Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal God, without Whose guidance our wisdom is but folly, we pray that Your leadership may be clearly seen and followed by us always. Keep us in serenity and confidence, as our minds are stayed on Your teachings. May we guard our words with understanding charity. Spare us from ingratitude and pettiness, and from turning cowardice in the day of battle. We thank You for lessons learned on the road of life: we are warned by mistakes, encouraged by success, and enriched by experiences of joy and sadness.
Grant us Your continual blessings as we face the duties of today and the challenges of tomorrow. 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 Friday, the SPEAKER ordered it confirmed.
Rep. YOUNG moved that when the House adjourns, it adjourn in memory of Alexander Brody of Sumter, which was agreed to.
On motion of Rep. QUINN, with unanimous consent, the following were taken up for immediate consideration and accepted:
February 11, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The purpose of this letter is to simply confirm the invitation from the South Carolina Textile Manufacturers Association/South Carolina Manufacturers Alliance to members and staff of the South Carolina House of Representatives to a reception on Tuesday, March 11, 1997, at The Clarion Town House Hotel from 6 - 8 P.M. The Association/Alliance Board of Directors and a number of chief executive officers, as well as members of our Legislation Committee will also be in attendance.
The Association/Alliance is a lobbyist principal organization and this event is in compliance with the State Ethics Act of 1991. We look forward to members of the House and Senate joining our associates for this event. Should you need additional information, please do not hesitate to contact us.
Cordially,
James R. Morris, Jr.
Executive Vice President
June 10, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the South Carolina Association of Realtors, we would like to extend an invitation to the House of Representatives to attend a luncheon reception at our annual Capitol Conference. The reception is held in honor of the members of the General Assembly. It is sponsored by the Realtors Political Action Committee and will be held on March 12, 1997, from 12:45 P.M. to 2:30 P.M. at the Adam's Mark Hotel.
Capitol Conference 1997 is a one-day event where Realtors from across the State attend to become aware of the legislative process and visit the General Assembly. The reception is an excellent opportunity for House Members to meet their Realtor constituents.
Our Association would be honored if the House Members would join us March 12, 1997. We look forward to hearing from you.
Sincerely,
Robert A. Galiano, CRB, GRI
President
Milton Shockley, CRS, GRI
RPAC Chairman
September 19, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Society of Professional Engineers and the Consulting Engineers of South Carolina were pleased to honor the members of the South Carolina General Assembly on the evening of January 10, 1996, with a reception held at the Columbia Museum of Art from 6:00 to 8:00 P.M.
This event was a pleasant affair and an excellent way to begin the legislative session for the legislators as well as the members of the two engineering societies. For this reason, we would like to request the date of Wednesday, March 12, 1997, from 6:00 to 8:00 P.M. on next year's legislative Calendar. Please consider this letter as the request for that date and notify this office whether or not it is acceptable.
Thank you for the opportunity the Invitations Committee affords the professional societies and the general public for meeting with the Senators and Representatives to express their concerns.
Sincerely,
Consulting Engineers of South Carolina
South Carolina Society of Professional Engineers
Jean C. Davis
Account Executive
July 11, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of The Society of the Plastics Industry, Inc. (SPI) its South Carolina members, and other state plastics processors, thank you for allowing us the privilege to put on our annual legislative reception. This will be the eighth anniversary of the reception and our industry looks forward again to the opportunity to discuss with your members the issues that are important to it to keep it thriving in the State of South Carolina.
I can now confirm to you that the reception will be held, as is usual, at The Stadium Place in Columbia, Tuesday, March 18, 1997, from 6:00 P.M. until 8:00 P.M.
We look forward to a pleasant evening that is beneficial to all participants. If you have any questions, or require additional information please do not hesitate to call.
Respectfully yours,
Richard A. Sturgis
Southern Regional Manager
October 30, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
As the Head of the Legislative Committee of the Association of Public Library Administrators (APLA), I would like to request that APLA's invitation to the South Carolina Public Library Legislative Day Luncheon be placed on the House Calendar with the following particulars: it will occur on March 19, 1997, from 12:30 to 2:00 P.M., in the Ballroom of the Holiday Inn-Coliseum Hotel at 630 Assembly Street in Columbia.
If I may supply you with further information, please contact me at (803) 546-2521 or at the Georgetown County Public Library System, 405 Cleland Street, Georgetown, S.C. 29440.
Thank you for your help in this matter.
Sincerely yours,
Dwight McInvaill, Library Director
January 22, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the members of the South Carolina Summary Court Judges Association it is my pleasure to cordially invite all members of the South Carolina House of Representatives and its Officers to a reception honoring the members of the South Carolina General Assembly's One Hundred and Thirteenth Session. The pleasure of their company is requested at Seawell's Restaurant, inside the South Carolina State Fairgrounds, in Columbia, South Carolina, on March 19th, 1997, commencing at six o'clock P.M.
Sincerely,
William H. Womble, Jr., President
January 13, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina AFL-CIO would like to invite the Members and Staff of the House to a reception on Tuesday, March 25, 1997.
The reception will be held at The Clarion Town House, 1615 Gervais St., Columbia, S.C., from 6:00 P.M. to 8:00 P.M.
Thank you and we look forward to hearing from you.
Sincerely,
Jerry McDaniel, Secretary-Treasurer
February 10, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
For thirty-eight years now a group of men from the Columbia area have sponsored the South Carolina State Prayer Breakfast. The purpose of this breakfast is to meet and pray for state and national leaders. This year it will be held on March 26, 1997, at 7:30 A.M. at the Embassy Suites Hotel in Columbia.
We respectfully request that this event be placed on the Calendar for the House of Representatives. Each Representative will receive a personal invitation at a later date.
Your cooperation with and participation in this event is much appreciated.
Sincerely,
C. Tommy Young, Chairman
South Carolina Prayer Breakfast Committee
The following were received and referred to the appropriate committees for consideration.
Document No. 2143
Promulgated By Department of Labor, Licensing and Regulation - Division of Labor
Statutory Authority: 1976 Code Section 41-13-20
Child Labor
Received By Speaker February 13, 1997
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date June 13, 1997
Document No. 2152
Promulgated By Department of Labor, Licensing and Regulation - Contractors' Licensing Board
Statutory Authority: 1976 Code Section 41-11-130, 40-11-170
Application for License; Examination
Received By Speaker February 13, 1997
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date June 13, 1997
(Subject to Sine Die Revision)
Document No. 2153
Promulgated By Department of Labor, Licensing and Regulation - Contractors' Licensing Board
Statutory Authority: 1976 Code Section 41-11-40, 40-11-170
Specialty Contractors
Received By Speaker February 13, 1997
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date June 13, 1997
(Subject to Sine Die Revision)
Document No. 2157
Promulgated By Department of Labor, Licensing and Regulation - Residential Builders Commission
Statutory Authority: 1976 Code Section 40-59-10
Licensing of Residential Builders
Received By Speaker February 13, 1997
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date June 13, 1997
(Subject to Sine Die Revision)
Document No. 2141
Promulgated By Department of Labor, Licensing and Regulation - Board of Accountancy
Statutory Authority: 1976 Code Section 40-2-140
Licensing and Practice of Public Accountants and Certified Public Accountants
Received By Speaker February 13, 1997
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date June 13, 1997
Document No. 2155
Promulgated By Department of Labor, Licensing and Regulation - Division of Labor
Statutory Authority: 1976 Code Section 41-18-120
Amusement Rides
Received By Speaker February 13, 1997
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date June 13, 1997
(Subject to Sine Die Revision)
Document No. 2154
Promulgated By Department of Labor, Licensing and Regulation - Board of Dentistry
Statutory Authority: 1976 Code Section 40-15-105
Expanded Duty Dental Assistants - Monitor Nitrous Oxide Anesthesia
Received By Speaker February 13, 1997
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date June 13, 1997
(Subject to Sine Die Revision)
Document No. 2156
Promulgated By Department of Labor, Licensing and Regulation - Occupational Health and Safety Review Board
Statutory Authority: 1976 Code Section 41-15-610
Procedures for Making Written Motions, Petitions, and Applications to the Board
Received By Speaker February 13, 1997
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date June 13, 1997
(Subject to Sine Die Revision)
Document No. 2142
Promulgated By Department of Labor, Licensing and Regulation - Board of Long Term Health Care Administrators
Statutory Authority: 1976 Code Section 40-35-10, 40-35-136
Administrator-in-Training Program
Received By Speaker February 13, 1997
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date June 13, 1997
On motion of Rep. MEACHAM, with unanimous consent, the following was taken up for immediate consideration:
H. 3456 -- Rep. Meacham: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FORT MILL HIGH SCHOOL MARCHING BAND, DIRECTOR, ASSISTANTS, AND OTHER SCHOOL OFFICIALS ON THURSDAY, FEBRUARY 20, 1997, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1996-97 SOUTH CAROLINA AAA STATE MARCHING BAND CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Fort Mill High School Marching Band, Director, Assistants, and other school officials on Thursday, February 20, 1997, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1996-97 South Carolina AAA State Marching Band Championship.
The Resolution was adopted.
The following was introduced:
H. 3457 -- Reps. Howard, J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF EDWIN JULIUS ZOBEL, JR., OF RICHLAND COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Whereas, the members of the General Assembly are deeply saddened to learn of the death of Mr. Edwin Julius Zobel, Jr., of Richland County, on Friday, January 24, 1997, at the age of ninety-one; and
Whereas, he was born in Columbia, South Carolina, to the late Edwin Julius and Edna Hyatt Zobel; and
Whereas, Edwin J. Zobel, Jr., attended Hyatt Park High School, Carlisle Military Academy, and the University of South Carolina, where he was a USC Letterman, and star football player in the late twenties; and
Whereas, Mr. Zobel was an outstanding golfer and was the Columbia City Golf Champion in 1932-33; was a charter member of the Kappa Sigma Fraternity; a charter member of the Masonic Lodge, Columbia 326; and was a member of College Place United Methodist Church where he served as Sunday School Superintendent and Church Treasurer; and
Whereas, he was employed by the South Carolina Employment Security Commission and retired after thirty-five years of dedicated public service; and
Whereas, Mr. Zobel was predeceased by his wife of fifty-six years, Audrey Pendergrass Zobel, and is survived by his son and daughter-in-law, Ed and Lee Zobel; his daughter and son-in-law, Edna and Billy Ratcliff; grandsons, Jay and Steve Zobel; granddaughters, Laura LaPierre and Sharon Ratcliff; and great grandchildren, Josh Zobel and Kendall LaPierre; and
Whereas, he was a dynamic individual who possessed boundless energy, and he was deeply committed to his family and his church; and
Whereas, this individual was known and loved for his patience, compassion, and kindness to others and never hesitated to help anyone in need; and
Whereas, the General Assembly of the State of South Carolina want the members of his family and many friends to know that they are uppermost in our thoughts and prayers during this difficult time. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express profound sorrow upon the death of Edwin Julius Zobel, Jr., of Richland County, and extend their deepest sympathy to his family and many friends.
Be it further resolved that copies of this resolution be forwarded to Edwin J. Zobel III and to Edna Z. Ratcliff.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3458 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE FORT MILL HIGH SCHOOL MARCHING BAND UPON WINNING THE 1996-97 SOUTH CAROLINA AAA STATE MARCHING BAND CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 379 -- Senators Leventis, Wilson, Hayes, Lander, McConnell, Ford, Mescher, Passailaigue, Ravenel, Rose, Washington and Williams: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO AMEND THE LAWS, PARTICULARLY SECTION 107 OF TITLE 32 OF THE UNITED STATES CODE, TO BROADEN THE PURPOSES FOR WHICH THE SECRETARIES OF THE ACTIVE COMPONENTS, THROUGH THE NATIONAL GUARD BUREAU, ARE AUTHORIZED TO CONTRIBUTE FEDERAL FUNDS TO A STATE OR TERRITORY, PUERTO RICO, OR THE DISTRICT OF COLUMBIA TO SUPPORT ACTIVITIES ASSOCIATED WITH THE AFFAIRS OF THE ACTIVE COMPONENTS IF THE SECRETARY CONCERNED AND THE CHIEF OF THE NATIONAL GUARD BUREAU AGREE TO DELEGATE RESPONSIBILITY FOR EXECUTING THOSE FUNCTIONS TO THE NATIONAL GUARD.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3459 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP PROGRAM ELECTRONIC BENEFITS TRANSFER, DESIGNATED AS REGULATION DOCUMENT NUMBER 2101, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3460 -- Rep. Simrill: A BILL TO AMEND SECTION 56-5-1860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON OVERTAKING ANOTHER VEHICLE ON THE LEFT, SO AS TO PROVIDE THAT A VEHICLE ATTEMPTING TO OVERTAKE OR PASS ANOTHER VEHICLE MUST YIELD THE RIGHT-OF-WAY TO A VEHICLE ATTEMPTING TO MOVE TO THE LEFT THAT HAS GIVEN THE APPROPRIATE SIGNALS AS CONTAINED IN SECTION 56-5-2150.
Referred to Committee on Education and Public Works.
H. 3461 -- Reps. McMahand, F. Smith, Sheheen, Allison, Breeland, Spearman, Littlejohn, Lee, Stoddard and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-545 SO AS TO AUTHORIZE PARENTS AND OTHER ADULT SCHOOL VOLUNTEERS TO RIDE SCHOOL BUSES ON A SPACE AVAILABLE BASIS IN CONJUNCTION WITH THEIR VOLUNTEER SCHOOL ACTIVITIES UNDER CERTAIN CONDITIONS.
Referred to Committee on Education and Public Works.
H. 3462 -- Rep. Davenport: A BILL TO AMEND SECTION 39-19-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZED CHARGES AND COMMISSIONS FOR HANDLING AND SELLING LEAF TOBACCO, SO AS TO PROVIDE TWO OPTIONAL METHODS FOR DETERMINING THESE CHARGES AND COMMISSIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3463 -- Reps. McMahand, F. Smith, Lee, M. Hines, Mack, T. Brown, Maddox and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-440 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR BY A NONPROFIT ORGANIZATION AND TO ALLOW PARTICIPANTS TO EARN CREDITS TOWARD A REDUCTION IN SENTENCE.
Referred to Committee on Judiciary.
H. 3464 -- Reps. McMahand, F. Smith, Lee, M. Hines, Mack and Hamilton: A BILL TO AMEND SECTION 44-53-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE PROCEDURES, THE DISPOSITION OF FORFEITED ITEMS, AND THE DISPOSITION OF PROCEEDS OF SALES OF REAL OR PERSONAL PROPERTY CONFISCATED PURSUANT TO THE SEIZURE OF CONTROLLED SUBSTANCES, SO AS TO MODIFY THE DISTRIBUTION OF PROCEEDS FROM THE SALE OF PROPERTY FORFEITED, TO PROVIDE FOR THE COMPENSATION OF PERSONS PROVIDING INFORMATION LEADING TO THE FORFEITURE OF PROPERTY, AND TO PROVIDE FUNDS TO ESTABLISH AND OPERATE SUBSTANCE ABUSE FACILITIES.
Referred to Committee on Judiciary.
H. 3465 -- Reps. Hodges and Harrell: A BILL TO AMEND SECTION 9-1-1770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRERETIREMENT DEATH BENEFITS FOR A STATE EMPLOYEE, SO AS TO PROVIDE FOR A FIFTY PERCENT DEATH BENEFIT TO ELIGIBLE SURVIVORS WHEN THE EMPLOYEE DIES A VIOLENT DEATH WHILE PERFORMING STATE DUTIES; TO AMEND SECTION 9-1-1680, AS AMENDED, RELATING TO EXEMPTION OF STATE RETIREMENT BENEFITS FROM CERTAIN TAX LIABILITY, SO AS TO PROVIDE FOR THE NONTAXABILITY OF THE PRERETIREMENT DEATH BENEFITS PAYABLE TO ELIGIBLE SURVIVORS OF A STATE EMPLOYEE WHO DIES A VIOLENT DEATH WHILE PERFORMING STATE DUTIES; AND TO AMEND SECTION 59-111-110, RELATING TO TUITION WAIVERS FOR CHILDREN OF CERTAIN STATE EMPLOYEES, SO AS TO INCLUDE THE SURVIVING CHILDREN OF A STATE EMPLOYEE WHO DIES A VIOLENT DEATH WHILE PERFORMING STATE DUTIES.
Referred to Committee on Ways and Means.
H. 3466 -- Rep. G. Brown: A BILL TO AMEND CHAPTER 7, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION AND LICENSURE OF BARBERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF BARBERS.
Referred to Committee on Labor, Commerce and Industry.
H. 3467 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2045, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3468 -- Rep. Altman: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE DWELLING HOME AND LOT OF A FORMER PRISONER OF WAR OR MEDAL OF HONOR WINNER AND TO PROVIDE THE CONDITIONS UNDER WHICH THE EXEMPTION CONTINUES FOR A SURVIVING SPOUSE.
Referred to Committee on Ways and Means.
H. 3469 -- Reps. Klauber, Carnell, Parks and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY, IF PRACTICABLE, TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT, AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS TO ENSURE THE SECURITY OF ANY VOTING MACHINE OR VOTING METHOD USED BY A COUNTY.
Referred to Committee on Judiciary.
H. 3470 -- Reps. Kirsh, Edge, Barfield, Meacham and Simrill: A BILL TO AMEND CHAPTER 18, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, SO AS TO CHANGE THE TERM "COMMISSIONER" TO "DIRECTOR" AND TO CONFORM THE NAME OF THE DEPARTMENT OF LABOR TO THE GOVERNMENT RESTRUCTURING ACT OF 1993.
Referred to Committee on Labor, Commerce and Industry.
S. 41 -- Senator Short: A BILL TO AMEND SECTION 56-5-2947, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CHILD ENDANGERMENT, SO AS TO INCLUDE A VIOLATION OF SECTION 56-5-750, RELATING TO THE OFFENSE OF FAILING TO STOP FOR A BLUE LIGHT.
Referred to Committee on Judiciary.
S. 254 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND DEFINITIONS, SO AS TO PROVIDE A DEFINITION FOR "UNINSURED MOTORIST FUND"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO AMEND SECTION 38-73-470, AS AMENDED, RELATING TO PROPERTY, CASUALTY, AND INLAND MARINE INSURANCE, SURETY RATES, RATE-MAKING ORGANIZATIONS, AND DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ONE DOLLAR OF THE YEARLY PREMIUM BE PLACED ON DEPOSIT WITH THE STATE TREASURER IN THE "UNINSURED ENFORCEMENT FUND"; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO INSURANCE, RATES, RATE-MAKING, RATE FILING, AND NOTICE OF HEARING AS A PREREQUISITE TO GRANTING OF RATE INCREASES AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, DELETE "AUTOMOBILE INSURANCE" FROM THE LIST OF LINES OR TYPES OF INSURANCE FOR WHICH IT IS PROVIDED THAT NO INCREASE IN PREMIUM RATES MAY BE GRANTED UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, AND PROVIDE THAT, EXCEPT AS PROVIDED IN THIS SECTION, OVERALL AVERAGE RATE LEVEL INCREASES OR DECREASES FOR ALL COVERAGES COMBINED OF SEVEN PERCENT ABOVE OR BELOW THE INSURER'S RATES IN EFFECT MAY TAKE EFFECT WITHOUT PRIOR APPROVAL WITH RESPECT TO RATES FOR AUTOMOBILE INSURANCE POLICIES; BY ADDING SECTION 38-73-736 SO AS TO PROVIDE THAT ANY SCHEDULE OF RATES, RATE CLASSIFICATIONS, OR RATING PLANS FOR AUTOMOBILE INSURANCE AS DEFINED IN SECTION 38-77-30 FILED WITH THE DEPARTMENT OF INSURANCE MUST PROVIDE FOR AN APPROPRIATE REDUCTION IN PREMIUM CHARGES FOR THOSE INSURED PERSONS WHO ARE FIFTY-FIVE YEARS OF AGE AND OLDER AND WHO QUALIFY AS PROVIDED IN SECTION 38-73-737; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE DECLARATION OF THE PURPOSE OF THE AUTOMOBILE INSURANCE LAW, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT ONE OF THE PURPOSES IS TO PROVIDE FOR AN ASSIGNED RISK PLAN KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN" FOR CERTAIN PERSONS; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN DEFINITIONS AND PROVIDE DEFINITIONS FOR "CANCELLATION", "FACILITY PHYSICAL DAMAGE RATE", "INSTITUTIONAL SOURCE", "INSURER SUPPORT ORGANIZATION", AND "POLICY OF AUTOMOBILE INSURANCE"; BY ADDING SECTION 38-77-596 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY SHALL DEVELOP AND FILE PRIVATE PASSENGER AUTOMOBILE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES BASED ON THE TOTAL EXPERIENCE OF ALL RISKS CEDED TO THE FACILITY WHICH ARE ACTUARIALLY SOUND AND SUPPORTED BY STATISTICAL EVIDENCE; TO AMEND SECTION 38-77-112, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE LAW, THE REQUIREMENT THAT AN APPLICANT FOR, OR POLICYHOLDER OF, SUCH INSURANCE HAVE A DRIVER'S LICENSE AND EXCEPTIONS SO AS TO, AMONG OTHER THINGS, REQUIRE THAT AT THE TIME OF APPLICATION AN INSURER OR AN AGENT RETAIN FOR A PERIOD OF THREE YEARS THE DRIVER'S LICENSE NUMBERS FOR ALL APPLICANTS WHO WERE REFUSED COVERAGE AND FURNISH THIS INFORMATION TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE UPON REQUEST; TO AMEND SECTION 38-77-120, AS AMENDED, RELATING TO REQUIREMENTS FOR NOTICE OF CANCELLATION OF OR REFUSAL TO RENEW AN AUTOMOBILE INSURANCE POLICY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIRED NOTICE MUST PROVIDE FOR THE NOTIFICATION REQUIRED BY SECTION 38-77-390(B) AND PROVIDE FOR CERTAIN EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-121 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY APPLICATION FOR THE ORIGINAL ISSUANCE OF A POLICY OF AUTOMOBILE INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF ANY MOTOR VEHICLE AS DEFINED IN SECTION 38-77-30 MUST HAVE A CERTAIN STATEMENT PRINTED ON OR ATTACHED TO THE FIRST PAGE OF THE APPLICATION FORM; BY ADDING SECTION 38-77-122 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE AN AUTOMOBILE INSURANCE POLICY AS DEFINED IN SECTION 38-77-30 BECAUSE OF THE APPLICANT'S AGE, SEX, LOCATION OF RESIDENCE IN SOUTH CAROLINA, RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, MARITAL STATUS, INCOME LEVEL, PREVIOUS REFUSAL OF AUTOMOBILE INSURANCE BY ANOTHER INSURER, PRIOR PURCHASE OF INSURANCE THROUGH THE SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN, OR LAWFUL OCCUPATION, INCLUDING MILITARY SERVICE; BY ADDING SECTION 38-77-123 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO INSURER SHALL REFUSE TO RENEW AN AUTOMOBILE INSURANCE POLICY BECAUSE OF CERTAIN SPECIFIED FACTORS AND THAT NOTHING IN THIS SECTION REQUIRES AN INSURER TO RENEW A POLICY OF AUTOMOBILE INSURANCE WHERE THE INSURED'S OCCUPATION HAS CHANGED SO AS TO MATERIALLY INCREASE THE RISK; BY ADDING SECTION 38-77-124 SO AS TO PROVIDE THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE OR FAIL TO RENEW A POLICY OF MOTOR VEHICLE LIABILITY INSURANCE SOLELY BECAUSE OF THE AGE OF THE MOTOR VEHICLE TO BE INSURED SO LONG AS THE MOTOR VEHICLE IS LICENSED; BY ADDING SECTION 38-77-141 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO NEW POLICY OR ORIGINAL PREMIUM NOTICE OF INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE MAY BE ISSUED OR DELIVERED UNLESS IT CONTAINS A CERTAIN STATEMENT PRINTED IN BOLDFACE TYPE OR UNLESS THAT STATEMENT IS ATTACHED TO THE FRONT OF OR IS ENCLOSED WITH THE POLICY OR PREMIUM NOTICE; BY ADDING SECTION 38-77-142 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO POLICY OR CONTRACT OF BODILY INJURED OR PROPERTY DAMAGE LIABILITY INSURANCE COVERING LIABILITY ARISING FROM THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE MAY BE ISSUED OR DELIVERED IN SOUTH CAROLINA TO THE OWNER OF THE VEHICLE OR MAY BE ISSUED OR DELIVERED BY AN INSURER LICENSED IN SOUTH CAROLINA UPON A MOTOR VEHICLE THAT IS PRINCIPALLY GARAGED, DOCKED, OR USED IN THIS STATE UNLESS THE POLICY CONTAINS A PROVISION INSURING THE NAMED INSURED AND ANY OTHER PERSON USING OR RESPONSIBLE FOR THE USE OF THE MOTOR VEHICLE WITH THE EXPRESSED OR IMPLIED CONSENT OF THE NAMED INSURED AGAINST LIABILITY FOR DEATH OR INJURY SUSTAINED OR LOSS OR DAMAGE INCURRED WITHIN THE COVERAGE OF THE POLICY OR CONTRACT AS A RESULT OF NEGLIGENCE IN THE OPERATION OR USE OF THE VEHICLE BY THE NAMED INSURED OR BY ANY SUCH PERSON; BY ADDING SECTION 38-77-143 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A POLICY OR CONTRACT OF BODILY INJURY OR PROPERTY DAMAGE LIABILITY INSURANCE RELATING TO THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE EXCLUDES COVERAGE TO PERSONS OTHER THAN THE NAMED INSURED OR DIRECTORS, STOCKHOLDERS, PARTNERS, AGENTS, OR EMPLOYEES OF THE NAMED INSURED, OR RESIDENTS OF THE HOUSEHOLD OF EITHER OF THESE GROUPS WHILE THOSE PERSONS ARE EMPLOYED OR OTHERWISE ENGAGED IN THE BUSINESS OF SELLING, REPAIRING, SERVICING, STORING, OR PARKING MOTOR VEHICLES IF THERE IS ANY OTHER VALID OR COLLECTIBLE INSURANCE APPLICABLE TO THE SAME LOSS COVERING THE PERSONS UNDER A POLICY WITH LIMITS AT LEAST EQUAL TO THE FINANCIAL RESPONSIBILITY REQUIREMENTS SPECIFIED IN SECTION 38-77-140; BY ADDING SECTION 38-77-151 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ALL FUNDS COLLECTED BY THE DIRECTOR OF THE DEPARTMENT OF REVENUE UNDER CHAPTER 10, TITLE 56 MUST BE PLACED ON DEPOSIT WITH THE STATE TREASURER AND HELD IN A SPECIAL FUND TO BE KNOWN AS THE "UNINSURED MOTORISTS FUND" TO BE DISBURSED AS PROVIDED BY LAW; BY ADDING SECTION 38-77-154 SO AS TO PROVIDE THAT THE UNINSURED MOTORISTS FUND SHALL BE UNDER THE SUPERVISION AND CONTROL OF THE DEPARTMENT OF INSURANCE, REQUIRE PAYMENTS FROM THIS FUND TO BE MADE ON WARRANTS OF THE COMPTROLLER GENERAL ISSUED ON VOUCHERS SIGNED BY A PERSON DESIGNATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, AND SET FORTH THE PURPOSE OF THE FUND; BY ADDING SECTION 38-77-155 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL DISTRIBUTE MONIES ANNUALLY FROM THE UNINSURED MOTORISTS FUND AMONG THE SEVERAL INSURERS WRITING MOTOR VEHICLE BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE ON MOTOR VEHICLES REGISTERED IN SOUTH CAROLINA; TO AMEND SECTION 38-77-140, RELATING TO BODILY INJURY AND PROPERTY DAMAGE LIMITS UNDER THE AUTOMOBILE INSURANCE LAW, SO AS TO RAISE THE MINIMUM LIMITS OF COVERAGE FOR INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT; TO AMEND SECTION 38-77-150, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO PROVIDE FOR A MINIMUM OF TEN THOUSAND RATHER THAN FIVE THOUSAND DOLLARS COVERAGE FOR INJURY TO OR DESTRUCTION OF THE PROPERTY OF THE INSURED IN ANY ONE ACCIDENT, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT IF AN UNINSURED MOTORIST HAS SELECTED THE OPTION TO BE UNINSURED BY PAYING THE FEE PURSUANT TO SECTION 56-10-510; TO AMEND SECTION 38-77-350, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND THE FORM REQUIRED TO BE USED IN THE OFFERING OF OPTIONAL COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE PROVISION REGARDING POLICIES OF INSURANCE OFFERED OR ISSUED BY A NEW SERVICING CARRIER FOR THE REINSURANCE FACILITY TO REPLACE POLICIES PREVIOUSLY ISSUED BY A FORMER SERVICING CARRIER AND CONTAINING THE SAME COVERAGE LIMITS AS THE FORMER POLICIES; BY ADDING SECTION 38-77-370 SO AS TO PROVIDE THAT IF AN INDIVIDUAL, AFTER PROPER IDENTIFICATION, SUBMITS A WRITTEN REQUEST TO AN INSURANCE-SUPPORT ORGANIZATION FOR ACCESS TO RECORDED PERSONAL INFORMATION ABOUT THE INDIVIDUAL THAT IS REASONABLY DESCRIBED BY THE INDIVIDUAL AND ABLE TO BE LOCATED AND RETRIEVED BY THE INSURANCE-SUPPORT ORGANIZATION, THE INSURANCE-SUPPORT ORGANIZATION, WITHIN THIRTY BUSINESS DAYS FROM THE DATE THE REQUEST IS RECEIVED, SHALL TAKE CERTAIN ACTION, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; BY ADDING SECTION 38-77-390 SO AS TO PROVIDE THAT IN THE EVENT OF A CANCELLATION OR NONRENEWAL OF AN AUTOMOBILE INSURANCE POLICY, INCLUDING CANCELLATIONS OR NONRENEWALS THAT INVOLVE POLICIES REFERRED TO IN SECTION 38-77-120, THE INSURER OR AGENT RESPONSIBLE FOR THE CANCELLATION OR NONRENEWAL SHALL GIVE CERTAIN WRITTEN NOTICE IN A FORM APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO THE APPLICANT, POLICYHOLDER, OR INDIVIDUAL PROPOSED FOR COVERAGE, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; TO AMEND SECTION 38-77-530, AS AMENDED, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE PLAN MUST COMMENCE RECOUPMENT OF FACILITY ASSESSMENTS BY WAY OF A SURCHARGE ON PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE BUSINESS ISSUED BY A MEMBER OR THROUGH THE FACILITY, THAT THE SURCHARGE MUST BE A PERCENTAGE OF THE PREMIUM ADOPTED BY THE GOVERNING BOARD OF THE FACILITY, THAT THE CHARGES DETERMINED ON THE BASIS OF THE SURCHARGE MUST BE DISPLAYED AS A PART OF THE APPLICABLE PREMIUM CHARGES, AND THAT THE FACILITY SHALL CONVERT TO THE PERCENTAGE-OF-PREMIUM BASIS OF RECOUPMENT BY MARCH 1, 1998; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS TO BE PLACED IN THE FACILITY AFTER MARCH 1, 1998, AND THAT A POLICY WITH AN EFFECTIVE DATE AFTER MARCH 1, 2001, SHALL NOT BE ACCEPTED BY THE FACILITY; TO AMEND SECTION 38-77-595, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND CONDITIONS FOR DESIGNATION OF AN OTHERWISE INELIGIBLE APPLICANT FOR "DESIGNATED PRODUCER", SO AS TO PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS TO BE PLACED IN THE FACILITY AFTER MARCH 1, 1998, AND THAT A POLICY WITH AN EFFECTIVE DATE AFTER MARCH 1, 2001, SHALL NOT BE ACCEPTED BY THE FACILITY; TO AMEND CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 8 SO AS TO ENACT PROVISIONS OF LAW CONCERNING "ASSIGNMENT OF RISKS"; TO PROVIDE THAT BEGINNING MARCH 1, 1998, INSURERS MAY NONRENEW A POLICY OF INSURANCE THAT THEY HAVE CURRENTLY CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, AND PROVIDE THAT THIS PROVISION DOES NOT APPLY TO BUSINESS WRITTEN THROUGH THE DESIGNATED PRODUCERS; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS, EFFECTIVE JANUARY 1, 2005; TO REPEAL SECTION 38-73-450, RELATING TO THE FAIRNESS OF AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES AND BURDEN ON THE INSURER TO PROVE FAIRNESS, SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SECTION 38-73-457, RELATING TO THE REQUIREMENT UPON AUTOMOBILE INSURERS AND RATING ORGANIZATIONS TO FILE INFORMATION ON BASE RATES, SECTION 38-73-460, RELATING TO THE EFFECT OF GAINS AND LOSSES INCURRED BY MEMBER INSURERS OF THE REINSURANCE FACILITY ON RATES FOR AUTOMOBILE INSURANCE, SECTION 38-73-465, RELATING TO AUTOMOBILE INSURANCE AND UNFAIRLY DISCRIMINATORY, EXCESSIVE, OR UNREASONABLE PROFITS OR RATES, SECTION 38-73-720, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE POWER TO ESTABLISH RISK AND TERRITORIAL CLASSIFICATIONS, SECTION 38-73-730, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND RISK CLASSIFICATION PLANS, SECTION 38-73-731, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, REMOVAL FROM THE YOUTHFUL DRIVER CLASSIFICATION, AND REFUND OF EXCESS PREMIUM PAID, SECTION 38-73-735, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SECTION 38-73-750, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS FILE WITH THE STATE RATING AND STATISTICAL DIVISION THEIR PLANS OR SYSTEMS FOR ALLOCATING EXPENSES AND PROFIT AS RESPECTS THE VARIOUS KINDS OR TYPES OF AUTOMOBILE INSURANCE RISKS AND THE CLASSES OF RISKS THEREUNDER, SECTION 38-73-760, RELATING TO INSURANCE, THE STATE-RATING AND STATISTICAL DIVISION, AND UNIFORM STATISTICAL PLANS, SECTION 38-73-770, RELATING TO INSURANCE AND THE REQUIREMENT THAT EVERY CLASSIFICATION PLAN PROMULGATED BY THE DEPARTMENT OF INSURANCE BE SO STRUCTURED AS TO PRODUCE RATES OR PREMIUM CHARGES WHICH ARE ADEQUATE, NOT EXCESSIVE, AND NOT UNFAIRLY DISCRIMINATORY, SECTION 38-73-775, RELATING TO THE ANNUAL FILING OF THE PHYSICAL DAMAGE LOSS COMPONENT BY THE SOUTH CAROLINA REINSURANCE FACILITY, SECTION 38-77-110, RELATING TO THE "MANDATE TO WRITE", AUTOMOBILE INSURANCE COVERAGE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SECTION 38-77-111, RELATING TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, SECTION 38-77-115, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE SIGNS REQUIRED IN AN AGENT'S PLACE OF BUSINESS, SECTION 38-77-145, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE PROVISION THAT PERSONAL INJURY PROTECTION COVERAGE IS NOT MANDATED, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES ARE TO BE IN ONE POLICY, SECTION 38-77-360, RELATING TO THE PROHIBITION AGAINST AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST-OFFENSE VIOLATIONS, SECTION 38-77-600, RELATING TO AUTOMOBILE INSURANCE AND THE REINSURANCE FACILITY RECOUPMENT CHARGE, SECTION 38-77-605, RELATING TO THE REQUIREMENT THAT THE REINSURANCE FACILITY RECOUPMENT CHARGE MUST BE DISPLAYED IN A CERTAIN MANNER IN INSURANCE PREMIUM NOTICES OR BILLS, SECTION 38-77-610, RELATING TO AUTOMOBILE INSURANCE AND THE FILING OF REINSURANCE FACILITY RECOUPMENT CHARGES, SECTION 38-77-620, RELATING TO AUTOMOBILE INSURANCE AND THE INCLUSION OF FACILITY RECOUPMENT CHARGES IN AUTOMOBILE INSURANCE RATES, SECTION 38-77-625, RELATING TO THE PROVISION THAT IF AN INSURED IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, HIS REINSURANCE FACILITY RECOUPMENT CHARGE MAY NOT BE INCREASED BY HIS INSURER BECAUSE OF THIS OCCURRENCE, AND ARTICLE 9, CHAPTER 77, TITLE 38, RELATING TO THE AUTOMOBILE INSURANCE LAW AND CERTAIN UNLAWFUL ACTS; AND TO PROVIDE THAT NONRENEWAL NOTICES MAY BE SENT BEFORE MARCH 1, 1998, FOR AUTOMOBILE INSURANCE POLICIES RENEWING ON OR AFTER THAT DATE.
Referred to Committee on Labor, Commerce and Industry.
S. 347 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON AUGUST 15 AND 16, 1996, BY THE STUDENTS OF CERTAIN SCHOOLS OF THE SCHOOL DISTRICT OF OCONEE COUNTY DUE TO INCOMPLETE SCHOOL RENOVATIONS, AND THE SCHOOL DAY MISSED ON AUGUST 15, 1996, BY THE STUDENTS OF CERTAIN OTHER SCHOOLS OF THE SCHOOL DISTRICT OF OCONEE COUNTY FOR SCHOOL YEAR 1996-97 DUE TO A TRAIN DERAILMENT WHICH REQUIRED THE EVACUATION OF THESE SCHOOLS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Referred to Committee on Education and Public Works.
S. 361 -- Senator Mescher: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN STUDENTS FOR THE 1996-97 SCHOOL YEAR ARE EXEMPT FROM THE REQUIREMENTS OF SECTION 59-39-160 OF THE 1976 CODE AND MAY PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES UNDER SPECIFIED CONDITIONS.
Referred to Committee on Education and Public Works.
S. 362 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ACCOUNTING AND REPORTING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1993, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 363 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO STATE AID (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1992, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 364 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PROVIDING FOR THE DISBURSEMENT OF FUNDS FOR TRAINABLE AND MENTALLY HANDICAPPED STUDENTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2014, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 365 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO AUDITS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1996, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 366 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ANNUAL BUDGET DEADLINES AND SCHEDULES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1991, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 367 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PERSONNEL RECORDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2004, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 368 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ACCOUNTING AND REPORTING INVENTORIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1995, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 369 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO STUDENT TRANSPORTATION MANAGEMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2000, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 370 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO FINANCIAL REPORTS AND STATEMENTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1994, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 371 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PROPRIETARY SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1979, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
The following was taken up for immediate consideration:
H. 3471 -- Rep. Mason: A HOUSE RESOLUTION REQUESTING THE HONORABLE SANDRA K. MCKINNEY, CLERK OF THE HOUSE OF REPRESENTATIVES, TO COLLECT AND PUBLISH THE PRAYERS OF THE HOUSE CHAPLAIN, THE REVEREND DR. ALTON C. CLARK OF LITTLE MOUNTAIN, AND PROVIDE FOR DISTRIBUTION OF EIGHTEEN HUNDRED COPIES OF THE CHAPLAIN'S COLLECTED PRAYERS AS DIRECTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, request the Honorable Sandra K. McKinney, Clerk of the House of Representatives, to collect and publish the prayers of the House Chaplain, the Reverend Dr. Alton C. Clark of Little Mountain, in accordance with previous procedure, and that eighteen hundred copies of the collected prayers be distributed, following publication, in the manner directed by the Speaker.
The Resolution was adopted.
The following was introduced:
H. 3472 -- Reps. Parks, Klauber, Carnell and Stille: A CONCURRENT RESOLUTION RECOGNIZING THE ONE HUNDREDTH ANNIVERSARY OF GREENWOOD COUNTY AS A COUNTY OF THE GREAT STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Canty Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Mack Maddox Martin Mason McCraw McKay McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Quinn Rhoad Rice Riser Rodgers Sandifer Scott Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Tripp Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, February 18.
Dwight A. Loftis Ronald P. Townsend Alfred B. Robinson, Jr. Timothy C. Wilkes
LEAVE OF ABSENCE
The SPEAKER granted Rep. SEITHEL a leave of absence for the day.
Announcement was made that Dr. Woodrow Long of Greenville is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
H. 3239 -- Reps. Walker, Littlejohn, Sharpe, Hawkins, Haskins, D. Smith, Allison, Davenport, Gamble, Cato, McCraw, Townsend and Wilkins: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 69 SO AS TO ENACT THE "SOUTH CAROLINA MOLD LIEN AND RETENTION ACT", AND PROVIDE FOR THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 13, by the Committee on Labor, Commerce and Industry.
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 was taken up.
H. 3101 -- Reps. Allison, Kirsh, Meacham and Knotts: A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER AGE SIXTEEN OUTSIDE THE STATE WITH THE INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO MAKE IT UNLAWFUL TO TAKE OR TRANSPORT A CHILD OUTSIDE OF THE STATE WITH THE INTENT TO CIRCUMVENT A CUSTODY PROCEEDING WHEN A PETITION HAS BEEN FILED SEEKING A CUSTODY DETERMINATION, TO INCREASE THE PENALTY FOR VIOLATIONS, TO INCLUDE APPLICATION OF THE SECTION TO CHILDREN BORN OUT OF WEDLOCK, TO INCREASE THE PENALTY IF PHYSICAL FORCE IS USED OR THREATENED, AND TO AUTHORIZE ASSESSING TRAVEL AND OTHER EXPENSES INCURRED IN THE PROSECUTION OF THE ACTION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7057AC.97), which was adopted.
Amend the bill, as and if amended, by JUDICIARY COMMITTEE propose(s) the following Amendment No. (Doc Name P:\AMEND\JIC\5387AC.97)
Amend the bill, as and if amended, by Striking all after the enacting words and inserting:
/SECTION 1. Section 16-17-495 of the 1976 code, as last amended by act 28 of 1995, is further amended to read:
"Section 16-17-495. (A)(1) When any a court of competent jurisdiction in this State or another state has awarded custody of a child under the age of sixteen years or custody of a child under the age of sixteen years is established pursuant to Section 20-7-953B, it is a felony unlawful for a person with the intent to violate the court order or Section 20-7-953B to take or transport, or cause to be taken or transported, for the purpose of concealing or to circumvent or avoid the custody order or statute, the child from any point within this State to any point outside the limits of this State or to keep the child outside the limits of this state from the custody of the legal custodian of the child.
(2) When a petition has been filed and served seeking to determine custody of a child under the age of sixteen, it is unlawful for a person with the intent to circumvent or avoid the custody proceeding to take or transport, or cause to be taken or transported, for the purpose of concealing or circumventing or avoiding the custody proceeding, the child from any point within this State to any point outside the limits of this State.
(B) A person who violates subsection (A)(1) or (2) is guilty of a felony and, upon conviction, must be fined This crime is punishable by a fine in the discretion of the court or by imprisonment for not more than five imprisoned for not more than five years, or both. It is permissible to infer that a person keeping a child outside the limits of the State in violation of a court order for a period in excess of seventy-two hours intended to violate the order at the time of taking.
(C) If the a person violating the provisions of this section subsection (A)(1) or (2) returns the child to the legal custodian or to the jurisdiction of the court issuing the order within seven days after removing the child from this State, in which the custody petition was filed within three days after violating subsection (A)(1) or (2), the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
(D) Notwithstanding the provisions of this section, if the taking or transporting of a child in violation of this section is by physical force or the threat of physical force, the person is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned for not more than ten years, or both.
(E) A person violating this section may be required by the court to pay necessary travel and other expenses, including attorney's fees, incurred by the party entitled to the custody or by a witness or law enforcement."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber SECTIONS to conform.
Amend title to conform.
Rep. YOUNG explained the amendment.
Reps. SCOTT, WHIPPER, T. BROWN and F. SMITH requested debate on the Bill.
The amendment was then adopted.
Rep. J. BROWN requested debate on the Bill.
The following Bill was taken up.
H. 3139 -- Reps. Wilkins, Meacham, Knotts and Robinson: A BILL TO AMEND SECTION 20-7-766, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES TO CONDUCT ADOPTION ASSESSMENTS AND CHILD-SPECIFIC RECRUITING FOR POTENTIAL ADOPTIVE FAMILIES AND TO REVISE VARIOUS DISPOSITION CRITERIA FOR CERTAIN CHILDREN IN FOSTER CARE; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATING PARENTAL RIGHTS, SO AS TO ADD ABANDONMENT OF A CHILD; AND TO AMEND SECTION 20-7-1574, AS AMENDED, RELATING TO COURT ORDERS TERMINATING PARENTAL RIGHTS, SO AS TO DECREASE THE TIME WITHIN WHICH AN AGENCY HAS TO DEVELOP AND SUBMIT A PLAN FOR PERMANENT PLACEMENT OF A CHILD WHOSE PARENTAL RIGHTS HAVE BEEN TERMINATED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20068AC.97), which was adopted.
Amend the bill, as and if amended, in Section 20-76-766(D) of the 1976 Code, as contained in SECTION 1, page 1, by inserting after /parent/ on line 37 /at that time/ and on page 2, line 1, by deleting /The/ and inserting: / However, if the court finds that the child may be returned to the parents within a specified reasonable time not to exceed six months and without an unreasonable risk of harm to the child as provided for in subsection (C) and that the best interests of the child would be served thereby, the court may order an extension of the plan approved pursuant to Section 20-7-764 or may order compliance with a modified plan. If a petition to terminate parental rights is to be filed, the/ so when amended, section 20-7-766(D) reads:
"(D) If the court determines at the permanency planning hearing that the child should not be returned to the child's parent at that time, the court's order shall require the department to file a petition to terminate parental rights to the child not later than sixty days after receipt of the order, unless the department demonstrates to the court that initiating termination of parental rights is clearly not in the child's best interest because one or more of the conditions specified under subsection (E) exists requiring a different disposition. However, if the court finds that the child may be returned to the parents within a specified reasonable time not to exceed six months and without an unreasonable risk of harm to the child as provided for in subsection (C) and that the best interests of the child would be served thereby, the court may order an extension of the plan approved pursuant to section 20-7-764 or may order compliance with a modified plan. If a petition to terminate parental rights is to be filed, the department must exercise and document every reasonable effort to promote and expedite the adoptive placement and adoption of the child, including a thorough adoption assessment and child-specific recruitment. Adoptive placements must be diligently sought for the child and failure to do so solely because a child is classified as 'special needs' is expressly prohibited. No adoption may be delayed or denied solely on these special needs. If the department demonstrates to the court that terminating parental rights is clearly not in the child's best interests and one or more of the conditions specified under subsection (E) exists, a different disposition may be required. For purposes of this subsection:
(1) 'thorough adoption assessment' means conducting and documenting face-to-face interviews with the child, foster care providers, and other significant parties; and
(2) 'child specific recruitment' means recruiting an adoptive placement targeted to meet the individual needs of the specific child including, but not be limited to, use of the media, use of photo listings, and any other in-state or out-of-state resources which may be utilized to meet the specific needs of the child, unless there are extenuating circumstances that indicate that these efforts are not in the best interest of the child."
Amend further, in Section 20-7-766(E), as contained in SECTION 1, page 2, line 23, by deleting /If After/ and inserting /If after/ and beginning on page 2, line 40, by deleting item (3) and inserting:
/(3) best interests of the child would be served and that the child may be returned to the parents within a specified, reasonable time not to exceed six months and without an unreasonable risk of harm to the child as provided for in subsection (C), the court may order an extension of the plan approved pursuant to Section 20-7-764 or may order compliance with a modified plan;/ and on page 4, line 4, by deleting /(4)/ and inserting /(4)/ and on page 3, line 9 by deleting /(5)/ and inserting /(5)(4)/.
When amended Section 20-7-776(E) of the 1976 Code shall read:
/(E) If after assessing the viability of adoption, the department demonstrates under subsection (D) that termination of parental rights is clearly not in the child's best interest, and if the court determines that the:
(1) best interest of the child would be served, the court may order that custody or legal guardianship, or both, be placed with a suitable member of the child's extended family or a suitable nonrelative; however, a home study on the relative or nonrelative must be submitted to the court for consideration before placement. The court may order a specified period of supervision and services not to exceed twelve months;
(2) child has special needs or circumstances and that a permanent foster caregiver has been identified by the department, the court may order that the child be placed in permanent foster care with a specified caregiver. If the child is under ten fourteen years of age, the special needs or circumstances must be shown by clear and convincing evidence;
(3) best interests of the child would be served and that the child may be returned to the parents within a specified, reasonable time not to exceed six months and without an unreasonable risk of harm to the child as provided for in subsection (C), the court may order an extension of the plan approved pursuant to Section 20-7-764 or may order compliance with a modified plan;
(4) child has attained the age of sixteen, reasonable efforts to place the child adoptively have been exhausted, and the child is unwilling to accept or unable to adapt to a permanent placement, the court may extend foster care to provide services needed to assist the child to make the transition to independent living; or
(5)(4) child has physical, mental, or psychological problems or special treatment needs and must remain in a specialized foster care setting or that the child is unwilling to accept or unable to adapt to a permanent placement, the court may extend foster care pending implementation of a permanent plan."
Renumber sections to conform.
Amend title to conform.
Rep. YOUNG explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3240 -- Reps. Spearman, Wilkins, Beck, Edge, Altman, Bauer, Barfield, Barrett, Knotts, Rice, Harrell, Young-Brickell, Meacham, Limehouse, Klauber, Young, Sandifer, Mullen, Stuart, McCraw, Harrison, Mason, Allison, Davenport, Townsend, Martin, Kelley, Riser, Witherspoon, Hawkins, Keegan, Campsen, Rodgers, Chellis and Seithel: A BILL TO ENACT "THE SOUTH CAROLINA SCHOOL SAFETY ACT OF 1997" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-612 SO AS TO PROVIDE THAT IF A STUDENT COMMITS AN ASSAULT AND BATTERY THAT IS NOT AGGRAVATED ON SCHOOL GROUNDS OR AT A SCHOOL-SPONSORED EVENT AGAINST ANY PERSON AFFILIATED WITH THE SCHOOL IN AN OFFICIAL CAPACITY, THE STUDENT IS GUILTY OF THE CRIME OF ASSAULT AND BATTERY ON SCHOOL PERSONNEL AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO JUVENILE DETENTION PROCEDURES, SO AS TO AUTHORIZE A CHILD TO BE DETAINED IN A SECURE JUVENILE DETENTION FACILITY IF THE CHILD COMMITS AN ASSAULT AND BATTERY OF ANY KIND ON SCHOOL GROUNDS OR AT A SCHOOL-SPONSORED EVENT AGAINST ANYONE AFFILIATED WITH THE SCHOOL IN AN OFFICIAL CAPACITY; TO AMEND SECTION 22-3-560, RELATING TO A MAGISTRATE'S AUTHORITY TO PUNISH ASSAULTS AND BATTERIES AND OTHER BREACHES OF THE PEACE AND EXCEPTIONS THERETO, SO AS TO PROVIDE THAT AN ASSAULT AND BATTERY ON SCHOOL PERSONNEL SHALL BE PUNISHED AS PROVIDED IN SECTION 16-3-612; TO ADD SECTION 59-63-370 SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO NOTIFY CERTAIN SCHOOL ADMINISTRATORS AND TEACHERS OF A STUDENT'S CONVICTION OF ASSAULT AND BATTERY ON SCHOOL PERSONNEL OR OF ANY VIOLENT CRIME; TO ADD SECTION 59-63-380 SO AS TO GRANT CIVIL AND CRIMINAL IMMUNITY TO PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY MAKING A REPORT OF A SCHOOL-RELATED CRIME IN GOOD FAITH; AND TO ADD SECTION 59-63-390 SO AS TO REQUIRE THE SENIOR ADMINISTRATOR OF EACH SCHOOL TO INCLUDE A SUMMARY OF THE SCHOOL CRIME REPORT ACT AND THE PROVISIONS OF SECTION 16-3-612 IN THE SCHOOL'S STUDENT HANDBOOK EACH YEAR.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20052SD.97).
Amend the bill, as and if amended, by striking Section 16-3-612 of the 1976 Code as contained in SECTION 2 and inserting:
/Section 16-3-612. If any person commits an assault and battery, other than one that is aggravated, on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teacher's assistants, student teachers, custodial staff, food service staff, or volunteers, that person is guilty of the crime of assault and battery on school personnel which is a misdemeanor and, upon conviction, the person shall be punished by a term of imprisonment for not more than twelve months or by a fine of not more than one thousand dollars, or both.
For purposes of this section, 'school' includes, but is not limited to, a public or private school that contains any grades of kindergarten through twelfth grade, public or private colleges, and universities, and any vocational, technical, or occupational school./
Amend further, as and if amended, by striking subsection (B) of Section 20-7-7210 of the 1976 Code, as contained in SECTION 3 and inserting:
/(B) A child is eligible for detention in a secure juvenile detention facility only if the child:
(1) is charged with a violent crime as defined in Section 16-1-60;
(2) is charged with a crime which, if committed by an adult, would be a felony other than a violent crime, and the child:
(a) is already detained or on probation or conditional release in connection with another delinquency proceeding;
(b) has a demonstrable recent record of wilful failures to appear at court proceedings;
(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or
(d) has a demonstrable recent record of adjudications for other felonies; and:
(i) there is reason to believe the child is a flight risk or poses a threat of serious harm to others; or
(ii) the instant offense involved the use of a firearm;
(3) is a fugitive from another jurisdiction;
(4) requests protection in writing under circumstances that present an immediate threat of serious physical injury;
(5) had in his possession a deadly weapon;
(6) has a demonstrable recent record of wilful failure to comply with prior placement orders including, but not limited to, a house arrest order.;
(7) has no suitable alternative placement and it is determined that detention is in the child's best interest or is necessary to protect the child or public, or both.;
(8) commits an assault and battery of any kind on school grounds or at a school-sponsored event against any person.
A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program. If the officer does not consent to the release of the child, the parents or other responsible adult may apply to the family court within the circuit for an ex parte order of release of the child. The officer's written report must be furnished to the family court judge who may establish conditions for the release./
Amend further, as and if amended, in Section 22-3-560 of the 1976 Code, as contained in SECTION 4, by striking /two hundred/ on page 3, line 30, and inserting /two hundred five hundred/
When amended Section 22-3-560(B) of the 1976 Code shall read:
/Section 22-3-560. Magistrates may punish by fine not exceeding two hundred five hundred dollars or imprisonment in the jail or house of correction for a term not exceeding thirty days, or both, all assaults and batteries and other breaches of the peace when the offense is not an assault and battery on school personnel under Section 16-3-612 nor of a high and aggravated nature requiring, in their judgment or by law, greater punishment./
Amend further, as and if amended by striking Section 59-63-370 of the 1976 Code and inserting:
/Section 59-63-370. Notwithstanding any other provision of law:
(1) When a student convicted or adjudicated delinquent of the offense defined in Section 16-3-612 or a violent offense defined in Section 16-1-60 is assigned to the Department of Juvenile Justice, the Department of Corrections, or to the Department of Probation, Pardon and Parole, that agency is required to provide immediate notice of that student's conviction to the senior administrator of the school in which the student is enrolled or intends to be enrolled. These agencies are authorized to request information concerning school enrollment from the students convicted or adjudicated delinquent of the offense defined in Section 16-3-612 or a violent offense defined in Section 16-1-60.
(2) When a student convicted or adjudicated delinquent of the offense defined in Section 16-3-612 or a violent offense defined in Section 16-1-60 is not sentenced to incarceration or probation, the presiding judge shall order the clerk of the municipal, magistrate, or general sessions court to provide, within ten days, notification of the student's sentence to the appropriate school district for inclusion in the student's permanent record.
(3) An administrator notified pursuant to this section is required to notify each teacher or instructor in whose class the student is enrolled.
(4) If a student is convicted or adjudicated delinquent of the offense defined in Section 16-3-612 or a violent offense defined in Section 16-1-60, information concerning the conviction or adjudication and sentencing must be placed in the student's permanent school record and must be forwarded with the student's permanent school records if the student transfers to another school or school district./
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Reps. SCOTT, F. SMITH, McMAHAND, CAVE, LLOYD, R. SMITH, HARRISON, D. SMITH, LIMBAUGH, KNOTTS, SPEARMAN, COTTY and BECK requested debate on the Bill.
The following Bill was taken up.
H. 3281 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe and Townsend: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE OR HOUSE OF REPRESENTATIVES; AND TO RATIFY AN AMENDMENT TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW OR A VIOLATION OF CERTAIN ELECTION LAWS, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES, AND PROVIDE THAT THIS PROHIBITION DOES NOT APPLY TO A PERSON WHO HAS BEEN PARDONED UNDER STATE OR FEDERAL LAW OR TO A PERSON WHO FILES FOR PUBLIC OFFICE FIFTEEN YEARS OR MORE AFTER THE COMPLETION DATE OF SERVICE OF THE SENTENCE, INCLUDING PROBATION AND PAROLE TIME, NOR SHALL ANY PERSON SERVING IN OFFICE PRIOR TO THE RATIFICATION OF THESE AMENDMENTS BE REQUIRED TO VACATE THE OFFICE TO WHICH HE IS ELECTED.
Rep. LIMBAUGH moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3282 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe and Townsend: A BILL RATIFYING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.
Rep. LIMBAUGH explained the Bill.
H. 3161 -- Reps. Townsend, Cooper, Walker and Haskins: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BEGINNER'S PERMIT, SO AS TO PROVIDE THAT A PERSON MUST HOLD A BEGINNER'S PERMIT FOR AT LEAST NINETY DAYS BEFORE HE MAY BE ISSUED A DRIVER'S LICENSE OR A RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO REQUIRE THAT A PERSON MUST HOLD A BEGINNER'S PERMIT FOR AT LEAST NINETY DAYS BEFORE HE MAY BE ISSUED A DRIVER'S LICENSE OR A RESTRICTED DRIVER'S LICENSE.
Rep. TOWNSEND explained the Bill.
H. 3425 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PRINCIPAL APPRENTICESHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1983, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3426 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO AUDIOVISUAL LIBRARY SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1998, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3427 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO INSTRUCTIONAL PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2017, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3431 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO STUDENT TRANSPORTATION MANAGEMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2000, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3432 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO BUS CONDUCT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2001, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3433 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO STUDENT TRANSPORTATION RECORDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3434 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PUBLIC SCHOOL EMPLOYEE COST SAVINGS PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2007, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3435 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO INTERSCHOLASTIC ATHLETICS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2016, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3436 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO TEXTBOOK SELECTION AND ADOPTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2018, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3437 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ENSURE THAT SCHOOL DISTRICTS RECRUIT AND HIRE PERSONNEL FOR EIA IMPLEMENTATION ON THE BASIS OF MERIT AND QUALIFICATIONS; TO ENSURE FAIR AND EQUAL TREATMENT FOR MINORITIES; AND CORRECTIVE ACTION FOR NON-COMPLIANCE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2005, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 3145 -- Reps. Inabinett, Cromer, Vaughn, Sharpe, Beck, Wilkes, Haskins, Lloyd, Carnell, Altman, Young, Hinson, Rodgers, Miller, Campsen, Breeland, Webb, Bauer, R. Smith, Stuart and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-15 SO AS TO PROVIDE THAT THE TEACHING OF EBONICS, OTHERWISE REFERRED TO AS "BLACK ENGLISH", IS PROHIBITED IN THE PUBLIC ELEMENTARY AND SECONDARY SCHOOLS OF THIS STATE, AND IN THE STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, INCLUDING TECHNICAL COLLEGES; AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL NOT BE CONSTRUED AS INFRINGING UPON THE AUTHORITY OF SCHOOLS TO INSTRUCT STUDENTS IN BLACK HISTORY AS PERMITTED BY LAW.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20058SD.97).
Amend the bill, as and if amended, in Section 59-29-15 of the 1976 Code, as contained in SECTION 1, by striking /, otherwise referred to as 'Black English',/ which begins on line 28, page 1.
When amended Section 59-29-15 of the 1976 Code shall read:
"Section 59-29-15. The teaching of Ebonics is prohibited in the public elementary and secondary schools of this State, and in the state-supported institutions of higher learning, including technical colleges.
The provisions of this section shall not be construed as infringing upon the authority to instruct students in black history as permitted by Section 59-29-55 or other provisions of law."
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. INABINETT spoke in favor of the amendment.
Reps. WHIPPER, T. BROWN, CAVE, CANTY, NEAL, J. BROWN, GOURDINE, F. SMITH and MACK requested debate on the Bill.
The following Bill was taken up.
H. 3235 -- Reps. D. Smith, Cromer, Knotts, Maddox, Young, Limbaugh, Scott, Cotty, McMaster, Klauber, Jennings, Baxley, Fleming, Govan, Altman, Delleney, Hodges, Campsen, Harrison and Simrill: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.
Reps. CAVE, NEAL, CANTY and T. BROWN requested debate on the Bill.
Reps. D. SMITH, HARRISON and LIMBAUGH proposed the following Amendment No. 2 (Doc Name P:\AMEND\GJK\20096SD.97), which was adopted.
Amend the bill, as and if amended, by striking Section 2-19-110 of the 1976 Code, as contained in SECTION 2, and inserting:
/Section 2-19-110. In order to be eligible to be appointed by the Governor to serve, a master-in-equity must have been reviewed by the Judicial Merit Selection Commission under the procedures established pursuant to this chapter and be found by the commission to be qualified to serve. If a nominee is found to be not qualified by the commission, the
Governor shall submit another name to the General Assembly for consideration. Upon a vacancy in the office of master-in-equity, candidates therefor shall submit an application to the Judicial Merit Selection Commission. Upon completion of reports and recommendations, the commission shall submit such reports and recommendations on master-in-equity candidates to the appropriate county legislative delegations. The county legislative delegations shall then submit the name of a candidate to the Governor for consideration for appointment. Nothing shall prevent the Governor from rejecting the person nominated by the delegation. In this event, the delegation shall submit another name for consideration. No person found not qualified by the commission may be appointed to the office of master-in-equity. For purposes of this section, a vacancy is created in the office of the master-in-equity when any of the following occurs: a term expires, a new judicial position is created, or a judge no longer can serve due to resignation, retirement, disciplinary action, disability, or death. The Judicial Merit Selection Commission may begin screening prior to the actual date of the vacancy in the case of resignation or retirement pursuant to written notice thereof./
Amend further, as and if amended, by adding a new section to be appropriately numbered to read:
/SECTION _____. Section 14-11-20 of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:
/Section 14-11-20. Pursuant to the provisions of Section 2-19-110, Masters-in-equity must be appointed by the Governor with the advice and consent of the General Assembly for a term of six years and until their successors are appointed and qualify. No person is eligible to hold the office of master-in-equity who is not at the time of his appointment a citizen of the United States and of this State, has not attained the age of thirty-two years upon his appointment, has not been a licensed attorney for at least eight years upon his appointment, has not been a resident of this State for five years immediately preceding his appointment, and has not been found qualified by the Judicial Merit Selection Commission.
Each master-in-equity of this State qualifies by taking the oath required by the Constitution of this State before a justice of the Supreme Court, a judge of the Court of Appeals, the President of the Senate, the Speaker of the House of Representatives, a circuit judge, the Clerk of the Supreme Court, a clerk of the court of common pleas, or a probate judge of the county and immediately enters upon his duties. The oath must be filed in the office of the Secretary of State.
A full-time master-in-equity is prohibited from engaging in the practice of law. A part-time master-in-equity may practice law but is prohibited from appearing before another master-in-equity. A standing master-in-equity may not serve as the probate judge of any county./
Renumber sections to conform.
Amend title to conform.
Rep. LIMBAUGH explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 13, by the Committee on Judiciary.
Rep. LIMBAUGH moved to table the amendment, which was agreed to.
Rep. MOODY-LAWRENCE requested debate on the Bill.
Rep. TOWNSEND moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3454 -- Rep. Law: A CONCURRENT RESOLUTION CONGRATULATING BERKELEY HIGH SCHOOL ON WINNING THE 1996 CLASS AAAA, DIVISION II STATE FOOTBALL CHAMPIONSHIP.
H. 3457 -- Reps. Howard, J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF EDWIN JULIUS ZOBEL, JR., OF RICHLAND COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 3458 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE FORT MILL HIGH SCHOOL MARCHING BAND UPON WINNING THE 1996-97 SOUTH CAROLINA AAA STATE MARCHING BAND CHAMPIONSHIP.
H. 3472 -- Reps. Parks, Klauber, Carnell and Stille: A CONCURRENT RESOLUTION RECOGNIZING THE ONE HUNDREDTH ANNIVERSARY OF GREENWOOD COUNTY AS A COUNTY OF THE GREAT STATE OF SOUTH CAROLINA.
At 12:55 P.M. the House in accordance with the motion of Rep. YOUNG adjourned in memory of Alexander Brody of Sumter, to meet at 2:00 P.M. tomorrow.
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