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:
Our Father God, the unfailing Reality behind every shadow, we close the door of the noisy world as we pause at this altar of prayer. May our failures prove as but stepping stones to our better selves. Use us as builders of roads of concord which shall make rough places smooth, deep ruts level, and bridges of understanding to span the chasms over which glad and thankful feet shall pass - both in this generation and in the generations to follow.
God of all mercy, hear our prayer. 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. STODDARD moved that when the House adjourns, it adjourn in memory of Faye W. Taylor of Fountain Inn, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3379 -- Rep. Haskins: A BILL TO AMEND TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 SO AS TO ENACT THE UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT WHICH PERMITS A PERSON TO REGISTER A SECURITY IN BENEFICIARY FORM INDICATING HIMSELF AS THE PRESENT OWNER WITH A DESIGNATION OF A BENEFICIARY TO TAKE OWNERSHIP AT HIS DEATH.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 56 -- Senator Wilson: A BILL TO PROVIDE THAT "REGISTER OF MESNE CONVEYANCES" SHALL MEAN "REGISTER OF LAND CONVEYANCES" FOR PURPOSES OF THE LAWS OF THIS STATE, AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THESE REFERENCES.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3961 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2115 SO AS TO PROVIDE FOR THE MANNER IN WHICH A PERSON WHO HAS BEEN DISQUALIFIED FROM DRIVING A COMMERCIAL VEHICLE FOR ONE YEAR OR MORE MAY BE RE-EXAMINED TO OBTAIN A COMMERCIAL DRIVER LICENSE; TO AMEND SECTION 56-1-2030, RELATING TO DEFINITIONS CONTAINED IN THE COMMERCIAL DRIVER LICENSE ACT, SO AS TO REVISE THE DEFINITION OF "OUT-OF-SERVICE ORDER"; TO AMEND SECTION 56-1-2060, RELATING TO AN EMPLOYER'S RESPONSIBILITY REGARDING THE OPERATION OF A COMMERCIAL MOTOR VEHICLE BY HIS EMPLOYEE, SO AS TO PROVIDE THAT AN EMPLOYER WHO KNOWINGLY ALLOWS, PERMITS, OR AUTHORIZES A PERSON TO DRIVE A COMMERCIAL MOTOR VEHICLE DURING A PERIOD WHICH THE VEHICLE OR DRIVER IS SUBJECT TO AN OUT-OF-SERVICE ORDER IS SUBJECT TO A CIVIL FINE; TO AMEND SECTION 56-1-2070, RELATING TO PROHIBITIONS AGAINST AND EXCEPTIONS TO CERTAIN PROHIBITIONS AGAINST DRIVING A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE, SO AS TO DELETE AN OBSOLETE REFERENCE, AND TO PROVIDE PENALTIES FOR A PERSON WHO ILLEGALLY OPERATES A COMMERCIAL MOTOR VEHICLE; TO AMEND SECTION 56-1-2080, RELATING TO QUALIFICATIONS FOR A COMMERCIAL DRIVER LICENSE, THE ADMINISTRATION OF THE DRIVER SKILLS TEST, CERTAIN PERSONS TO WHOM A COMMERCIAL DRIVER LICENSE MAY NOT BE ISSUED, AND THE COMMERCIAL DRIVER INSTRUCTION PERMIT, SO AS TO DELETE THE PROVISIONS THAT PERMIT A WAIVER OF THE COMMERCIAL DRIVER LICENSE SKILLS TESTS TO CERTAIN COMMERCIAL DRIVER LICENSE APPLICANTS; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER LICENSE, SO AS TO REVISE THE PROVISIONS RELATING TO CLASSIFICATIONS, ENDORSEMENTS, AND RESTRICTIONS; TO AMEND SECTION 56-1-2120, RELATING TO THE PROHIBITION AGAINST DRIVING A COMMERCIAL VEHICLE WITH A MEASURABLE AMOUNT OF ALCOHOL, SO AS TO PROHIBIT AN ON-DUTY DRIVER OF A COMMERCIAL VEHICLE FROM POSSESSING AN ALCOHOLIC BEVERAGE WHICH IS NOT PART OF THE MANIFEST AND TRANSPORTED AS PART OF THE SHIPMENT.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 38 -- Senators Land and Giese: A BILL TO AMEND SECTION 23-6-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE HIGHWAY PATROL DIVISION, AND STATE POLICE DIVISION AND THEIR DISTINCTIVE UNIFORMS AND EMBLEMS, SO AS TO REQUIRE THE HIGHWAY PATROL DIVISION TO TRANSFER THE SERVICE REVOLVER OF AN ACTIVE DUTY TROOPER KILLED IN THE LINE OF DUTY TO HIS SURVIVING SPOUSE AT NO CHARGE UPON REQUEST ONCE THE REVOLVER HAS BEEN RENDERED INOPERABLE.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 157 -- Senator Passailaigue: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3443 -- Rep. Askins: A BILL TO AMEND SECTION 12-36-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES TAX DUE ON THE SALE OF A MOTOR VEHICLE TO A RESIDENT OF ANOTHER STATE FOR LICENSING IN THE OTHER STATE, SO AS TO EXTEND THIS CALCULATION OF THE TAX DUE TO BOATS AND MOTORS SOLD TO A RESIDENT OF ANOTHER STATE FOR LICENSING IN THE OTHER STATE.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3608 -- Reps. Easterday, McMaster, F. Smith, Young-Brickell, Altman, Cave, Stille, R. Smith, Simrill, Askins, Lloyd, Kelley, Seithel, Rice, Cooper, Govan, Cato, Edge, McMahand, Stoddard, Sandifer, Haskins, Wilkins, Harrison, Loftis, Sharpe, Hamilton, Trotter, Keegan, Beck, Witherspoon, Phillips, Law, Littlejohn, Barfield, Davenport, Riser, Barrett, Rodgers, Campsen, Limehouse, Felder, McCraw, Bauer, Byrd, McLeod, Whatley, Delleney, Baxley, Harrell, Tripp, Vaughn, Mason, Limbaugh, Lanford, McKay, Townsend, T. Brown, Wilder, Leach, D. Smith, Moody-Lawrence and Inabinett: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A DEDUCTION FOR AMOUNTS PAID FOR HEALTH INSURANCE PREMIUMS BY SELF-EMPLOYED PERSONS TO THE EXTENT THAT THE COST OF THESE PREMIUMS WAS NOT DEDUCTED ON THE TAXPAYER'S FEDERAL INCOME TAX RETURN.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3846 -- Reps. Sharpe, R. Smith, Rhoad, Sheheen, Webb, Witherspoon, Delleney and Riser: 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 OR LEASE OF CERTAIN ITEMS, SO AS TO ESTABLISH A CAP OF THREE HUNDRED DOLLARS ON THE SALES TAX IMPOSED ON THE SALE OF LIVESTOCK TRAILERS.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3859 -- Reps. Robinson, Altman, Campsen, McMaster, Harrison, Riser and Delleney: A BILL TO AMEND SECTION 12-2-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLYING TO LIMITED LIABILITY COMPANIES, SO AS TO EXCLUDE SINGLE-MEMBER LIABILITY COMPANIES AND GRANTOR TRUSTS FROM ALL STATE TAX LIABILITY IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 33-44-201, RELATING TO LIMITED LIABILITY COMPANIES AS LEGAL ENTITIES, SO AS TO EXCEPT CERTAIN SINGLE-MEMBER LIMITED LIABILITY COMPANIES; TO AMEND SECTION 33-44-1001, RELATING TO CHOICE OF LAW ISSUES FOR LIMITED LIABILITY COMPANIES, SO AS TO EXCEPT CERTAIN SINGLE-MEMBER LIMITED LIABILITY COMPANIES.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3850 -- Reps. Robinson and Vaughn: A BILL TO AMEND SECTION 12-2-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED SIGNATURES ON TAX RETURNS, SO AS TO OMIT REFERENCE TO SOUTH CAROLINA CODE AND TO ADD REFERENCE TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-21-2738, AS AMENDED, RELATING TO THE PENALTY FOR FAILURE TO COMPLY WITH LICENSING OF GAMING MACHINES, SO AS TO REQUIRE THAT ONE-HALF THE PENALTY BE RETAINED AND EXPENDED BY THE AGENCY CHARGING THE VIOLATION; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO CHANGE REFERENCE TO "GAS AND OTHER FUELS" TO "MOTOR FUEL, BLENDED FUEL, AND ALTERNATIVE FUEL" IN THE EXEMPTION PERTAINING THERETO; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTY FOR FAILURE TO MAKE A TIMELY PAYMENT OF TAX DUE THE STATE BECAUSE OF NEGLIGENCE OR FRAUD, SO AS TO UPDATE REFERENCE TO SOUTH CAROLINA CODE; TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS IN THE REVENUE PROCEDURES ACT, SO AS TO CLARIFY THE MEANING OF "ASSESSMENT"; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO RULEMAKING, SO AS TO UPDATE REFERENCE TO INTERNAL REVENUE CODE; TO AMEND SECTION 8-21-790, AS AMENDED, RELATING TO THE DISPOSITION OF FEES FOR SETTLEMENT OF ESTATES, SO AS TO REQUIRE NO LESS THAN MONTHLY PAYMENTS BY THE DEPARTMENT OF REVENUE; AND TO AMEND SECTION 56-31-50, AS AMENDED, RELATING TO PRIVATE CAR RENTAL SURCHARGES, SO AS TO MAKE THEM PAYABLE TO THE DEPARTMENT OF REVENUE, NOT TO THE STATE TREASURER'S OFFICE.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 207 -- Senators Hayes, Short, Gregory, Thomas, Martin, Russell, Fair, Holland, Lander, Drummond, J. Verne Smith, Wilson, Ryberg and Moore: A BILL TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT REGULATION OF THESE MACHINES, INCLUDING THEIR PROHIBITION, PURSUANT TO THE VIDEO GAMES MACHINES ACT AND ITS COUNTY OPTION PROVISIONS; TO AMEND SECTION 12-21-2791, RELATING TO LIMITATIONS ON PAYOUTS ON MACHINES AS DEFINED UNDER THE VIDEO GAMES MACHINES ACT, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS AND CLARIFY THAT THIS PROVISION IS DIRECTED AT A PERSON; TO AMEND SECTION 12-21-2804, RELATING TO REGULATION OF VIDEO MACHINES, SO AS TO PROVIDE CIVIL PENALTIES FOR MACHINES LOCATED IN COUNTIES WHERE PAYOUTS ARE PROHIBITED, INCLUDING MONETARY PENALTIES, LICENSE REVOCATION, AND SEIZURE OF MACHINES, PROVIDE FOR THESE PENALTIES TO APPLY IMMEDIATELY AND PROVIDE THE SOLE REMEDY FOR THESE PENALTIES; TO AMEND SECTION 12-21-2808, RELATING TO REFERENDUMS ALLOWED IN COUNTIES ON CONTINUING OR PROHIBITING CASH PAYOUTS, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS, DELETE OBSOLETE PROVISIONS, AND MAKE OTHER TECHNICAL REVISIONS; TO AMEND SECTION 12-21-2809, RELATING TO THE PROHIBITIONS ON LICENSING AND LOCATING MACHINES IN NONPAYOUT COUNTIES, SO AS TO DELETE CRIMINAL PENALTIES FOR VIOLATIONS AND SUBJECT VIOLATORS TO THE CIVIL PENALTIES PROVIDED BY THIS ACT AND TO PROVIDE THAT THE PENALTY EXTENDS TO OWNING OR POSSESSING THESE MACHINES; TO PROVIDE THAT COUNTIES IN WHICH A MAJORITY "NO" VOTE WAS CERTIFIED IN THE REFERENDUM PROVIDED PURSUANT TO SECTION 12-21-2806 ARE DEEMED TO HAVE MADE THAT CHOICE PURSUANT TO SECTION 12-21-2808, AS AMENDED BY THIS ACT, WITH AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE PRORATED REFUNDS FOR MACHINES LICENSED IN SUCH COUNTIES; AND TO REPEAL SECTION 12-21-2806, RELATING TO THE INITIAL REFERENDUM ON CONTINUING CASH PAYOUTS.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3605 -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 178 -- Senator Courtney: A JOINT RESOLUTION AUTHORIZING THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY TO THE TOWN OF PACOLET MILLS.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3147 -- Reps. Robinson, Seithel and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-150 SO AS TO PROHIBIT THE GOVERNOR'S ANNUAL BUDGET RECOMMENDATION FROM PROPOSING THE APPROPRIATION OF SURPLUS GENERAL FUND REVENUES IN EXCESS OF AMOUNTS OFFICIALLY RECOGNIZED AS SUCH BY THE BOARD OF ECONOMIC ADVISORS, AND TO PROHIBIT THE APPROPRIATION OF SURPLUS GENERAL FUND REVENUES IN EXCESS OF AMOUNTS OFFICIALLY RECOGNIZED AS SUCH BY THE BOARD OF ECONOMIC ADVISORS.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4021 -- Rep. Boan: A BILL TO AMEND SECTION 59-107-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM AMOUNT OF OUTSTANDING STATE INSTITUTION BONDS, SO AS TO INCREASE THE MAXIMUM AMOUNT OF SUCH BONDS.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3637 -- Reps. R. Smith, Mason, Sharpe, Clyburn, Beck, Felder, Kelley and Spearman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CALCULATION OF NEW AND ADDITIONAL NEW FULL-TIME JOBS FOR PURPOSES OF AN ANNUAL JOB TAX CREDIT, SO AS TO PROVIDE FOR AND PLACE A TIME LIMIT ON A TAYPAYER ELECTION FOR DETERMINATION OF NEW AND ADDITIONAL NEW FULL-TIME JOBS AND TO DEFINE "SINGLE SITE".
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3919 -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3365 SO AS TO ALLOW A TAXPAYER WHO OPERATES A QUALIFYING DISTRIBUTION FACILITY TO USE INCOME TAX CREDITS AGAINST OTHER STATE TAX LIABILITIES OTHER THAN PROPERTY TAX; TO AMEND SECTION 12-6-3490, RELATING TO THE LICENSE TAX CREDIT FOR CASH PAID TO PROVIDE INFRASTRUCTURE FOR A QUALIFIED PROJECT, SO AS TO ALLOW A PUBLICLY BUILT OFFICE PARK TO QUALIFY AS A QUALIFYING PROJECT AND DEFINE A QUALIFYING PROJECT; AND TO AMEND SECTION 12-14-60, RELATING TO THE ECONOMIC IMPACT ZONE INVESTMENT TAX CREDIT, SO AS TO ALLOW A TEN YEAR CARRY-OVER OF THE CREDIT.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3757 -- Reps. Hinson, Altman, Chellis, Woodrum, Gourdine, Seithel, Simrill, Dantzler, Howard, Allison and Limehouse: A BILL TO AMEND SECTION 9-1-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON THE AMOUNT WHICH MAY BE EARNED BY A RETIREE UNDER THE STATE RETIREMENT SYSTEM UPON RETURN TO COVERED EMPLOYMENT; AND TO AMEND SECTION 9-11-90, AS AMENDED, RELATING IN PART TO THE LIMITATION ON THE AMOUNT WHICH MAY BE EARNED BY A RETIREE UNDER THE POLICE RETIREMENT SYSTEM UPON RETURN TO COVERED EMPLOYMENT, SO AS TO PROVIDE THAT CONSULTING FEES PAID TO RETIRED MEMBERS OF THESE SYSTEMS BY AN EMPLOYER COVERED BY THESE SYSTEMS ALSO ARE CONSIDERED EARNINGS WITHIN THE MEANING OF SUCH EARNINGS LIMITATIONS.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3995 -- Reps. Lanford, Lee, Mack, T. Brown, Kennedy, Trotter, Knotts, M. Hines, Stuart, Miller, Battle, D. Smith, Spearman, Seithel, J. Hines, Bauer, F. Smith and Riser: A BILL TO AMEND SECTION 53-1-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF A COUNTY FROM THE SUNDAY CLOSING (BLUE) LAWS BASED ON ACCOMMODATIONS TAX REVENUES IN THE COUNTY, SO AS TO LOWER THE EXEMPTION THRESHHOLD FROM NINE HUNDRED THOUSAND DOLLARS IN A FISCAL YEAR TO FOUR HUNDRED FIFTY THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4026 -- Rep. H. Brown: A BILL TO AMEND CHAPTER 35, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO REVISE THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, TO PROVIDE GENERAL PROVISIONS APPLICABLE TO THE CONSOLIDATED PROCUREMENT CODE, TO PROVIDE FOR WRITTEN DETERMINATIONS AND FINDINGS REQUIRED BY THIS CODE, TO PROVIDE FOR DEFINITIONS OF TERMS USED IN THIS CODE, TO PROVIDE FOR PUBLIC ACCESS TO PROCUREMENT INFORMATION, TO PROVIDE FOR REPORTING THE PURCHASE OF FURNITURE AND CERTAIN OTHER PURCHASES, TO PROVIDE FOR PROCUREMENT ORGANIZATION AND FOR EXCEPTIONS, TO PROVIDE FOR THE CREATION OF OFFICES AND FOR THE RESPONSIBILITY AND AUTHORITY OF THOSE OFFICES UNDER THIS CODE, TO PROVIDE FOR ADVISOR COMMITTEES AND TRAINING, TO PROVIDE FOR AUDITING AND FISCAL REPORTING, TO PROVIDE FOR SOURCE SELECTION, CONTRACTS AND AUDITS, TO PROVIDE FOR METHODS OF SOURCE SELECTION, TO PROVIDE FOR CANCELLATION OF SOLICITATIONS, TO PROVIDE FOR TYPES AND FORMS OF CONTRACTS, TO PROVIDE FOR INSPECTION OF PLANTS AND PLACES OF BUSINESS AND AUDIT OF RECORDS, TO PROVIDE FOR DETERMINATIONS AND REPORTS IN CONNECTION WITH COMPETITIVE SEALED BIDDING, CORRECTION OR WITHDRAWAL OF BIDS, AND CANCELLATION OF AWARDS, TO PROVIDE FOR REGULATION OF SPECIFICATIONS, TO PROVIDE FOR CONSTRUCTION, ARCHITECT-ENGINEER, CONSTRUCTION MANAGEMENT AND LAND SURVEYING SERVICES, TO PROVIDE FOR INDEFINITE DELIVERY CONTRACTS, AND FOR MODIFICATIONS AND TERMINATION OF CONTRACTS FOR SUPPLIES AND SERVICES, TO PROVIDE FOR COST PRINCIPLES, SUPPLY MANAGEMENT, WAREHOUSES AND INVENTORY, TO PROVIDE FOR THE REGULATION OF SALE, LEASE, TRANSFER, AND DISPOSAL OF SURPLUS SUPPLIES AND OTHER PROPERTY, TO PROVIDE FOR CERTAIN LEGAL AND CONTRACTUAL REMEDIES, THE ADMINISTRATIVE RESOLUTION OF CONTROVERSIES, AND FOR THE SOUTH CAROLINA PROCUREMENT REVIEW PANEL, TO PROVIDE FOR INTERGOVERNMENTAL RELATIONS AND FOR COOPERATIVE PURCHASING, AND TO PROVIDE FOR CERTIFICATION AND ASSISTANCE TO MINORITY BUSINESSES; TO ADD SECTION 1-11-55 SO AS TO PROVIDE FOR LEASING OF REAL PROPERTY, TO ADD SECTION 1-11-56 SO AS TO PROVIDE FOR BUDGET AND CONTROL BOARD MANAGEMENT OF STATE AGENCY LEASING OF SPACE, TO ADD SECTION 1-11-57 SO AS TO PROVIDE FOR THE EXCHANGE OF TITLE TO REAL PROPERTY BY GOVERNMENTAL BODIES OTHER THAN POLITICAL SUBDIVISIONS, AND TO ADD SECTION 1-11-58 SO AS TO PROVIDE FOR INVENTORY AND ANNUAL REPORTS OF ALL RESIDENTIAL PROPERTY OWNED BY STATE AGENCIES, AND TO REPEAL SECTIONS 1-1-1110 AND 1-11-35 RELATING TO CERTAIN PROCUREMENT AND INVENTORY PROVISIONS.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3828 -- Reps. Harrell, R. Smith, Whatley, H. Brown, Limehouse, Altman, Boan, Wilkins, Campsen and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-39-101 SO AS TO PROVIDE THAT PUBLIC AND NONPUBLIC HIGH SCHOOL GRADUATES OF THIS STATE WHO MEET CERTAIN SPECIFIED CRITERIA SHALL RECEIVE A SUPERIOR ACADEMIC ACHIEVEMENT HIGH SCHOOL DIPLOMA, AND ALSO SHALL RECEIVE A FIVE HUNDRED DOLLAR SCHOLARSHIP TO ATTEND ANY STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING OR TECHNICAL COLLEGE.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3767 -- Reps. Townsend, Sharpe, G. Brown, Webb and Riser: A BILL TO AMEND SECTION 57-3-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR COTTON MODULAR VEHICLES, SO AS TO REVISE THE WIDTH OF COTTON MODULAR VEHICLES.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 446 -- Senator McConnell: A BILL TO AMEND SECTIONS 58-25-30, 58-25-35, 58-25-40, AND 58-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO CHANGE EACH REFERENCE OF "CITY" TO "MUNICIPALITY".
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 687 -- Senators Jackson and Passailaigue: A CONCURRENT RESOLUTION TO CONGRATULATE MR. LARRY DOBY, A NATIVE SOUTH CAROLINIAN, ON THE OCCASION OF THE 50TH ANNIVERSARY OF HIS INTEGRATION OF MAJOR LEAGUE BASEBALL'S AMERICAN LEAGUE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 690 -- Senator McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND SINCERE GRATITUDE FROM THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. CLIVE CUSSLER FOR HIS DISCOVERY OF THE H. L. HUNLEY AND FOR HIS CONTINUING DEVOTION TO THE HUNLEY AND ITS CREW.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 691 -- Senator McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND SINCERE APPRECIATION FROM THE MEMBERS OF THE GENERAL ASSEMBLY TO THE BROKERAGE FIRM OF STERNE, AGEE AND LEACH FOR TAKING THE LEAD TO INVOLVE CORPORATE AMERICA IN THE EFFORT TO PRESERVE, RAISE AND DISPLAY THE HISTORIC H.L. HUNLEY SUBMARINE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was taken up for immediate consideration:
S. 684 -- Senators Drummond and Martin: A CONCURRENT RESOLUTION TO RECOGNIZE THURSDAY, APRIL 24, 1997, AS "TAKE OUR DAUGHTERS TO WORK DAY" AND TO COMMEND EMPLOYERS AND THOSE PARTICIPATING FOR CREATING AN OPPORTUNITY FOR YOUNG WOMEN TO BEGIN LOOKING TO THEIR FUTURES IN THE WORK FORCE WITH REALISM AND OPTIMISM.
Whereas, "Take Our Daughters to Work Day" is an education campaign and a day of action, now in its fifth year, to provide girls from the ages of nine to fifteen, with the opportunity to gain firsthand exposure to the American workplace; and
Whereas, recent studies indicate that girls between the ages of nine and fifteen undergo changes that affect their outlook and self-esteem; and
Whereas, studies show that these changes are more likely to have adverse effects on girls in this age group than are the changes experienced by boys in this same age group; and
Whereas, the number of women in the workplace has been steadily increasing and that by the year 2000, two-thirds of the new entrants into the workplace will be women; and
Whereas, exposing young girls to a broad variety of life's choices, in addition to, and not in lieu of, those choices that have traditionally existed, can help to expand young girls' perceptions of the life choices available to them; and
Whereas, by participating in the "Take Our Daughters to Work Day", young women are given an opportunity to look to their futures with realism and optimism based on their own firsthand experiences. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That Thursday, April 24, 1997, is recognized as "Take Our Daughters to Work Day" and that the employers, parents, and young women participating in this event are commended for creating the opportunity for these young women to begin looking to their futures with realism and optimism.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4073 -- Reps. Davenport, Walker, Lee, Hawkins, Allison and Littlejohn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ALONG INTERSTATE HIGHWAY 85 FROM MILE POINT 68.8 TO MILE POINT 77.4 IN SPARTANBURG COUNTY IS SIXTY-FIVE MILES AN HOUR AND INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES ALONG THIS STRETCH OF HIGHWAY TO INFORM MOTORISTS OF THE MAXIMUM SPEED LIMIT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4074 -- Reps. Cromer and J. Smith: A CONCURRENT RESOLUTION COMMENDING THE JUNIOR LEAGUE OF COLUMBIA, INC., FOR ITS LEADERSHIP AND COMMITMENT TO HELPING MEET THE CHALLENGE OF SCHOOL READINESS IN RICHLAND SCHOOL DISTRICT ONE WITH THE SUCCESSFUL PILOT YEAR OF "SMART MATTERS" AND FURTHER COMMENDING THE JUNIOR LEAGUE AND RICHLAND SCHOOL DISTRICT ONE FOR THEIR UNIQUE PARTNERSHIP IN THIS ENDEAVOR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. COBB-HUNTER, with unanimous consent, the following was taken up for immediate consideration:
H. 4075 -- Reps. Cobb-Hunter and Miller: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN OF SOUTH CAROLINA WHO DIED ON THE JOB BY DECLARING APRIL 28, 1997, "WORKERS' MEMORIAL DAY".
Whereas, the working men and women of South Carolina have helped to build this State and keep the state's economy strong; and
Whereas, many workers die each year while performing their jobs or as the result of occupational diseases contracted or aggravated on the job, and thousands more are disabled or injured on the job; and
Whereas, in fiscal year 1996, thirty-two workers died in South Carolina while working, from causes as varied as electrocution, falls, and being struck by objects; and
Whereas, many of these workers died with little attention except for the families they left behind that loved and depended on them; and
Whereas, while the need for strong safety and health protections, strong standards of enforcement, and fair and just compensation for such deaths and injuries continues, these fallen workers, and other before them, must not be forgotten. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly honor the working men and women of South Carolina who died on the job by declaring April 28, 1997, as "Workers' Memorial Day".
Be it further resolved that a copy of this resolution be forwarded to Mrs. Donna S. DeWitt, President of the South Carolina AFL-CIO.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4076 -- Reps. Young, Woodrum, Canty, Neal and G. Brown: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE REVEREND WILLIAM C. "BILL" BOCHMAN, JR., OF SUMTER COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4077 -- Rep. Hodges: A BILL TO AMEND SECTION 8-13-725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OR DISCLOSURE OF INFORMATION BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE FOR ECONOMIC GAIN, SO AS TO PROHIBIT THE EXAMINATION OF OR THE AIDING AND ABETTING OF THE EXAMINATION OF CERTAIN INFORMATION BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE WHEN THE EXAMINATION IS UNRELATED TO HIS PUBLIC DUTIES AND RESPONSIBILITIES, AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary.
S. 594 -- Senator Ryberg: A BILL TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BICYCLISTS, BY ADDING SECTION 56-5-3510, SO AS TO AUTHORIZE AN AUTHORIZED POLICE PATROL BICYCLE USED AS A PART OF A POLICE BICYCLE PATROL TO EXERCISE THE PRIVILEGES OF AN EMERGENCY VEHICLE, TO AUTHORIZE THE BICYCLE TO BE EQUIPPED WITH A SIREN OR THE OFFICER TO USE A WHISTLE, OR BOTH, AND TO AUTHORIZE THE BICYCLE TO ACT AS AN ACTING EMERGENCY VEHICLE IF IT MAKES USE OF AN AUTHORIZED AUDIBLE SIGNAL OR AUTHORIZED VISUAL SIGNALS; AND TO AMEND SECTION 56-5-3480, RELATING TO THE PROHIBITION ON THE USE OF SIRENS AND WHISTLES ON BICYCLES, SO AS TO EXEMPT AUTHORIZED POLICE PATROL BICYCLES FROM THIS PROHIBITION.
Referred to Committee on Education and Public Works.
On motion of Rep. LANFORD, with unanimous consent, the following was taken up for immediate consideration:
H. 4078 -- Rep. Lanford: A CONCURRENT RESOLUTION DESIGNATING BUBBAFEST AND ITS BUBBA-Q COOKOFF CONTEST IN WOODRUFF IN SPARTANBURG COUNTY AS "THE KANSAS CITY BARBEQUE SOCIETY (KCBS) STATE OF SOUTH CAROLINA CHAMPIONSHIP BARBEQUE" ANNUALLY.
Whereas, The Bubba-Q Cookoff Contest is given Kansas City Barbeque Society (KCBS) sanctioning by the board of directors of the KCBS; this prestigious recognition elevates the Town of Woodruff's cooking event and BubbaFest into a select group of only fifty contests held throughout the United States; and
Whereas, each year cooking teams must earn points in order to compete at the American Royale World Championship held in Kansas City, Missouri, meaning that BubbaFest annually hosts a large number of teams from many other states and that Woodruff, in Spartanburg County, is the showcase for this event; and
Whereas, BubbaFest attracts thousands of people, has gained national and even international attention for years, and provides excellent publicity for Woodruff, Spartanburg County, and the Palmetto State; and
Whereas, in addition to the Bubba-Q Cookoff Contest, the family-oriented festival of BubbaFest in Woodruff offers the BubbaLympics team competition, BubbaBuddies, Bubba and Bubbette Contest, arts and crafts, a variety of music and entertainment, and great family fun for all ages; and
Whereas, designation as a State Championship event permits the grand champion of the Bubba-Q Cookoff Contest at BubbaFest to receive automatically an invitation to the American Royale World Championship at Kansas City and to the Jack Daniels National Invitational Barbeque Competition at Lynchburg, Tennessee. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, designates BubbaFest and its Bubba-Q Cookoff Contest in Woodruff in Spartanburg County as "The Kansas City Barbeque Society (KCBS) State of South Carolina Championship Barbeque" annually.
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 Barfield Barrett Battle Bauer Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Cobb-Hunter Cooper Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin McCraw McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp 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, April 24.
Woodrow M. McKay Harry R. Askins Larry L. Koon Jerry N. Govan, Jr. Bill Cotty Robert J. Sheheen Ralph W. Canty
SPECIAL PRESENTATION
Rep. FLEMING presented to the House Tyisha Robertson winner of gold and silver medals in speed skating during the 1997 Special Olympics World Winter Games.
The SPEAKER granted Rep. MASON a leave of absence for the day.
The SPEAKER granted Rep. KENNEDY a leave of absence for the day.
Announcement was made that Dr. David Gatti of Columbia is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3623 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH THE STATE'S SOLID WASTE POLICY, SO AS TO DISTINGUISH BETWEEN "COLLECTION", "DISPOSAL", "PROCESSING", AND "RECYCLING" AS APPLIED TO FACILITIES MANAGING WASTE TIRES; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO WASTE TIRES, SO AS TO INCLUDE DISTINCTIONS AMONG WASTE TIRE MANAGEMENT, TO PROVIDE FOR A TIPPING FEE ON OVERSIZE WASTE TIRES, TO REFINE THE RETAILER-WHOLESALER REFUND PROGRAM, TO REVISE REQUIREMENTS AND PRIORITIES FOR USE OF GRANT FUNDS FROM THE WASTE TIRE TRUST FUND, TO UPDATE REFERENCES TO THE OFFICE OF THE GOVERNOR AND THE SOLID WASTE ADVISORY COUNCIL, AND TO REQUIRE RECORDKEEPING AND REPORTING BY WASTE TIRE FACILITIES.
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.
The following Joint Resolution was read the third time, passed and, 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.
S. 517 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SCHOOL LIBRARIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 3619 -- Rep. Wilkes: A BILL TO AMEND SECTION 50-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL HUNTING OF MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF LAKE MURRAY WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, SO AS TO MAKE SUCH PROVISIONS APPLICABLE TO LAKE WATEREE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20422SD.97), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-11-29. It is unlawful to hunt migratory waterfowl on Lake Wateree within two hundred yards of a dwelling without written permission of the owner and occupant. As used in this section, Lake Wateree includes the area from Wateree Dam upstream to the Cedar Creek and Rock Creek Power Plant Dam. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILKES explained the amendment.
The amendment was then adopted.
Rep. WILKES proposed the following Amendment No. 2 (Doc Name P:\AMEND\PT\1208DW.97), which was adopted.
Amend the report of the Committee on Agriculture, Natural Resources and Environmental Affairs, as and if amended, SECTION 1, Section 50-11-27, page 1, line 34 by inserting after /days./ / Provided, however, nothing in this section is intended to limit the restrictions of Section 50-19-1830. /.
Amend title to conform.
Rep. WILKES 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. WILKES, with unanimous consent, it was ordered that H. 3619 be read the third time tomorrow.
The following Bill was taken up.
H. 3807 -- Reps. Sharpe and Witherspoon: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GAME ZONES OF THIS STATE, SO AS TO REVISE THE COMPOSITION OF GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON FOR TAKING DEER IN GAME ZONES 1, 2, AND 4, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IN GAME ZONES 1, 2, AND 4 SHALL ESTABLISH THE METHODS FOR HUNTING AND TAKING OF DEER AND SHALL SET OTHER RESTRICTIONS FOR HUNTING AND TAKING DEER; TO AMEND SECTION 50-11-390, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DECLARE OPEN SEASONS AND SET BAG LIMITS AND METHODS OF HUNTING OF ANTLERLESS DEER, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT IN THIS REGARD; AND TO REPEAL SECTION 50-11-395 RELATING TO THE ISSUANCE OF ANTLERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.
The Agricultural, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20512SD.97), which was adopted.
Amend the bill, as and if amended, in Section 50-11-310 of the 1976 Code, as contained in SECTION 2, by striking subsection (D) which begins on line 1, page 3, and inserting:
/(D) In Game Zones 1, 2, and 4, the department may promulgate regulations in accordance with the Administrative Procedures Act to establish the methods for hunting and taking of deer and for other restrictions for hunting and taking deer./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
Rep. McLEOD proposed the following Amendment No. 2 (Doc Name P:\AMEND\PT\1210CM.97), which was tabled.
Amend the bill, as and if amended, page 2, Section 50-11-310 as contained in SECTION 2, line 28, by deleting / Sundays excepted; /.
Amend title to conform.
Rep. McLEOD explained the amendment.
Rep. FLEMING moved to table the amendment, which was agreed to.
Rep. WITHERSPOON explained the Bill.
Rep. WHIPPER requested debate on the Bill.
Rep. WITHERSPOON continued speaking.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 3807 be read the third time tomorrow.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 360 -- Senators Drummond, Bryan, Giese and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-5-55 SO AS TO ESTABLISH THE DRINKING WATER REVOLVING LOAN FUND AND PROVIDE FOR THE MANNER IN WHICH IT MUST BE ADMINISTERED; TO AMEND ACT 513 OF 1992, RELATING TO THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO BRING THIS STATE'S LAWS INTO COMPLIANCE WITH THE 1996 AMENDMENTS TO THE SAFE DRINKING WATER ACT, TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT, SECTION 1452, TITLE 42, UNITED STATES CODE, AND BY ADDING AN APPROPRIATE LEGISLATIVE FINDING; TO AMEND SECTION 48-5-20, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO CHANGE THE DEFINITION OF "FUND" TO "CLEAN WATER FUND", ADD A DEFINITION FOR "DRINKING WATER FUND" AND "SAFE DRINKING WATER ACT", AND CHANGE THE DEFINITION OF "PROJECT"; TO AMEND SECTION 48-5-40, RELATING TO THE POWERS OF THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY, SO AS TO ADD ADDITIONAL POWERS INCLUDING THE AUTHORIZATION TO ESTABLISH ACCOUNTS FOR THE DEPOSIT OF PORTIONS OF GRANTS; TO AMEND SECTION 48-5-50, RELATING TO THE CONTINUED EXISTENCE OF THE FUND PREVIOUSLY CREATED PURSUANT TO CHAPTER 6 OF TITLE 48, SO AS TO CLARIFY THE NAME OF THE FUND AS BEING THE CLEAN WATER FUND; TO AMEND SECTION 48-5-60, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS UNDER THE ACT, SO AS TO ADD REFERENCE TO THE SAFE DRINKING WATER ACT AND AUTHORIZE THE ESTABLISHMENT OF ACCOUNTS AND THE DEPOSITING IN THEM PORTIONS OF FEDERAL GRANTS AUTHORIZED BY THE SAFE DRINKING WATER ACT; AND TO AMEND SECTION 48-5-160, RELATING TO REPORTING REQUIREMENTS OF THE AUTHORITY TO THE GOVERNOR, GENERAL ASSEMBLY, AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, SO AS TO ADD THE REQUIREMENT THAT A BIENNIAL REPORT BE MADE TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ON THE DRINKING WATER REVOLVING LOAN FUND.
Rep. SHARPE explained the Bill.
S. 522 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DRUG EDUCATION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2129, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN explained the Joint Resolution.
S. 513 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO INSTRUCTIONAL RESOURCES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2133, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 516 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STUDENT RECORDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2139, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 416 -- Education Committee: A BILL TO AMEND SECTION 59-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVALUATION OF AND PERFORMANCE STANDARDS FOR SCHOOL PRINCIPALS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH SCHOOL PRINCIPALS ARE EVALUATED AND PROVIDED DEVELOPMENTAL TRAINING.
Rep. WALKER explained the Bill.
H. 4035 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION REPEAL: FILING AND SERVICE OF FORMS AND MOTIONS, TERMINATING TEMPORARY COMPENSATION BENEFITS, COMPENSATION RATE, AVERAGE WEEKLY WAGE, AND COMPENSATION RATE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2115, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LAW explained the Joint Resolution.
H. 4036 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO DAMS AND RESERVOIRS SAFETY ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2160, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SHARPE explained the Joint Resolution.
Rep. SHARPE asked unanimous consent that S. 360 be read a third time tomorrow.
Rep. ROBINSON objected.
On motion of Rep. LITTLEJOHN, with unanimous consent, it was ordered that S. 522 be read the third time tomorrow.
On motion of Rep. LITTLEJOHN, with unanimous consent, it was ordered that S. 513 be read the third time tomorrow.
On motion of Rep. LITTLEJOHN, with unanimous consent, it was ordered that S. 516 be read the third time tomorrow.
On motion of Rep. WALKER, with unanimous consent, it was ordered that S. 416 be read the third time tomorrow.
On motion of Rep. LAW, with unanimous consent, it was ordered that H. 4035 be read the third time tomorrow.
On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 4036 be read the third time tomorrow.
The following Bill was taken up.
H. 3992 -- Reps. Fleming, Loftis, Rodgers, Mullen, Altman, H. Brown, Whipper, Battle, Cobb-Hunter, Neilson, Barfield, Seithel, R. Smith, Breeland, Sharpe, Cotty, Lee, Campsen, Sheheen, Walker, Delleney, Beck, Miller, Vaughn, Davenport, Kelley, M. Hines, Trotter, Witherspoon, Easterday, Wilder, Littlejohn, McCraw, Kirsh, McLeod, Keegan, Felder, Stille, Edge, Knotts, Whatley, Lanford, Limehouse, Phillips, Pinckney, Mack, J. Smith, Harrell, Wilkes and Harvin: A BILL TO AMEND SECTION 12-37-2680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VALUATION OF MOTOR VEHICLES FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT A VEHICLE WHICH QUALIFIES IN A TAX YEAR FOR A REDUCED VALUE BECAUSE OF HIGH MILEAGE SHALL CONTINUE TO RECEIVE THE HIGH MILEAGE DEDUCTION FOR SUBSEQUENT TAX YEARS WITHOUT A NEW APPLICATION.
Rep. FLEMING explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. FLEMING having the floor.
Reps. CATO, YOUNG-BRICKELL, CHELLIS, MEACHAM, SCOTT, CAMPSEN, WHIPPER, WILDER, DANTZLER and HINSON withdrew their requests for debate on the following Bill.
H. 3764 -- Reps. Cato, Harrison, Cromer, Altman, Hawkins, J. Hines, Bauer, Lee, Limehouse, Wilder, Campsen, Fleming, Haskins, Kelley, Mason, Walker, Mullen, Barrett, Neilson, Hinson, Seithel, Inabinett, Cobb-Hunter, Scott, Chellis, McKay, Webb, Sandifer, Young, Woodrum, Young-Brickell, Bailey, Simrill, Sharpe, Stuart, Spearman, Koon, McCraw, Kirsh, Trotter, H. Brown, Boan, Limbaugh, Knotts, Gourdine, Kinon, Dantzler, Law, Meacham, Robinson, Riser, D. Smith, Bowers, Baxley, Quinn, Edge, Maddox, Whatley, Vaughn, McMahand, F. Smith, Battle, Miller, Davenport, Harrell, Hodges, Harvin, Pinckney, Littlejohn, Gamble, Wilkins and Clyburn: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED SO AS TO DELETE CERTAIN PROVISIONS FOR FORMS OF PRACTICE; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THE BOARD OF ACCOUNTANCY TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROVIDE THAT UNTIL THESE REGULATIONS ARE PROMULGATED, THE INSTITUTE STANDARDS APPLY.
Reps. SCOTT, McMAHAND and NEAL withdrew their requests for debate on the following Bill.
H. 3292 -- Reps. Klauber and Parks: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A MUNICIPALITY BY ORDINANCE TO REQUIRE LOTS OR PROPERTY TO BE KEPT IN A CONDITION WHICH DOES NOT CONSTITUTE A PUBLIC NUISANCE, SO AS TO PROVIDE THAT THIS AUTHORITY INCLUDES THE RIGHT TO REQUIRE THE DEMOLITION OF CERTAIN SUBSTANDARD HOUSING.
Rep. CAVE withdrew his request for debate on H. 3461; however, other requests for debate remained upon the Bill.
Reps. MOODY-LAWRENCE, SCOTT and LLOYD withdrew their requests for debate on the following Bill.
H. 3968 -- Reps. Simrill, Kirsh, Meacham and Moody-Lawrence: A BILL TO ALLOW THE YORK COUNTY LEGISLATIVE DELEGATION THE AUTHORITY TO OVERRIDE A DECISION OF THE DEPARTMENT OF TRANSPORTATION CONCERNING THE PLACEMENT OF ELECTRICAL TRAFFIC-CONTROL DEVICES.
Reps. SIMRILL, WALKER and LITTLEJOHN withdrew their requests for debate on H. 3461; however, other requests for debate remained upon the Bill.
On motion of Rep. RICE, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3699 -- Reps. Spearman and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390 SO AS TO PROVIDE FOR A SPECIAL GUEST FISHING LICENSE.
Rep. KLAUBER asked unanimous consent to recall H. 3940 from the Committee on Judiciary.
Rep. CROMER objected.
Rep. SCOTT asked unanimous consent to recall H. 3192 from the Committee on Ways and Means.
Rep. KLAUBER objected.
Rep. G. BROWN, with unanimous consent, made a statement relative to the Ethics Act.
The Senate amendments to the following Bill were taken up for consideration.
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.
Rep. YOUNG 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. 3544 -- Reps. Davenport, Barfield, Seithel, Altman, Chellis, Meacham, Stoddard, Littlejohn, Lanford, Miller, Phillips, Cooper, Witherspoon, McCraw, Leach, Haskins, Riser, Limehouse and Battle: A CONCURRENT RESOLUTION MEMORIALIZING THE LEGISLATURE OF THE STATE OF NEW YORK TO PASS APPROPRIATE LEGISLATION TO REQUIRE THE REINSTATEMENT OF THE STATE FLAG OF GEORGIA IN ITS PROPER PLACE IN THE HALL OF FLAGS AT THE NEW YORK CAPITOL, OR, IN THE ALTERNATIVE, TO REMOVE ALSO THE STATE FLAG OF SOUTH CAROLINA FROM THE NEW YORK CAPITOL'S HALL OF FLAGS.
Rep. SCOTT moved to adjourn debate upon the Concurrent Resolution until Wednesday, April 30, which was adopted.
The following Concurrent Resolution was taken up.
H. 3775 -- Reps. Vaughn, Cato, Easterday, Hamilton, Haskins, Leach, Loftis, McMahand, Rice, F. Smith, Tripp, Wilkins, Allison, Davenport, Hawkins, Lanford, Lee, Littlejohn, D. Smith, Walker and Wilder: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES OF AMERICA TO TAKE THE NECESSARY ACTION WITH RESPECT TO THE FEDERAL AVIATION ADMINISTRATION TO RELEASE THE FUNDS REQUIRED TO COMPLETE THE GREENVILLE-SPARTANBURG AIRPORT EXPANSION PROJECT.
Whereas, prompt completion of the Greenville-Spartanburg Airport expansion project is an important part of the overall development plan for this State; and
Whereas, delay in completion of this project will have deleterious economic impact that will range throughout the State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That by this resolution the General Assembly memorializes the Congress of the United States of America to take the necessary action with respect to the Federal Aviation Administration to release the funds required to complete the Greenville-Spartanburg Airport Expansion Project.
Be it further resolved that copies of this resolution be forwarded to the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of this state's congressional delegation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4032 -- Reps. Hawkins, Davenport, Rice, Lee, Easterday, Littlejohn, Allison, Leach, Hamilton, Walker, McMahand, Cato, Loftis, Haskins, F. Smith, Vaughn and Tripp: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO INCREASE THE CLEARANCE OF CERTAIN TRAFFIC SIGNS THAT DIRECT TRAFFIC ONTO INTERSTATE HIGHWAY 85 IN SPARTANBURG AND GREENVILLE COUNTIES TO TWENTY-THREE FEET.
Be it resolved by the House of Representatives, the Senate concurring:
That traffic signs that cross the following highways and roads and direct traffic onto Interstate Highway 85 be increased to a clearance of twenty-three feet above the highway or road:
1. South Carolina Highway 290 in Spartanburg County;
2. South Carolina Highway 9 in Spartanburg County;
3. State Secondary Highway 57 in Spartanburg County;
4. United States Highway 25 (Whitehorse Road) in Greenville County;
5. Pelham Road in Greenville County;
6. Mauldin Road in Greenville County;
7. South Carolina Highway 101 in Spartanburg County;
8. South Carolina Highway 221 in Spartanburg County; and
9. South Carolina Highway 14 in both Spartanburg and Greenville Counties.
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.
Rep. J. BROWN moved that the House recur to the morning hour, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3526 -- Reps. Fleming, Barfield, Koon, Barrett, Altman, Chellis, Allison, Rodgers, Simrill, Young, Seithel, McKay, Sandifer, Maddox, Woodrum, Hinson, Knotts, Cotty, Cooper, Whatley, Witherspoon, Stuart, Kelley, Limbaugh, R. Smith, Cromer, Robinson, Rice, Law, Hawkins, Walker, Sharpe, D. Smith, Harrell, Harrison, Webb, Phillips, McMaster, Tripp, Riser, Klauber, Quinn, Meacham, Stille, Bauer, Haskins, Battle and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-145 SO AS TO PROVIDE THAT MEDICALLY-ABLED INMATES SENTENCED TO A DEPARTMENT OF CORRECTIONS FACILITY MUST BE ASSIGNED TO A CHAIN GANG TO MAINTAIN STATE PROPERTY AND TO PROVIDE THAT MEDICALLY-ABLED INMATES WHO REFUSE TO BE ASSIGNED TO WORK ON A CHAIN GANG MUST BE PLACED IN SOLITARY CONFINEMENT; TO AMEND SECTION 57-17-620, RELATING TO A COUNTY'S USE OF CHAIN GANGS, SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MUST USE CHAIN GANGS TO WORK HIGHWAYS, AND TO PROVIDE THAT MEDICALLY-ABLED INMATES WHO REFUSE TO WORK ON A CHAIN GANG MUST BE PLACED IN SOLITARY CONFINEMENT.
Ordered for consideration tomorrow.
The following was introduced:
H. 4079 -- Rep. Clyburn: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF ALLISON KATHERINE WOOD, INFANT DAUGHTER OF MR. AND MRS. KEITH WOOD, AND EXTENDING DEEPEST SYMPATHY TO HER PARENTS AND ALL OF HER RELATIVES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4080 -- Reps. Miller, Kelley, T. Brown, Keegan, Witherspoon, Barfield and Edge: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF EUGENE S. N. LAWRIMORE OF GEORGETOWN COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4081 -- Reps. Wilkins, H. Brown, J. Brown, Carnell, Cato, Harrison, Meacham, Quinn, Sharpe, D. Smith, Townsend, Vaughn, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, T. Brown, Byrd, Campsen, Canty, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, 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, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Tripp, Trotter, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF THE HONORABLE LARRY E. GENTRY OF SALUDA COUNTY, A FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO HIS WONDERFUL FAMILY AND COUNTLESS FRIENDS.
Whereas, The Honorable Larry E. Gentry of Saluda County died Wednesday, March 26, 1997, at the young age of forty-seven; and
Whereas, former Representative Gentry was born in Richmond County, Georgia, and was the son of Wesley Matthew Gentry, Jr., and the late Trannye L. Trotter Gentry; and
Whereas, he was a 1967 graduate of Saluda High School; attended Anderson Junior College; graduated from the University of South Carolina with a B.S. degree in 1971; and graduated from the University of South Carolina School of Law with a J.D. degree in 1978; and
Whereas, Larry Gentry was the loving husband of Barbara Ann Corley Gentry of Saluda; a devoted father to his three sons: Matthew Blair Gentry, Michael Ryan Gentry, and Russell Clayton Gentry, all of Saluda; and a brother Wesley M. Gentry III of Lexington; and
Whereas, he established his law firm in Saluda in 1978 and was involved in the management of Gentry Poultry Company, Inc.; and
Whereas, The Honorable Larry E. Gentry was first elected to the South Carolina House of Representatives in 1979 and served continuously until 1992, when he retired from public service. He served on numerous committees while in the House of Representatives including: Agricultural and Natural Resources Committee, Joint Judicial Screening Committee, Rules Committee, and was First Vice Chairman of the Judiciary Committee; and
Whereas, he was actively involved in his community by serving as Director of the Saluda County Economic Development Board, former Director of the Saluda County Council on Aging, a member of the Saluda County Investment Club, the Saluda County Historical Society, the Saluda County Chamber of Commerce, the South Carolina and American Bar Associations, and the South Carolina Trial Lawyers Association; and
Whereas, he labored tirelessly as a dedicated public servant for the betterment of the lives of his fellow citizens of the Palmetto State. Larry Gentry, throughout his life, earned the lasting respect of those with whom he came into contact; and
Whereas, the members of the General Assembly express appreciation for The Honorable Larry E. Gentry's life and pause in their deliberations to remember their good friend, who will be deeply missed and mourned for many, many years. 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, honor the memory of The Honorable Larry E. Gentry of Saluda County, a former member of the South Carolina House of Representatives, and extend their deepest sympathy to his wonderful family and countless friends.
Be it further resolved that a copy of this resolution be forwarded to his wife, Mrs. Barbara Ann Corley Gentry.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 700 -- Senators McConnell, Passailaigue and Courson: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE HARRY M. HALLMAN, JR. FOR HIS TIRELESS DEDICATION AND DEVOTION ON BEHALF OF THE HISTORIC H.L. HUNLEY SUBMARINE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 701 -- Senators McConnell, Passailaigue and Courson: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE STROM THURMOND FOR HIS TIRELESS DEDICATION AND DEVOTION ON BEHALF OF THE HISTORIC H.L. HUNLEY SUBMARINE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 702 -- Senators McConnell, Passailaigue and Courson: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE CHARLES M. CONDON FOR HIS TIRELESS DEDICATION AND DEVOTION ON BEHALF OF THE HISTORIC H.L. HUNLEY SUBMARINE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 703 -- Senators McConnell, Passailaigue and Courson: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE FLOYD J. SPENCE FOR HIS TIRELESS DEDICATION AND DEVOTION ON BEHALF OF THE HISTORIC H.L. HUNLEY SUBMARINE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 704 -- Senators McConnell, Passailaigue and Courson: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE ERNEST F. HOLLINGS FOR HIS TIRELESS DEDICATION AND DEVOTION ON BEHALF OF THE HISTORIC H.L. HUNLEY SUBMARINE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4082 -- Reps. Easterday, Altman, Limbaugh, Robinson, G. Brown, Campsen, Wilder, Bauer, Limehouse, Haskins, Maddox, Kelley, Knotts, Rice, Walker, Sharpe, Loftis, Sandifer, Davenport, Hinson, Simrill, Rodgers, Woodrum, J. Smith, Hamilton, Beck, R. Smith, Seithel, Allison, Wilkins, McCraw, Leach, Harrell, Klauber, Riser, Barrett, Mullen, Young, Law, Webb, D. Smith, H. Brown, Harrison, Dantzler, Littlejohn, Keegan, Kinon, Phillips, Witherspoon, T. Brown, Townsend, Vaughn, McMahand, Meacham, Kirsh, Whatley, Boan, McLeod, Breeland, Jennings, Cato, Hawkins, Miller, Battle, Stoddard, F. Smith, Mack, Stille, Barfield, Howard, Hodges, Lanford, Jordan, Harvin and Felder: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-380 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER AND TO ESTABLISH PENALTIES.
Rep. EASTERDAY asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SCOTT objected.
Referred to Committee on Labor, Commerce and Industry.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. FLEMING having the floor.
H. 3992 -- Reps. Fleming, Loftis, Rodgers, Mullen, Altman, H. Brown, Whipper, Battle, Cobb-Hunter, Neilson, Barfield, Seithel, R. Smith, Breeland, Sharpe, Cotty, Lee, Campsen, Sheheen, Walker, Delleney, Beck, Miller, Vaughn, Davenport, Kelley, M. Hines, Trotter, Witherspoon, Easterday, Wilder, Littlejohn, McCraw, Kirsh, McLeod, Keegan, Felder, Stille, Edge, Knotts, Whatley, Lanford, Limehouse, Phillips, Pinckney, Mack, J. Smith, Harrell, Wilkes and Harvin: A BILL TO AMEND SECTION 12-37-2680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VALUATION OF MOTOR VEHICLES FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT A VEHICLE WHICH QUALIFIES IN A TAX YEAR FOR A REDUCED VALUE BECAUSE OF HIGH MILEAGE SHALL CONTINUE TO RECEIVE THE HIGH MILEAGE DEDUCTION FOR SUBSEQUENT TAX YEARS WITHOUT A NEW APPLICATION.
Rep. RICE moved to adjourn debate upon the Bill until Tuesday, April 29, which was adopted.
The following Bill was taken up.
H. 3279 -- Reps. Meacham, Allison, Altman, Bailey, Barfield, Barrett, Battle, Baxley, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Cato, Cave, Chellis, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Hamilton, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Martin, Mason, McCraw, McKay, McMahand, Miller, Moody-Lawrence, Neal, Neilson, Parks, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Sandifer, Seithel, Sharpe, Sheheen, Simrill, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilkes, Wilkins, Witherspoon, Woodrum, and Young-Brickell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-440 SO AS TO ENACT THE "PATIENT ACCESS TO OPTOMETRIC PRIMARY EYE CARE ACT" BY ESTABLISHING PARAMETERS WITHIN WHICH HEALTH CARE INSURERS THAT OFFER PRIMARY EYE CARE MUST PROVIDE THIS COVERAGE AND TO PROVIDE AN EQUITABLE REMEDY WHEN THERE ARE VIOLATIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7260ac.97), which was adopted.
Amend the bill, as and if amended, striking all after the enacting words and inserting the following:
/SECTION 1. This act may be cited as the "South Carolina Eye Care Services Act".
SECTION 2. The 1976 Code is amended by adding:
/"Section 38-71-440 (A) As used in this section:
(1) 'Health benefit plan' means any public or private health plan implemented in this State that provides medical eye care or vision care benefits, or both, to covered persons including payments and reimbursements.
(2) 'Ophthalmologist' means a physician licensed pursuant to Title 40, Chapter 47 who practices in South Carolina and who specializes in the medical and surgical care of the eye and visual system and routine vision care.
(3) 'Optometrist' means a doctor of optometry licensed pursuant to Title 40, Chapter 37 who is engaged in the practice of optometry in South Carolina.
(B) No health maintenance organization or health benefit plan which maintains or contracts with a network of ophthalmologists or optometrists, or both, to provide medical eye care or vision care benefits, or both, shall prohibit a participating optometrist from performing medical services within that optometrist's scope of practice set forth in Title 40, Chapter 37, in accordance with the terms of the health maintenance organization or health benefit plan and in accordance with Subsections (C) and (I).
(C) No health maintenance organization or health benefit plan which maintains or contracts with a network of ophthalmologists or optometrists, or both, to provide medical eye care or vision care benefits, or both, excepting all self-funded health benefit plans as defined under the Federal Employee Retirement Income Security Act (ERISA) of 1974, shall discriminate against optometry, as a class, or ophthalmology, as a class, with respect to the terms, conditions, privileges, and opportunity of participation or compensation for the same eye care services provided in this section.
(D) No health benefit plan or health maintenance organization shall impose on optometry, as a class, any condition or restriction which is not necessary for the delivery of services or materials, or both, in accordance with and subject to Chapter 37, Title 40.
(E) Any health maintenance organization or health benefit plan may contract for vision care benefits or medical eye care benefits or both. A health maintenance organization or health benefit plan may contract for surgery only services with ophthalmologists. A health maintenance organization or health benefit plan must be authorized to contract with optometrists and ophthalmologists as either individual panelists or network panelists.
(F) Nothing in this section may be construed to limit, expand, or otherwise affect the scope of practice of optometrists and therapeutically certified optometrists as provided for in Chapter 37, Title 40.
(G) Nothing in this section may be construed to preclude a covered person from receiving emergency medical eye care or to preclude a primary care physician from providing treatment for covered services in accordance with the terms of a health maintenance organization or health benefit plan.
(H) Nothing in this section may be construed to mandate coverage of any service.
(I) Nothing in this plan may be construed to prohibit a health maintenance organization or health benefit plan from professionally credentialing and evaluating all individual optometrists or ophthalmologists within a network or plan in a non-discriminatory manner. Nothing in this section may be construed to prohibit any health maintenance organization or health benefit plan from limiting the number of optometrists or ophthalmologists in a non-discriminatory manner or to prohibit a health maintenance organization or health benefit plan from negotiating individually with optometrists or ophthalmologists for individual rates and eye care services in a non-discriminatory manner.
(J) Any person aggrieved by a violation of this section may file a complaint with the Department of Insurance. After notice to the health maintenance organization or health benefit plan and an opportunity for it to submit a written response to the complaint, the director of the department may take a written determination regarding the complaint. Any party aggrieved by the director's determination is entitled administrative and judicial review pursuant to Article 3, Chapter 23, Title 1. The director or the administrative law judge, if a hearing before the Administrative Law Judge Division is requested, may impose sanctions that are authorized under current insurance laws if a violation of this section is found to have occurred."
SECTION 3. This act takes effect 180 days after signature by the Governor; however, existing contacts may comply with the requirements of this act at their next renewal date./
Renumber sections to conform.
Amend title to conform.
Rep. MEACHAM explained the amendment.
The amendment was then adopted.
Reps. CATO and MEACHAM proposed the following Amendment No. 2 (Doc Name P:\AMEND\PSD\7295ac.97), which was adopted.
Amend the committee report, Section 38-71-440(J), page 3279-3, line 23, by deleting /may/ and inserting /must/.
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
Rep. MEACHAM explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. MEACHAM, with unanimous consent, it was ordered that H. 3279 be read the third time tomorrow.
The following Bill was taken up.
S. 285 -- Senators Alexander and J. Verne Smith: A BILL TO AMEND CHAPTER 8, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "UNIFORM TRADE SECRETS ACT", SO AS TO, AMONG OTHER THINGS, CHANGE THE NAME AND SCOPE OF THE CHAPTER TO THE "SOUTH CAROLINA TRADE SECRETS ACT", CHANGE THE DEFINITION OF VARIOUS TERMS, ADD NEW DEFINITIONS, AND ADD CERTAIN PROVISIONS OF LAW.
Rep. DAVENPORT proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20584SD.97), which was ruled out of order.
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION _____. The 1976 Code is amended by adding:
"Section 39-1-65. Notwithstanding any other provision of law, if any state agency or department or state-supported institution of higher learning develops a product or a service, it only may sell the product or the service to public sector recipients, but in doing so, the agency, department, or institution shall not duplicate or harm existing private sector enterprise unless the Budget and Control Board authorizes the agency, department, or institution to market the product or the service to the private or public sectors because there are no other private sector vendors within the State who market the same or a substantially similar product or service."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
Rep. KLAUBER raised a Point of Order that Amendment No. 1 was not germane to the Bill.
Rep. DAVENPORT argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
The Bill was read the second time and ordered to third reading.
On motion of Rep. CATO, with unanimous consent, it was ordered that S. 285 be read the third time tomorrow.
The following Bill was taken up.
H. 3546 -- Reps. Knotts, Whatley, Bauer, Rice and Koon: A BILL TO AMEND SECTION 20-7-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING EMERGENCY PHYSICAL OR PROTECTIVE CUSTODY OF A CHILD BY LAW ENFORCEMENT OFFICERS, SO AS TO CHANGE THE TIME WITHIN WHICH THE DEPARTMENT OF SOCIAL SERVICES SHALL CONDUCT A PRELIMINARY INVESTIGATION TO DETERMINE WHETHER GROUNDS FOR ASSUMING LEGAL CUSTODY OF THE CHILD EXIST; TO PROVIDE THAT UPON CONCLUDING AFTER A PRELIMINARY INVESTIGATION THAT THE CHILD SHOULD BE RETURNED TO THE CHILD'S PARENT, GUARDIAN, OR CUSTODIAN, THE DEPARTMENT SHALL CONSULT WITH THE LAW ENFORCEMENT AGENCY RATHER THAN THE LAW ENFORCEMENT OFFICER WHO TOOK EMERGENCY PHYSICAL CUSTODY OF THE CHILD, AND THAT IF THE AGENCY OBJECTS TO THE RETURN OF THE CHILD, THE DEPARTMENT MUST ASSUME LEGAL CUSTODY OF THE CHILD UNTIL A PROBABLE CAUSE HEARING CAN BE HELD; TO CHANGE THE TIME WITHIN WHICH THE DEPARTMENT OF SOCIAL SERVICES SHALL CONDUCT A PRELIMINARY INVESTIGATION UNDER THIS SECTION TO NINETY-SIX HOURS RATHER THAN SEVENTY-TWO HOURS AFTER THE CHILD WAS TAKEN INTO EMERGENCY PROTECTIVE CUSTODY BY A LAW ENFORCEMENT OFFICER; TO PROVIDE THAT THE FAMILY COURT SHALL SCHEDULE A PROBABLE CAUSE HEARING TO BE HELD WITHIN NINETY-SIX HOURS RATHER THAN SEVENTY-TWO HOURS OF THE TIME THE CHILD WAS TAKEN INTO EMERGENCY PROTECTIVE CUSTODY OR WITHIN SEVENTY-TWO HOURS OF THE TIME THE CHILD WAS TAKEN INTO EMERGENCY PHYSICAL CUSTODY IF LEGAL CUSTODY SUBSEQUENTLY WAS ASSUMED BY THE DEPARTMENT; AND TO PROVIDE THAT IF THE FOURTH DAY, RATHER THAN THE THIRD DAY, FALLS UPON A SATURDAY, SUNDAY, OR HOLIDAY, THE PROBABLE CAUSE HEARING MUST BE HELD NO LATER THAN THE NEXT WORKING DAY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20521MM.97 ), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-7-490(26) and (27) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(26) 'Emergency physical protective custody' means the right to physical custody of a child for a temporary period of no more than twenty-four hours to protect the child from imminent danger.
(27) "Emergency protective custody" means the right to exercise temporary physical and legal custody of a child to protect the child from imminent danger. Emergency protective custody may be taken only by a law enforcement officer pursuant to this article."/
SECTION 2. Section 20-7-610 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"Section 20-7-610. (A) A law enforcement officer may take emergency physical custody or emergency protective custody of a child without the consent of the child's parents, guardians, or others exercising temporary or permanent control over the child if:
(1) the officer has probable cause to believe that by reason of abuse or neglect the child's life, health, or physical safety would be is in substantial and imminent danger if the child were is not taken into emergency physical custody or emergency protective custody and there is not time to apply for a court order pursuant to Section 20-7-736;
(2) the child's parent, parents, or guardian has been arrested or the child has become lost accidentally and as a result the child's welfare is threatened due to loss of adult protection and supervision; and
(a) in the circumstances of arrest, the parent, parents, or guardian does not consent in writing to another person assuming physical custody of the child;
(b) in the circumstances of a lost child, a search by law enforcement has not located the parent, parents, or guardian.
It is presumed that the child was taken into emergency physical custody, unless the officer clearly communicates to the department that the officer intended to take full emergency protective custody, involving both legal and physical custody, rather than having the decision concerning legal custody made after a preliminary investigation as provided in subsections (D) through (G).
(B) If the child is in need of emergency medical care at the time the child is taken into emergency physical custody or emergency protective custody, the officer shall transport the child to an appropriate health care facility. Emergency medical care may be provided to the child without consent, as provided in Section 20-7-290. The parent or guardian is responsible for the cost of any emergency medical care that is provided to the child. However, the parent or guardian is not responsible for the cost of medical examinations performed at the request of law enforcement or the department solely for the purpose of assessing whether the child has been abused or neglected unless it is determined that the child has been harmed as defined in this article.
If the child is not in need of emergency medical care, the officer or the department shall transport the child to a place agreed upon by the department and law enforcement, and the department within two hours shall assume physical control of the child and shall place the child in a licensed foster home or shelter within a reasonable period of time. In no case may the child be placed in a jail or other secure facility or a facility for the detention of criminal or juvenile offenders. While the child is in its custody, the department shall provide for the needs of the child and assure that a child of school age who is physically able to do so continues attending school.
(C) When an officer takes a child into emergency physical custody or emergency protective custody under this section the officer immediately shall notify the department. The department shall notify the parent, guardian, or other person exercising temporary or permanent control over the child as early as reasonably possible of the location of the child unless there are compelling reasons for believing that disclosure of this information would be contrary to the best interests of the child.
(D) The department shall conduct within twenty-four hours after the child is taken into emergency physical protective custody by law enforcement or pursuant to ex parte order a preliminary investigation to determine whether grounds for assuming legal custody of the child exist and whether reasonable means exist for avoiding removal of the child from the home of the parent or guardian or for placement of the child with a relative and means for minimizing the emotional impact on the child of separation from the child's home and family. During this time the department, if possible, shall convene, a meeting with the child's parents or guardian, extended family, and other relevant persons to discuss the family's problems that led to intervention and possible corrective actions, including placement of the child.
(E) Before agreeing to or acquiescing in a corrective action that involves placement of the child with a relative or other person or making an interim placement with a relative while retaining custody of the child or as soon as possible after agreeing to or acquiescing in a corrective action, the department shall secure from the relative or other person and other adults in the home an affidavit attesting to information necessary to determine whether a criminal history or history of child abuse or neglect exists and whether this history indicates there is a significant risk that the child would be threatened with abuse or neglect in the home of the relative or other person. As soon as possible, the department shall confirm the information supplied in the affidavit by checking the Central Registry of Child Abuse and Neglect, other relevant department records, county sex offender registries, and records for the preceding five years of law enforcement agencies in the jurisdiction in which the relative or other person resides and, to the extent reasonably possible, jurisdictions in which the relative or other person has resided during that period. The department must not agree to or acquiesce in a placement if the affidavit or these records reveal information indicating there is a significant risk that the child would be threatened with abuse or neglect in the home of the relative or other person. The relative or other person must consent to a check of the above records by the department.
(F) If the department determines after the preliminary investigation that there is probable cause to believe that by reason of abuse or neglect the child's life, health, or physical safety is in imminent and substantial danger, the department may assume legal custody of the child without the consent of the child's parent, guardian, or custodian. The department shall make every reasonable effort to notify the child's parent, guardian, or custodian of the location of the child and temporary shall make arrangements for temporary visitation unless there are compelling reasons why visitation or notice of the location of the child would be contrary to the best interests of the child. The notification must be in writing and shall include notice of the right to a hearing and right to counsel pursuant to this article. Nothing in this subsection authorizes the department to physically remove a child from the care of the child's parent or guardian without an order of the court. The department may exercise the authority to assume legal custody only after a law enforcement officer has taken emergency physical protective custody of the child or the family court has granted emergency protective custody by ex parte order, and the department has conducted a preliminary investigation pursuant to this section.
(G) If emergency protective custody of the child was taken by a law enforcement officer pursuant to subsection (A), and the department concludes after the preliminary investigation that the child should be returned to the child's parent, guardian, or custodian, the department shall consult with the law enforcement officer who took emergency protective physical custody of the child. unless the department and the law enforcement agency have agreed to an alternative procedure. If the officer objects to the return of the child, the department must assume legal custody of the child until a probable cause hearing can be held. The alternative procedure agreed to by the department and the law enforcement agency may provide that the child must be retained in custody if the officer cannot be contacted, conditions under which the child may be returned home if the officer cannot be contacted, other persons within the law enforcement agency who are to be consulted instead of the officer, or other procedures. If no alternative procedure has been agreed to and the department is unable to contact the law enforcement officer after reasonable efforts to do so, the department shall consult with the officer's designee or the officer's agency.
(H) The period of emergency protective custody may be extended for up to twenty-four additional hours if:
(1) the department concludes that the child is to be placed with a relative or other person instead of taking legal custody of the child;
(2) the department requests the appropriate law enforcement agency to check for records concerning the relative or other person, or any adults in that person's home; and
(3) the law enforcement agency notifies the department that the extension is needed to enable the law enforcement agency to complete its record check before the department's decision on whether to take legal custody of the child.
(I) If within the twenty-four hours following removal of the child:
(1) the department has identified a specified relative or other person with whom it has determined that the child is to be placed instead of the department's taking legal custody of the child; and
(2) both the relative or other person with whom the child is to be placed and the child's parent or guardian have agreed to the placement, the department may retain physical custody of the child for no more than five additional days if necessary to enable the relative or other person to make travel or other arrangements incident to the placement. If the placement does not occur as planned, the department immediately must determine whether to assume legal custody of the child and file a petition as provided in subsection (K). The department shall assure that the child is given age-appropriate information about the plans for placement and any subsequent changes in those plans at the earliest feasible time.
(H) (J) If a law enforcement officer takes a child into emergency protective custody, clearly states to the department at the time the officer delivers physical control of the child to the department that the child is not to be returned to the home or placed with a relative before a probable cause hearing regardless of the outcome of a preliminary investigation, the department immediately must take legal custody of the child. In this case, at a minimum, the department shall conduct a preliminary investigation as provided in this section within seventy-two hours after the child was taken into emergency protective custody and shall make recommendations concerning return of the child to the home or placement with a relative or other person to the family court at the probable cause hearing or take other appropriate action as provided in this chapter.
(I) (K) The department, upon assuming legal custody of the child or upon notice from law enforcement that a child has been taken into emergency protective custody, shall begin a child protective investigation, including immediate attention to the protection of other children in the home, or other setting where the child was found. The department shall initiate a removal proceeding in the appropriate family court pursuant to Section 20-7-736 on or before the next working day after initiating the investigation concerning a child taken into emergency protective custody. If a noncustodial parent is not named as a party, the department shall exercise every reasonable effort to promptly notify the noncustodial parent that a removal proceeding has been initiated and of the date and time of any hearings scheduled pursuant to this section. Upon a determination by the department before the probable cause hearing that there is not a preponderance of evidence that child abuse or neglect occurred, the department may place physical custody of the child with the parent, parents, guardian, immediate family member, or relative, with the department retaining legal custody pending the probable cause hearing. When the facts and circumstances of the report clearly indicate that no abuse or neglect occurred, the report promptly must be determined to be unfounded, and the department shall exercise reasonable efforts to expedite the placement of the child with the parent, parents, guardian, immediate family member, or relative.
(J)(L) If the child is returned to the child's parent, guardian, or custodian following the preliminary investigation, a probable cause hearing must be held if requested by the child's parent, guardian, or custodian or the department or the law enforcement agency that took emergency physical protective custody of the child. The request must be made in writing to the court within ten days after the child is returned. A probable cause hearing pursuant to subsection (K) must be scheduled within seven days of the request to determine whether there was probable cause to take emergency physical custody of the child.
(K)(M) The family court shall schedule a probable cause hearing to be held within seventy-two hours of the time the child was taken into emergency protective custody or within seventy-two hours of the time the child was taken into emergency physical custody if legal custody subsequently was assumed by the department. If the third day falls upon a Saturday, Sunday, or holiday, the probable cause hearing must be held no later than the next working day. If there is no term of court in the county when the probable cause hearing must be held, the hearing must be held in another county in the circuit. If there is no term of family court in another county in the circuit, the probable cause hearing may be heard in another court in an adjoining circuit. The probable cause hearing may be conducted by video conference at the discretion of the judge. At the probable cause hearing, the family court shall undertake to fulfill the requirements of Section 20-7-110 and shall determine whether there was and remains probable cause for the law enforcement officer to take taking emergency physical protective custody and for the department to assume legal custody of the child and shall determine whether probable cause to retain legal custody of the child remains at the time of the hearing. If emergency protective custody of the child was taken, the family court shall determine whether there was and remains probable cause for the law enforcement officer to take emergency protective custody of the child. At the probable cause hearing, the respondents may submit affidavits as to facts which are alleged to form the basis of the removal and to cross-examine the department's witnesses as to whether there existed probable cause to effect emergency removal. The hearing to determine whether removal of custody is needed, pursuant to Section 20-7-736, must be held within thirty-five days of the date of receipt of the removal petition.
(L) (N) An order issued as a result of the probable cause hearing held pursuant to subsection (K) concerning a child of whom the department has assumed legal custody shall contain a finding by the court of whether reasonable efforts were made by the department to prevent removal of the child and a finding of whether continuation of the child in the home would be contrary to the welfare of the child. The order shall state:
(1) the services made available to the family before the department assumed legal custody of the child and how they related to the needs of the family;
(2) the efforts of the department to provide services to the family before assuming legal custody of the child;
(3) why the efforts to provide services did not eliminate the need for the department to assume legal custody;
(4) whether a meeting was convened as provided in subsection (D), the persons present, and the outcome of the meeting or, if no meeting was held, the reason for not holding a meeting;
(5) what efforts were made to place the child with a relative known to the child or in another familiar environment;
(6) whether the efforts to eliminate the need for the department to assume legal custody were reasonable including, but not limited to, whether services were reasonably available and timely, reasonably adequate to address the needs of the family, reasonably adequate to protect the child and realistic under the circumstances, and whether efforts to place the child in a familiar environment were reasonable.
An order issued as a result of the probable cause hearing held pursuant to subsection (K) concerning a child taken into emergency protective custody also shall contain the findings required in this subsection unless the court finds that the department's first contact with the child occurred under such circumstances that reasonable services would not have allowed the child to remain safely in the home. If the court finds that reasonable services would not have allowed the child to remain safely in the home, the court shall find that removal of the child without services or without further services was reasonable.
(M)(O) If the court orders the child to remain in the legal custody of the department at the probable cause hearing, the family court may order expedited placement of the child with a relative of the first or second degree. The court shall require the department to check the names of all adults in the home against the Central Registry of Child Abuse and Neglect, other relevant records of the department, county sex abuse registers, and records for the preceding five years of law enforcement agencies in the jurisdiction in which the person resides and, to the extent reasonably possible, jurisdictions in which the person has resided during that period. The court may hold open the record of the probable cause hearing for twenty-four hours to receive the reports and based on these reports and other information introduced at the probable cause hearing, the court may order expedited placement of the child in the home of the relative. Nothing in this subsection precludes the department from requesting or the court from ordering pursuant to the department's request either a full study of the relative's home before placement or the licensing or approval of the relative's home before placement.
(N)(P) The family court may order ex parte that a child be taken into emergency physical protective custody without the consent of parents, guardians, or others exercising temporary or permanent control over the child if:
(1) the family court judge determines there is probable cause to believe that by reason of abuse or neglect there exists an imminent and substantial danger to the child's life, health, or physical safety; and
(2) parents, guardians, or others exercising temporary or permanent control over the child are unavailable or do not consent to the child's removal from their custody.
(O)(Q) If the court issues such an order the court shall schedule a hearing, pursuant to the provisions of Section 20-7-736 and pursuant to the requirements of subsection (K), within seventy-two hours after the child was taken into emergency physical custody. If the third day falls upon a Saturday, Sunday, or holiday, the hearing must be held no later than the next working day, the department shall conduct a preliminary investigation and otherwise proceed as provided in this section.
(P)(R) The department and local law enforcement agencies shall develop written protocols to address issues related to emergency physical custody and emergency protective custody. The protocols shall cover at a minimum information exchange between the department and local law enforcement agencies, consultation on decisions to assume legal custody, and the transfer of responsibility over the child, including mechanisms and assurances for the department to arrange expeditious placement of the child."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and 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.
On motion of Rep. YOUNG, with unanimous consent, it was ordered that H. 3546 be read the third time tomorrow.
The following Joint Resolution was taken up.
H. 3770 -- Reps. Kelley, Harrison and Keegan: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH A PILOT CHILD PROTECTIVE SERVICES SYSTEM IN ONE REGION OF THE STATE WHICH ALLOWS THE DEPARTMENT TO DIVERT CHILD ABUSE AND NEGLECT CASES TO AN ASSESSMENT TRACK RATHER THAN FOLLOWING NORMAL PROTOCOL WHEN CERTAIN MORE SERIOUS FORMS OF ALLEGED ABUSE OR NEGLECT ARE NOT PRESENT; TO ESTABLISH THE PROCEDURES UNDER WHICH THE DEPARTMENT SHALL OPERATE THIS PILOT; TO REQUIRE THE DEPARTMENT TO REPORT TO THE HOUSE AND SENATE JUDICIARY COMMITTEES ON THE EFFECTIVENESS OF THE PILOT; AND TO PROVIDE FOR THE TERMINATION OF THE PILOT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7264AC.97), which was adopted.
Amend the joint resolution, as and if amended, Subsection (A) of SECTION 1, Page 1, line 29, after / region / by inserting / or up to three counties / so when amended subsection (A) reads:
/(A) The Department of Social Services is authorized to establish in one region or up to three counties of the State a pilot child protective services system as set forth in this joint resolution. The pilot shall commence no sooner than January 1, 1998, and no later than January 1, 1999. It shall continue for two years after it is commenced and until the conclusion of the next legislative session thereafter. The pilot will test a child protection system that acknowledges the different intervention needs of families by providing for a family assessment track instead of normal protocol in certain cases. For purposes of this pilot, the definitions of child abuse and neglect and related terms as contained in Section 20-7-490 of the 1976 Code apply and nothing in this joint resolution may be construed to expand the jurisdiction of the department. It is the intent of the General Assembly that an alternative manner of intervention be developed that diminishes the need for family court involvement but does not increase the number of families receiving child protective service interventions. Provisions of Chapter 7, Title 20 of the 1976 Code that do not conflict with the provisions of this joint resolution apply to the pilot. /
Amend the joint resolution, subsection (B) of SECTION 1, page 2, line 6 by deleting /operationalized/ and inserting /instituted/. So when amended subsection (B) reads:
/(B) Before the pilot child protective services system is instituted, the department shall assure that all participants in the pilot are thoroughly trained in matters relating to their role in the pilot, utilizing to the extent possible existing training resources for each profession. At a minimum, training should be provided to caseworkers, attorneys, solicitors, guardians ad litem, judges, and law enforcement personnel. Informational materials concerning the pilot should be prepared for families and their attorneys./
Renumber sections to conform.
Amend totals and title to conform.
Rep. YOUNG explained the amendment.
The SPEAKER granted Rep. LEACH a leave of absence for the remainder of the day.
Rep. YOUNG continued speaking.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
On motion of Rep. YOUNG, with unanimous consent, it was ordered that H. 3770 be read the third time tomorrow.
The following Bill was taken up.
H. 3786 -- Reps. Knotts, H. Brown, Young, Inabinett, Barrett, Battle, Bailey, Koon, Gourdine, Chellis, Young-Brickell, Law, Kinon, Cromer, Whatley, Riser, Leach, Bauer and Meacham: A BILL TO AMEND ARTICLE 4, CHAPTER 31, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCEALED WEAPONS PERMITS BY ADDING SECTION 23-31-240 SO AS TO PROVIDE THAT A JUDGE OR MAGISTRATE MAY CARRY A CONCEALABLE WEAPON ANYWHERE WITHIN THE STATE AFTER COMPLETING A SLED FIREARMS TRAINING COURSE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15133CM.97).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 4, Chapter 31, Title 23 of the 1976 Code is amended by adding:
"Section 23-31-240. Notwithstanding another provision contained in this article, an active, former, or retired Supreme Court justice, judge of the Court of Appeals, circuit court judge, family court judge, master-in-equity, probate court judge, magistrate, or municipal court judge, who possesses a valid permit pursuant to this article, may carry a concealable weapon anywhere within the State."
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. STUART, LIMEHOUSE, NEILSON, MILLER, KIRSH and T. BROWN objected to the Bill.
Rep. SIMRILL requested debate on the Bill.
Rep. LEE objected to the Bill.
Reps. KELLEY, LIMBAUGH and EASTERDAY requested debate on the Bill.
The following Bill was taken up.
H. 3383 -- Reps. Robinson, Cotty, Inabinett, Lloyd, Whipper, Campsen, Trotter, Sandifer, Klauber, Altman and Beck: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO AS TO PROVIDE FOR THE AWARD OF ATTORNEY'S FEES IN CONTESTED ADMINISTRATIVE PROCEEDINGS UNDER THE ADMINISTRATIVE PROCEDURES ACT THAT ARE INITIATED BY THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR A PARTY CONTESTING SUCH ACTION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20557SD.97), which was adopted.
Amend the bill, as and if amended, by striking Section 15-77-300 of the 1976 Code, as contained in SECTION 1, beginning on page 1, and inserting:
/Section 15-77-300. In any civil action or administrative proceeding brought by or against the State, any a political subdivision or agency of the State, or any party who is contesting state action, unless the prevailing party is the State or any a political subdivision or agency of the State, the court, chief procurement officer, Procurement Review Panel, or other appropriate state officer or agency may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency or losing party if it is found that:
(1) The court finds that the agency or losing party acted without substantial justification in pressing its claim against the prevailing party or the state action; and
(2) The court finds that there are no special circumstances that would make the award of attorney's fees unjust.
The provisions of this section do not apply to civil actions relating to the establishment of public utility rates, disciplinary actions by state licensing boards, habeas corpus or post conviction relief actions, child support actions, except as otherwise provided for herein, and child abuse and neglect actions, except as provided by law./
Amend the bill further, by adding an appropriately numbered new SECTION to read:
/SECTION ______. Section 15-77-310 of the 1976 Code is amended to read:
"Section 15-77-310. The prevailing party shall petition for the attorney's fees within thirty days following the later of:
(1) final disposition of the case.; or
(2) the issuance of a final administrative decision.
The petition must be supported by an affidavit setting forth the basis for the request."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMBAUGH explained the amendment.
The amendment was then adopted.
Reps. F. SMITH, NEAL, SCOTT and McMAHAND objected to the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. LIMBAUGH asked unanimous consent that H. 3383 be read a third time tomorrow.
Rep. NEAL objected.
Rep. D. SMITH moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4074 -- Reps. Cromer and J. Smith: A CONCURRENT RESOLUTION COMMENDING THE JUNIOR LEAGUE OF COLUMBIA, INC., FOR ITS LEADERSHIP AND COMMITMENT TO HELPING MEET THE CHALLENGE OF SCHOOL READINESS IN RICHLAND SCHOOL DISTRICT ONE WITH THE SUCCESSFUL PILOT YEAR OF "SMART MATTERS" AND FURTHER COMMENDING THE JUNIOR LEAGUE AND RICHLAND SCHOOL DISTRICT ONE FOR THEIR UNIQUE PARTNERSHIP IN THIS ENDEAVOR.
H. 4076 -- Reps. Young, Woodrum, Canty, Neal and G. Brown: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE REVEREND WILLIAM C. "BILL" BOCHMAN, JR., OF SUMTER COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
H. 4078 -- Rep. Lanford: A CONCURRENT RESOLUTION DESIGNATING BUBBAFEST AND ITS BUBBA-Q COOKOFF CONTEST IN WOODRUFF IN SPARTANBURG COUNTY AS "THE KANSAS CITY BARBEQUE SOCIETY (KCBS) STATE OF SOUTH CAROLINA CHAMPIONSHIP BARBEQUE" ANNUALLY.
At 12:00 Noon the House in accordance with the motion of Rep. STODDARD adjourned in memory of Faye W. Taylor of Fountain Inn, to meet at 10:00 A.M. tomorrow.
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