Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
God and Father of us all, under the canopy of Your goodness and mercy which has followed us all our days, bless us with the supreme satisfaction of rendering our best service - undiluted by base motives or selfish interest. As keepers of the holy flame which our forefathers kindled with their lives, make us worthy of that trust. Use us as instruments in Your hands that mouths shall not cry out for bread, that free speech shall not be silenced.
So help us, Lord, to move onward and upward. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. WEBB moved that when the House adjourns, it adjourn in memory of Dr. Dick Spray of Clemson, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 2176
Promulgated By Department of Labor, Licensing and Regulation-Manufactured Housing Board
Statutory Authority: 1976 Code Section 40-29-50
Manufactured Homes; Practices in the Industry
Received By Speaker March 12, 1997
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date July 10, 1997
(Subject to Sine Die Revision)
The following was received.
Document No. 2061
Promulgated By Department of Labor, Licensing and Regulation - Office of State Fire Marshall
Statutory Authority: 1976 Code Sections 23-35-45 and 23-45-145
Proximate Audience Pyrotechnics
Received By Speaker October 31, 1996
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date: Revised
Withdrawn and Resubmitted March 12, 1997
Revised Expiration Date: June 10, 1997
(Subject to Sine Die Revision)
The following was received.
Columbia, S.C., March 12, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 288:
S. 288 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-41-45, TO AMEND ARTICLE 3, CHAPTER 71, TITLE 38, RELATING TO INDIVIDUAL ACCIDENT AND HEALTH INSURANCE POLICIES BY ADDING SUBARTICLE 7; TO AMEND ARTICLE 5, CHAPTER 71, TITLE 38, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE BY ADDING SUBARTICLE 2; TO AMEND SECTION 38-71-135, RELATING TO MINIMUM POSTPARTUM HOSPITALIZATION SERVICES FOR MOTHERS AND NEWBORNS, TO AMEND SECTION 38-71-335, AS AMENDED, RELATING TO CANCELLATION AND RENEWAL POLICIES FOR ACCIDENT AND HEALTH INSURANCE; TO AMEND SECTION 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT AND HEALTH POLICIES; TO AMEND SECTION 38-71-737, RELATING TO REQUIREMENTS OF COVERAGE FOR PSYCHIATRIC CONDITIONS IN GROUP HEALTH INSURANCE POLICIES; TO AMEND SECTION 38-71-920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL GROUP HEALTH INSURANCE; TO AMEND SECTION 38-71-960, RELATING TO REQUIRED DISCLOSURE IN SOLICITATION AND SALES MATERIAL FOR SMALL GROUP HEALTH INSURANCE; TO AMEND SECTION 38-71-1330, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY; TO AMEND SECTION 38-71-1360, RELATING TO THE REQUIREMENT THAT INSURERS MARKET TWO PLANS FOR SMALL EMPLOYERS; TO AMEND SECTION 38-71-1370, RELATING TO THE APPLICABILITY OF CERTAIN CODE SECTIONS TO INSURANCE PLANS REQUIRED TO BE OFFERED BY SMALL EMPLOYER INSURERS AND PREEXISTING CONDITION COVERAGE FOR LATE ENROLLEES; TO AMEND SECTION 38-71-1410 RELATING TO THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM; TO AMEND SECTION 38-71-1440, RELATING TO REQUIREMENTS FOR SMALL EMPLOYER INSURERS, ALL SO AS TO COMPLY WITH CERTAIN REQUIREMENTS OF THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, INCLUDING GUARANTEED AVAILABILITY IN THE SMALL GROUP MARKET, GUARANTEED RENEWABILITY IN THE LARGE GROUP MARKET, THE SMALL GROUP MARKET, THE INDIVIDUAL MARKET, AND FOR MULTIPLE EMPLOYER WELFARE ARRANGEMENTS; REVISIONS TO REQUIRED HOSPITALIZATION SERVICES FOR MOTHERS AND NEWBORNS; EQUALITY IN THE APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH BENEFITS, ANTIDISCRIMINATION REQUIREMENTS IN THE LARGE AND SMALL GROUP MARKETS, AND LIMITATIONS ON PREEXISTING CONDITION EXCLUSIONS IN THE LARGE AND SMALL GROUP MARKETS; AND TO REPEAL SECTION 38-71-950, RELATING TO RENEWABILITY AND NOTICE OF NONRENEWAL OF SMALL GROUP HEALTH INSURANCE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., March 12, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 382:
S. 382 -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 12, 1997, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO RECOGNIZE THE REPRESENTATIVES OF THE EASTER SEAL SOCIETY BEFORE THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON WEDNESDAY, MARCH 12, 1997.
Very respectfully,
President
Received as information.
The following was introduced:
H. 3644 -- Reps. Robinson, Altman, G. Brown, Neilson, Barrett, Whatley, Stoddard, Simrill, Wilkins, Harrison, Allison, Townsend, Sandifer, Limehouse, Limbaugh, Trotter, Cotty, Kelley, Woodrum, Neal, Young, McKay, Wilder, Webb, M. Hines, Dantzler, Rodgers, Cooper, Koon, Rhoad, Breeland, Bowers, Quinn, Miller, J. Hines, Mason, Mack, Leach, Cromer, Cato, Harvin, Gamble, Campsen, Edge, Littlejohn, Keegan, Davenport, Haskins, Battle, Lee, Harrell, Witherspoon and Hawkins: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO EQUALIZE AMONG THE STATES THE DISTRIBUTION OF FEDERAL GASOLINE TAXES CONTRIBUTED TO THE FEDERAL HIGHWAY TRUST FUND.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3645 -- Rep. Beck: A CONCURRENT RESOLUTION RECOGNIZING AND THANKING THOMAS W. (TOM) GREENE FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE AS MAYOR OF NORTH AUGUSTA AND AS A NORTH AUGUSTA CITY COUNCILMAN AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT FROM PUBLIC OFFICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3646 -- Rep. Beck: A CONCURRENT RESOLUTION COMMENDING MAYOR PRO TEM WILLIAM L. (BILL) GRAY OF NORTH AUGUSTA FOR HIS MANY YEARS OF EXCELLENT PUBLIC SERVICE AS A NORTH AUGUSTA CITY COUNCILMAN AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT FROM OFFICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3647 -- Reps. Battle, Jennings, Whipper, Sheheen, Chellis, Bailey, Gourdine, Barfield, F. Smith, Harvin, J. Brown, Miller, M. Hines, Kinon, Mason, Edge, McMahand, Witherspoon and Baxley: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF NONGAME FISH AND BAIT WHICH MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO FURTHER PROVIDE FOR THE RIVERS WHERE LIVE NONGAME FISH MAY BE USED WITH CERTAIN SET HOOKS AND TO CHANGE THE SIZE OF THE SINGLE-BARBED SET HOOKS WITH WHICH LIVE NONGAME FISH MAY BE USED ON THESE RIVERS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3648 -- Reps. Wilkins, H. Brown, Boan and Koon: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 4 SO AS TO CREATE THE SOUTH CAROLINA ECONOMIC DEVELOPMENT AUTHORITY AND PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES, AND PROVIDE FOR THE DEVOLUTION ON IT OF VARIOUS FUNCTIONS, POWERS, AND DUTIES OF THE DEPARTMENT OF COMMERCE THAT IT CONSIDERS NECESSARY TO ENHANCE ECONOMIC DEVELOPMENT AND GROWTH AND ON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE GROUP PLANS, SO AS TO INCLUDE THE AUTHORITY CREATED BY THIS ACT; TO AMEND SECTIONS 8-11-260 AND 8-17-370, BOTH AS AMENDED, RELATING TO EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE CLASSIFICATION AND COMPENSATION PLAN AND THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT OFFICERS AND EMPLOYEES OF THE AUTHORITY CREATED BY THIS ACT; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS OF "GOVERNMENTAL BODY" FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO EXCLUDE THE AUTHORITY CREATED BY THIS ACT FROM THE DEFINITION; AND TO AMEND SECTION 30-4-20, RELATING TO THE DEFINITION OF "PUBLIC BODY" FOR PURPOSES OF THE SOUTH CAROLINA FREEDOM OF INFORMATION ACT, SO AS TO EXCLUDE THE AUTHORITY CREATED BY THIS ACT FROM THE DEFINITIONS.
Referred to Committee on Ways and Means.
H. 3649 -- Reps. Sharpe, Cooper, Quinn, Felder, Meacham, Dantzler, McMaster, Limehouse, Seithel, Barrett, Keegan, Maddox, Whatley, Chellis, Sandifer, Law, Loftis, Vaughn, McKay, Cato, Easterday, Leach, Simrill, Altman, Rhoad, Stille, Knotts, Hamilton, Witherspoon, Beck, Davenport, Riser, Fleming, Mason, H. Brown, Littlejohn, Carnell, Klauber, Tripp, Stoddard, Kelley, Kinon, Young, Young-Brickell, Robinson, Harrison, R. Smith, Allison, Trotter, Phillips, Woodrum, Delleney, Jordan, Askins, Martin, Barfield, Miller, D. Smith, Walker, Haskins, Edge, Battle, Lanford, Kirsh, Gamble and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-150 SO AS TO DESIGNATE THE MONTH OF APRIL AS "CONFEDERATE HISTORY AND HERITAGE MONTH" IN SOUTH CAROLINA.
Referred to Committee on Judiciary.
H. 3650 -- Reps. Felder, Harrison, Cotty, J. Young, Davenport and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-515 SO AS TO PROVIDE PROCEDURES FOR THE DEPARTMENT OF SOCIAL SERVICES ISSUING A NOTICE OF FINANCIAL RESPONSIBILITY TO PERSONS OWING CHILD SUPPORT; TO AMEND SECTION 12-6-3470, AS AMENDED, RELATING TO THE EMPLOYER TAX CREDIT FOR EMPLOYING PERSONS WHO RECEIVED AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC), SO AS TO CHANGE AFDC TO FAMILY INDEPENDENCE, TO REVISE HEALTH INSURANCE REQUIREMENTS TO OBTAIN THE TAX CREDIT AND TO REVISE PROCEDURES FOR EMPLOYERS OBTAINING INFORMATION ON THE AVAILABILITY OF POTENTIAL EMPLOYEES; TO AMEND SECTION 20-7-941, RELATING TO LICENSE REVOCATION FOR NONPAYMENT OF CHILD SUPPORT, SO AS TO REVISE THE DEFINITION OF "LICENSE" WITH REGARD TO HUNTING, FISHING, OR TRAPPING; TO AMEND SECTION 20-7-944, AS AMENDED, RELATING TO LICENSING ENTITIES WHICH MUST PROVIDE INFORMATION TO THE DEPARTMENT OF SOCIAL SERVICES FOR CHILD SUPPORT ENFORCEMENT, SO AS TO REVISE THE FORM IN WHICH THIS INFORMATION MUST BE PROVIDED; TO AMEND SECTION 20-7-9520, AS AMENDED, RELATING TO SERVING A NOTICE OF FINANCIAL RESPONSIBILITY ON PERSONS OWING CHILD SUPPORT DEBTS, SO AS TO PROVIDE NOTICE FOR A RESCHEDULED OR SUBSEQUENT HEARING; TO AMEND SECTION 20-7-9530, AS AMENDED, RELATING TO PROCEDURES FOR FAILING TO APPEAR FOR A NEGOTIATION CONFERENCE CONCERNING A CHILD SUPPORT OBLIGATION, SO AS TO REQUIRE THE CONFERENCE TO BE RESCHEDULED IF THE PERSON DID NOT RECEIVE PROPER NOTICE; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID AND ASSISTANCE, SO AS TO, AMONG OTHER THINGS, CONFORM PROVISIONS TO THE FAMILY INDEPENDENCE ACT OF 1995, TO REVISE PROVISIONS TO ASSIST IMPLEMENTING THAT ACT AND TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 43-5-580, AS AMENDED, RELATING TO ENFORCEMENT OF SUPPORT OBLIGATIONS OF ABSENT PARENTS, SO AS TO REVISE THE DEFINITION OF AN APPLICANT FOR FAMILY INDEPENDENCE BENEFITS; TO AMEND SECTION 43-5-1110, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995, SO AS TO CHANGE THE TERM "AFDC" TO "FAMILY INDEPENDENCE"; TO AMEND SECTION 43-5-1120, RELATING TO EMPLOYMENT AND TRAINING PROGRAMS FOR FAMILY INDEPENDENCE APPLICANTS, SO AS TO PROVIDE THAT REFERRING CERTAIN APPLICANTS TO A JOB CLUB IS OPTIONAL RATHER THAN MANDATORY; TO AMEND SECTION 43-5-1135, RELATING TO STATE AGENCY GOALS TO EMPLOY WELFARE RECIPIENTS, SO AS TO CONFORM TERMS AND TO ESTABLISH ADDITIONAL GOALS; TO AMEND SECTION 43-5-1150, RELATING TO THE JOB TRAINING AND PARTNERSHIP ACT (JTPA) INCENTIVE FUNDS, SO AS TO ESTABLISH A GOAL OF FORTY PERCENT OF FAMILY INDEPENDENCE RECIPIENTS PARTICIPATING IN JTPA PROGRAMS; TO AMEND SECTION 43-5-1185, RELATING TO FAMILY SKILLS TRAINING PROGRAMS, SO AS TO MAKE PARTICIPATION IN THIS PROGRAM BASED ON NEED RATHER THAN REQUIRED AS A CONDITION OF ELIGIBILITY; TO AMEND SECTION 43-5-1190, RELATING TO AFDC ELIGIBILITY REQUIREMENTS, SO AS TO CONFORM TERM TO "FAMILY INDEPENDENCE" ELIGIBILITY; TO AMEND SECTION 43-5-1200, RELATING TO VEHICLE AND OTHER ASSET LIMITS FOR AFDC ELIGIBILITY, SO AS TO CONFORM TERMS AND EXEMPT ONE VEHICLE FROM THE ASSET LIMIT; TO REPEAL SECTION 43-1-130, RELATING TO THE FEDERAL WORK INCENTIVE PROGRAM; AND TO REPEAL SECTIONS 43-5-510, 43-5-520, 43-5-530, 43-5-540, 43-5-550, 43-5-560, 43-5-570, AND 43-5-640, ALL RELATING TO THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT.
Referred to Committee on Ways and Means.
H. 3651 -- Reps. Felder, Harrison, Cotty, Young, Davenport and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-3-235, 20-7-853, AND 20-7-854; AND BY AMENDING SECTIONS 20-1-220, 20-1-350, 20-7-949, 20-7-957, 44-7-77, AS AMENDED, 44-63-60, AS AMENDED, 44-63-75, 44-63-80, AS AMENDED, 44-63-84, 44-63-86, AND 44-63-110, AS AMENDED, ALL RESPECTIVELY RELATING TO DIVORCE DECREES, ADMINISTRATIVE AND JUDICIAL ORDERS, MARRIAGE LICENSES, OCCUPATIONAL AND PROFESSIONAL LICENSES, BUSINESS LICENSES, DRIVERS' LICENSES, HUNTING, FISHING, OR TRAPPING LICENSES, PATERNITY ORDERS AND ACKNOWLEDGMENTS, BIRTH AND DEATH CERTIFICATES, SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON OR IN THESE DOCUMENTS AND TO EXEMPT THE DEPARTMENT OF SOCIAL SERVICES FROM PAYING A FEE FOR OBTAINING COPIES OF THESE DOCUMENTS IF THE DOCUMENT IS NEEDED FOR THE PURPOSE OF ESTABLISHING PATERNITY OR ESTABLISHING, MODIFYING, OR ENFORCING CHILD SUPPORT; TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO INCOME WITHHOLDING FOR CHILD SUPPORT BY ADDING PART III, SO AS TO ESTABLISH PROCEDURES FOR CREATING, PERFECTING, AND COLLECTING A LIEN FOR PAST-DUE CHILD SUPPORT IN AN AMOUNT EQUAL TO OR GREATER THAN $2,500; TO ADD SECTION 20-7-92, SO AS TO REQUIRE THE COURT TO ORDER TEMPORARY PAYMENT OF CHILD SUPPORT PENDING A JUDICIAL DETERMINATION OF PATERNITY UNDER CERTAIN CONDITIONS; TO ADD SECTION 20-7-855, SO AS TO PROVIDE THAT COPIES OF BILLS FOR TESTING FOR PARENTAGE AND PRENATAL AND POSTNATAL HEALTH CARE ARE PRIMA FACIE EVIDENCE IN PATERNITY ACTIONS FOR EXPENSES INCURRED; TO ADD SECTION 20-7-958 SO AS TO PROVIDE THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CREATES A LEGAL FINDING OF PATERNITY; TO AMEND SECTION 20-7-956 RELATING TO ADMISSIBILITY OF EVIDENCE IN PATERNITY ACTIONS SO AS TO PROVIDE THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CREATES A CONCLUSIVE PRESUMPTION OF PATERNITY; TO AMEND SECTION 44-63-163 RELATING TO BIRTH CERTIFICATES SUBSEQUENT TO A PATERNITY DETERMINATION SO AS TO PROVIDE THAT THE CHANGE ALSO MAY BE MADE UPON A DETERMINATION MADE BY AN ADMINISTRATIVE AGENCY; TO ADD SECTIONS 20-7-1124, 20-7-1126, 20-7-1127, 20-7-1128, 20-7-1129, 20-7-1153, 20-7-1155; TO AMEND SECTIONS 20-7-965, AS AMENDED, 20-7-1010, AS AMENDED, 20-7-1040, 20-7-1100, 20-7-1125, 20-7-1152, AND 20-7-1154, ALL RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO CONFORM THIS ACT TO THE ACT AS REVISED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO INCOME WITHHOLDING SO AS TO REVISE DEFINITIONS AND TO REVISE CONDITIONS UNDER WHICH INCOME WITHHOLDING IS IN EFFECT; TO ADD SECTION 20-7-9570; TO AMEND SECTIONS 20-7-9505, AS AMENDED, AND 20-7-9510, RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ADMINISTRATIVELY CHANGE A GOVERNMENTAL PAYEE WHEN THE CHILD SUPPORT CASE IS SUBJECT TO ASSIGNMENT OR REQUIRED TO BE PAID THROUGH A GOVERNMENTAL ENTITY AND TO REVISE DEFINITIONS; TO ADD SECTION 20-7-856 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO REMIT TO THE FEDERAL GOVERNMENT ITS SHARE OF FINES COLLECTED FOR FAILING TO COMPLY WITH SUBPOENAS AND CERTAIN CHILD SUPPORT ENFORCEMENT REQUIREMENTS; TO ADD SECTION 20-7-9575 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE ADMINISTRATIVE SUBPOENAS; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT SO AS TO AUTHORIZE THE COURT TO ENFORCE ADMINISTRATIVE SUBPOENAS ISSUED BY THE DEPARTMENT; TO AMEND SECTION 27-23-10 RELATING TO VOIDING CONVEYANCES MADE TO DEFRAUD CREDITORS SO AS TO PROVIDE CONDITIONS UNDER WHICH A REBUTTABLE PRESUMPTION IS CREATED THAT A CHILD SUPPORT DEBTOR INTENDED TO TRANSFER INCOME OR PROPERTY TO AVOID PAYMENT TO A CHILD SUPPORT CREDITOR; TO ADD SECTIONS 43-5-595, 43-5-596, AND 43-5-597; AND TO AMEND SECTION 41-29-170, AS AMENDED, SECTION 43-5-590, AS AMENDED, RELATING TO INFORMATION TO BE PROVIDED BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO THE DEPARTMENT OF SOCIAL SERVICES AND RELATING TO THE DEPARTMENT'S DUTIES RELATIVE TO THE STATE CHILD SUPPORT PLAN, SO AS TO CLARIFY EMPLOYERS WHO MUST PROVIDE INFORMATION TO THE DEPARTMENT FOR THE PURPOSE OF THE ESTABLISHMENT OF PATERNITY OR THE ESTABLISHMENT, NOTIFICATION, OR ENFORCEMENT OF A SUPPORT OBLIGATION, TO REQUIRE UTILITY COMPANIES AND FINANCIAL INSTITUTIONS TO PROVIDE INFORMATION ON ITS CUSTOMERS FOR SUCH PURPOSES, TO PROVIDE IMMUNITY FROM LIABILITY FOR DISCLOSURE OF SUCH INFORMATION AND TO SPECIFY INFORMATION THE EMPLOYMENT SECURITY COMMISSION MUST PROVIDE; TO ADD SECTION 43-5-598 SO AS TO REQUIRE EMPLOYEES TO REPORT INFORMATION TO THE DEPARTMENT ON EMPLOYEES WHO ARE NEWLY HIRED; TO AMEND SECTION 43-5-610 RELATING TO THE CENTRAL REGISTRY OF RECORDS MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES SO AS TO REVISE THE INFORMATION TO BE MAINTAINED AND TO WHOM INFORMATION MAY BE RELEASED; AND TO REPEAL SECTION 43-5-222 RELATING TO THE PORTION OF CHILD SUPPORT PAYMENTS TO BE PAID TO WELFARE RECIPIENTS.
Referred to Committee on Ways and Means.
H. 3652 -- Reps. Beck, J. Hines, Seithel, Neilson, Cato, Mason, Allison, Clyburn, Whatley, R. Smith, Lee, Davenport, McCraw, Keegan, Spearman, Breeland, Kelley, Easterday, Edge, Miller, Witherspoon, Boan, Hamilton, Harrell, Mack, Hawkins, Battle and Jennings: A BILL TO AMEND SECTION 59-67-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF SCHOOL BUSES OWNED AND OPERATED BY A PRIVATE SCHOOL OR UNDER CONTRACT FOR A PRIVATE SCHOOL, SO AS TO REVISE THE PROVISIONS PERTAINING TO PAINTING, LETTERING, AND USE OF STOP ARMS AND WARNING LIGHTS ON THESE VEHICLES OWNED AND OPERATED OR UNDER CONTRACT.
Referred to Committee on Education and Public Works.
H. 3653 -- Rep. Littlejohn: A BILL TO AMEND SECTION 12-36-2610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENTS OF THE SALES AND USE TAX, SO AS TO INCREASE THE DISCOUNT ALLOWED ON RETURNS WITH LESS THAN ONE HUNDRED DOLLARS DUE FROM 3.00 TO 3.25 PERCENT AND ON OTHER RETURNS FROM 2.00 TO 2.25 PERCENT.
Referred to Committee on Ways and Means.
H. 3654 -- Reps. Bauer, Altman, Felder, J. Brown, Campsen, Seithel, Cotty, J. Hines, Bailey, Inabinett, Barfield, Allison, Chellis, Cato, Mason, Meacham, Knotts, Koon, Fleming, Simrill, D. Smith, Whatley, Bowers, Phillips, Stille, Walker, Easterday, Rodgers, McKay, Trotter, Neilson, Gamble, R. Smith, Young, Barrett, Sandifer, Koon, Witherspoon, Davenport, Tripp, Wilder, McLeod, Riser, Harvin, Leach, Littlejohn, Young-Brickell, Haskins, Lee, Jordan and Pinckney: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ASSESSMENT RATIO APPLICABLE TO CERTAIN PERSONAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A SEPARATE CLASS FOR CERTAIN PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, AND TO PROVIDE THE ASSESSMENT RATIOS FOR THE NEW CLASS.
Referred to Committee on Ways and Means.
H. 3655 -- Reps. Bauer, F. Smith, Davenport, Mason, Easterday, J. Hines, Sheheen, Baxley, Altman, M. Hines, Govan, Cobb-Hunter, Koon, Inabinett, Cotty, Neal, Cooper, Kinon, Neilson, Barfield, Robinson, Simrill, Hawkins, Knotts, Chellis, Hamilton, Trotter, M. Hines, Mullen, Kennedy, Sandifer, Witherspoon, Loftis, Leach, Quinn, R. Smith, Tripp, Gourdine, Edge, Riser, Allison, Sharpe, Limehouse, Byrd, Felder, McKay, J. Smith, Stoddard, Pinckney, Lanford, Fleming, Carnell, Bowers, Keegan, Webb, Whatley, Byrd, Limbaugh, Phillips, Gamble, Wilder, Cato, Harrell, Spearman, Haskins, Jennings, Harvin, Townsend, Littlejohn, Battle and Bailey: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM TAX ON THE SALE OF CERTAIN ITEMS, SO AS TO LIMIT THE TAX ON A BOAT AND BOAT TRAILER PURCHASED TOGETHER TO A SINGLE SALE.
Referred to Committee on Ways and Means.
The following was introduced:
H. 3656 -- Reps. T. Brown, Kennedy and Harvin: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE BENJAMIN J. GORDON, JR. OF WILLIAMSBURG COUNTY FOR HIS MORE THAN SEVENTEEN YEARS OF OUTSTANDING SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND CONGRATULATING HIM ON THE VINDICATION OF HIS GOOD NAME AND REPUTATION ESTABLISHED DURING THAT SERVICE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
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. Campsen Carnell Cato Cave Chellis Cobb-Hunter Cooper Cromer Dantzler Delleney Easterday Edge Felder Fleming Gamble Gourdine Hamilton Harrell Harrison Harvin Hawkins Hines, J. Hines, M. Hinson Hodges Howard Inabinett 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 Miller Moody-Lawrence Mullen Neilson Parks Phillips Pinckney Rhoad Rice Riser Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, March 13.
Ronald P. Townsend G. Ralph Davenport, Jr. Douglas Jennings, Jr. William Clyburn Ralph W. Canty Joseph H. Neal Alma W. Byrd Jerry N. Govan, Jr. Bill Cotty
LEAVES OF ABSENCE
The SPEAKER granted Rep. ROBINSON a leave of absence for the day.
The SPEAKER granted Rep. TRIPP a leave of absence for the day.
The SPEAKER granted Rep. MEACHAM a leave of absence for the day.
Announcement was made that Dr. William Hester of Florence is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3641 -- Rep. Harvin: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 5 AND 6, 1996, BY THE STUDENTS OF CLARENDON COUNTY SCHOOL DISTRICTS 1, 2, AND 3 IN CLARENDON COUNTY FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS 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.
S. 14 -- Senator Short: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 16, 1996, MISSED BY THE STUDENTS OF MCCROREY-LISTON ELEMENTARY SCHOOL OF THE FAIRFIELD COUNTY SCHOOL DISTRICT DUE TO THE LACK OF WATER IN THE SCHOOL, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
H. 3643 -- Reps. Young-Brickell, Bailey, Cobb-Hunter, Chellis and Harrell: A BILL TO ESTABLISH THE DORCHESTER COUNTY BOARD OF ELECTIONS AND REGISTRATION AND PROVIDE FOR ITS MEMBERSHIP AND GOVERNANCE, AND TO ABOLISH THE DORCHESTER COUNTY ELECTION COMMISSION AND THE DORCHESTER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS POWERS AND DUTIES IN THE BOARD ESTABLISHED BY THIS ACT.
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.
Rep. LAW explained the Bill.
H. 3632 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR, RELATING TO CHILD LABOR, DESIGNATED AS REGULATION DOCUMENT NUMBER 2143, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LAW explained the Joint Resolution.
H. 3633 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR, RELATING TO AMUSEMENT RIDES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2155, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LAW explained the Joint Resolution.
H. 3634 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, RELATING TO PROCEDURES FOR MAKING WRITTEN MOTIONS, PETITIONS, AND APPLICATIONS TO THE BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 2156, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LAW explained the Joint Resolution.
H. 3636 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ACCOUNTANCY, RELATING TO LICENSING AND PRACTICE OF PUBLIC ACCOUNTANTS AND CERTIFIED PUBLIC ACCOUNTANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2141, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. GAMBLE explained the Joint Resolution.
On motion of Rep. YOUNG-BRICKELL, with unanimous consent, it was ordered that H. 3643 be read the third time tomorrow.
On motion of Rep. LAW, with unanimous consent, it was ordered that H. 3632 be read the third time tomorrow.
On motion of Rep. LAW, with unanimous consent, it was ordered that H. 3633 be read the third time tomorrow.
On motion of Rep. LAW, with unanimous consent, it was ordered that H. 3634 be read the third time tomorrow.
On motion of Rep. CATO, with unanimous consent, it was ordered that H. 3636 be read the third time tomorrow.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3108 -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-85 SO AS TO PROVIDE FOR EDUCATIONAL
REQUIREMENTS FOR LICENSURE AS A BAIL BONDSMAN, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.
H. 3121 -- Reps. Kelley and Bauer: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 51 SO AS TO PROVIDE FOR THE ISSUANCE OF "SOUTH CAROLINA: FIRST IN GOLF" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.
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 following Bill was taken up.
H. 3286 -- Rep. Sharpe: A BILL TO AMEND SECTION 2 OF ACT 387 OF 1996 RELATING TO THE ONE-YEAR PERIOD WITHIN WHICH A PERMANENT WAIVER OF EDUCATIONAL REQUIREMENTS MAY BE GRANTED TO A MASSAGE/BODYWORK THERAPY APPLICANT FOR LICENSURE WHO MEETS CERTAIN OTHER REQUIREMENTS, SO AS TO REVISE THE AMOUNT OF TIME REQUIRED IN PROFESSIONAL PRACTICE AS A THERAPIST FROM FOUR YEARS TO ONE YEAR.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7145AC.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-30-80(8) of the 1976 Code, as added by Act 387 of 1996, is amended to read:
"(8) continuing education course provider fee application, not to exceed one hundred dollars and continuing education course provider renewal fee, not to exceed fifty dollars.;
(9) continuing education course initial application fee, not to exceed one hundred dollars and continuing education course renewal fee, not to exceed fifty dollars;
(10) late renewal fee, not to exceed fifty dollars."
SECTION 2. Section 40-30-180 of the 1976 Code, as added by Act 387 of 1996, is amended to read:
"(A) A person licensed under this chapter biennially must satisfy these license renewal requirements in order to continue practicing massage/bodywork therapy:
(1) pay a renewal fee in the amount, at the time, and in the manner as the department provides in regulation;
(2) submit evidence of compliance with continuing education requirements prescribed by the department in accordance with Section 40-30-190.
A massage/bodywork therapist's license automatically reverts to may be renewed in inactive status if the massage/bodywork therapist fails to timely comply with the continuing education requirements provided for in this subsection and only may be reinstated reactivated upon application and payment of any fees and after having met any additional requirements which the department may establish in regulation including, but not limited to, continuing education requirements.
(B) A license which has been inactive for more than four years automatically expires if the person has not made application for renewal reactivation of the license. An expired license is null and void without any further action by the department."
SECTION 3. Section 40-30-220(B) of the 1976 Code, as added by Act 387 of 1996, is amended to read:
"(B) In accordance with the South Carolina Rules of Civil Procedure Administrative Procedures Act, the disciplinary panel or the department also may seek from an administrative law judge other equitable relief to enjoin the violation or intended violation of this chapter or a regulation promulgated under this chapter."
SECTION 4. Section 40-30-310(B) of the 1976 Code, as added by Act 387 of 1996, is amended to read:
"(B) The department may institute civil action in the circuit court through the administrative law division, in the name of the State, for injunctive relief against any person violating the provisions of this chapter or the regulations or orders of the department or disciplinary panel. For each violation, the court may in its discretion, impose a fine of no more than one thousand dollars."
SECTION 5. Section 2 of Act 387 of 1996 is amended to read:
"SECTION 2. Notwithstanding Section 40-30-110 of the 1976 Code, as added by Section 1 of this act, if an applicant for licensure as a massage/bodywork therapist does not meet the approved educational requirements or and/or has not passed the National Certification Exam or any other national examination for massage/bodywork therapy that meets the educational requirements of this chapter and has been certified by the National Commission for Certifying Agencies, at the time this act goes into effect, then for a period of one year after the effective date of this act, the department permanently may waive the educational and examination requirements and allow a provisional license to be issued; however, the applicant must pay all applicable fees. The applicant must be for a period of one year if the applicant:
(a) was practicing in the State at the time the application is submitted and on or before June 4, 1997;
(b) provides documentation of at least one hundred twenty-five hours of massage/bodywork experience and/or training within a one-year period before application is made must be provided to the department in the manner and form as the department may require including, but not limited to:;
(1) documentation establishing the professional practice of massage/bodywork, as defined in Section 40-30-30, for four years preceding the application; and
(2)(c) submits three letters of reference from sources approved by the department attesting to the professional qualifications and competence of the applicant.
Within If within one year after the provisional license is issued, the applicant must submit submits evidence of compliance with continuing education requirements prescribed by the department in accordance with Section 40-30-190 to be granted a renewed license a non-provisional renewal license may be issued."
SECTION 6. Notwithstanding the provisions of Title 40, Chapter 30 of the 1976 Code, as amended by this act, until June 4, 1998, Title 40, Chapter 30 applies only to persons licensed to practice massage/bodywork.
SECTION 7. This act takes effect June 4, 1997./
Renumber sections to conform.
Amend totals and title to conform.
Rep. PARKS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. J. BROWN, with unanimous consent, it was ordered that H. 3286 be read the third time tomorrow.
The following Bill was taken up.
H. 3175 -- Rep. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; BY ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS; TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE THOSE CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; AND TO REPEAL CHAPTER 10 OF TITLE 6 RELATING TO THE SOUTH CAROLINA BUILDING ENERGY EFFICIENCY STANDARD ACT.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20360DW.97).
Amend the bill, as and if amended, by striking SECTION 2 and inserting the following:
/SECTION 2. The 1976 Code is amended by adding:
"Section 38-7-35. (A) The first one hundred and seventy-five thousand dollars of the revenue collected annually pursuant to Section 38-7-30 must be transferred to the Department of Labor, Licensing and Regulation for the purpose of implementing the training, certification, and continuing education program for building codes enforcement officers as provided in Section 6-8-70 and by law.
(B) The Department of Labor, Licensing and Regulation shall report annually to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee detailing actual program expenditures including, but not limited to, the number of instructors employed, the number of training sessions conducted, and the number of certifications issued. This report must be submitted to the respective chairman no later than January fifteenth of each year."/
Amend the bill further ,as and if amended, page 7, by striking Section 6-9-50(A), as contained in Section 3, lines 1-16, and inserting:
/SECTION 3. Section 6-9-50(A) of the 1976 Code is amended to read:
"Section 6-9-50. (A) County governing bodies have the authority to establish codes and promulgate regulations under this chapter for the entire unincorporated area of the county or for any specified portion of the unincorporated area. Municipalities and counties shall adopt by reference only those provisions of the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction which directly relate to building and safety standards within their respective jurisdictions: Standard Building Code, Standard Gas Code, Standard Plumbing Code, Standard Mechanical Code, the Standard Fire Prevention Code, as published by the Southern Building Code Congress International, Inc., the Model Energy Code as published by the Council of American Building Officials, and the National Electrical Code, as published by the National Fire Protection Association. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adoption ordinance. However, the provisions of the codes provided in this section concerning the qualification, removal, dismissal, duties, responsibilities, and administrative procedures regarding all building officials, deputy building officials, chief inspectors, any inspector, and assistants do not apply unless otherwise adopted by the applicable governing body."/
Amend further, page 7, by striking Section 6-9-60(A) as contained in SECTION 3, beginning on line 39 and continuing on page 8, lines 1-21, and inserting:
/(A) Municipalities or and counties are authorized to may adopt by reference only those provisions of the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction which directly relate to building and safety standards within their respective jurisdictions: Standard Building Code, Standard Housing Code, Standard Gas Code, Standard Plumbing Code, Standard One and Two Family Dwelling Code, Standard Mechanical Code, Standard Fire Prevention Code Standard Existing Building Code, Standard Swimming Pool Code, the Standard Excavation and Grading Code, National Electrical Code, and National Fire Protection Association Gas Codes as published by the Southern Building Code Congress International, Inc., and the One and Two Family Dwelling Code, as published by the Council of American Building Officials. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adopting ordinance. However, the provisions of the codes provided in this section concerning the qualification, removal, dismissal, duties, responsibilities, and administrative procedures regarding all building officials, deputy building officials, chief inspectors, any inspector, and assistants do not apply unless otherwise adopted by the applicable governing body. If a county or municipality adopts the One and Two Family Dwelling Code, the One and Two Family Dwelling Code shall take precedence over the Standard Building Code for dwellings as defined in the Standard Building Code. Should any city, town, If a municipality or county contend contends that the codes authorized by this chapter do not meet its needs due to local physical or climatological conditions, the variations and modifications must be submitted for approval to a the South Carolina Building Code Codes Council of thirteen fifteen members which is established in this section."/
Amend further, page 8, by striking Section 6-9-60(B), as contained in SECTION 3, beginning on line 22 and continuing on page 9, lines 1-33, and inserting:
/"(B) Members of this the council must be appointed by the Governor for terms of four years each and until a successor is appointed and qualifies. The council shall consist of include an (1) architect registered in South Carolina, representatives (2) a municipal administrator, manager, or elected official from the Municipal Association of South Carolina, (3) a county administrator, manager, or elected official the South Carolina Association of Counties, the Building Officials' Association of South Carolina, South Carolina Building Trade Council, (4) a representative from of the electric utility electrical industry who is either an engineer or master electrician registered in South Carolina, a representative of the Carolinas Branch of the Associated General Contractors of America, Inc., representatives from the gas, electric, and plumbing industries, a representative of the Home Builders Association of South Carolina, (5) a general contractor licensed in South Carolina, (6) a residential home builder licensed in South Carolina, (7) a handicapped disabled person, and the Chief Engineer of the State Budget and Control Board (8) a representative of the mechanical and gas industries who is either an engineer registered in South Carolina or a master mechanic, (9) a representative of the plumbing industry who is either an engineer registered in South Carolina or a master plumber, (10) a representative designated by the State Engineer of the Budget and Control Board, (11) a structural engineer registered in South Carolina, (12) a representative of the general public who is not in the practice of home or safety inspection, construction, or building, who does not have any financial interest in these professions, and who does not have any immediate family member in these professions, (13) a representative designated by the State Fire Marshal, (14) a representative from the Manufactured Housing Institute of South Carolina who shall serve as a nonvoting member, and (15) a representative designated by the Director of the State Energy Office of the Budget and Control Board who shall serve as a nonvoting member. At least one member of the council must be a member of each of the congressional districts, to be appointed, if positions become vacant, in the order provided below or as resignations occur. A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term. The primary function of the council is to decide to what extent any a jurisdiction may vary from the series of codes listed in this section chapter in the establishment of construction standards. The council shall monitor the adoption of building codes by cities municipalities and counties to insure ensure compliance with this chapter. Of the members initially appointed by the Governor, four shall serve for terms of two years, four shall serve for four years, and five shall serve for terms of six years. After the initial appointment, all appointments are for terms of six years. Members of the council shall receive mileage, subsistence, and per diem as provided for other state boards, committees, or commissions for attendance at board meetings called by the chairman. The council shall elect from its appointive members a chairman, vice-chairman, and secretary. The council shall adopt regulations not inconsistent consistent with this chapter. Meetings may be called by the chairman on his own initiative and must be called by him at the request of three or more members of the council. All members must be notified by the chairman in writing of the time and place of meeting at least seven days in advance of the meeting. Seven members constitute a quorum. All meetings are open to the public. At least two-thirds vote of those members in attendance at the meeting constitutes an official decision of the council."/
Amend further, page 10, by striking lines 19-28, Section 6-9-70(A), as contained in SECTION 3, and inserting:
/Section 6-9-70(A) of the Code of Laws is amended to read:
"Section 6-9-70. (A) The violation of any of the codes or regulations adopted pursuant to the provisions of this chapter is declared to be a misdemeanor, and any A person violating found to be in violation of the building codes or regulations adopted pursuant to the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one hundred dollars or imprisonment of not more than thirty days fined, by civil fine, in an amount not more than two hundred dollars. Each day the violation continues is a separate offense. However, this provision does not prevent a county or municipality from exercising its authority to impose by ordinance criminal sanctions of a fine of not more than two hundred dollars or imprisonment for not more than thirty days in lieu of the civil penalties required by this provision."/
Amend further, page 11, by striking Section 6-9-90, as contained in SECTION 3, lines 9-18, and inserting:
/"Section 6-9-90. County or municipal governing bodies are authorized to appropriate and expend funds to implement the provisions of this chapter. Notwithstanding any other provision of law, the governing body of a county or municipality may impose fees necessary to implement and continue the programs required by this chapter."/
Amend further, page 12, lines 17-22, by striking SECTION 5, and inserting:
/SECTION 5. The public policy of South Carolina is to maintain reasonable standards of construction in buildings and other structures in the State consistent with the public health, safety, and welfare of its citizens. To secure these purposes a person performing building codes enforcement must be certified by the South Carolina Building Codes Council, and this act is necessary to provide for certification. To clarify the intent of the General Assembly and address questions which might arise or have arisen with respect to provisions of the nationally known codes which have been or are in place, only those portions or provisions of the nationally known building and safety codes which relate to building standards and safety are binding upon any state or local governmental entity or agency which adopts the building and safety codes authorized or required by Chapter 9 of Title 6 of the South Carolina Code of Laws./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAILEY explained the amendment.
Rep. FLEMING made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3635 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF FINANCIAL INSTITUTIONS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2069, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. GAMBLE explained the Joint Resolution.
Rep. SCOTT made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
On motion of Rep. CATO, with unanimous consent, Regulation No. 2166 was recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary.
The Senate amendments to the following Bill were taken up for consideration.
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.
Rep. CATO explained the Senate amendments.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Concurrent Resolution was taken up.
H. 3388 -- Rep. Rice: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF US HIGHWAY 25 AND US HIGHWAY 123 IN GREENVILLE COUNTY IN HONOR OF THE LATE DR. HAROLD B. SIGHTLER, DISTINGUISHED PASTOR OF THE TABERNACLE BAPTIST CHURCH IN GREENVILLE FOR OVER FORTY YEARS.
Whereas, the members of the General Assembly believe that the late Dr. Harold B. Sightler, Pastor of the Tabernacle Baptist Church in Greenville for over forty years, was one of the most distinguished ministers in South Carolina; and
Whereas, Dr. Sightler graduated from Furman University in 1946 and served as pastor of the First Baptist Church of Mauldin and the Pellham Baptist Church before establishing the Tabernacle Baptist Church in 1952, which is now one of the great churches of our State and nation; and
Whereas, the church currently supports three hundred eighty missionaries, and seventy percent of the income goes to mission work. Two radio stations are owned and operated by the church. In addition, the church operates a children's home, an apartment complex for its widows, and a school from K - 3. The church owns over fifty acres on campus, and the membership now numbers in the thousands; and
Whereas, Dr. Sightler during his life traveled to many foreign countries preaching the Word of God to peoples of many nations and from all walks of life; and
Whereas, the members of the General Assembly believe that it is an appropriate tribute to this outstanding South Carolinian and man of God if the intersection of US Highway 25 and US Highway 123 in Greenville were named in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby request the Department of Transportation to designate and name the intersection of US Highway 25 and US Highway 123 in Greenville County in honor of the late Dr. Harold B. Sightler, distinguished pastor of the Tabernacle Baptist Church in Greenville for over forty years. The department is further requested to install appropriate markers or signs at this intersection as the department considers advisable reflecting the naming of this intersection for Dr. Sightler.
Be it further resolved that a copy of this resolution be forwarded to
the Department of Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 348 -- Senator O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 8 AT THE SALUDA RIVER IN ANDERSON COUNTY IN HONOR OF THE LATE JOHN ALFRED PHIBBS AND TO ERECT APPROPRIATE MARKERS OR SIGNS.
Whereas, the late John Alfred Phibbs of Pelzer was a tireless public servant and a widely respected educator who served Anderson County School District One for 46 years; and
Whereas, Mr. Phibbs was a graduate of Newberry College and the University of South Carolina where he received a master's degree; and
Whereas, his selfless service to the citizens of the Pelzer community included 35 years of service as member and President of the Pelzer Lions Club with perfect attendance; and
Whereas, Mr. Phibbs was a Life Member of Pelzer Masonic Lodge #217; and
Whereas, he was a member of Pelzer First Baptist Church where he taught Sunday school for 41 years, served as a deacon for 40 years, and was elected numerous times as Chairman of the Deacons Board; and
Whereas, Mr. Phibbs was an educator and role model to Anderson County youths when he held the position of Assistant Principal of Palmetto High School for 36 years; and
Whereas, the John A. Phibbs National Honor Society was established in his honor at Palmetto High School and the school's annual, "The Palmetto Log," was dedicated to him in 1954, 1972, and 1983; and
Whereas, the members of the General Assembly believe it would be a fitting tribute to this outstanding South Carolinian if the Department of Transportation were to name a particular bridge in Anderson County in his honor. Now, therefore,
Be it further resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly hereby request the Department of Transportation to name the bridge on Highway 8 at the Saluda River in honor of the late John Alfred Phibbs and to erect appropriate markers or signs.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. SCOTT moved that the House recur to the morning hour, which was agreed to.
On motion of Rep. EASTERDAY, with unanimous consent, the following was taken up for immediate consideration:
H. 3657 -- Reps. Hamilton and Haskins: A HOUSE RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE CHAMBER ON NOVEMBER 12, 13, AND 14, 1997, FOR ITS ANNUAL MEETING.
Be it resolved by the House of Representatives:
That the South Carolina Student Legislature is allowed the use of the Chamber of the House of Representatives at its temporary location on November 12, 13, and 14, 1997, for its annual meeting. If the House of Representatives is in statewide session on any of these days, the House Chamber may not be used on these days.
Be it further resolved that no expense may be charged to the South Carolina Student Legislature for the use of the House Chamber and the use must be in strict accordance with the policies of the House of Representatives.
The Resolution was adopted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 3658 -- Reps. Loftis, Altman, Limehouse, Limbaugh, Simrill, H. Brown, Chellis, R. Smith, Neilson, Barrett, Seithel, Vaughn, Carnell, Hinson, Sandifer, Jordan, Mason, Law, Kelley, Woodrum, Cotty, Knotts, Davenport, Cooper, Allison, Leach, Hamilton, Koon, Littlejohn, Stoddard, Easterday, Bailey, Haskins, Riser, Harrison, Trotter, Phillips, Gamble, Robinson, Rhoad, Stille, Witherspoon, Mullen, Sharpe, Campsen, Rice, Beck, D. Smith, Keegan, Miller, Felder, Fleming, Boan, Tripp, Young, Wilder, Young-Brickell, Delleney, J. Hines, Kirsh, McMaster, Meacham, Cato, Klauber, Jennings, Spearman, Martin, Quinn, F. Smith, McMahand, Rodgers, McKay, Whatley, Townsend, Harrell, Bauer, Lanford and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-45 SO AS TO ESTABLISH A PROCEDURE FOR THE STATE BOARD OF EDUCATION TO ADD TEXTBOOKS TO THE LIST OF TEXTBOOKS APPROVED FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE.
Referred to Committee on Education and Public Works.
On motion of Rep. HINSON, with unanimous consent, the following was taken up for immediate consideration:
H. 3659 -- Rep. Hinson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE STRATFORD HIGH SCHOOL KNIGHTS, COACHES, ASSISTANTS, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, MARCH 26, 1997, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1996 AAAA STATE BASEBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Stratford High School Knights, Coaches, Assistants, and other school officials on Wednesday, March 26, 1997, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1996 AAAA State Baseball Championship.
The Resolution was adopted.
The following was introduced:
H. 3660 -- Rep. Hinson: A CONCURRENT RESOLUTION CONGRATULATING THE STRATFORD HIGH SCHOOL KNIGHTS OF GOOSE CREEK AND COACH JOHN CHALUS FOR THEIR FIRST EVER AAAA STATE BASEBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. HINSON, with unanimous consent, the following was taken up for immediate consideration:
H. 3661 -- Rep. Hinson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE STRATFORD HIGH SCHOOL LADY KNIGHTS, COACHES, ASSISTANTS, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, MARCH 26, 1997, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1996 AAAA STATE SOFTBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Stratford High School Lady Knights, Coaches, Assistants, and other school officials on Wednesday, March 26, 1997, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the AAAA State Softball Championship.
The Resolution was adopted.
The following was introduced:
H. 3662 -- Rep. Hinson: A CONCURRENT RESOLUTION COMMENDING THE STRATFORD HIGH SCHOOL LADY KNIGHTS OF GOOSE CREEK, SOUTH CAROLINA, AND COACH DEBRA TOLAR FOR THEIR 31-6 SEASON, CAPPED BY WINNING THE AAAA STATE SOFTBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. SCOTT moved that the House do now adjourn, which was adopted.
At 10:45 A.M. the House in accordance with the motion of Rep. WEBB adjourned in memory of Dr. Dick Spray of Clemson, to meet at 10:00 A.M. tomorrow.
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