved to table the Joint Resolution.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Breeland Brown, J. Byrd Cain Cato Cave Cobb-Hunter Cromer Delleney Easterday Felder Fulmer Hallman Harrell Hines, J. Hines, M. Howard Limbaugh Limehouse Lloyd Loftis Marchbanks Mason McMahand Moody-Lawrence Neal Rice Riser Robinson Sharpe Sheheen Tripp Trotter Vaughn Waldrop Whatley Whipper, L. Whipper, S. White Wilkes
Those who voted in the negative are:
Allison Askins Bailey Baxley Boan Brown, H. Dantzler Fleming Gamble Harris, J. Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Littlejohn McAbee McCraw McKay McTeer Meacham Neilson Phillips Sandifer Seithel Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tucker Walker Wells Wilder Wilkins Witherspoon Wofford Wright Young Young-Brickell
So, the House refused to table the Joint Resolution.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Boan Brown, H. Chamblee Dantzler Felder Fleming Gamble Harris, J. Harrison Hutson Jennings Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Mason McAbee McCraw McKay McTeer Moody-Lawrence Neilson Phillips Riser Sharpe Shissias Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Waldrop Wells Whipper, S. Wilder Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Baxley Breeland Brown, J. Cain Cato Cave Cobb-Hunter Cromer Delleney Easterday Fulmer Hallman Harrell Hines, J. Hines, M. Howard Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks McMahand Meacham Neal Rice Robinson Sandifer Seithel Sheheen Simrill Tripp Trotter Vaughn Walker Whatley Whipper, L. White Wilkes
So, the Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, May 2, which was adopted.
H. 4651 -- Reps. Harrison, Seithel and Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD DRAWINGS TO RECEIVE OR WIN ANY LIVE ANIMAL; AND TO PROVIDE PENALTIES.
The following Bill was taken up.
H. 4871 -- Reps. Harrison, D. Smith and Wilkins: A BILL TO DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE SECRETARY OF STATE UPON CERTAIN STATE OFFICERS, PERSONS, AND AGENCIES.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 24, by the Committee on Judiciary.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Reps. D. SMITH and HARRISON proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22736DW.96), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, page 4871-312, by striking SECTION 592 in its entirety and inserting:
/SECTION 592. This act takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill on second reading resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Brown, H. Brown, J. Cain Cato Cave Chamblee Cobb-Hunter Cromer Dantzler Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Hines, J. Hines, M. Hutson Jennings Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Loftis Mason McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Townsend Trotter Tucker Waldrop Walker Wells Whatley Whipper, S. White Wilder Wilkes Wilkins Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Howard
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4810 -- Reps. Martin, Jennings, Kelley, J. Young and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-13-465 SO AS TO PROVIDE THAT NO UNDERCOVER AGENT UNDER THE AGE OF TWENTY-ONE OF THE DEPARTMENT OF REVENUE AND TAXATION OR ANY OTHER STATE OR LOCAL LAW ENFORCEMENT AGENCY MAY PURCHASE OR ATTEMPT TO PURCHASE BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON OR OFF-PREMISES CONSUMPTION AT AN ESTABLISHMENT LICENSED TO MAKE SUCH SALES UNLESS THE DEPARTMENT OR AGENCY HAS TWO DOCUMENTED INSTANCES THAT THE ESTABLISHMENT HAS VIOLATED PROVISIONS OF LAW PROHIBITING THE SALE OF BEER, WINE, OR ALCOHOLIC LIQUOR TO MINORS, AND TO PROVIDE REMEDIES FOR VIOLATIONS.
Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up.
H. 4902 -- Reps. Limehouse, Wilder, McMahand, Stoddard, Vaughn, Trotter, Rhoad, Breeland, Tripp, Easterday, Harrell and Herdklotz: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO AUTHORIZE THE BANK TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO GOVERNMENT UNITS AND PRIVATE ENTITIES TO FINANCE PUBLIC HIGHWAY AND TRANSIT PROJECTS; TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO FUND THE BANK WITH UP TO FIVE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE BANK; AND TO AUTHORIZE LENDING TO AND BORROWING BY GOVERNMENT UNITS AND PRIVATE ENTITIES THROUGH THE BANK.
Reps. YOUNG-BRICKELL, KIRSH and J. HARRIS proposed the following Amendment No. 2 (Doc Name P:\amend\DKA\3712CM.96), which was tabled.
Amend the bill, as and if amended, by striking Section 11-42-40, SECTION 1, page 5, and inserting:
/Section 11-42-40. The board of directors is the governing board of the bank. The board shall consist of five voting members as follows: the deputy director of Finance and Administration of the Department of Transportation in an ex officio capacity; one member appointed by the Department of Transportation who shall serve as chairman; one member appointed by the State Treasurer; the director of the Department of Commerce in an ex officio capacity or the director's appointee; and one member appointed by the Governor. All appointed members shall serve two-year terms, terminable at the will of the appointing agency or officer. However, the initial appointees of the Department of Transportation shall serve an initial three-year term."
Amend title to conform.
Rep. YOUNG-BRICKELL explained the amendment.
Rep. LIMEHOUSE spoke against the amendment.
Rep. YOUNG-BRICKELL spoke in favor of the amendment.
Rep. LIMEHOUSE spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. MARCHBANKS moved to commit the Bill to the Ways and Means Committee.
Rep. YOUNG-BRICKELL moved to table the motion.
Rep. TRIPP demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Breeland Brown, H. Brown, J. Cain Cato Cave Cobb-Hunter Dantzler Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Hines, J. Hodges Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Loftis Mason McAbee McCraw McKay McMahand McTeer Meacham Neal Neilson Phillips Rice Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, R. Stille Stoddard Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Boan Chamblee Cromer Hines, M. Kinon Lee Marchbanks Moody-Lawrence Sheheen Spearman Stuart Tucker
So, the motion to table was agreed to.
Rep. LIMEHOUSE moved to table the amendment.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Breeland Brown, J. Cain Cave Chamblee Cromer Dantzler Easterday Felder Fleming Fulmer Hallman Harrell Hines, J. Hines, M. Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Knotts Lanford Law Lee Limbaugh Limehouse Marchbanks Mason McAbee McCraw McKay McMahand Moody-Lawrence Neilson Phillips Rice Riser Sharpe Sheheen Smith, R. Stille Stoddard Thomas Tripp Trotter Vaughn Waldrop Wells Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Witherspoon Wright Young
Those who voted in the negative are:
Boan Brown, H. Byrd Cato Cobb-Hunter Delleney Gamble Harris, J. Harrison Hodges Howard Kirsh Koon McTeer Meacham Neal Robinson Sandifer Seithel Shissias Simrill Spearman Stuart Townsend Tucker Walker Wofford Young-Brickell
So, the amendment was tabled.
Rep. ROBINSON raised the Point of Order that the Bill was out of order as there was no fiscal impact statement attached in compliance with Rule 5.13.
Rep. SHEHEEN stated that the rule had previously been interpreted that the word effect meant to require the expenditure of funds and the Bill did not require the expenditure of funds.
Rep. ROBINSON cited Section 9 on page 3 of the Bill, the definition section.
The SPEAKER overruled the Point of Order.
Rep. YOUNG-BRICKELL explained the Bill.
The SPEAKER granted Rep. HODGES a leave of absence for the remainder of the day.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3698CM.96), which was tabled.
Amend the bill, as and if amended, by striking Section 11-42-40, SECTION 1, page 5, and inserting:
/Section 11-42-40. The board of directors is the governing board of the bank. The board shall consist of five voting members as follows: the deputy director of Finance and Administration of the Department of Transportation in an ex officio capacity; one member appointed by the Department of Transportation who shall serve as chairman; one member appointed by the State Treasurer; the director of the Department of Commerce in an ex officio capacity or the director's appointee; and one member appointed by the Governor. All appointed members shall serve two-year terms, terminable at the will of the appointing agency or officer. However, the initial appointees of the Department of Transportation shall serve an initial three-year term."
Amend title to conform.
Rep. CATO moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill on second reading resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, H. Brown, J. Byrd Cain Cato Cave Chamblee Cobb-Hunter Cromer Dantzler Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Hines, J. Hines, M. Hutson Jennings Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mason McAbee McCraw McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Marchbanks
So, the Bill was read the second time and ordered to third reading.
Rep. HARRISON moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4982 -- Reps. Richardson and Keyserling: A CONCURRENT RESOLUTION CONGRATULATING MR. MARK BRYAN, MR. DEAN FELBER, MR. DARIUS RUCKER, AND MR. JIM "SONI" SONEFELD, ALL MEMBERS OF THE MUSICAL GROUP, HOOTIE AND THE BLOWFISH, FOR BRINGING RECOGNITION TO THE STATE OF SOUTH CAROLINA THROUGH THEIR EFFORTS AND SUCCESS AS PROFESSIONAL MUSICIANS.
H. 4983 -- Reps. Govan, Scott, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF EUGENE MONTGOMERY OF ORANGEBURG, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 5:00 P.M. the House in accordance with the motion of Rep. WALKER adjourned in memory of Walter S. Montgomery, Sr. of Spartanburg, to meet at 10:00 A.M. tomorrow.
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