of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996
H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
H. 3905 -- Reps. Wright, Quinn and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-45 SO AS TO PROVIDE A PROCEDURE FOR REIMBURSING A SCHOOL DISTRICT FOR COSTS TO THE DISTRICT OF EDUCATING A CHILD NOT A RESIDENT OF THE SCHOOL DISTRICT HE ATTENDS AND PROVIDE THAT ANY NONRESIDENT STUDENT OF A DISTRICT ENROLLED NO LATER THAN SEPTEMBER 9, 1996, IS NOT REQUIRED TO MEET CERTAIN CONDITIONS OF THIS SECTION.
H. 3909 -- Reps. Wright, Askins, Bailey, Gamble, Harvin, Herdklotz, Kirsh, Knotts, McCraw, Riser, Robinson, Simrill, Spearman and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING ARCHITECTURAL SERVICES, ENGINEERING SERVICES, LAND SURVEYOR SERVICES, OR LANDSCAPE ARCHITECTURAL SERVICES WHO IS RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE IN ANY ACTION BROUGHT PURSUANT TO SECTION 42-1-560 FOR INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS ON A CONSTRUCTION PROJECT FOR WHICH COMPENSATION IS RECOVERABLE UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, TO PROVIDE AN EXCEPTION, AND TO PROVIDE THAT THE IMMUNITY PROVIDED HEREIN DOES NOT APPLY TO THE NEGLIGENT PREPARATION OF DESIGN PLANS OR SPECIFICATIONS.
H. 3913 -- Reps. Easterday, Limbaugh, Herdklotz, Tripp, Bailey, Wilder, Simrill, Fair, Meacham, Stoddard, Jaskwhich, Wofford, A. Young, Rice, Vaughn, Law, Haskins, Cato, Mason and Kirsh: A BILL TO AMEND SECTION 44-55-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE STATE RECREATIONAL WATERS ACT, SO AS TO DEFINE "HOMEOWNERS ASSOCIATION"; AND TO AMEND SECTION 44-55-2340, RELATING TO SWIMMING POOL CONSTRUCTION AND OPERATION PERMITS, SO AS TO EXEMPT HOMEOWNERS' ASSOCIATIONS.
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 25 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA (MUSC) TO ENTER INTO LEASE, SALE, AND OTHER AGREEMENTS TO TRANSFER THE MANAGEMENT AND OPERATIONS OF THE MEDICAL UNIVERSITY HOSPITAL INCLUDING ITS LAND, FACILITIES, AND ASSETS TO ONE OR MORE PRIVATE OPERATORS UNDER CERTAIN TERMS AND CONDITIONS, TO DESCRIBE THE LAND, FACILITIES, AND ASSETS WHICH ARE THE SUBJECT OF THESE AGREEMENTS, AND TO PROVIDE THAT UNIVERSITY MEDICAL ASSOCIATES (UMA) IS A PUBLIC BODY FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT; TO REQUIRE THE PRIVATE OPERATOR, THE COLUMBIA/HCA HEALTHCARE CORPORATION (HCA), UPON APPROVAL OF THE SALE OR LEASE OF MUSC'S FACILITIES AND ASSETS, TO CREATE AN EMPLOYEE GRIEVANCE COMMITTEE FOR REVIEW OF ALL EMPLOYEE DISCIPLINARY ACTIONS AND TERMINATIONS BY HCA, AND TO PROVIDE THAT THE FINAL DECISION IN ANY GRIEVANCE INVOLVING A FORMER MUSC EMPLOYEE RESTS WITH THE BOARD OF DIRECTORS OF MUSC AND THAT THE FINAL DECISION IN GRIEVANCES INVOLVING HCA EMPLOYEES RESTS WITH THE OFFICIAL DESIGNATED BY HCA; TO REQUIRE THE BUDGET AND CONTROL BOARD TO CONSULT WITH THE SOUTH CAROLINA COMMISSION ON HIGHER EDUCATION BEFORE AUTHORIZING THESE TRANSACTIONS; TO PROHIBIT A CURRENT EMPLOYEE OF MUSC OR UMA FROM PERSONALLY PROFITING FROM ANY TRANSACTION AUTHORIZED HEREBY IF THAT PERSON PLAYED A SUBSTANTIAL ROLE IN THE NEGOTIATION PROCESS AND TO DEFINE THE TERM "SUBSTANTIAL ROLE" FOR THIS PURPOSE, TO PROVIDE THAT NO CONDITION OF ANY LEASE OR AGREEMENT SHALL RESTRICT MUSC EMPLOYEES TO SHARED PARTICIPATION WITH ONE COMPANY'S HEALTH CARE THIRD PARTY PROVIDERS, TO PROVIDE THAT AT THE TIME OF DEFAULT BY HCA OR AT THE END OF THE LEASE, MUSC SHALL NOT BE REQUIRED TO PURCHASE THE MEDICAL CENTER AS A GOING CONCERN BUT RATHER AT THE APPRAISED VALUE OF THE TANGIBLE ASSETS OWNED BY THE LESSEE AS PERSONAL PROPERTY INVENTORY; TO REQUIRE THE CONSENT OF THE MUSC BOARD OF TRUSTEES FOR ANY DISCONTINUATION OR TRANSFER OF ANY INPATIENT CLINICAL SERVICE OFFERED AT THE MEDICAL CENTER; TO PROVIDE THAT UMA AGREEMENTS WITH ITS SERVANTS, AGENTS, SUBSIDIARIES, AND PARTNERS ARE SUBJECT TO REVIEW AND APPROVAL BY THE MUSC BOARD OF TRUSTEES AND MAY NOT CONFLICT WITH THE TERMS AND CONDITIONS OF THE TRANSACTIONS AUTHORIZED HEREBY; TO REQUIRE MEMBERS OF THE GENERAL ASSEMBLY TO PAY CO-PAYMENTS OR DEDUCTIBLES FOR SERVICES RECEIVED AT A HOSPITAL FACILITY IN THIS STATE WHETHER OR NOT THE SERVICES ARE PROVIDED BY THE MUSC HOSPITAL; TO REQUIRE MUSC, UPON APPROVAL OF THESE TRANSACTIONS, TO MAINTAIN THE CURRENT LEVEL OF SERVICES OFFERED TO INDIGENT PATIENTS AT CHARLESTON MEMORIAL HOSPITAL UNLESS THE MUSC BOARD APPROVES OTHERWISE; AND TO REQUIRE ANY FINANCIAL OBLIGATIONS UNDER AGREEMENTS ENTERED INTO BY A SUBSIDIARY CORPORATION TO BE UNCONDITIONALLY GUARANTEED BY THE PARENT CORPORATION OF THE PURCHASER OR TENANT.
H. 3931 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 42-9-260, AS AMENDED, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 42-1-40, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.
H. 3954 -- Reps. A. Young, Knotts, Harrison, Chamblee, Haskins, Easterday, Bailey, Inabinett, Mason, Waldrop, Robinson, Witherspoon, Herdklotz, Littlejohn, Riser, Davenport and Vaughn: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT, SO AS TO FURTHER PROVIDE FOR SPECIFIC FINDINGS THE COURT MUST MAKE IN ALLOWING A NONRESIDENT TO ADOPT A CHILD IN SOUTH CAROLINA AND TO CORRECT INTERNAL REFERENCES; AND TO AMEND SECTION 20-7-1700, AS AMENDED, RELATING TO CONSENT AND RELINQUISHMENT FOR THE PURPOSE OF ADOPTION, SO AS TO REQUIRE CONSENT AND RELINQUISHMENT TO BE GIVEN AFTER THE BIRTH OF AN ADOPTEE.
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 CHAPTER 19, AS AMENDED, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR THE MANNER IN WHICH JUSTICES AND JUDGES OF THE COURTS OF THIS STATE, INCLUDING ADMINISTRATIVE LAW JUDGES, WHO ARE ELECTED BY THE GENERAL ASSEMBLY SHALL BE SELECTED INCLUDING THE ESTABLISHMENT OF A JUDICIAL MERIT SELECTION COMMISSION, TO ESTABLISH THE MEMBERSHIP, POWERS, DUTIES, FUNCTIONS, AND PROCEDURES OF THE COMMISSION, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL NOT ELECT A PERSON TO THESE JUDICIAL OFFICES WHO HAS NOT BEEN NOMINATED BY THE COMMISSION, TO PROVIDE THAT NO MEMBER OF THE GENERAL ASSEMBLY OR THE COMMISSION MAY BE ELECTED TO THESE JUDICIAL OFFICES WHILE HE IS SERVING IN THE GENERAL ASSEMBLY OR ON THE COMMISSION AND FOR A CERTAIN PERIOD THEREAFTER, TO RESTRICT OR REGULATE CERTAIN ACTIVITIES OF MEMBERS, FORMER MEMBERS, AND OTHERS IN REGARD TO JUDICIAL ELECTIONS, INCLUDING A PROHIBITION AGAINST TRADING VOTE PLEDGES AND TO PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE THAT THE COMMISSION SHALL ESTABLISH PROCEDURES TO REVIEW THE QUALIFICATIONS OF RETIRED JUSTICES AND JUDGES FOR CONTINUED JUDICIAL SERVICE AFTER RETIREMENT, TO PROVIDE THAT THE COMMISSION SHALL ESTABLISH PROCEDURES TO REVIEW THE QUALIFICATIONS OF MASTERS-IN-EQUITY APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO PROVIDE THAT IF A NOMINEE IS FOUND NOT QUALIFIED, THE GOVERNOR SHALL SUBMIT ANOTHER NOMINEE; TO AMEND TITLE 2 OF THE 1976 CODE, RELATING TO THE ADMINISTRATION OF GOVERNMENT AND THE GENERAL ASSEMBLY, BY ADDING CHAPTER 20 SO AS TO PROVIDE FOR SCREENING PROCEDURES AND CERTAIN OTHER ELECTION PROCEDURES FOR NONJUDICIAL OFFICES FILLED BY ELECTION OF THE GENERAL ASSEMBLY; TO AMEND SECTION 20-7-1370, AS AMENDED, RELATING TO QUALIFICATIONS OF FAMILY COURT JUDGES, SO AS TO REVISE THE AGE QUALIFICATIONS, THE TIME THEY MUST HAVE BEEN A LICENSED ATTORNEY AT LAW, AND TO PROVIDE FOR THE MANNER IN WHICH THESE PROVISIONS SHALL APPLY WITH REGARD TO CURRENT FAMILY COURT JUDGES; TO AMEND SECTION 14-1-215, AS AMENDED, RELATING TO RETIRED JUSTICES OR JUDGES BEING ASSIGNED BY THE CHIEF JUSTICE TO SERVE IN SPECIFIED COURTS, SO AS TO PROVIDE THAT THESE RETIRED JUSTICES OR JUDGES MUST HAVE BEEN REVIEWED BY THE JUDICIAL MERIT SELECTION COMMISSION AND FOUND QUALIFIED TO SERVE WITH CERTAIN EXCEPTIONS; TO AMEND SECTION 14-11-20, AS AMENDED, RELATING TO THE APPOINTMENT OF MASTERS-IN-EQUITY BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, SO AS TO REVISE THE AGE QUALIFICATIONS OF MASTERS-IN-EQUITY, THE TIME THEY MUST HAVE BEEN A LICENSED ATTORNEY AT LAW, AND REQUIRE THEM TO BE FOUND QUALIFIED BY THE COMMISSION, TO PROVIDE FOR TRANSITION PROVISIONS IN REGARD TO THE ABOVE INCLUDING THE IMMEDIATE DEVOLVEMENT OF THE RESPONSIBILITIES OF THE JOINT COMMITTEE TO REVIEW JUDICIAL CANDIDATES UPON THE COMMISSION, TO PROVIDE THAT THE REVISIONS TO CHAPTER 19, TITLE 2, THE ADDITION OF CHAPTER 20, TITLE 2, AND THE ESTABLISHMENT OF THE JUDICIAL MERIT SELECTION COMMISSION ARE CONTINGENT UPON THE RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE AUTHORIZING THE ESTABLISHMENT OF THE COMMISSION TO ASSIST THE GENERAL ASSEMBLY IN THE ELECTION OF SUPREME COURT JUSTICES, JUDGES OF THE COURT OF APPEALS AND CIRCUIT COURT, AND JUDGES OF OTHER COURTS OF THIS STATE WHO ARE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THE AMENDMENTS TO SECTION 20-7-1370, RELATING TO THE QUALIFICATIONS OF FAMILY COURT JUDGES ARE CONTINGENT UPON RATIFICATION OF AN AMENDMENT TO SECTION 15, ARTICLE V OF THE CONSTITUTION OF THIS STATE PROVIDING FOR A THIRTY-TWO YEAR-OLD AGE REQUIREMENT AND AN EIGHT-YEAR REQUIREMENT AS A LICENSED ATTORNEY AT LAW FOR SUPREME COURT JUSTICES AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT.
H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE V, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS FOR JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT, SO AS TO INCREASE FROM TWENTY-SIX TO THIRTY-TWO THE AGE REQUIREMENT FOR ELECTION TO THESE OFFICES, TO INCREASE FROM FIVE TO EIGHT THE NUMBER OF YEARS WHICH A PERSON MUST HAVE BEEN A LICENSED ATTORNEY AT LAW IN ORDER TO BE ELIGIBLE FOR ELECTION TO THESE OFFICES, AND TO PROVIDE THAT ANY JUSTICE OR JUDGE SERVING IN OFFICE ON THE EFFECTIVE DATE OF THE PROVISIONS OF THIS SECTION REQUIRING A JUSTICE OR JUDGE TO BE THIRTY-TWO YEARS OF AGE AND TO HAVE EIGHT YEARS OF SERVICE AS A LICENSED ATTORNEY AT LAW WHO IS NOT OF THAT AGE OR WHO HAS NOT BEEN LICENSED FOR THIS REQUIRED PERIOD OF TIME MAY CONTINUE TO SERVE FOR THE REMAINDER OF HIS THEN CURRENT TERM AND IS CONSIDERED TO HAVE THE REQUISITE AGE AND YEARS OF SERVICE AS A LICENSED ATTORNEY FOR PURPOSES OF FUTURE RE-ELECTIONS TO THAT JUDICIAL OFFICE, AND PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION, RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A JUDICIAL MERIT SELECTION COMMISSION TO CONSIDER THE QUALIFICATIONS AND FITNESS OF CANDIDATES FOR JUDICIAL POSITIONS ON THE COURTS OF THIS STATE WHICH ARE FILLED BY ELECTION OF THE GENERAL ASSEMBLY, TO PROVIDE THAT NO PERSON MAY BE ELECTED TO THESE JUDICIAL POSITIONS UNLESS HE OR SHE HAS BEEN FOUND QUALIFIED BY THE COMMISSION AND THAT THE GENERAL ASSEMBLY MUST ELECT THESE JUSTICES AND JUDGES FROM AMONG THE NOMINEES OF THE COMMISSION, TO PROVIDE THAT BEFORE A SITTING MEMBER OF THE GENERAL ASSEMBLY MAY SUBMIT AN APPLICATION WITH THE COMMISSION AND BEFORE IT MAY ACCEPT OR CONSIDER IT, THE MEMBER OF THE GENERAL ASSEMBLY MUST FIRST RESIGN HIS OFFICE AND HAVE BEEN OUT OF OFFICE FOR A PERIOD ESTABLISHED BY LAW, AND TO PROVIDE THAT BEFORE A MEMBER OF THE COMMISSION MAY SUBMIT AN APPLICATION AND BEFORE THE COMMISSION MAY ACCEPT OR CONSIDER IT, THAT PERSON MUST NOT HAVE BEEN A MEMBER OF THE COMMISSION FOR A PERIOD ESTABLISHED BY LAW.
H. 3968 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO RELOCATABLE CLASSROOMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1765, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3985 -- Reps. Richardson, Bailey, Simrill, Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE RATES, RATE-MAKING, AND RATE FILING AND NOTICE OF HEARING AS A PREREQUISITE TO THE GRANTING OF A RATE INCREASE AND EXCEPTIONS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO PROVIDE, AMONG OTHER THINGS, THAT THE NOTICE SHALL STATE THE AMOUNT OF INCREASE, THE TYPE AND LINE OF COVERAGE, AND THE PROPOSED EFFECTIVE DATE AND SHALL ALLOW ANY INSURED OR AFFECTED PARTY TO REQUEST WITHIN FIFTEEN DAYS A PUBLIC HEARING UPON THE PROPRIETY OF THE RATE INCREASE REQUEST BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION.
H. 3987 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE THAT THE FEES APPLY TO THE GROSS VEHICLE WEIGHT, TO REVISE THE FEES, AND TO PROVIDE THAT THIS PROVISION DOES NOT EXEMPT FARM VEHICLES FROM CERTAIN GROSS WEIGHT-AXLE REQUIREMENTS.
H. 3992 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO REQUIRE CERTAIN COURT PAPERS TO BE SERVED WITHOUT A FEE BEING CHARGED AND AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.
H. 4012 -- Reps. Townsend, Trotter and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST PRODUCT HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING AND LICENSING VEHICLES, SO AS TO EXEMPT CERTAIN KNUCKLEBOOM LOADERS FROM REGISTRATION AND LICENSING; TO AMEND SECTION 56-5-765, AS AMENDED, RELATING TO THE INVESTIGATION OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OF A LAW ENFORCEMENT AGENCY OR THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REVISE THE TYPE OF COLLISIONS THAT MAY BE INVESTIGATED AND TO PROVIDE PENALTIES; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO REVISE RESTRICTIONS TO THE HOURS CERTAIN VEHICLES CAN TRAVEL ON THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-4630, RELATING TO THE ATTACHMENT OF A LAMP OR FLAG ON LOADS EXTENDING CERTAIN LENGTHS BEYOND THE BED OR BODY OF A MOTOR VEHICLE, SO AS TO REVISE THE DIMENSIONS OF THE FLAG THAT MUST BE ATTACHED TO THE LOAD; TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO REVISE THE EXEMPTION OF TRANSPORTATION OF CERTAIN ITEMS FROM COMMISSION REGULATION; BY ADDING SECTION 56-3-7860 SO AS TO PROVIDE FOR SHRINERS LICENSE PLATES; TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO STUDY TOLLS ON FEDERAL HIGHWAYS; AND TO AMEND SECTION 56-3-1820, AS AMENDED, RELATING TO NATIONAL GUARD LICENSE PLATES, SO AS TO REVISE THE BIENNIAL FEE.
H. 4020 -- Rep. Marchbanks: A BILL TO AMEND ACT 456 OF 1961, AS AMENDED, RELATING TO THE ISSUANCE OF BONDS BY CLEMSON UNIVERSITY FOR STUDENT AND FACULTY HOUSING FACILITIES, SO AS TO INCREASE FROM FORTY TO FORTY-FIVE MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS AND TO EXTEND THE CAPITALIZED INTEREST PERIOD FROM ONE TO TWO YEARS.
H. 4033 -- Reps. Wilkins, Witherspoon and Sharpe: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE PROVISIONS FOR EMPLOYMENT BASED ON COUNTY OF RESIDENCE.
H. 4037 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ADD, UNDER CERTAIN CONDITIONS, FORMER MUNICIPAL AND COUNTY COUNCIL MEMBERS WHO SERVED AT LEAST TWELVE YEARS AND TO REQUIRE THESE MEMBERS TO PAY THE EMPLOYER AND EMPLOYEE CONTRIBUTIONS UNDER THE PLAN.
H. 4043 -- Reps. Simrill and Elliott: A JOINT RESOLUTION TO EXTEND THE EFFECTIVE DATE OF SECTIONS 3 AND 4 OF ACT 463 OF 1994, RELATING TO HOME AND COMMERCIAL INSPECTORS.
H. 4049 -- Reps. Bailey and Wright: A BILL TO AMEND CHAPTER 49, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROFESSIONAL OCCUPATIONS OF PLUMBERS AND PLUMBING, SO AS TO ESTABLISH A MECHANICAL CONTRACTORS BOARD AND PROVIDE FOR DUTIES OF THE BOARD; TO AMEND SECTION 40-73-15, AS AMENDED, RELATING TO THE PROFESSIONS AND OCCUPATIONS TO BE ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO ADD MECHANICAL CONTRACTORS; TO AMEND SECTION 40-59-15, AS AMENDED, RELATING TO RESIDENTIAL SPECIALTY CONTRACTORS, SO AS TO DELETE PLUMBERS, ELECTRICIANS, AND HEATING AND AIR CONDITIONING INSTALLERS AND REPAIRERS FROM THE LIST OF PROFESSIONAL OCCUPATIONS TO WHICH THE TERM "RESIDENTIAL SPECIALTY CONTRACTOR" IS LIMITED; AND TO AMEND CHAPTER 11, TITLE 40 RELATING TO CONTRACTORS, SO AS TO DELETE REFERENCES TO "MECHANICAL CONTRACTORS" AND PLUMBING, ELECTRICAL, OR HEATING AND AIR CONDITIONING CONTRACTORS.
H. 4050 -- Reps. Govan, Neal, Howard, Moody-Lawrence and Spearman: A BILL TO AMEND TITLE 44, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 23 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES, AND TO CREATE AN ADVISORY COUNCIL TO THE PROGRAM.
H. 4054 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION LAW APPLIES TO AND INCLUDES ALL PARTICIPANTS IN THE TECH PREP OR OTHER STRUCTURED SCHOOL TO WORK PROGRAMS; AND TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO WORKERS' COMPENSATION AND THE DESIGNATION OF THE AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO MAKE CHANGES IN THE PROVISIONS REGARDING THE AVERAGE WEEKLY WAGE FOR STUDENTS OF HIGH SCHOOLS, STATE TECHNICAL SCHOOLS, AND STATE-SUPPORTED COLLEGES AND UNIVERSITIES WHILE ENGAGED IN CERTAIN ACTIVITIES.
H. 4064 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MANUFACTURED HOME CONTRACTOR", "MANUFACTURED HOME INSTALLER", AND "MANUFACTURED HOME REPAIRER"; TO AMEND SECTION 40-29-30, RELATING TO THE MANUFACTURED HOUSING BOARD, SO AS TO INCREASE THE COMPOSITION BY ONE BY ADDING A MANUFACTURED HOME CONTRACTOR, INSTALLER, OR REPAIRER; TO AMEND SECTION 40-29-100, AS AMENDED, RELATING TO LICENSES TO SELL MANUFACTURED HOMES, SO AS TO PROHIBIT MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS FROM ENGAGING IN THEIR TRADE WITHOUT BEING LICENSED AND TO FURTHER PROVIDE FOR SUCH LICENSURE; TO AMEND SECTION 40-29-110, AS AMENDED, RELATING TO EXAMINATION REQUIREMENTS FOR LICENSURE, SO AS TO REQUIRE TRAINING FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS; TO AMEND SECTION 40-29-120, RELATING TO SECURITY REQUIREMENTS FOR LICENSEES, SO AS TO SET A BOND AMOUNT FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS AND TO FURTHER PROVIDE FOR INCREASING SUCH BOND IF VIOLATIONS OCCUR; TO AMEND SECTION 40-29-130, RELATING TO INDEMNIFICATION REQUIREMENTS FROM SECURITY, SO AS TO INCLUDE PROVISIONS RELATIVE TO MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS; TO AMEND SECTION 40-29-150, RELATING TO GROUNDS FOR SUSPENSION OR REVOCATION OF LICENSES, SO AS TO INCLUDE PROVISIONS RELATIVE TO MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS; TO AMEND SECTION 40-29-160, AS AMENDED, RELATING TO PENALTIES FOR SELLING MANUFACTURED HOMES WITHOUT A LICENSE, SO AS TO EXPAND ACTIVITIES SUBJECT TO PENALTIES TO INCLUDE ENGAGING IN ANY ACTIVITY REQUIRING A LICENSE WITHOUT HAVING A LICENSE; TO AMEND SECTION 40-29-170, RELATING TO WARRANTY REQUIREMENTS FOR MANUFACTURED HOMES, SO AS TO INCLUDE WARRANTY PROVISIONS FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS; TO ADD SECTION 57-3-175 SO AS TO REQUIRE MOVING A NEW MOBILE HOME ON HIGHWAYS TEN MILES BELOW THE POSTED SPEED LIMIT; TO AMEND SECTION 40-29-40, RELATING TO STATE POLICY FOR SAFETY IN CONSTRUCTION OF MANUFACTURED HOMES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO MANUFACTURED HOMES AND MOBILE HOMES; AND TO AMEND SECTION 40-29-100, AS AMENDED, RELATING TO LICENSURE TO SELL MANUFACTURED HOMES, SO AS TO PROVIDE THAT GROUNDS FOR DENYING A LICENSE INCLUDE CRIMINAL CONDUCT AND CERTAIN VIOLATIONS OF CHAPTER 29, TITLE 40.
H. 4078 -- Reps. Kelley, Keyserling, Thomas, Martin, Riser, Wilkes, Worley, Keegan, J. Young and T. Brown: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE BY ADDING CHAPTER 18 SO AS TO REGULATE PRACTICES AND AGREEMENTS CONCERNING THE LICENSING OF COPYRIGHTED NONDRAMATIC MUSICAL WORKS, TO AUTHORIZE CERTAIN CIVIL REMEDIES FOR VIOLATIONS INCLUDING INJUNCTIVE RELIEF AND PETITION FOR TERMINATION OF CONTRACT, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
H. 4100 -- Rep. Thomas: A BILL TO AMEND SECTION 44-55-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY TO COLLECT AND DISPOSE OF SOLID WASTE AND LEVY A SERVICE CHARGE FOR COLLECTION SERVICES, SO AS TO ADD THE AUTHORITY TO LEVY A SERVICE CHARGE FOR DISPOSAL OF SOLID WASTE, AND PROVIDE A PROCEDURE FOR COLLECTING A DELINQUENT SERVICE CHARGE.
H. 4101 -- Reps. Witherspoon and Riser: A BILL TO AMEND SECTION 46-17-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE AGRICULTURAL COMMODITIES MARKETING ACT, SO AS TO DELETE THE PROVISION EXEMPTING TOBACCO FROM THE DEFINITION OF AN "AGRICULTURAL COMMODITY".
H. 4112 -- Reps. Hutson, Chamblee, Limehouse, Stoddard, Wright, Seithel, Cromer, Thomas, Quinn, Witherspoon, Stille, Shissias, Wofford, Hallman, Riser, Harrell, Cato, Haskins, Fulmer, Dantzler, Vaughn, Fleming, Knotts, H. Brown and J. Harris: A BILL TO AMEND SECTION 56-5-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TABULATION, ANALYSIS, AND PUBLICATION OF STATISTICAL INFORMATION REGARDING ACCIDENT REPORTS, SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO COMPILE THIS INFORMATION FOR EACH ONE HUNDRED METER STRETCH OF HIGHWAY WHERE TWO OR MORE TRAFFIC ACCIDENTS HAVE OCCURRED, AND TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO USE THIS INFORMATION TO DEVELOP, IMPLEMENT, AND SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY AN ANNUAL PLAN TO IMPROVE SAFETY CONDITIONS ALONG THESE SEGMENTS OF HIGHWAY.
H. 4136 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL, AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT; AND BY ADDING SECTION 44-29-240 SO AS TO PROVIDE THAT A PERSON ON WHOM AN INVASIVE PROCEDURE IS TO BE PERFORMED IS ENCOURAGED TO KNOW OR TO HAVE HIS BLOOD TESTED TO DETERMINE HIS HIV STATUS AND TO DISCLOSE THIS STATUS TO THE HEALTH PROFESSIONALS RENDERING CARE.
H. 4156 -- Reps. Marchbanks, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, J. Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE HONORABLE PHILIP H. PRINCE FOR HIS EXEMPLARY DISTINGUISHED SERVICE AS THE PRESIDENT OF CLEMSON UNIVERSITY.
Last Updated: Monday, June 29, 2009 at 1:45 P.M.