Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
God of all goodness, we thank You for this period of prayer when other sounds are hushed as we concentrate our thoughts on our Maker and Sustainer. Make us to know above all else that our omnipotent God always stands near in majesty, holiness, and judgement and that nothing we think, say, or do can escape His eye of scrutiny. Keep us true to Your teachings that radiant joy may transform every duty and that every task be met with Your divine approval.
We make our prayer to our God Who is more ready to hear than we are to pray. 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. WILKINS moved that when the House adjourns, it adjourn in memory of Reverend William C. Reid of Greenville, which was agreed to.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3785 -- Rep. Askins: A BILL TO AMEND SECTION 5-25-1370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS COMMITTING A FIRST VIOLATION OF CERTAIN PROVISIONS OF LAW REQUIRING SMOKE DETECTORS HAVING FIFTEEN DAYS TO INSTALL A SMOKE DETECTOR OR REPAIR OR REPLACE THE DETECTOR, SO AS TO REDUCE THIS TIME TO SEVEN DAYS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 652 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF STATE FIRE MARSHAL, RELATING TO PROXIMATE AUDIENCE PYROTECHNICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2061, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
The following was introduced:
H. 4092 -- Reps. Canty and Neal: A CONCURRENT RESOLUTION CONGRATULATING ST. PAUL A.M.E. CHURCH-SHAWFIELD ON ITS ONE HUNDRED NINETEENTH ANNIVERSARY.
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. 4093 -- Reps. Bauer, Limehouse, Loftis, Seithel, Campsen, Easterday, Young, Bailey, Jordan, Knotts, Leach, Beck, R. Smith, Stuart, Hamilton, Battle, Mack, Riser, Vaughn, Fleming, Cooper, Lanford, Davenport and Harvin: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 80 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL SECOND AMENDMENT LICENSE PLATES TO FIREARMS ENTHUSIASTS IN SOUTH CAROLINA.
Referred to Committee on Education and Public Works.
S. 57 -- Senator Rose: A BILL TO AMEND CHAPTER 9, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO ESTABLISH A PROCEDURE BY WHICH UNPAID GOVERNMENTAL SERVICE FEES OR CHARGES MAY BECOME LIENS ON THE REAL PROPERTY SERVICED.
Referred to Committee on Judiciary.
On motion of Rep. KENNEDY, with unanimous consent, the following was taken up for immediate consideration:
H. 4094 -- Reps. Kennedy and Harvin: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA INDEPENDENT SCHOOLS STUDENT ASSOCIATION TO USE THE HOUSE CHAMBER ON TUESDAY, SEPTEMBER 16, 1997, FOR ITS MEETING AND CONFERENCE.
Be it resolved by the House of Representatives:
That the South Carolina Independent Schools Student Association may use the chamber of the House of Representatives on Tuesday, September 16, 1997, for its meeting and conference. If the House is in statewide session, the chamber may not be used.
Be it further resolved that the appropriate security forces provide such assistance and access as may be necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to the South Carolina Independent Schools Student Association for the use of the chamber.
Be it further resolved that a copy of this resolution be forwarded to Bryan K. Wates, President of the South Carolina Independent Schools Student Association.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Barfield Barrett Battle Bauer Baxley Beck Bowers Breeland Brown, H. Brown, J. Brown, T. Campsen Canty Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay McLeod McMaster Meacham Miller Mullen Neal Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart 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 Wednesday, April 30.
Ronald P. Townsend Marion P. Carnell Denny W. Neilson Alma W. Byrd Willie B. McMahand Harry R. Askins George H. Bailey James H. Hodges Grady A. Brown Anne Parks Bessie Moody-Lawrence William D. Boan Douglas Jennings, Jr.
DOCTOR OF THE DAY
Announcement was made that Dr. Roy Nickles of Charleston is the Doctor of the Day for the General Assembly.
Rep. KELLEY and the Horry County Delegation presented to the House the Myrtle Beach High School Lady Seahawks Basketball Team, winners of the 1996-97 Class AAA Girls State Basketball Championship, their coaches and other school officials.
Rep. EDGE presented to the House the University of South Carolina Men's Basketball Team, the 1997 Southeastern Conference Champions, their coaches and other staff.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 4083 -- Rep. Bowers: A JOINT RESOLUTION TO PROVIDE THAT THE TEACHER IN-SERVICE DAY OF SEPTEMBER 5, 1996, MISSED IN SCHOOL DISTRICT NUMBER 1 OF HAMPTON COUNTY FOR SCHOOL YEAR 1996-97 BECAUSE OF A HURRICANE WARNING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT DAYS MISSED BECAUSE OF EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3771 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-2-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES AND USES OF THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY FUND SO AS TO CLARIFY THAT THE SUPERB FINANCIAL RESPONSIBILITY FUND CAN PAY CLAIMS DIRECTLY, TO REQUIRE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S INTERVENTION COSTS NOT AFFECT THE PER OCCURRENCE COVERAGE AMOUNTS, AND TO CLARIFY THAT, AS ACCOUNT AND FUND ADMINISTRATORS, THE STATE AND DEPARTMENT DO NOT ASSUME ADDITIONAL LIABILITY WHEN FUNDING IS INSUFFICIENT; TO AMEND SECTION 44-2-50, AS AMENDED, RELATING TO UNDERGROUND STORAGE TANK REQUIREMENTS SO AS TO CLARIFY THAT ANY LENDER LIABILITY EXEMPTION IS EXTENDED ONLY TO OWNERS OF PETROLEUM PRODUCT TANKS, TO AMEND SECTION 44-2-60, AS AMENDED, RELATING TO REGISTRATION OF UNDERGROUND STORAGE TANKS, SO AS TO REQUIRE AN ANNUAL REGISTRATION FEE FOR REGULATED TANKS, TO AUTHORIZE THE DEPARTMENT TO ASSESS PENALTIES FOR LATE FEES AND TO PROHIBIT THE DEPARTMENT FROM DISBURSING MONIES FROM THE SUPERB ACCOUNT OR SUPERB FINANCIAL RESPONSIBILITY FUND TO OWNERS OR OPERATORS WHO OWE FEES OR PENALTIES; TO AMEND SECTION 44-2-80, AS AMENDED, RELATING TO RELEASE OF REGULATED SUBSTANCES, SO AS TO CLARIFY THAT ANY LENDER LIABILITY EXEMPTION IS EXTENDED ONLY TO OWNERS OF PETROLEUM PRODUCT TANKS; AND TO AMEND SECTION 44-2-140, RELATING TO ENFORCEMENT OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO CLARIFY THE DEPARTMENT'S AUTHORITY TO ENFORCE THE ACT AND TO AUTHORIZE THE DEPARTMENT TO SUSPEND THE DISPENSING OF A PETROLEUM PRODUCT FROM TANKS THAT POSE AN IMMINENT HAZARD.
H. 3059 -- Reps. Inabinett, Altman, Lloyd and Moody-Lawrence: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCLUDE SEAFOOD PROCESSING FACILITIES WITHIN THE CLASSIFICATION OF AGRICULTURAL REAL PROPERTY.
H. 3271 -- Reps. D. Smith, Lanford, Edge, Kelley, Allison, Walker, Witherspoon, Davenport, Littlejohn, Lee and Keegan: A BILL TO AMEND SECTION 4-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF A SALES AND USE TAX OR TOLLS TO FINANCE TRANSPORTATION FACILITIES PROJECTS WITHIN A COUNTY, SO AS TO DELETE THE REQUIREMENT THAT WHEN THE SALES AND USE TAX IS IMPOSED, THE PROJECTS MUST BE CONNECTED AND FORM A SINGLE TRANSPORTATION SYSTEM.
Rep. H. BROWN explained the Bill.
H. 3298 -- Reps. Walker, Sharpe, Cotty, Wilder, Vaughn, Sandifer, Cato, Allison, Bailey, Littlejohn, Cooper, Kelley, Leach, Rhoad, Stille, Townsend, Stoddard, Barrett, Trotter, Harrell, Martin, Lanford, Keegan and Davenport: A BILL TO AMEND SECTION 12-43-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIPLE LOT DISCOUNT ALLOWED FOR PURPOSES OF PROPERTY TAX VALUATION WHEN UNDEVELOPED ACREAGE IS SURVEYED INTO INDIVIDUAL RESIDENTIAL LOTS, SO AS TO DELETE THE DISCOUNT PROVISION AND PROVIDE THAT THE VALUE OF THESE LOTS AND ANY IMPROVEMENTS IS DEEMED TO BE ITS UNDEVELOPED VALUE UNTIL THE SOONER OF THE DATE THE LOT IS SOLD OR THE RESIDENCE CONSTRUCTED THEREON IS CERTIFIED FOR OCCUPANCY.
H. 3345 -- Reps. Littlejohn, Barfield, Hinson, Rice, Neilson, Cave, Stille, Davenport, Cobb-Hunter, Inabinett, Whipper, Mason, Allison, Moody-Lawrence, Trotter, Walker, Barrett, Sandifer, Byrd, Lloyd, Kennedy, Webb, Young, McCraw, Mack, Lee, Altman, R. Smith, Leach, T. Brown, Wilder, J. Hines, Dantzler, Battle, Gourdine, Rodgers, Bowers, Maddox, Fleming, Martin and McLeod: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT NOT MORE THAN TWO PERSONAL MOTOR VEHICLES OWNED OR LEASED BY A PERSON WHO IS LEGALLY BLIND AND TO DEFINE "LEGALLY BLIND".
Rep. H. BROWN explained the Bill.
H. 3419 -- Reps. Cobb-Hunter, R. Smith, Harrell, Kennedy and Harvin: A BILL TO AMEND SECTIONS 59-127-310, 59-127-320, 59-127-400, 59-127-440, AND 59-127-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL OBLIGATION BONDS OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO DEFINE "NET ATHLETIC REVENUES" AND ADD THESE REVENUES TO THOSE REVENUE SERVICES PREVIOUSLY AVAILABLE FOR DEBT SERVICE ON THESE BONDS, TO REMOVE THE THREE MILLION DOLLAR OUTSTANDING DEBT LIMIT FOR THESE BONDS, TO AUTHORIZE BOND PROCEEDS TO BE USED FOR ACQUIRING, CONSTRUCTING, RECONSTRUCTING, RENOVATING, OR EQUIPPING ATHLETIC FACILITIES, AND TO REFUND PREVIOUSLY ISSUED BONDS, AND TO DELETE PROVISIONS RELATING TO ADVERTISING OF ISSUES.
H. 3465 -- Reps. Hodges and Harrell: A BILL TO AMEND SECTION 9-1-1770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRERETIREMENT DEATH BENEFITS FOR A STATE EMPLOYEE, SO AS TO PROVIDE FOR A FIFTY PERCENT DEATH BENEFIT TO ELIGIBLE SURVIVORS WHEN THE EMPLOYEE DIES A VIOLENT DEATH WHILE PERFORMING STATE DUTIES; TO AMEND SECTION 9-1-1680, AS AMENDED, RELATING TO EXEMPTION OF STATE RETIREMENT BENEFITS FROM CERTAIN TAX LIABILITY, SO AS TO PROVIDE FOR THE NONTAXABILITY OF THE PRERETIREMENT DEATH BENEFITS PAYABLE TO ELIGIBLE SURVIVORS OF A STATE EMPLOYEE WHO DIES A VIOLENT DEATH WHILE PERFORMING STATE DUTIES; AND TO AMEND SECTION 59-111-110, RELATING TO TUITION WAIVERS FOR CHILDREN OF CERTAIN STATE EMPLOYEES, SO AS TO INCLUDE THE SURVIVING CHILDREN OF A STATE EMPLOYEE WHO DIES A VIOLENT DEATH WHILE PERFORMING STATE DUTIES.
Rep. H. BROWN explained the Bill.
H. 3468 -- Rep. Altman: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE DWELLING HOME AND LOT OF A FORMER PRISONER OF WAR OR MEDAL OF HONOR WINNER AND TO PROVIDE THE CONDITIONS UNDER WHICH THE EXEMPTION CONTINUES FOR A SURVIVING SPOUSE.
H. 3498 -- Reps. Knotts, Kennedy, Cobb-Hunter, Govan, Inabinett, Neal, Lanford, Whatley, McCraw, Bailey, Chellis, Young, Harrell, Scott, Simrill, Wilkins, Clyburn, Harrison, J. Smith, Riser, Altman, Fleming, Haskins, Tripp, Davenport, Keegan, Delleney and Bauer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-765 SO AS TO AUTHORIZE THE TRANSFER OF ANNUAL LEAVE AND SICK LEAVE BETWEEN SPOUSES WHEN BOTH ARE EMPLOYED BY STATE AGENCIES SUBJECT TO THE TERMS AND CONDITIONS OF THE STATE EMPLOYEE LEAVE-TRANSFER PROGRAM.
H. 3548 -- Rep. Boan: A BILL TO AMEND SECTION 12-8-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING OF RETURNS AND PAYMENT BY A WITHHOLDING AGENT, SO AS TO DELETE REFERENCE TO "MAKE A RETURN"; TO AMEND SECTION 12-8-1530, RELATING TO FILING OF QUARTERLY RETURNS BY A WITHHOLDING AGENT, SO AS TO PROVIDE A DEADLINE FOR FILING THE FOURTH QUARTER RETURN; TO AMEND SECTION 12-8-1550, RELATING TO FILING OF STATEMENTS BY A WITHHOLDING AGENT, SO AS TO PROVIDE THAT INFORMATION MAY BE FILED ON MAGNETIC MEDIA.
H. 3550 -- Rep. Boan: A BILL TO AMEND SECTION 12-54-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION OF DISCLOSURE OF INFORMATION FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW EXAMINATION OF INFORMATION BY PERSONS CONTRACTED WITH FOR AUDIT OF STATEWIDE FINANCIAL STATEMENTS OR COLLECTION OF DELINQUENT TAXES, AND TO SUBSTITUTE "DEPARTMENT" FOR "COMMISSION".
H. 3553 -- Rep. Boan: A BILL TO AMEND SECTION 12-37-266, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTIONS FOR DWELLINGS HELD IN TRUST, SO AS TO PROVIDE FOR APPLICATION FOR THE EXEMPTION EFFECTIVE UNTIL OWNERSHIP STATUS CHANGES AND TO PROVIDE FOR PENALTIES FOR UNREPORTED CHANGES IN CLASSIFICATION.
H. 3554 -- Rep. Boan: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO CLARIFY THE CIRCUMSTANCES FOR EXEMPTION OF TANGIBLE PERSONAL PROPERTY PURCHASED PURSUANT TO A CONTRACT WITH THE FEDERAL GOVERNMENT.
H. 3556 -- Rep. Boan: A BILL TO AMEND SECTION 12-54-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME LIMITS FOR ASSESSMENT OF TAXES, SO AS TO DELETE REFERENCES TO FEES AND TO CLARIFY THE TIME LIMIT FOR FILING A CLAIM FOR CREDIT OR REFUND.
H. 3557 -- Reps. Wilkins and H. Brown: A BILL TO AMEND SECTION 6-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCOMMODATIONS TAX OVERSIGHT COMMITTEE, SO AS TO ELIMINATE THE COMMITTEE AND DEVOLVE ITS OVERSIGHT FUNCTION ON THE DEPARTMENT OF REVENUE AND TO DEVOLVE THE REPORTING REQUIREMENT ON THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
H. 3595 -- Reps. Stuart, Gamble, Knotts, Koon, Riser and Spearman: A BILL TO AMEND SECTION 6-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO REVISE THE MEANING OF THE TERMS "REVENUE BONDS" AND "BONDS"; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO ALLOW LOANS, BONDS, OR NOTES ISSUED TO A JOINT SYSTEM TO BE PAID FROM OTHER FUNDS AS MAY BE AVAILABLE AND TO ALLOW MEMBERS OF A JOINT SYSTEM TO CREATE, AS THEY CONSIDER NECESSARY, ADDITIONAL PROCEDURES WHICH GOVERN THE ISSUANCE OF ANY NOTES OR BONDS; TO AMEND SECTION 6-25-110, RELATING TO AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO ALLOW A JOINT SYSTEM TO USE OTHER SOURCES OF FUNDS AVAILABLE TO IT TO PAY FOR ISSUED BONDS; TO AMEND SECTION 6-25-113, RELATING TO SOURCES FROM WHICH JOINT SYSTEM BONDS ARE PAYABLE, SO AS TO ALLOW A MEMBER COUNTY OR MUNICIPALITY TO PROVIDE A PLEDGE OF ALL OR PART OF ANY REVENUES DERIVED AS PAYMENTS IN LIEU OF TAXES WITH RESPECT TO A PROJECT; TO AMEND SECTION 6-25-120, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO REQUIRE ONLY REVENUES AND OTHER FUNDS AVAILABLE TO THE JOINT SYSTEM TO BE USED TO PAY OR PLEDGED TO THE AMOUNT OF ANY NOTES, OBLIGATIONS, OR BONDS; AND TO AMEND SECTION 6-25-128, RELATING TO CONTRACTS BETWEEN MUNICIPALITIES AND JOINT SYSTEMS, SO AS TO ALLOW A MUNICIPALITY UNDER CONTRACT FOR THE PURCHASE OF CAPACITY AND OUTPUT FROM A JOINT SYSTEM TO PAY FROM REVENUES DERIVED FROM THE OWNERSHIP AND OPERATION OF THE WATER SYSTEM AND FROM OTHER SOURCES OF FUNDS AS MAY BE AVAILABLE, INCLUDING ANY AMOUNTS RECEIVED AS PAYMENTS IN LIEU OF TAXES.
H. 3650 -- Reps. Felder, Harrison, Cotty, Young, Davenport and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-515 SO AS TO PROVIDE PROCEDURES FOR THE DEPARTMENT OF SOCIAL SERVICES ISSUING A NOTICE OF FINANCIAL RESPONSIBILITY TO PERSONS OWING CHILD SUPPORT; TO AMEND SECTION 12-6-3470, AS AMENDED, RELATING TO THE EMPLOYER TAX CREDIT FOR EMPLOYING PERSONS WHO RECEIVED AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC), SO AS TO CHANGE AFDC TO FAMILY INDEPENDENCE, TO REVISE HEALTH INSURANCE REQUIREMENTS TO OBTAIN THE TAX CREDIT AND TO REVISE PROCEDURES FOR EMPLOYERS OBTAINING INFORMATION ON THE AVAILABILITY OF POTENTIAL EMPLOYEES; TO AMEND SECTION 20-7-941, RELATING TO LICENSE REVOCATION FOR NONPAYMENT OF CHILD SUPPORT, SO AS TO REVISE THE DEFINITION OF "LICENSE" WITH REGARD TO HUNTING, FISHING, OR TRAPPING; TO AMEND SECTION 20-7-944, AS AMENDED, RELATING TO LICENSING ENTITIES WHICH MUST PROVIDE INFORMATION TO THE DEPARTMENT OF SOCIAL SERVICES FOR CHILD SUPPORT ENFORCEMENT, SO AS TO REVISE THE FORM IN WHICH THIS INFORMATION MUST BE PROVIDED; TO AMEND SECTION 20-7-9520, AS AMENDED, RELATING TO SERVING A NOTICE OF FINANCIAL RESPONSIBILITY ON PERSONS OWING CHILD SUPPORT DEBTS, SO AS TO PROVIDE NOTICE FOR A RESCHEDULED OR SUBSEQUENT HEARING; TO AMEND SECTION 20-7-9530, AS AMENDED, RELATING TO PROCEDURES FOR FAILING TO APPEAR FOR A NEGOTIATION CONFERENCE CONCERNING A CHILD SUPPORT OBLIGATION, SO AS TO REQUIRE THE CONFERENCE TO BE RESCHEDULED IF THE PERSON DID NOT RECEIVE PROPER NOTICE; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID AND ASSISTANCE, SO AS TO, AMONG OTHER THINGS, CONFORM PROVISIONS TO THE FAMILY INDEPENDENCE ACT OF 1995, TO REVISE PROVISIONS TO ASSIST IMPLEMENTING THAT ACT AND TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 43-5-580, AS AMENDED, RELATING TO ENFORCEMENT OF SUPPORT OBLIGATIONS OF ABSENT PARENTS, SO AS TO REVISE THE DEFINITION OF AN APPLICANT FOR FAMILY INDEPENDENCE BENEFITS; TO AMEND SECTION 43-5-1110, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995, SO AS TO CHANGE THE TERM "AFDC" TO "FAMILY INDEPENDENCE"; TO AMEND SECTION 43-5-1120, RELATING TO EMPLOYMENT AND TRAINING PROGRAMS FOR FAMILY INDEPENDENCE APPLICANTS, SO AS TO PROVIDE THAT REFERRING CERTAIN APPLICANTS TO A JOB CLUB IS OPTIONAL RATHER THAN MANDATORY; TO AMEND SECTION 43-5-1135, RELATING TO STATE AGENCY GOALS TO EMPLOY WELFARE RECIPIENTS, SO AS TO CONFORM TERMS AND TO ESTABLISH ADDITIONAL GOALS; TO AMEND SECTION 43-5-1150, RELATING TO THE JOB TRAINING AND PARTNERSHIP ACT (JTPA) INCENTIVE FUNDS, SO AS TO ESTABLISH A GOAL OF FORTY PERCENT OF FAMILY INDEPENDENCE RECIPIENTS PARTICIPATING IN JTPA PROGRAMS; TO AMEND SECTION 43-5-1185, RELATING TO FAMILY SKILLS TRAINING PROGRAMS, SO AS TO MAKE PARTICIPATION IN THIS PROGRAM BASED ON NEED RATHER THAN REQUIRED AS A CONDITION OF ELIGIBILITY; TO AMEND SECTION 43-5-1190, RELATING TO AFDC ELIGIBILITY REQUIREMENTS, SO AS TO CONFORM TERM TO "FAMILY INDEPENDENCE" ELIGIBILITY; TO AMEND SECTION 43-5-1200, RELATING TO VEHICLE AND OTHER ASSET LIMITS FOR AFDC ELIGIBILITY, SO AS TO CONFORM TERMS AND EXEMPT ONE VEHICLE FROM THE ASSET LIMIT; TO REPEAL SECTION 43-1-130, RELATING TO THE FEDERAL WORK INCENTIVE PROGRAM; AND TO REPEAL SECTIONS 43-5-510, 43-5-520, 43-5-530, 43-5-540, 43-5-550, 43-5-560, 43-5-570, AND 43-5-640, ALL RELATING TO THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT.
H. 3651 -- Reps. Felder, Harrison, Cotty, Young, Davenport and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-3-235, 20-7-853, AND 20-7-854; AND BY AMENDING SECTIONS 20-1-220, 20-1-350, 20-7-949, 20-7-957, 44-7-77, AS AMENDED, 44-63-60, AS AMENDED, 44-63-75, 44-63-80, AS AMENDED, 44-63-84, 44-63-86, AND 44-63-110, AS AMENDED, ALL RESPECTIVELY RELATING TO DIVORCE DECREES, ADMINISTRATIVE AND JUDICIAL ORDERS, MARRIAGE LICENSES, OCCUPATIONAL AND PROFESSIONAL LICENSES, BUSINESS LICENSES, DRIVERS' LICENSES, HUNTING, FISHING, OR TRAPPING LICENSES, PATERNITY ORDERS AND ACKNOWLEDGMENTS, BIRTH AND DEATH CERTIFICATES, SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON OR IN THESE DOCUMENTS AND TO EXEMPT THE DEPARTMENT OF SOCIAL SERVICES FROM PAYING A FEE FOR OBTAINING COPIES OF THESE DOCUMENTS IF THE DOCUMENT IS NEEDED FOR THE PURPOSE OF ESTABLISHING PATERNITY OR ESTABLISHING, MODIFYING, OR ENFORCING CHILD SUPPORT; TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO INCOME WITHHOLDING FOR CHILD SUPPORT BY ADDING PART III, SO AS TO ESTABLISH PROCEDURES FOR CREATING, PERFECTING, AND COLLECTING A LIEN FOR PAST-DUE CHILD SUPPORT IN AN AMOUNT EQUAL TO OR GREATER THAN $2,500; TO ADD SECTION 20-7-92, SO AS TO REQUIRE THE COURT TO ORDER TEMPORARY PAYMENT OF CHILD SUPPORT PENDING A JUDICIAL DETERMINATION OF PATERNITY UNDER CERTAIN CONDITIONS; TO ADD SECTION 20-7-855, SO AS TO PROVIDE THAT COPIES OF BILLS FOR TESTING FOR PARENTAGE AND PRENATAL AND POSTNATAL HEALTH CARE ARE PRIMA FACIE EVIDENCE IN PATERNITY ACTIONS FOR EXPENSES INCURRED; TO ADD SECTION 20-7-958 SO AS TO PROVIDE THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CREATES A LEGAL FINDING OF PATERNITY; TO AMEND SECTION 20-7-956 RELATING TO ADMISSIBILITY OF EVIDENCE IN PATERNITY ACTIONS SO AS TO PROVIDE THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CREATES A CONCLUSIVE PRESUMPTION OF PATERNITY; TO AMEND SECTION 44-63-163 RELATING TO BIRTH CERTIFICATES SUBSEQUENT TO A PATERNITY DETERMINATION SO AS TO PROVIDE THAT THE CHANGE ALSO MAY BE MADE UPON A DETERMINATION MADE BY AN ADMINISTRATIVE AGENCY; TO ADD SECTIONS 20-7-1124, 20-7-1126, 20-7-1127, 20-7-1128, 20-7-1129, 20-7-1153, 20-7-1155; TO AMEND SECTIONS 20-7-965, AS AMENDED, 20-7-1010, AS AMENDED, 20-7-1040, 20-7-1100, 20-7-1125, 20-7-1152, AND 20-7-1154, ALL RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO CONFORM THIS ACT TO THE ACT AS REVISED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO INCOME WITHHOLDING SO AS TO REVISE DEFINITIONS AND TO REVISE CONDITIONS UNDER WHICH INCOME WITHHOLDING IS IN EFFECT; TO ADD SECTION 20-7-9570; TO AMEND SECTIONS 20-7-9505, AS AMENDED, AND 20-7-9510, RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ADMINISTRATIVELY CHANGE A GOVERNMENTAL PAYEE WHEN THE CHILD SUPPORT CASE IS SUBJECT TO ASSIGNMENT OR REQUIRED TO BE PAID THROUGH A GOVERNMENTAL ENTITY AND TO REVISE DEFINITIONS; TO ADD SECTION 20-7-856 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO REMIT TO THE FEDERAL GOVERNMENT ITS SHARE OF FINES COLLECTED FOR FAILING TO COMPLY WITH SUBPOENAS AND CERTAIN CHILD SUPPORT ENFORCEMENT REQUIREMENTS; TO ADD SECTION 20-7-9575 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE ADMINISTRATIVE SUBPOENAS; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT SO AS TO AUTHORIZE THE COURT TO ENFORCE ADMINISTRATIVE SUBPOENAS ISSUED BY THE DEPARTMENT; TO AMEND SECTION 27-23-10 RELATING TO VOIDING CONVEYANCES MADE TO DEFRAUD CREDITORS SO AS TO PROVIDE CONDITIONS UNDER WHICH A REBUTTABLE PRESUMPTION IS CREATED THAT A CHILD SUPPORT DEBTOR INTENDED TO TRANSFER INCOME OR PROPERTY TO AVOID PAYMENT TO A CHILD SUPPORT CREDITOR; TO ADD SECTIONS 43-5-595, 43-5-596, AND 43-5-597; AND TO AMEND SECTION 41-29-170, AS AMENDED, SECTION 43-5-590, AS AMENDED, RELATING TO INFORMATION TO BE PROVIDED BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO THE DEPARTMENT OF SOCIAL SERVICES AND RELATING TO THE DEPARTMENT'S DUTIES RELATIVE TO THE STATE CHILD SUPPORT PLAN, SO AS TO CLARIFY EMPLOYERS WHO MUST PROVIDE INFORMATION TO THE DEPARTMENT FOR THE PURPOSE OF THE ESTABLISHMENT OF PATERNITY OR THE ESTABLISHMENT, NOTIFICATION, OR ENFORCEMENT OF A SUPPORT OBLIGATION, TO REQUIRE UTILITY COMPANIES AND FINANCIAL INSTITUTIONS TO PROVIDE INFORMATION ON ITS CUSTOMERS FOR SUCH PURPOSES, TO PROVIDE IMMUNITY FROM LIABILITY FOR DISCLOSURE OF SUCH INFORMATION AND TO SPECIFY INFORMATION THE EMPLOYMENT SECURITY COMMISSION MUST PROVIDE; TO ADD SECTION 43-5-598 SO AS TO REQUIRE EMPLOYEES TO REPORT INFORMATION TO THE DEPARTMENT ON EMPLOYEES WHO ARE NEWLY HIRED; TO AMEND SECTION 43-5-610 RELATING TO THE CENTRAL REGISTRY OF RECORDS MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES SO AS TO REVISE THE INFORMATION TO BE MAINTAINED AND TO WHOM INFORMATION MAY BE RELEASED; AND TO REPEAL SECTION 43-5-222 RELATING TO THE PORTION OF CHILD SUPPORT PAYMENTS TO BE PAID TO WELFARE RECIPIENTS.
H. 3762 -- Reps. Klauber, Barrett, Campsen, Sandifer, McKay, Mullen, Edge, Robinson, Meacham, Carnell and Quinn: A BILL TO AMEND SECTION 12-43-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMEOWNERS' ASSOCIATION PROPERTY FOR PURPOSES OF EQUALIZATION AND REASSESSMENT, SO AS TO PROVIDE FOR DESIGNATION BY THE HOMEOWNERS' ASSOCIATION AND APPLICATION FOR SPECIAL VALUATION OF ONE OR MORE TRACTS OR PARCELS OF LAND.
H. 3669 -- Reps. R. Smith, Wilkins, Boan, Harrell, Cobb-Hunter, Harvin, Webb, Jennings, Riser, Sharpe, Cromer, Felder, Cato, H. Brown and Witherspoon: A BILL TO AMEND CHAPTER 119, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLEMSON UNIVERSITY, BY ADDING ARTICLE 9, PROVIDING FOR CLEMSON UNIVERSITY ATHLETIC FACILITIES REVENUE BONDS.
H. 3802 -- Rep. Boan: A BILL TO AMEND SECTION 12-54-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST DISCLOSURE OF INFORMATION FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO EXCEPT A DISCLOSURE MADE TO A STATE OR FEDERAL LEVEL GOVERNMENT OFFICIAL ELECTED FROM THE STATE OF SOUTH CAROLINA FROM WHOM THE TAXPAYER HAS SOUGHT ASSISTANCE.
H. 3819 -- Reps. Harrell, Beck, J. Hines, Walker, Altman, Leach, Mason, Jennings, Simrill, Kinon, Limbaugh, Dantzler, Sandifer, R. Smith, Allison, Campsen, Knotts, Barrett, Seithel, Cobb-Hunter, Cooper, Young, Townsend, Felder, Kennedy, Woodrum, Hinson, Haskins, M. Hines, Harvin, Klauber, Fleming, Kelley, Limehouse, Young-Brickell, Whatley, Wilkins, Boan, McMahand, Littlejohn, Cato, H. Brown, Stuart, Robinson, Phillips, Riser, McKay, Lanford, Keegan, Edge, Jordan, Witherspoon, Gourdine, Hodges, Wilder, J. Smith, Chellis, Baxley, Kirsh and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 12 SO AS TO ENACT THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997" SO AS TO PROVIDE FOR SIMPLIFICATION OF FEE IN LIEU OF PROPERTY TAX TRANSACTIONS; TO DEFINE CERTAIN TERMS, INCLUDING "ECONOMIC DEVELOPMENT PROPERTY"; TO PROVIDE FOR APPROVAL BY LOCAL COUNTY COUNCILS OF FEE AGREEMENTS; TO PROVIDE FOR CALCULATION OF THE REQUIRED FEE PAYMENTS; TO PROVIDE FOR APPLICATION OF THE FEE TO REPLACEMENT PROPERTY AND A CREDIT AGAINST THE FEE FOR COSTS OF CERTAIN IMPROVEMENTS; TO PROVIDE FOR DISTRIBUTION OF THE FEE, PENALTIES FOR FAILING TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER OR THE FEE AGREEMENTS, CONSEQUENCES OF TRANSFERS OF ECONOMIC DEVELOPMENT PROPERTY AND OF TERMINATION OF FEE AGREEMENTS, AND REQUIREMENTS FOR AFFILIATE SPONSORS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS OF CERTAIN CLASSES OF PROPERTY FROM AD VALOREM TAXATION, SO AS TO INCLUDE ECONOMIC DEVELOPMENT PROPERTY AS AN EXEMPTION.
H. 4047 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO MEDICAL REPORTS, PHYSICIAN'S FEES, AND HOSPITAL CHARGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2166, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4048 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO REPEAL OF OBSOLETE REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2058, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3127 -- Reps. Simrill, Walker and Robinson: A BILL TO PROVIDE THAT TECHNICAL COLLEGES AS WELL AS STATE-SUPPORTED COLLEGES AND UNIVERSITIES MAY OFFER EDUCATIONAL FEE WAIVERS TO NO MORE THAN TWO PERCENT OF THEIR UNDERGRADUATE STUDENT BODY DURING FISCAL YEAR 1996-97.
H. 3528 -- Rep. H. Brown: A BILL TO AMEND SECTION 2-7-71, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A REVENUE IMPACT STATEMENT ON BILLS RELATING TO STATE TAXES REPORTED OUT OF STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND SENATE, SO AS TO PROVIDE THAT THIS STATEMENT MUST BE CERTIFIED BY THE BOARD OF ECONOMIC ADVISORS OR ITS DESIGNEE RATHER THAN AN AGENT OF THE DEPARTMENT OF REVENUE, AND TO PROVIDE THAT THE BOARD MAY REQUEST THE TECHNICAL ADVICE OF THE DEPARTMENT OF REVENUE WITH RESPECT TO THE PREPARATION OF THESE STATEMENTS.
H. 3601 -- Rep. Boan: A BILL TO AMEND SECTION 59-53-57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN FUNDING FOR THE SOUTH CAROLINA TECHNICAL EDUCATION SYSTEM AND THE PRIVATE JOB TRAINING REVIEW COMMITTEE WHICH PROVIDES ADVICE ON THE UTILIZATION OF SHORT-TERM ADULT FUNDING, SO AS TO DELETE SUCH COMMITTEE AND CORRESPONDING REFERENCES THERETO.
H. 3450 -- Reps. Vaughn, Simrill, Rice, F. Smith, Easterday, Quinn, Townsend, Hawkins, Haskins, Maddox, Allison, Lee, Leach, Stille, Hamilton, Cato, McMahand, Tripp, Riser, Loftis, Littlejohn, Robinson, Walker, Davenport, Martin, Bowers, Rodgers, Miller, Battle, Lanford, Witherspoon and Mason: A BILL TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USE OF "C" FUND GASOLINE TAX REVENUES, SO AS TO PROVIDE THAT INTEREST EARNINGS ON THE COUNTY TRANSPORTATION FUND MUST BE CREDITED TO COUNTIES IN THE PROPORTION THE COUNTY'S DISTRIBUTION OF "C" FUNDS IS OF THE TOTAL OF SUCH DISTRIBUTIONS STATEWIDE AND TO PROVIDE THAT THESE DISTRIBUTIONS SHALL NOT INCLUDE COUNTIES THAT ADMINISTER THEIR OWN "C" FUNDS.
H. 3625 -- Rep. Harrell: A BILL TO AMEND SECTION 12-6-3420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE INCOME TAX CREDIT FOR CONSTRUCTION OF OR IMPROVEMENT TO AN INFRASTRUCTURE PROJECT, SO AS TO REDEFINE "INFRASTRUCTURE PROJECT", TO CLARIFY THE MEANING OF "QUALIFIED PRIVATE ENTITY", TO DEFINE "RELATED TAXPAYER", TO PROHIBIT A CLAIM FOR THE CREDIT BEFORE DEDICATION OR CONVEYANCE OF THE PROJECT, TO PROVIDE FOR PAYMENT OF TAX DUE ON A ROAD THAT IS LATER REMOVED FROM THE INFRASTRUCTURE PROJECT, AND TO DELETE ALLOWANCE OF THE TAX CREDIT TO CORPORATIONS ON A CONSOLIDATED BASIS.
H. 3626 -- Rep. Harrell: A BILL TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 27 SO AS TO ENACT THE TOURISM INFRASTRUCTURE TAX ACT AND WHICH PROVIDES THAT A PORTION OF ADMISSIONS TAXES PAID TO CERTAIN TOURISM AND RECREATION FACILITIES MAY BE USED FOR ADDITIONAL INFRASTRUCTURE IMPROVEMENTS, PROVIDES FOR THE FUND INTO WHICH THESE REVENUES MUST BE DEPOSITED AND THE USES TO WHICH THEY MAY BE PUT FOR THE ADMINISTRATION AND DURATION OF THE PROGRAM, AND FOR THOSE FACILITIES ELIGIBLE TO PARTICIPATE; AND TO REPEAL SECTION 12-21-2423, RELATING TO A SIMILAR USE OF A PORTION OF ADMISSIONS TAX REVENUES.
H. 3810 -- Reps. Harrell, Altman, J. Smith, R. Smith, Breeland, H. Brown, Campsen, Limehouse, Boan, Whatley, Hodges, Allison, Wilkins, Lanford and Littlejohn: A BILL TO AMEND SECTION 33-56-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARITABLE ORGANIZATIONS EXEMPT FROM FILING A REGISTRATION STATEMENT WITH THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT A PARENT-TEACHER ORGANIZATION AFFILIATED WITH AN EDUCATIONAL INSTITUTION IS EXEMPT.
H. 3551 -- Rep. Boan: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PROPERTY TAX RELIEF FUND, SO AS TO PROVIDE FOR CALCULATION OF THE PROPERTY TAX EXEMPTION USING THE LOWER OF THE SCHOOL OPERATING MILLAGE IMPOSED FOR TAX YEAR 1995 OR FOR THE CURRENT TAX YEAR; TO AMEND SECTION 12-37-750, RELATING TO THE ASSESSMENT AND COLLECTION OF PROPERTY NOT RETURNED, SO AS TO INCLUDE BUSINESS PERSONAL RETURNS FILED WITH THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE EQUALIZATION AND ASSESSMENT OF PROPERTY, SO AS TO PROVIDE A REVISED FORMULA FOR CALCULATION OF FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO LEVY AND EXECUTION BY DISTRESS AND SALE OF PROPERTY TO SATISFY DELINQUENT COUNTY TAXES, SO AS TO PROVIDE COUNTIES THE ALTERNATIVE COLLECTION PROCEDURES PROVIDED FOR IN CHAPTER 56, TITLE 12; AND TO AMEND SECTION 12-60-2150, RELATING TO THE RIGHT OF A CONTESTED HEARING IN REFUND DETERMINATIONS, SO AS TO REPLACE "COUNTY ASSESSOR" WITH "LOCAL GOVERNING BODY".
H. 4053 -- Ways and Means Committee: A BILL TO AMEND SECTION 43-7-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECOVERY FROM ESTATES OF CERTAIN INDIVIDUALS FOR MEDICAL ASSISTANCE, SO AS TO ESTABLISH CONDITIONS FOR UNDUE HARDSHIP UNDER WHICH SUCH RECOVERY MUST BE WAIVED UNTIL THE SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ESTABLISHES CRITERIA.
H. 4054 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BUDGET AND CONTROL BOARD, RELATING TO SURPLUS PROPERTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2114, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4055 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FAMILY INDEPENDENCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2177, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4056 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2167, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4062 -- Rep. Harrison: A BILL TO AMEND SECTION 59-121-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF VISITORS OF THE CITADEL, SO AS TO REVISE THE AGE LIMITATION WITH RESPECT TO ELIGIBILITY FOR ELECTION.
H. 3504 -- Reps. Limehouse, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, H. Brown, J. Brown, Byrd, Cato, Chellis, Cotty, Davenport, Felder, Fleming, Harrell, Harvin, J. Hines, Howard, Inabinett, Keegan, Kelley, Kinon, Lanford, Law, Leach, Littlejohn, Lloyd, Loftis, Mason, McMahand, Miller, Mullen, Quinn, Rhoad, Rice, Riser, Rodgers, Seithel, Sharpe, F. Smith, R. Smith, Spearman, Stille, Tripp, Vaughn, Whatley, Whipper, Wilder, Witherspoon and Young: A BILL TO AMEND SECTION 50-17-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE COASTAL FISHERIES LAWS, SO AS TO REVISE CERTAIN DEFINITIONS; SECTION 50-17-110, AS AMENDED, RELATING TO LICENSE REQUIREMENTS OF CAPTAINS OR MASTERS OF TRAWLING VESSELS, SO AS TO PROVIDE THAT THE LICENSE IS VALID ONLY FOR THE SALE OF SEAFOOD PRODUCTS CAUGHT BY LAWFUL TRAWLING; SECTION 50-17-170, AS AMENDED, RELATING TO APPLICATIONS FOR SHRIMP OR CRAB BOAT LICENSES, SO AS TO FURTHER PROVIDE FOR THE RESIDENCE REQUIREMENTS IN REGARD TO SUCH LICENSES AND TO PROVIDE PENALTIES FOR VIOLATIONS; SECTION 50-17-180, AS AMENDED, RELATING TO WHOLESALE AND RETAIL SEAFOOD DEALER'S LICENSES, SO AS TO REQUIRE NONRESIDENT FISHERMEN TO HAVE AN ADDITIONAL LICENSE FROM THE DEPARTMENT UNDER CERTAIN CONDITIONS, PROVIDE FOR THE MANNER IN WHICH CERTAIN LICENSES MAY BE USED, AND REQUIRE SALES AGENTS AT TEMPORARY LOCATIONS TO HAVE A COPY OF THE WHOLESALE DEALER'S LICENSE IN THEIR POSSESSION; SECTION 50-17-210, AS AMENDED, RELATING TO LICENSES FOR POWERBOATS AND BARGES, SO AS TO PROVIDE THAT ANY RESIDENT OR NONRESIDENT BEFORE USING CRAB POTS FOR COMMERCIAL PURPOSES MUST ACQUIRE A LICENSE FROM THE DEPARTMENT FOR SUCH POTS, AND TO PROVIDE FOR THE FEES AND CONDITIONS OF USE FOR THESE LICENSES, AND TO PROVIDE THAT CRAB POTS FOR PERSONAL USE ARE NOT REQUIRED TO HAVE THE PERSON'S NAME ATTACHED TO THE FLOAT; SECTION 50-17-250, AS AMENDED, RELATING TO THE TREATMENT OF NONRESIDENTS IN THE SAME MANNER SOUTH CAROLINA RESIDENTS ARE TREATED IN THE NONRESIDENT'S STATE, SO AS TO REVISE THE LICENSE FEES WHICH SUCH NONRESIDENTS MUST PAY; SECTION 50-17-270, AS AMENDED, RELATING TO THE RECEIPT, DEPOSIT, AND USE OF FEES RECEIVED UNDER THE COASTAL FISHERIES LAWS, SO AS TO FURTHER PROVIDE FOR SUCH RECEIPT, DEPOSIT, AND USE; SECTION 50-17-716, AS AMENDED, RELATING TO CRAB POTS AND CRAB POT FLOATS, SO AS TO REVISE THE MANNER IN WHICH SUCH CRAB POTS AND FLOATS MUST BE CONSTRUCTED AND IDENTIFIED; TO ADD SECTION 50-17-718, SO AS TO REQUIRE AUTHORIZATION TO USE ANOTHER PERSON'S CRAB POTS TO BE IN THE POSSESSION OF THE PERSON USING THEM IF NOT THE OWNER, TO PROVIDE THAT NONRESIDENTS MAY NOT USE CRAB POT LICENSES AT THE RESIDENT FEE, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-17-720, AS AMENDED, RELATING TO THE MINIMUM SIZE OF BLUE CRABS WHICH MAY BE CAUGHT OR POSSESSED, SO AS TO REVISE CERTAIN EXCEPTIONS TO THIS PROVISION AND TO AUTHORIZE THE DEPARTMENT TO ISSUE TO A PERSON ENGAGED IN CLAM MARICULTURE A PERMIT FOR THE CAPTURE AND TEMPORARY POSSESSION AND TRANSPORT OF BLUE CRABS OR STONE CRABS; TO ADD SECTION 50-17-722 SO AS TO PROVIDE FOR THE CIRCUMSTANCES AND TIMES WHEN IT IS LAWFUL TO SET, FISH, AND LOCATE CRAB POTS AND POSSESS CRABS, AND TO TRANSPORT CRABS OR PARTS OR PRODUCTS THEREOF; TO AMEND SECTION 50-17-770, AS AMENDED, RELATING TO REGISTRATION NUMBERS ON LICENSED CRAB TRAWLERS, SO AS TO REQUIRE VESSELS USED IN FISHING FOR BLUE CRABS WITH TRAPS OR TRANSPORTING BLUE CRABS HARVESTED FOR COMMERCIAL PURPOSES TO DISPLAY CERTAIN IDENTIFICATION NUMBERS; SECTION 50-17-1120, AS AMENDED, RELATING TO THE POINT SYSTEM ESTABLISHED FOR VIOLATION OF THE COASTAL FISHERIES LAWS, SO AS TO MAKE THE USING OF A FALSIFIED APPLICATION OR DOCUMENTATION IN CONNECTION WITH A RESIDENT LICENSE AN EIGHTEEN POINT VIOLATION; SECTION 50-20-20, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO REVISE CERTAIN DEFINITIONS; AND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STAMP REQUIREMENT UNDER THE SOUTH CAROLINA RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO EXEMPT FISHERMEN FISHING FOR CRABS WITH ANY GEAR OTHER THAN A WIRE TRAP OR POT.
H. 3112 -- Rep. Byrd: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 125 TO ENACT THE OSTEOPOROSIS PREVENTION, TREATMENT, AND EDUCATION ACT SO AS TO ESTABLISH THE OSTEOPOROSIS EDUCATION FUND TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR THE PURPOSE OF THE FUND AND THE DEPARTMENT'S RESPONSIBILITIES IN CARRYING OUT THE PURPOSE OF THE FUND.
H. 3801 -- Reps. Wilkins, F. Smith, Loftis, Haskins, Cato, Tripp, Hamilton, Vaughn, Easterday, McMahand, Rice and Leach: A BILL TO AMEND SECTION 9-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE PENSION FUND FOR MUNICIPAL FIREMEN, SO AS TO CHANGE THE COMPOSITION OF THE BOARD.
H. 3563 -- Reps. Sandifer, Parks, Canty and Lanford: A BILL TO AMEND CHAPTER 19, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS.
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.
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.
Rep. TOWNSEND explained the Bill.
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.
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.
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.
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.
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.
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.
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.
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".
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.
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.
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.
H. 3292 -- Reps. Klauber and Parks: A BILL TO AMEND SECTION 31-15-10 , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REPAIRING, CLOSING, OR DEMOLISHING OF UNFIT DWELLINGS, SO AS TO REVISE THE DEFINITION OF A "MUNICIPALITY";TO AMEND SECTION 31-15-30, RELATING TO MUNICIPAL ORDINANCES WITH REGARD TO UNFIT DWELLINGS, SO AS TO PROVIDE THAT COSTS INCURRED BY A MUNICIPALITY TO FIX OR REMOVE SUCH DWELLINGS SHALL BE COLLECTIBLE IN THE SAME MANNER AS MUNICIPAL TAXES AND THAT IF THE MUNICIPALITY IN DEMOLISHING AN UNFIT DWELLING CONTRACTS WITH A THIRD PARTY TO DO THE WORK, THE WORK MUST BE BID IN CONFORMITY WITH APPLICABLE PROCUREMENT CODES; AND TO AMEND SECTION 31-15-330, RELATING TO COUNTY ORDINANCES WITH REGARD TO UNFIT DWELLINGS, SO AS TO PROVIDE THAT COSTS INCURRED BY A COUNTY TO FIX OR REMOVE SUCH DWELLINGS SHALL BE COLLECTIBLE IN THE SAME MANNER AS COUNTY TAXES AND THAT IF THE COUNTY IN DEMOLISHING AN UNFIT DWELLING CONTRACTS WITH A THIRD PARTY TO DO THE WORK, THE WORK MUST BE BID IN CONFORMITY WITH APPLICABLE PROCUREMENT CODES.
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.
H. 3606 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 44-96-40, AS AMENDED, 44-96-60, AS AMENDED, 44-96-80, 44-96-110, 44-96-120, AS AMENDED, 44-96-130, 44-96-140, AS AMENDED, 44-96-160, AS AMENDED, 44-96-180, AS AMENDED, 44-96-290, AS AMENDED, 44-96-350, AND 44-96-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991", SO AS TO, AMONG OTHER THINGS, CHANGE THE DEFINITIONS OF "RECOVERED MATERIALS", "RECOVERED MATERIALS PROCESSING FACILITY", AND "USED OIL", DELETE THE FEE OF TEN DOLLARS A TON ON SOLID WASTE GENERATED OUT OF STATE AND DISPOSED OF IN SOUTH CAROLINA, MAKE CHANGES REGARDING THE DUTIES OF THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING, CHANGE THE PROVISIONS REGARDING THE PURPOSES OF THE SOLID WASTE MANAGEMENT TRUST FUND, AND REQUIRE PUBLIC NOTICE OF THE SUBMITTAL OF A SITE HYDROGEOLOGIC CHARACTERIZATION REPORT FOR A NEW MUNICIPAL SOLID WASTE LANDFILL OR FOR A LATERAL EXPANSION OF AN EXISTING MUNICIPAL SOLID WASTE LANDFILL; AND TO REPEAL SECTION 44-96-230, RELATING TO THE REQUIREMENT THAT THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING ESTABLISH AND HAVE TRADEMARKED A STATE RECYCLING SYMBOL.
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 moved to adjourn debate upon the Bill, which was adopted.
The SPEAKER granted Rep. LEE a leave of absence for the remainder of the day.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
S. 226 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A PERSON MAY HAVE HIS RECORD EXPUNGED EVEN THOUGH THE CONVICTION OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
Rep. H. BROWN moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
S. 135 -- Senator McConnell: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12 , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM ASSESSMENT RATIOS, BY ADDING SECTION 12-43-221, SO AS TO PROVIDE THAT PROPERTY IN WHICH THE OCCUPANT HAS AN INTEREST PURSUANT TO AN INSTALLMENT CONTRACT FOR SALE WITH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, OR ITS ASSIGNEE, IS ELIGIBLE FOR THE ASSESSMENT RATIO PROVIDED IN SECTION 12-43-220(C) AND THE EXEMPTIONS PROVIDED IN SECTIONS 12-37-220, 12-37-250, AND 12-37-290, AS LONG AS THE ADDITIONAL REQUIREMENTS OF THOSE SECTIONS, OTHER THAN THE OWNERSHIP REQUIREMENT, ARE ALSO MET; AND TO PROVIDE FOR REFUNDS UPON APPLICATION.
Rep. H. BROWN moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
S. 188 -- Senators Drummond, Giese and Rose: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC ENTITIES ELIGIBLE FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND THE REQUIREMENTS FOR THIS PARTICIPATION, SO AS TO AUTHORIZE THE WITHHOLDING OF STATE FUNDS OTHERWISE DUE THESE ENTITIES SUFFICIENT TO COVER DELINQUENT PAYMENTS AND TO PROVIDE THE METHOD OF THE WITHHOLDING AND REMITTING OF THESE SUMS TO THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
Rep. H. BROWN moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
S. 343 -- Senator Leatherman: A BILL TO AMEND SECTION 12-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE AN ALTERNATIVE SITE FOR THE SALE AND TO SPECIFY FORMS OF PAYMENT.
Rep. J. BROWN moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
S. 358 -- Senator Bryan: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT THERAPEUTICALLY-CERTIFIED, OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.
Rep. J. BROWN moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
S. 359 -- Senator Giese: A BILL TO AMEND CHAPTER 35, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS INCLUDING TO FURTHER PROVIDE FOR NURSING HOME REPRESENTATION ON THE BOARD AND TO REVISE TIME FRAMES FOR REINSTATING LAPSED LICENSES.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
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.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
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.
Rep. H. BROWN moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
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.
Rep. VAUGHN moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
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.
Rep. H. BROWN moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
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.
Rep. H. BROWN moved to adjourn debate upon the following Joint Resolution until Thursday, May 1, which was adopted.
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.
The following Bill was taken up.
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.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 29, by the Committee on Ways and Means.
Rep. YOUNG-BRICKELL explained the amendment.
Reps. KIRSH, WALKER, RICE, LITTLEJOHN and DAVENPORT objected to the Bill.
Reps. YOUNG-BRICKELL, H. BROWN, LANFORD, R. SMITH and WOODRUM requested debate on the Bill.
The following Bill was taken up.
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.
Rep. LANFORD proposed the following Amendment No. 3 (Doc Name P:\AMEND\PT\1220HTC.97).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION____. A. Article 5, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-655. Notwithstanding any other provision of law, a member in covered employment in more than one correlated system as defined in Sections 9-1-650, 9-9-40, and 9-11-40 may elect not to participate in the system in which the member receives the lowest earnable compensation. This election must be made by written notice filed with the covered employer not later than sixty days after a member first begins employment covered by a correlated system. Failure to make this election or failure to make the election within the defined allowable period for election constitutes an irrevocable election to become a contributing member of each correlated system. The covered employer shall forward the written notice to the board and the date of receipt by the board is the date the member's participation ceases in the correlated system. This election is irrevocable and controlling for so long as the member is in covered employment and without regard to subsequent changes in the status or conditions of the member's future employment. A member making this election thereafter accrues no service credit in a correlated system by virtue of continued employment and is forever ineligible to establish this service as creditable service."
B. Notwithstanding the time limit on filing the written notice required pursuant to Section 9-1-655 of the 1976 Code as added by this section, a member who, on the effective date of this act, is in covered employed employment in more than one of the correlated state retirement systems may make the election allowed pursuant to Section 9-1-655 by filing the notice of election within one hundred days of the effective date of this act./
Renumber sections to conform.
Amend title to conform.
Rep. LANFORD explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 3, Rep. LANFORD having the floor.
Rep. LANFORD moved that the House recur to the morning hour, which was agreed to.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3336 -- Reps. Lanford, Hawkins, Davenport, Littlejohn, Allison and Wilder: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF INTERSTATE HIGHWAY 85 IN SPARTANBURG COUNTY FROM MILE POINT 68.8 TO MILE POINT 77.4 THE "JOE GRIFFIN EXPRESSWAY".
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3837 -- Reps. Stille, Parks, Carnell and Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME A SECTION OF S. C. HWY. 72 IN ABBEVILLE COUNTY IN HONOR OF CHARLES L. POWELL AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 373 -- Senator O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME SOUTH HAMILTON STREET IN WILLIAMSTON, SOUTH CAROLINA, AS "ED POORE ROAD" IN HONOR OF C. EDWARD POORE AND TO ERECT THE APPROPRIATE SIGNS OR MARKERS.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 661 -- Senator Leventis: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE OVERPASS ON PINEWOOD ROAD IN SUMTER IN HONOR OF R.J. "CHIC" MATHIS AND TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
Ordered for consideration tomorrow.
On motion of Rep. PINCKNEY, with unanimous consent, the following was taken up for immediate consideration:
H. 4095 -- Reps. Pinckney and Bowers: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LADY GATORS BASKETBALL TEAM OF ESTILL HIGH SCHOOL OF HAMPTON COUNTY, COACHES, SUPPORT STAFF, AND SCHOOL OFFICIALS, ON A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 1997 CLASS A STATE CHAMPIONSHIP IN GIRLS BASKETBALL AND FOR THE TEAM'S OTHER ACHIEVEMENTS.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the Lady Gators basketball team of Estill High School of Hampton County, coaches, support staff, and school officials, on a date and time to be determined by the Speaker, for the purpose of being recognized for winning the 1997 Class A State Championship in girls basketball and for other achievements.
The Resolution was adopted.
The following was introduced:
H. 4096 -- Reps. Pinckney and Bowers: A CONCURRENT RESOLUTION CONGRATULATING THE LADY GATORS OF ESTILL HIGH SCHOOL OF HAMPTON COUNTY ON WINNING THE 1997 CLASS A STATE BASKETBALL CHAMPIONSHIP.
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. 4097 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-29 SO AS TO MAKE IT UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF POTATO CREEK AND WYBOO CREEK IN CLARENDON COUNTY WITHIN ONE HUNDRED FIFTY YARDS OF A DWELLING WITHOUT WRITTEN PERMISSION OF THE LANDOWNER AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4098 -- Reps. Lee and Davenport: A BILL TO PROHIBIT THE LOCATION OF A PROPOSED EMERGENCY MEDICAL SERVICE HEADQUARTERS BY SPARTANBURG COUNTY ON PROPERTY LOCATED AT THE INTERSECTION OF DEBORAH STREET AND HUDSON BARKSDALE BOULEVARD IN THE CITY OF SPARTANBURG IN SPARTANBURG COUNTY.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3, Rep. LANFORD having the floor.
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.
Debate was resumed on Amendment No. 3, by Rep. LANFORD.
Rep. LANFORD continued speaking.
Reps. MOODY-LAWRENCE and GOVAN objected to the Bill.
Rep. LANFORD continued speaking.
Reps. WHIPPER, BREELAND, J. BROWN, LANFORD, HINSON, R. SMITH, DANTZLER, WEBB, YOUNG-BRICKELL and CHELLIS requested debate on the Bill.
The following Bill was taken up.
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.
Rep. SIMRILL objected to the Bill.
Reps. MEACHAM, LANFORD, YOUNG, KIRSH, SANDIFER, HINSON, TRIPP, HASKINS, DAVENPORT and CHELLIS requested debate on the Bill.
The following Bill was taken up.
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.
Rep. LANFORD explained the Bill.
Reps. STUART, MOODY-LAWRENCE, SCOTT and KENNEDY objected to the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
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.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 29, by the Committee on Education and Public Works.
Rep. WALKER explained the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. TOWNSEND having the floor.
Reps. SCOTT and KENNEDY withdrew their objections to the following Bill.
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.
Rep. KNOTTS withdrew his request for debate on H. 3132; however, other requests for debate remained upon the Bill.
Rep. HASKINS asked unanimous consent to recall H. 3861 from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. MEACHAM asked unanimous consent to recall H. 3847 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. HOWARD objected.
On motion of Rep. YOUNG, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
H. 3780 -- Reps. Young, Askins, Woodrum, Inabinett, Simrill, Bailey, Riser and Kirsh: A BILL TO AMEND SECTION 16-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO REVISE THE ELEMENTS OF ARSON IN THE FIRST, SECOND, AND THIRD DEGREES, AND REVISE THE PENALTIES FOR ARSON IN THE FIRST AND SECOND DEGREES.
Rep. SCOTT asked unanimous consent to recall H. 3192 from the Committee on Ways and Means.
Rep. LIMBAUGH objected.
Rep. WHIPPER asked unanimous consent to recall H. 4001 from the Committee on Judiciary.
Rep. HARRISON objected.
On motion of Rep. HASKINS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
H. 3861 -- Reps. Haskins, Sharpe, Beck, R. Smith, Mason, Young-Brickell, Loftis, Campsen, Tripp, Bailey, Littlejohn, Simrill, Davenport, Witherspoon, Barrett, Leach, Limbaugh, Rodgers, Robinson, Gamble and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-100 SO AS TO PROVIDE THAT A MALE UNDER THE AGE OF SIXTEEN AND A FEMALE UNDER THE AGE OF FOURTEEN ARE NOT CAPABLE OF ENTERING INTO A VALID MARRIAGE AND THAT ANY SUCH MARRIAGE IS VOID AB INITIO; AND TO AMEND SECTION 16-3-658, AS AMENDED, RELATING TO EXCLUDING THE APPLICATION OF CRIMINAL SEXUAL CONDUCT OFFENSES TO ONE'S LEGAL SPOUSE, SO AS TO PROVIDE THAT THIS EXCLUSION DOES NOT APPLY TO PURPORTED MARRIAGES BETWEEN A MALE UNDER AGE SIXTEEN AND A FEMALE UNDER AGE FOURTEEN.
Rep. SCOTT asked unanimous consent to recall H. 3201 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SHARPE objected.
Rep. HARRELL moved that the House recur to the morning hour, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. TOWNSEND having the floor.
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.
Debate was resumed on Amendment No. 1, by the Committee on Education and Public Works.
Rep. TOWNSEND continued speaking.
Reps. ROBINSON, LOFTIS, INABINETT, LLOYD, HARRELL, HAMILTON, TOWNSEND, WALKER, J. BROWN, STUART and CAMPSEN requested debate on the Bill.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
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".
Rep. SIMRILL moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
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.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4500CM.97).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 24-13-70. The Director of the Department of Corrections and a person charged with the operation of a detention facility:
(1) shall require convicted prisoners in an institution of the State Department of Corrections or a county jail to engage in a work program unless considered a security risk or physically or mentally incapacitated;
(2) shall promulgate regulations and adopt standards concerning the restriction of the use of televisions; and
(3) may assign inmates convicted of nonviolent offenses, or eligible for custody in minimum security institutions, to work on chain gangs, with or without shackles."
SECTION 2. Section 24-3-40 of the 1976 Code, as last amended by Section 54, Part II, Act 7 of 1995, is further amended to read:
"Section 24-3-40. Unless otherwise provided by law, the employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 or in a prison industry program provided under Article 3 of this chapter shall pay the prisoner's wages directly to the Department of Corrections. The Director of the Department of Corrections shall withhold five percent of the gross wages and promptly place these funds on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the 'Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404'. The director may withhold from the wages costs incident to the prisoner's confinement as the Department of Corrections considers appropriate and reasonable. These withholdings must be deposited to the maintenance account of the Department of Corrections. The balance of the wages, in the discretion of the director and in proportions determined by the director, may be disbursed to the prisoner, the prisoner's dependents, and the victim of the crime or deposited to the credit of the prisoner."
SECTION 3. Section 24-13-80 of the 1976 Code, as last amended by Section 44, Part II, Act 7 of 1995, is further amended to read:
"Section 24-13-80. (A) As used in this section:
(1) 'Detention facility' means a municipal or county jail or state correctional facility used for the detention of persons charged with or convicted of a felony, misdemeanor, municipal offense, or violation of a court order.
(2) 'Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, a municipal offense, or violation of a court order.
(3) 'Medical treatment' means each visit initiated by the inmate to an institutional physician, physician's extender including a physician's assistant or a nurse practitioner, dentist, optometrist, or psychiatrist for examination or treatment.
(4) 'Administrator' means the county administrator, city administrator, or the chief administrative officer of a county or municipality.
(5)(4) 'Director' means the agency head of the Department of Corrections.
(B) The administrator or director, whichever is appropriate, may establish, by rules, criteria for a reasonable deduction from money credited to the account of an inmate to:
(1) repay the costs of:
(a) public property wilfully damaged or destroyed by the inmate during his incarceration;
(b) medical treatment for injuries inflicted by the inmate upon himself or others;
(c) searching for and apprehending the inmate when he escapes or attempts to escape. The costs must be limited to those extraordinary costs incurred as a consequence of the escape; or
(d) quelling a riot or other disturbance in which the inmate is unlawfully involved;
(2) defray the costs paid by a municipality or county for elective medical treatment for an inmate, which has been requested by him, if the deduction does not exceed five dollars for each occurrence of treatment received by the inmate at the inmate's request. If the balance in an inmate's account is five dollars or less, the fee must not be charged. This item does not apply to medical costs incurred as a result of injuries sustained by an inmate or other medically necessary treatment for which that inmate is determined not to be responsible.
(C) All sums collected for medical treatment must be reimbursed to the inmate if the inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held.
(D) The detention facility may initiate an action for collection of recovery of medical costs incurred pursuant to this section against an inmate upon his release or his estate if the inmate was executed or died while in the custody of the detention facility.
(5) 'Assets' means property, tangible or intangible, real or personal, belonging to or due an inmate or a former inmate, including income or payments to the inmate from the Social Security Administration, Workers' Compensation Commission, Veterans' Administration, pension benefits, previously earned salary or wages, bonuses, annuities, retirement benefits, or from another source including the following:
(a) monies or other tangible assets received by the inmate as a result of a settlement of a claim against the State, a state agency, or a claim against an employee or independent contractor arising from and in the scope of the employee's or independent contractor's official duties to the State or a state agency;
(b) a money judgment received by the inmate from the State as a result of a civil action in which the State, a state agency, or a state employee, or independent contractor where the judgment arose from a claim arising from the conduct of official duties on behalf of the State by the employee, a subcontractor, or for a state agency;
(c) a current stream of income from any source including a salary, wage, disability, retirement, pension, insurance, or annuity benefit, or similar payments.
(6) 'Assets' shall not include:
(a) the homestead of the inmate up to fifty thousand dollars in value; or
(b) monies saved by the inmate from wages and bonuses up to two thousand five hundred dollars paid the inmate while he is confined in a detention facility.
(7) 'Cost of care' means the cost to the department for providing transportation, room, board, clothing, security, medical, and other living expenses of inmates under the jurisdiction of the department, as determined by the director.
(8) 'Department' means the Department of Corrections.
(B) The department shall develop a form which must be used by the department to obtain information from an inmate regarding his assets.
(C) The form must be submitted to each inmate sentenced to imprisonment under the jurisdiction of the department. The form may be resubmitted to an inmate by the department for purposes of obtaining current information regarding assets of the inmate.
(D) An inmate shall complete the form and shall swear or affirm under oath that to the best of his knowledge the information provided is complete and accurate. An inmate who knowingly provides false information on the form to the department is guilty of the crime of false swearing as contained in Section 16-9-30.
(E) Failure by an inmate to fully, adequately, and correctly complete the form may be considered by the Department of Probation, Parole and Pardon Services for purposes of a parole, and in determining an inmate's parole eligibility, and constitutes sufficient grounds for denial of parole.
(F) Before the release of an inmate from imprisonment, and before his release from the jurisdiction of the department, the department shall request from the inmate an assignment of ten percent of his wages, salary, benefits, or payments from any source. The assignment is valid for the greater period of five years from the date of its execution, or five years from the date that the inmate is released from the jurisdiction of the department. The assignment shall secure payment of the total cost of care of the inmate executing the assignment.
(G) The director shall forward to the Attorney General a report on an inmate containing a completed form with all other information available on the assets of the inmate and an estimate of the total cost of care for the inmate.
(H) The Attorney General may investigate all reports furnished pursuant to the provisions of subsection (G). The investigation may include obtaining information from any source that may have relevant information concerning an inmate's assets. The director shall provide all information possessed by the department and its divisions and agencies, upon request of the Attorney General, in order to assist the Attorney General in completing his duties pursuant to this section.
(I) If the Attorney General, upon completing the investigation under subsection (H), has good cause to believe that an inmate or former inmate has sufficient assets to recover the lesser of not less than ten percent of the estimated cost of care of the inmate or ten percent of the estimated cost of care of the inmate for two years, or has a stream of income sufficient to pay these amounts within a five-year period, the Attorney General may seek to secure reimbursement for the expense of the State for the cost of care of the inmate or former inmate.
(J) The Attorney General, or his designee, shall not bring an action pursuant to this section against an inmate or former inmate after the expiration of five years after his release from the jurisdiction of the department.
(K) Not more than ninety percent of the value of the assets of an inmate may be used for purposes of securing costs and reimbursement pursuant to the provisions of this section.
(L) The amount of reimbursement sought from an inmate must not be in excess of the per capita cost for care for maintaining inmates in the detention facility in which the inmate is housed for the period the inmate is housed in a detention facility.
(M) The court of common pleas has exclusive jurisdiction over all proceedings seeking reimbursement from inmates pursuant to the provisions of this section. The Attorney General may file a complaint in the court of common pleas in the county from which an inmate was sentenced or in Richland County against any inmate under the jurisdiction of the department stating that:
(1) the inmate is or has been an inmate in a detention facility;
(2) that is good cause to believe that the inmate has assets; and
(3) the assets be used to reimburse the State for the expenses incurred or to be incurred, or both, by the State for the cost of care of the inmate.
(N) Upon the filing of a complaint under subsection (M), the court shall issue an order to show cause why the prayer of the complainant should not be granted. The complaint and order must be served upon the inmate personally, or, if the inmate is confined in a detention facility, by registered mail addressed to the inmate in care of the chief administrator of the detention facility where the inmate is housed, at least thirty days before the date of hearing on the complaint and order.
(O) At the time of the hearing on the complaint and order, if it appears that the inmate has any assets which ought to be subjected to the claim of the State pursuant to the provisions of this section, the court shall issue an order requiring a person, corporation, or other legal entity possessing or having custody of the assets, to apply the assets or a portion of them to satisfy the claim.
(P) At the hearing on the complaint and order and before entering an order on behalf of the State against the defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children, or other dependents and any moral obligation to support dependents to whom the defendant is providing or has provided support.
(Q) If the person, corporation, or other legal entity neglects or refuses to comply with an order issued pursuant to subsection (O), the court shall order the person, corporation, or other legal entity to appear before the court to show cause why the person, corporation, or other legal entity should not be considered in contempt of court.
(R) If the court finds the assets of the inmate are sufficient to pay the cost of the proceedings under the provisions of this section, the inmate is liable for those costs upon order of the court.
(S) Except as provided in subsection (O), the Attorney General may use any remedy, interim order, or enforcement procedure under the law including an ex parte restraining order to restrain the inmate or another person or legal entity in possession or having custody of the estate of the inmate from disposing of property in avoidance of an order issued pursuant to the provisions of this section.
(T) The court, upon request, may appoint a receiver to protect and maintain assets pending resolution of proceedings initiated pursuant to the provisions of this section.
(U) The Attorney General, or his designee, shall not enforce a judgment obtained pursuant to the provisions of this section by means of execution against the homestead of the inmate.
(V) The state's right to recover the cost of incarceration pursuant to an order issued pursuant to the provisions of this section shall have priority over all other liens, debts, or other encumbrances against real property or any other assets which are part of an inmate's estate.
(W) The sentencing judge, the sheriff, the county or city, the chief administrator of the detention facility, and the State Treasurer shall furnish to the Attorney General, or his designee, all information and assistance possible to enable the Attorney General, or his designee, to secure reimbursement for the State pursuant to the provisions of this section.
(X) Notwithstanding the provisions of another law protecting the confidentiality of information possessed by the State, the Secretary of State, the Director of the Department of Revenue, the Director of the Department of Social Services, the Director of the Department of Corrections, the Director of the Department of Labor, Licensing and Regulation, and the Director of the Department of Public Safety shall provide the Attorney General or prosecuting attorney with all information requested pursuant to the provisions of this section.
(Y) A county or municipal official having custody of records of the estate or real property of an inmate or former inmate shall surrender the records or certified copies of them without fee to the Attorney General, or his designee, upon request pursuant to the provisions of this section.
(Z) The cost of an investigation under this section must be paid from the reimbursements secured under this section. The investigative costs are presumed to be twenty percent of the reimbursement recovered, unless the Attorney General demonstrates to the court otherwise. All reimbursements collected must be paid the 'Inmate Incarceration Reimbursement Act Revolving Fund', which is hereby established in the State Treasurer's Office. Monies in this fund must be appropriated to the Attorney General in order to defray the costs of the Attorney General in connection with his duties under this section. All remaining balances in the fund must be appropriated to the department for purposes of construction and operation of state correctional facilities. Monies in the fund shall not lapse, be transferred, or appropriated to or placed to the credit of the general revenue fund or any other fund of the State."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HARRISON explained the amendment.
Reps. SIMRILL, F. SMITH, CAMPSEN, SCOTT, FLEMING, MACK, J. BROWN, CATO, DAVENPORT, EASTERDAY, CLYBURN, STUART, KLAUBER, MOODY-LAWRENCE, BAILEY and WOODRUM requested debate on the Bill.
Rep. H. BROWN moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
S. 620 -- Senator J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-56-55 SO AS TO PROVIDE THAT THE PROVISIONS OF THE SOLICITATION OF CHARITABLE FUNDS ACT DO NOT APPLY TO PARENT-TEACHER ASSOCIATIONS AFFILIATED WITH ANY SCHOOL OR TO STATE OR LOCAL CHAMBERS OF COMMERCE.
The following Bill was taken up.
H. 3590 -- Reps. Gourdine, Altman, Breeland, Harrell, Cobb-Hunter, Bailey, Inabinett, H. Brown, Hinson, Law, Govan, Chellis, Mack, Stuart, Lloyd, Dantzler, Seithel, Limehouse, Felder, Whatley, Battle, Young-Brickell and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-708 SO AS TO PROHIBIT IN GAME ZONE 6 THE USE OF ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE AND TO PROVIDE PENALTIES.
Rep. HAWKINS proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20651AC.97), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _____. Section 50-11-940 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-940. The property of the Belle W. Baruch Foundation in Georgetown County, other than those areas whose surface is at or below mean high tide, is designated as a bird and game refuge, and it is unlawful for any person to trap, hunt, molest, or attempt to molest in any manner any bird, wild fowl, or game, including wild hogs, within the refuge, or to trespass in any manner upon the property of the Belle W. Baruch Foundation for that purpose. Any education and research activities conducted by the University of South Carolina or Clemson University, or under the supervision of the University of South Carolina or Clemson University, or by any other fully accredited, not-for-profit public or private college or university headquartered in this State or under the supervision of such college or university is not unlawful.
Any A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or be imprisoned for not more than six months, or both."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HAWKINS explained the amendment.
Rep. KIRSH raised a Point of Order that Amendment No. 1 was not germane to the Bill.
Rep. HAWKINS argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the Amendment out of order.
Rep. GOURDINE explained the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3791 -- Reps. Tripp, Felder, Altman, Keegan, R. Smith, Sharpe, Meacham, Campsen, Sandifer, Loftis, McKay, Moody-Lawrence, Maddox, Hamilton, Rice, Barrett, J. Brown, Martin, Webb, Chellis, Rodgers, Mullen, Phillips, Jordan, Allison, Kelley, McCraw, Gamble, Bauer, Easterday, Cato, Mack, Limehouse, Davenport, Leach, Battle and Barfield: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO HIGHWAY PATROLMEN.
Reps. HOWARD, FELDER and KNOTTS proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20650AC.97), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 16-3-1040 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:
"Section 16-3-1040. (A) It is unlawful for any person to knowingly and wilfully deliver or convey to a public official or to a teacher or principal of an elementary or secondary school or to a highway patrolman any letter or paper, writing, print, missive, document, or electronic communication or any verbal or electronic communication which contains any threat to take the life of or to inflict bodily harm upon the public official, teacher, or principal, or members of their immediate families.
Any A person violating the provisions of this section must, upon conviction, must be punished by a term of imprisonment of imprisoned not more than five years.
For purposes of this section:
(1) 'Public official' means any elected or appointed official of the United States or of this State or of a county, municipality, or other political subdivision of this State.
(2) 'Immediate family' means the spouse, child, grandchild, mother, father, sister, or brother of the public official, teacher, or principal.
(B) It is unlawful for a law enforcement officer to unjustly accuse a person of threatening the life of a law enforcement officer. A law enforcement officer who violates this provision is guilty of a felony and, upon conviction, must be imprisoned not more than five years."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HOWARD explained the amendment.
Rep. HAWKINS raised a Point of Order that Amendment No. 1 was not germane to the Bill.
Rep. HOWARD argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. HOWARD continued speaking.
Rep. LEACH moved to table the amendment.
Rep. HOWARD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Battle Bauer Baxley Beck Brown, H. Campsen Cato Chellis Cooper Cotty Cromer Dantzler Davenport Easterday Fleming Hamilton Harrell Harrison Haskins Hawkins Hinson Jennings Jordan Keegan Kinon Kirsh Klauber Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Maddox Martin Mason McCraw McKay McLeod McMaster Meacham Miller Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Tripp Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Delleney Felder Gamble Govan Hines, J. Hines, M. Howard Inabinett Kennedy Knotts Lloyd Mack McMahand Moody-Lawrence Neal Parks Scott Whipper Wilkes
So, the amendment was tabled.
Reps. HOWARD, NEAL and LLOYD requested debate on the Bill.
The Bill was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 3054 -- Reps. Scott, Bailey, J. Hines and Lloyd: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FEASIBILITY OF IMPLEMENTING A STATEWIDE MASS TRANSPORTATION SYSTEM.
Rep. TOWNSEND proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1233CM.97).
Amend the joint resolution, as and if amended, by striking all after enacting words and inserting:
/SECTION 1. A committee is created to study the feasibility of creating a mass transportation system for the State of South Carolina. The committee shall develop a plan to implement practical forms of mass transportation to enhance the economic opportunities of all South Carolinians.
The committee is composed of:
(1) four persons appointed by the Speaker of the House of Representatives; and
(2) four persons appointed by the President Pro Tempore of the Senate.
The committee shall elect one of its members as chairman and other necessary officers. The committee shall meet as often as necessary for the discharge of its business before making its report to the General Assembly.
The members of the committee shall not receive per diem, subsistence, or reimbursement for mileage. The committee shall use the existing staff of the entities from which the membership of the committee is composed.
The committee shall report its findings to the General Assembly one year after the adoption of this resolution. At that time, the committee must be dissolved.
SECTION 2. This joint resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
Reps. KIRSH and MEACHAM requested debate on the Joint Resolution.
Rep. SCOTT made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
S. 586 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO MEDICAL REPORTS, PHYSICIAN'S FEES AND HOSPITAL CHARGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2166, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HARRISON made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3499 -- Reps. Knotts, Whatley, Cobb-Hunter, Neal, Kennedy, Govan, Lanford, Fleming, Simrill, Bailey, Altman, Stille, Harrell, Young, Sandifer, McCraw, Clyburn, Wilkins, Scott, Chellis, Davenport, Harrison, D. Smith, Riser, Webb, Barrett, Tripp, Klauber, J. Smith, Keegan, Delleney, Bauer, Campsen, Hawkins, McMaster and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-45 SO AS TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER RESPONDS TO A DISTRESS CALL IN A NEIGHBORING JURISDICTION, THE AUTHORITY, RIGHTS, PRIVILEGES, AND IMMUNITIES THAT APPLY TO AN OFFICER WITHIN THE JURISDICTION IN WHICH HE IS EMPLOYED, ARE EXTENDED TO AND INCLUDE THE NEIGHBORING JURISDICTION.
Rep. KNOTTS proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15187CM.97), which was adopted.
Amend the bill, as and if amended, Section 17-13-45, SECTION 1, page 1, by inserting /or a request for assistance/ after /call/ on line 26.
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. KNOTTS spoke in favor of the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. HARRISON moved that the House recede until 2:15 P.M., which was adopted.
At 2:15 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
The question of a quorum was raised. A quorum was later present.
Rep. CATO moved that the House recur to the morning hour, which was not agreed to.
On motion of Rep. MEACHAM, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.
H. 3847 -- Reps. Meacham and Kirsh: A BILL TO AMEND SECTION 39-55-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM ACREAGE OF LAND REQUIRED FOR USE AS A CEMETERY, SO AS TO PROVIDE AN EXCEPTION.
On motion of Rep. HAWKINS, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3340 -- Reps. Hawkins, Littlejohn, Altman, Bauer, Simrill, Davenport, McCraw, Trotter, Mullen, Barrett, Hinson, Maddox, Beck, Campsen, Webb, Tripp, Battle, Miller and Pinckney: A BILL TO AMEND SECTION 50-11-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF CERTAIN PROPERTY OF THE BELLE W. BARUCH FOUNDATION AS A BIRD AND GAME SANCTUARY, SO AS TO PERMIT EDUCATIONAL AND RESEARCH ACTIVITIES TO BE UNDERTAKEN IN SUCH SANCTUARY NOT ONLY BY THE UNIVERSITY OF SOUTH CAROLINA AND CLEMSON UNIVERSITY BUT ALSO BY ANY OTHER FULLY ACCREDITED, NOT-FOR-PROFIT PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY HEADQUARTERED IN THIS STATE OR UNDERTAKEN UNDER THE SUPERVISION OF SUCH COLLEGE OR UNIVERSITY.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 4040 -- Reps. Kinon, M. Hines and Jennings: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1997, AND ENDING JUNE 30, 1998.
The Senate amendments were agreed to, and the Joint Resolution, 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.
Rep. LEACH moved that the House recur to the morning hour, which was agreed to.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3702 -- Reps. Moody-Lawrence, Simrill, Meacham and Kirsh: A CONCURRENT RESOLUTION URGENTLY REQUESTING THE DEPARTMENT OF TRANSPORTATION TO INSTALL A STOP LIGHT AT THE INTERSECTION OF HIGHWAYS 322 AND 324 IN YORK COUNTY.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3840 -- Reps. Battle, M. Hines and Miller: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 76 IN MARION COUNTY, FROM THE EASTERN CITY LIMITS OF THE CITY OF MULLINS TO THE LITTLE PEE DEE RIVER, THE "McMILLAN HIGHWAY".
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4067 -- Rep. Sharpe: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PASS AND PROPOSE FOR RATIFICATION TO THE STATES AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO RETAIN THE EXISTING NATIONAL AMBIENT AIR QUALITY STANDARDS.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4088 -- Rep. Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNS AT EXIT 68 ON INTERSTATE HIGHWAY 20 IN RICHLAND COUNTY THAT INFORM MOTORISTS THAT THE SOUTH CAROLINA FIRE ACADEMY MAY BE ACCESSED FROM THIS EXIT.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4090 -- Rep. Tripp: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE OVER THE REEDY RIVER ON LOG SHOALS ROAD, BETWEEN NEELEY FERRY ROAD AND FORK SHOALS ROAD IN GREENVILLE COUNTY, IN HONOR OF W. M. AND MABEL RIDDLE AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
Ordered for consideration tomorrow.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4099 -- Reps. M. Hines and J. Hines: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF FLORENCE PUBLIC SCHOOL DISTRICT ONE TO LEVY A TAX OF 95.1 MILLS TO PROVIDE FOR LOCAL FUNDING OF THE OPERATING BUDGET OF THIS DISTRICT.
Referred to Florence Delegation.
The following Bill was taken up.
H. 4042 -- Reps. Jennings and Boan: A BILL TO AMEND SECTION 16-23-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OF UNLAWFULLY POINTING OR PRESENTING A FIREARM AT ANOTHER PERSON, SO AS TO INCREASE THE PENALTIES FOR VIOLATION WHERE THE PERSON AT WHOM THE FIREARM IS POINTED IS A LAW ENFORCEMENT OFFICER ACTING IN THE LINE OF DUTY WHICH SHALL INCLUDE A MANDATORY MINIMUM TERM OF IMPRISONMENT OF NOT LESS THAN TEN YEARS NOR MORE THAN THIRTY YEARS, NO PART OF WHICH MAY BE SUSPENDED, PROBATION FOR WHICH MAY NOT BE GRANTED FOR ANY PORTION, AND FOR WHICH A PERSON IS NOT ELIGIBLE FOR PAROLE UNTIL HE HAS SERVED AT LEAST SEVEN YEARS OF HIS SENTENCE.
Rep. JENNINGS explained the Bill.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
H. 3658 -- Reps. Loftis, Altman, Limehouse, Limbaugh, Simrill, H. Brown, Chellis, R. Smith, Neilson, Barrett, Seithel, Vaughn, Carnell, Hinson, Sandifer, Jordan, Mason, Law, Kelley, Woodrum, Cotty, Knotts, Davenport, Cooper, Allison, Leach, Hamilton, Koon, Littlejohn, Stoddard, Easterday, Bailey, Haskins, Riser, Harrison, Trotter, Phillips, Gamble, Robinson, Rhoad, Stille, Witherspoon, Mullen, Sharpe, Campsen, Rice, Beck, D. Smith, Keegan, Miller, Felder, Fleming, Boan, Tripp, Young, Wilder, Young-Brickell, Delleney, J. Hines, Kirsh, McMaster, Meacham, Cato, Klauber, Jennings, Spearman, Martin, Quinn, F. Smith, McMahand, Rodgers, McKay, Whatley, Townsend, Harrell, Bauer, Lanford and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-45 SO AS TO ESTABLISH A PROCEDURE FOR THE STATE BOARD OF EDUCATION TO ADD TEXTBOOKS TO THE LIST OF TEXTBOOKS APPROVED FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE.
Rep. TOWNSEND made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. HARRISON moved to adjourn debate upon the following Joint Resolution until Thursday, May 1, which was adopted.
S. 577 -- Senators Fair, Holland, Bryan, Moore, McConnell, Glover and Courtney: 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.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
S. 624 -- Senators Setzler, Ryberg, Lander, Wilson and Drummond: A BILL TO AMEND SECTIONS 6-25-100, AS AMENDED, 6-25-110, AND 6-25-111, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF JOINT MUNICIPAL WATER SYSTEMS AND THE AUTHORITY OF SUCH SYSTEMS TO INCUR DEBT, SO AS TO DELETE THE REQUIREMENT FOR UNANIMOUS APPROVAL BY THE GOVERNING BODY OF EACH MEMBER OF THE SYSTEM TO INCUR DEBT AND INSTEAD REQUIRE APPROVAL BY AT LEAST TWO-THIRDS OF THE GOVERNING BODIES OF THE MEMBERS OF THE SYSTEM.
The following Bill was taken up.
H. 3940 -- Reps. Klauber, McLeod, Kinon, Young, Hawkins, Harrison and Wilkins: A BILL TO AMEND CHAPTER 1, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MILITARY CODE, BY ADDING ARTICLE 25 SO AS TO ENACT THE "SOUTH CAROLINA TRUTH IN MILITARY CONFINEMENT ACT" WHEREBY NO EARLY RELEASES MAY BE GRANTED TO MILITARY PERSONNEL SERVING CONFINEMENT PURSUANT TO A SPECIAL, GENERAL, OR SUMMARY COURT MARTIAL.
Rep. KLAUBER proposed the following Amendment No. 2 (Doc Name P:\AMEND\BBM\9415SD.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 1, Title 25 of the 1976 Code is amended by adding:
Section 25-1-3300. This article is known and may be cited as the South Carolina Truth in Military Confinement Act.
Section 25-1-3310. Military personnel subject to the Code of Military Justice as provided in this title who are sentenced to a period of confinement pursuant to a general, special, or summary court martial for a criminal or other offense which has been passed upon by the appropriate reviewing authority shall serve the full term of the confinement for which early release for any portion shall not be granted for any reason."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15169SD.97), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 1, Title 25 of the 1976 Code is amended by adding:
Section 25-1-3300. This article is known and may be cited as the South Carolina Truth in Military Confinement Act.
Section 25-1-3310. Military personnel subject to the Code of Military Justice as provided in this title who are sentenced to a period of confinement pursuant to a general, special, or summary court martial for a criminal or other offense which has been passed upon by the appropriate reviewing authority shall serve the full term of the confinement for which early release for any portion shall not be granted for any reason."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. YOUNG moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
H. 3780 -- Reps. Young, Askins, Woodrum, Inabinett, Simrill, Bailey, Riser and Kirsh: A BILL TO AMEND SECTION 16-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO REVISE THE ELEMENTS OF ARSON IN THE FIRST, SECOND, AND THIRD DEGREES, AND REVISE THE PENALTIES FOR ARSON IN THE FIRST AND SECOND DEGREES.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3861 -- Reps. Haskins, Sharpe, Beck, R. Smith, Mason, Young-Brickell, Loftis, Campsen, Tripp, Bailey, Littlejohn, Simrill, Davenport, Witherspoon, Barrett, Leach, Limbaugh, Rodgers, Robinson, Gamble and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-100 SO AS TO PROVIDE THAT A MALE UNDER THE AGE OF SIXTEEN AND A FEMALE UNDER THE AGE OF FOURTEEN ARE NOT CAPABLE OF ENTERING INTO A VALID MARRIAGE AND THAT ANY SUCH MARRIAGE IS VOID AB INITIO; AND TO AMEND SECTION 16-3-658, AS AMENDED, RELATING TO EXCLUDING THE APPLICATION OF CRIMINAL SEXUAL CONDUCT OFFENSES TO ONE'S LEGAL SPOUSE, SO AS TO PROVIDE THAT THIS EXCLUSION DOES NOT APPLY TO PURPORTED MARRIAGES BETWEEN A MALE UNDER AGE SIXTEEN AND A FEMALE UNDER AGE FOURTEEN.
Rep. HASKINS explained the Bill.
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. McLEOD moved to adjourn debate upon the Concurrent Resolution until Wednesday, May 7, which was rejected by a division vote of 39 to 49.
Rep. McLEOD proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5974HTC.97).
Amend the bill, as and if amended, page 2, by striking lines 8 through 12 and inserting:
/ York Capitol. /
Amend title to conform.
Rep. McLEOD explained the amendment.
Rep. QUINN moved to recommit the Concurrent Resolution to the Invitations and Memorial Resolutions Committee, which was agreed to.
The following Concurrent Resolution was taken up.
S. 688 -- Senators Holland, Courson and Rankin: A CONCURRENT RESOLUTION TO EXTEND UNTIL THE BEGINNING OF THE 1998 LEGISLATIVE SESSION THE TIME BY WHICH THE STUDY COMMITTEE ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE MAGISTERIAL SYSTEM IN SOUTH CAROLINA MUST PRESENT ITS REPORT TO THE GENERAL ASSEMBLY; AND TO PROVIDE THAT AFTER SUBMITTING ITS REPORT AND PROPOSED LEGISLATION THAT THE STUDY COMMITTEE BE DISSOLVED MAY 1, 1998.
Whereas, the Magistrates Study Committee, established in 1996 by Concurrent Resolution S. 1432 and extended in 1997 by Concurrent Resolution S. 199, requires additional time in order to receive information from the State Retirement Systems and other groups from which the study committee has solicited recommendations. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the time by which the Magistrates Study Committee shall submit its report to the General Assembly be extended from May 1, 1997, to the beginning of the 1998 Legislative Session; and that after submitting its report and proposed legislation, the study committee shall be dissolved on May 1, 1998.
Rep. HARRISON explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The motion period was dispensed with on motion of Rep. HASKINS.
Rep. SCOTT moved that the House recur to the morning hour.
Rep. LIMBAUGH moved to table the motion, which was agreed to by a division vote of 64 to 23.
Rep. SCOTT moved that the House do now adjourn.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bowers Breeland Canty Cobb-Hunter Hines, M. Howard Lloyd Mack Neal Parks Pinckney Scott
Those who voted in the negative are:
Allison Altman Bailey Barfield Barrett Battle Baxley Beck Brown, G. Brown, H. Campsen Carnell Cato Cave Chellis Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Govan Hamilton Harrell Harrison Haskins Hinson Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, F. Smith, R. Spearman Stille Stoddard Stuart Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to adjourn.
The following Joint Resolution was taken up.
H. 3132 -- Reps. Limbaugh, Altman, Barfield, Bauer, Beck, Boan, H. Brown, Cooper, Dantzler, Davenport, Easterday, Edge, Fleming, Harrell, Haskins, Hawkins, Hinson, Jordan, Kelley, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Limehouse, Littlejohn, Loftis, Mason, McKay, McMaster, Meacham, Mullen, Quinn, Rice, Riser, Rodgers, Sandifer, Seithel, Sharpe, Simrill, D. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Whatley, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20263SD.97), which was ruled out of order.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 13 of Title 1 of the 1976 Code is amended by adding:
"Section 1-13-5. (A) Neither the State of South Carolina nor any of its political subdivisions shall use race, sex, color, ethnicity, or national origin as a criterion for either discriminating against or granting preferential treatment to any individual or group in the operation of the state's system of public employment, public education, or public contracting.
(B) This section shall apply only to state action taken after the effective date of this section.
(C) Allowable remedies for violation of this section shall include reasonable attorney's fees.
(D) Nothing in this section shall be interpreted as prohibiting classifications based on sex that are reasonably necessary to the normal operation of the state's system of public employment or public education.
(E) Nothing in this section shall be interpreted as invalidating any court order or consent decree that is in force as of the effective date of this section.
(F) Nothing in this section shall be construed as prohibiting a public agency from obeying a court order requiring the consideration of racial, ethnic, national origin, gender, or religious characteristics to remedy the effects of its own past discriminatory practices.
(G) If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent permitted by federal law and the United States Constitution. Any provision held invalid shall be severable from the remaining portions of this section.
(H) Nothing in this section shall be interpreted to prohibit a bona fide state agency from its responsibilities to monitor and implement state laws assuring equal employment opportunity to all persons."
SECTION 2. This act takes effect upon approval of the Governor./
Amend further, as and if amended, by striking the title and inserting:
/TO AMEND CHAPTER 13, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-5 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING./
Renumber sections to conform.
Rep. LIMBAUGH explained the amendment.
Rep. BAXLEY raised a Point of Order that the committee amendment was out of order under Rule 10.3 because it attempted to change a Joint Resolution into a Bill. He also stated that Mason's Manual, Section 145, page 132, provides that resolutions are used for making declarations, stating policies, and making decisions, and that a statute or ordinance cannot be enacted by a joint resolution or concurrent resolution.
Rep. HASKINS argued contra in that Rule 5.2 superseded Mason's Manual.
Rep. JENNINGS stated that a Point of Order on Rule 5.2 was sustained on April 2, 1991, on the basis that an amendment to a Code section must cite the section, chapter and title and that the title would have to express the subject matter of that section.
SPEAKER WILKINS stated that Rule 5.2 was not applicable and that the issue was whether a Joint Resolution could be changed into a Bill.
SPEAKER WILKINS stated that a Point of Order was raised on May 8, 1991, and sustained by Speaker Sheheen, based on an attempt to change a Joint Resolution into a Bill. He further stated the May 8, 1991, Point of Order was on point and that he was bound by precedent because Rule 10.3 has not been changed since 1991, therefore he sustained the Point of Order.
Rep. HODGES moved to adjourn debate upon the Joint Resolution.
Rep. D. SMITH moved to table the motion.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Beck Brown, H. Campsen Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Mason McCraw McKay McMaster Meacham Mullen Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Bailey Battle Baxley Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Gourdine Govan Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Kinon Lloyd Mack Maddox McLeod McMahand Miller Moody-Lawrence Neal Neilson Parks Phillips Pinckney Rhoad Scott Smith, F. Smith, J. Whipper Wilder Wilkes
So, the motion to adjourn debate was tabled.
Rep. BAXLEY requested to speak on the Joint Resolution.
Rep. HASKINS raised a Point of Order that there were amendments on the desk that needed to be taken up prior to members speaking on the Joint Resolution.
SPEAKER WILKINS stated that while it was customary to deal with amendments first, there was nothing in the House Rules nor was there a precedence that prohibited a member from being recognized to speak on the Joint Resolution first. He therefore overruled the Point of Order and recognized Rep. BAXLEY who then spoke on the Joint Resolution.
Rep. BAXLEY spoke against the Joint Resolution.
Rep. HASKINS proposed the following Amendment No. 34 (Doc Name P:\AMEND\GJK\20263SD.97), which was ruled out of order.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 13 of Title 1 of the 1976 Code is amended by adding:
"Section 1-13-5. (A) Until January 1, 2010, neither the State of South Carolina nor any of its political subdivisions shall use race, sex, color, ethnicity, or national origin as a criterion for either discriminating against or granting preferential treatment to any individual or group in the operation of the state's system of public employment, public education, or public contracting.
(B) This section shall apply only to state action taken after the effective date of this section.
(C) Allowable remedies for violation of this section shall include reasonable attorney's fees.
(D) Nothing in this section shall be interpreted as prohibiting classifications based on sex that are reasonably necessary to the normal operation of the state's system of public employment or public education.
(E) Nothing in this section shall be interpreted as invalidating any court order or consent decree that is in force as of the effective date of this section.
(F) Nothing in this section shall be construed as prohibiting a public agency from obeying a court order requiring the consideration of racial, ethnic, national origin, gender, or religious characteristics to remedy the effects of its own past discriminatory practices.
(G) If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent permitted by federal law and the United States Constitution. Any provision held invalid shall be severable from the remaining portions of this section.
(H) Nothing in this section shall be interpreted to prohibit a bona fide state agency from its responsibilities to monitor and implement state laws assuring equal employment opportunity to all persons."
SECTION 2. This act takes effect upon approval of the Governor and shall expire on January 1, 2010.
Amend further, as and if amended, by striking the title and inserting:
/TO AMEND CHAPTER 13, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-5 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING./
Renumber sections to conform.
Rep. HASKINS explained the amendment.
Rep. BAXLEY: "We are back in the same place where we were before. He is attempting to take a Joint Resolution and amend it to be a Bill."
Rep. HASKINS: "No, it still remains a Joint Resolution. I am not trying to make it a Bill. Under House Rule 10.3, it has the same force as law but it is a temporary measure, dying when its subject matter is completed. That would be on January 1, 2010."
Rep. BAXLEY: "That clearly just tries to circumvent the rule - that is not a temporary measure - that is ten years. Mr. Speaker, I raise the Rule 10.3 on the committee amendment."
Rep. HASKINS: "Mr. Speaker, we are not attempting with this amendment to change a Joint Resolution into a Bill. This would still be a Joint Resolution and in accordance with our rule, a Joint Resolution (Rule 10.3C) has the same force of law as an act, but it is a temporary measure dying when the subject matter is completed. This amendment makes this a temporary measure until January 1, 2010 and that would be consistent with this Point of Order."
Rep. Baxley: "Mr. Speaker, Mr. Haskins is still violating the clearly set out rules of Mason's Manual that a Resolution is not a vehicle by which you can establish or prescribe a continuing rule of conduct for government or business. That is under Section 145 and again state law is not enacted by Joint Resolution - that is Subsection 2 of Section 145. It violates both of those rules."
SPEAKER WILKINS: "Mr. Haskins, your amendment attempts to change a permanent statute although it only appears to do that for a period of 13 years - is that correct?"
Rep. HASKINS: "That is correct. Just as it says in Rule 10.3 - it has the same force of law as an act, but it is a temporary measure."
SPEAKER WILKINS: "Would you agree with me that Joint Resolutions are primarily used for either constitution amendments or adoption of regulations. I don't remember in the 17 years that I have been here that we have ever amended a permanent section of the law through a Joint Resolution. I certainly don't remember a Point of Order being raised on it."
Rep. HASKINS: "I don't remember a specific example where it was done - I also don't remember any example where that has been ruled out of order."
SPEAKER WILKINS: "I am concerned about a dangerous precedence. It is not that complicated. A Bill is a Bill and a Joint Resolution is a Joint Resolution. I understand what happened in Judiciary - they had a Joint
Resolution which required two-thirds vote and they decided they did not want a two-thirds vote. I am concerned about if I rule the way you are arguing, then I am going to allow a Joint Resolution to then become another vehicle to change permanent statutory law in this State and it has never been used that way."
Rep. HASKINS: "I disagree only in characterizing it as changing permanent law. This is a temporary change only."
SPEAKER WILKINS: "You are changing permanent law for a period of 13 years -correct?"
Rep. HASKINS: "That is correct."
SPEAKER WILKINS: "I am very concerned about precedence. I might agree with what you are attempting to do, but I think the process is too sacred for us to set a dangerous precedence. I am going to sustain the Point of Order."
Rep. LIMBAUGH moved to recommit the Joint Resolution to the Committee on Judiciary, which was agreed to.
Rep. J. BROWN moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
H. 3033 -- Reps. Govan, Inabinett, J. Hines, Lloyd and Moody-Lawrence: A BILL TO AMEND TITLE 44, CHAPTER 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 3 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES, AND TO CREATE AN ADVISORY COUNCIL TO THE PROGRAM.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
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.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Wednesday, May 7, which was adopted.
H. 3652 -- Reps. Beck, J. Hines, Seithel, Neilson, Cato, Mason, Allison, Clyburn, Whatley, R. Smith, Lee, Davenport, McCraw, Keegan, Spearman, Breeland, Kelley, Easterday, Edge, Miller, Witherspoon, Boan, Hamilton, Harrell, Mack, Hawkins, Battle and Jennings: A BILL TO AMEND SECTION 59-67-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF SCHOOL BUSES OWNED AND OPERATED BY A PRIVATE SCHOOL OR UNDER CONTRACT FOR A PRIVATE SCHOOL, SO AS TO REVISE THE PROVISIONS PERTAINING TO PAINTING, LETTERING, AND USE OF STOP ARMS AND WARNING LIGHTS ON THESE VEHICLES OWNED AND OPERATED OR UNDER CONTRACT.
The following Bill was taken up.
H. 3332 -- Reps. Witherspoon, H. Brown, Sandifer, Barfield, Barrett, Lee, Walker, Askins, Seithel, Battle, Whatley, Edge, Tripp, Keegan, Stille, Loftis, Kelley, Trotter, Cooper, Rhoad, Miller, Riser, Knotts, Mason, Limehouse, T. Brown, Harrell, Altman, Felder, Davenport, Phillips, McCraw, Kinon, Stoddard, Hawkins and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT A BOAT ON WHICH THE INTEREST PORTION OF ANY INDEBTEDNESS THEREON IS OR WOULD BE DEDUCTIBLE UNDER THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE IS ALSO DEEMED TO BE A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND AS SUCH IS CONSIDERED REAL RATHER THAN PERSONAL PROPERTY FOR THESE PURPOSES, AND TO PROVIDE A CAP ON THE MAXIMUM AD VALOREM TAXATION WHICH MAY BE LEVIED ON SUCH A BOAT FOR ANY YEAR.
Reps. SIMRILL and HODGES spoke against the Bill.
Rep. McKAY spoke in favor of the Bill.
Rep. HODGES spoke against the Bill and moved to table the Bill and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Breeland Brown, G. Canty Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Gourdine Govan Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kirsh Klauber Lloyd Mack Mason McMahand Meacham Moody-Lawrence Neal Parks Pinckney Scott Simrill Smith, J. Stille Wilder Woodrum Young
Those who voted in the negative are:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Beck Bowers Brown, H. Brown, T. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Felder Fleming Gamble Hamilton Harrell Harvin Haskins Hawkins Hinson Jordan Keegan Kelley Kennedy Kinon Knotts Koon Lanford Law Leach Limbaugh Limehouse Loftis Martin McCraw McKay McLeod Miller Mullen Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Smith, R. Spearman Stoddard Stuart Townsend Tripp Vaughn Walker Webb Whatley Wilkins Witherspoon Young-Brickell
So, the House refused to table the Bill.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Beck Brown, H. Brown, J. Brown, T. Campsen Cato Chellis Cotty Dantzler Davenport Easterday Edge Fleming Gamble Gourdine Hamilton Harrell Harvin Haskins Hawkins Hinson Jordan Keegan Kelley Kennedy Kinon Knotts Koon Lanford Law Leach Limbaugh Limehouse Loftis Martin Mason McCraw McKay McLeod Miller Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Smith, R. Spearman Stoddard Stuart Townsend Tripp Vaughn Walker Webb Whatley Whipper Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Baxley Breeland Brown, G. Canty Carnell Cave Cobb-Hunter Cromer Hines, J. Hines, M. Hodges Howard Jennings Kirsh Klauber Lloyd Mack Meacham Moody-Lawrence Neal Parks Pinckney Scott Simrill Stille Wilder Wilkes Woodrum Young
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3461 -- Reps. McMahand, F. Smith, Sheheen, Allison, Breeland, Spearman, Littlejohn, Lee, Stoddard and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-545 SO AS TO AUTHORIZE PARENTS AND OTHER ADULT SCHOOL VOLUNTEERS TO RIDE SCHOOL BUSES ON A SPACE AVAILABLE BASIS IN CONJUNCTION WITH THEIR VOLUNTEER SCHOOL ACTIVITIES UNDER CERTAIN CONDITIONS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20420SD.97), which was adopted.
Amend the bill, as and if amended, by striking Section 59-67-545 of the 1976 Code as contained in SECTION 1 and inserting:
/Section 59-67-545. (A) Parents and other adult school volunteers or employees may ride route school buses on a space available basis not to exceed four adults per bus. The provisions of this section shall not be construed as a waiver or abrogation of the State's limited immunity from liability and suit under the State Tort Claims Act.
(B) Parents and other adults also may ride school buses in conjunction with special programs that are sponsored by the local school district. The State is not responsible for any costs associated therewith.
(C) The use of these school buses as permitted above by parents and other adults shall be in accordance with local school district board policies and programs./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. ALTMAN continued speaking.
Rep. KIRSH moved to continue the Bill.
Rep. McMAHAND demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Campsen Cooper Cotty Dantzler Davenport Delleney Edge Fleming Harrell Keegan Kelley Kirsh Quinn Robinson Rodgers Sandifer Witherspoon Young-Brickell
Those who voted in the negative are:
Allison Askins Bailey Barrett Battle Bauer Baxley Beck Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cromer Easterday Gamble Gourdine Govan Hamilton Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jennings Kennedy Klauber Knotts Koon Lanford Law Leach Limbaugh Littlejohn Lloyd Mack Maddox Martin Mason McCraw McKay McLeod McMahand Meacham Moody-Lawrence Neal Neilson Parks Phillips Rhoad Rice Riser Scott Seithel Simrill Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Vaughn Walker Webb Whatley Whipper Wilder Woodrum Young
So, the House refused to continue the Bill.
Rep. SCOTT moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 29 to 52.
The amendment was then adopted.
Reps. WALKER and KNOTTS proposed the following Amendment No. 2 (Doc Name P:\AMEND\GJK\20569SD.97), which was adopted.
Amend the bill, as and if amended, in Section 59-67-545 of the 1976 Code, as contained in SECTION 1, line 35, page 3461-1, by adding at the end of subsection (C): /School districts may not re-route school buses in order to accommodate the pickup of parents or other adults authorized to ride school buses as provided by this section./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
Rep. FLEMING moved to adjourn debate upon the Bill until Tuesday, May 6.
Rep. SCOTT moved to table the motion.
Rep. FLEMING demanded the yeas and nays, which were not ordered.
The motion to adjourn debate was tabled by a division vote of 73 to 14.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Bowers Brown, G. Brown, H. Brown, J. Brown, T. Byrd Carnell Cato Cave Chellis Clyburn Cobb-Hunter Davenport Delleney Edge Gamble Gourdine Govan Hamilton Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Inabinett Jennings Kennedy Kinon Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Lloyd Mack Maddox Martin Mason McCraw McKay McLeod McMahand Meacham Moody-Lawrence Mullen Neal Neilson Parks Phillips Rhoad Rice Riser Rodgers Sandifer Scott Simrill Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Vaughn Walker Webb Whatley Whipper Wilder Wilkins Woodrum Young
Those who voted in the negative are:
Altman Campsen Cooper Cotty Dantzler Easterday Fleming Harrell Harrison Keegan Kelley Kirsh Loftis Miller Quinn Robinson Seithel Witherspoon Young-Brickell
So, the Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. BYRD a leave of absence for the remainder of the day.
Rep. WALKER moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
S. 559 -- Senators Setzler and Bryan: A BILL TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTENT AND GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS, SO AS TO FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES; SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES; SECTION 59-26-30, AS AMENDED, RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH TEACHERS ARE ASSISTED, CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL SECTION 59-26-80 RELATING TO THE EDUCATION ENTRANCE EXAMINATION.
Rep. YOUNG-BRICKELL moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
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.
The following Bill was taken up.
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.
Rep. BOAN proposed the following Amendment No. 2 (Doc Name P:\AMEND\GJK\20640SD.97).
Amend the report of the Committee on Ways and Means, as and if amended, by striking SECTIONS 1 and 2 in their entirety;
Amend the report further, as and if amended, by striking SECTION 3 and inserting:
/SECTION 3. Section 9-1-1600 of the 1976 Code is amended by adding a new paragraph at the end to read:
"Nonclassroom positions required by the Defined Minimum Program for South Carolina School Districts may only be filled by individuals receiving a W-2 (or other appropriate form should the Internal Revenue Service change the individual reporting form to another method) from the hiring public school district. Any public school district that hires a corporation, partnership, or any entity other than an individual to fill a position required by the Defined Minimum Program shall have its EFA or its EIA allocation, or both, if necessary, reduced by the amount paid to that corporation, partnership, or other entity. Compliance with this requirement must be made part of the single audit process of local public school districts as monitored by the State Department of Education."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. LANFORD spoke against the amendment.
Rep. SCOTT moved to adjourn debate upon the Bill.
Rep. LANFORD moved to table the motion, which was agreed to.
Rep. BOAN spoke in favor of the amendment.
Rep. BOAN continued speaking.
Rep. BOAN moved to adjourn debate upon the amendment, which was adopted.
Rep. LANFORD proposed the following Amendment No. 3 (Doc Name P:\AMEND\PT\1220HTC.97), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION____. A. Article 5, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-655. Notwithstanding any other provision of law, a member in covered employment in more than one correlated system as defined in Sections 9-1-650, 9-9-40, and 9-11-40 may elect not to participate in the system in which the member receives the lowest earnable compensation. This election must be made by written notice filed with the covered employer not later than sixty days after a member first begins employment covered by a correlated system. Failure to make this election or failure to make the election within the defined allowable period for election constitutes an irrevocable election to become a contributing member of each correlated system. The covered employer shall forward the written notice to the board and the date of receipt by the board is the date the member's participation ceases in the correlated system. This election is irrevocable and controlling for so long as the member is in covered employment and without regard to subsequent changes in the status or conditions of the member's future employment. A member making this election thereafter accrues no service credit in a correlated system by virtue of continued employment and is forever ineligible to establish this service as creditable service."
B. Notwithstanding the time limit on filing the written notice required pursuant to Section 9-1-655 of the 1976 Code as added by this section, a member who, on the effective date of this act, is in covered employed employment in more than one of the correlated state retirement systems may make the election allowed pursuant to Section 9-1-655 by filing the notice of election within one hundred days of the effective date of this act./
Renumber sections to conform.
Amend title to conform.
Rep. LANFORD explained he amendment.
Rep. J. BROWN moved to table the amendment.
Rep. LANFORD demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 21 to 59.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. SPEARMAN proposed the following Amendment No. 7 (Doc Name P:\AMEND\KGH\15191SD.97), which was adopted.
Amend the report of the Committee on Ways and Means, as and if amended, by striking SECTION 3 and inserting:
/SECTION 3. Section 9-1-1600 of the 1976 Code is amended by adding a new paragraph at the end to read:
"Only teachers who are certified in areas of critical need may be temporarily employed pursuant to the provisions of this section."/
Renumber sections to conform.
Amend title to conform.
Rep. SPEARMAN explained the amendment.
The amendment was then adopted by a division vote of 49 to 19.
Debate was resumed on Amendment No. 2, by Rep. BOAN.
Rep. BOAN moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill, as amended, on second reading resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Bauer Baxley Beck Boan Brown, G. Brown, H. Campsen Carnell Cato Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gourdine Hamilton Harrell Harrison Harvin Hinson Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Lanford Law Leach Limbaugh Limehouse Loftis Maddox Martin Mason McCraw McKay McLeod McMaster Meacham Miller Neilson Parks Phillips Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Vaughn Walker Whatley Whipper Wilder Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Breeland Brown, T. Chellis Hines, M. Howard Inabinett Littlejohn Lloyd Mack Moody-Lawrence Neal Webb Witherspoon
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. LANFORD moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
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.
The following Bill was taken up.
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.
Rep. ROBINSON moved to adjourn debate upon the Bill.
Rep. HARRELL moved to table the motion, which was agreed to.
Reps. HARRELL, TOWNSEND, WALKER proposed the following Amendment No. 6 (Doc Name P:\AMEND\GJK\20659JM.97), which was adopted.
Amend the report of the Committee on Education and Public Works, as and if amended, by deleting Section 59-39-101, beginning on page 3828-1 line 23 through page 3828-2 line 26 and inserting:
/"Section 59-39-101. (A) For the purpose of recognizing and rewarding outstanding performance and academic achievement on the part of school students, each public or nonpublic high school graduate who meets the requirements of this section beginning with the 1997-98 school year must be awarded a Superior Technology or Academic Requirements (STAR) High School Diploma.
(B) In order to qualify for a Superior Technology or Academic Requirements High School Diploma a student, who has completed the college prep track, shall complete at least twenty-four units as prescribed by the State Board of Education including:
(1) four units of English or language arts;
(2) four units of mathematics;
(3) four units of science;
(4) four units of social science or history, one unit of which must be U.S. History;
(5) two units of foreign or classical languages;
(6) one unit of computer science beginning with school year 1999-2000, and until school year 1999-2000, one additional elective unit must be completed instead of a unit in computer science;
(7) one unit of the arts or music, provided that a third unit of foreign or classical language may be substituted for this arts or music requirement;
(8) one unit of physical education or health; and
(9) three elective units.
(C) In order to qualify for a Superior Technology or Academic Requirements High School Diploma a student, who has completed the tech prep track, shall complete at least twenty-four units as prescribed by the State Board of Education including:
(1) four units of English or language arts;
(2) four units of mathematics;
(3) three units of science;
(4) three units of social science or history, one unit of which must be U.S. History;
(5) two units of foreign or classical languages;
(6) one unit of computer science beginning with school year 1999-2000, and until school year 1999-2000, one additional elective unit must be completed instead of a unit in computer science;
(7) four units of occupational specialty courses;
(8) one unit of physical education or health; and
(9) two elective units.
(D) A student who receives a Superior Technology or Academic Requirements High School Diploma and attends a public or private South Carolina institution of higher learning or technical college whose main campus and headquarters are located in South Carolina shall receive a five hundred dollar scholarship from the State paid to the institution. The State Department of Education shall furnish the Palmetto Fellows Scholarship Program of the Commission on Higher Education with a list of those students each year who are awarded Superior Technology or Academic Requirements Diplomas. The Palmetto Fellows Scholarship Program shall then distribute the scholarship funds on behalf of such students at the appropriate institutions.
(E) Each district school board of trustees and the administrators of each nonpublic school are encouraged to make provisions, through appropriate and adequate course offerings in each high school or through cooperative arrangements with other schools, for students desiring to receive a Superior Academic Achievement High School Diploma.
(F) The State Board of Education is authorized to promulgate regulations necessary for the implementation and administration of this section. These regulations shall include specific course requirements and may also establish alternatives to any area of study or course of study specified herein, provided that the adopted curriculum framework demonstrates that the alternative authorized is equivalent or more advanced.
(G) In order to qualify for a Superior Technology or Academic Requirements Diploma, a student must maintain an aggregate numerical grade average of at least 86 for grades 9-12."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 8 (Doc Name P:\AMEND\PT\1240AC.97), which was adopted.
Amend the report of Committee on Education and Public Works, as and if amended, Section 59-39-101(B), page 3828-2, by inserting immediately after line 5: / No course in which the student receives a pass-fail grade may be counted in the student's twenty-four units required by this subsection. /
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 9 (Doc Name P:\AMEND\GJK\20660AC.97), which was adopted.
Amend the report of the Committee on Education and Public Works, as and if amended, Section 59-39-101(E), page 3828-2, line 26, after the period by inserting: /No numerical grade average may include a pass-fail grade./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20618SD.97), which was tabled.
Amend the bill, as and if amended, by striking Section 59-39-101 of the 1976 Code as contained in SECTION 1 and inserting:
/"Section 59-39-101. (A) For the purpose of recognizing and rewarding outstanding performance and academic achievement on the part of public school students, each high school graduate who meets the requirements of this section beginning with the 1997-98 school year must be awarded a Superior Academic Achievement High School Diploma.
(B) In order to qualify for a Superior Academic Achievement High School Diploma a student shall complete at least twenty-four units as prescribed by the State Board of Education including:
(1) four units of English or language arts;
(2) four units of mathematics;
(3) four units of science;
(4) four units of social science or history, one unit of which must be U.S. History;
(5) two units of foreign or classical languages;
(6) one unit of computer science beginning with school year 1999-2000, and until school year 1999-2000, one additional elective unit must be completed instead of a unit in computer science;
(7) one unit of the arts or music, provided that a third unit of foreign or classical language may be substituted for this arts or music requirement;
(8) one unit of physical education or health; and
(9) three elective units.
(C) A student who receives a Superior Academic Achievement High School Diploma and attends a public or private South Carolina institution of higher learning or technical college whose main campus and headquarters are located in South Carolina shall receive a five hundred dollar scholarship from the State paid to the institution. The State Department of Education shall furnish the Palmetto Fellows Scholarship Program of the Commission on Higher Education with a list of those students each year who are awarded Superior Academic Achievement Diplomas. The Palmetto Fellows Scholarship Program shall then distribute the scholarship funds on behalf of such students at the appropriate institutions.
(D) The State Board of Education is authorized to promulgate regulations necessary for the implementation and administration of this section. These regulations shall include specific course requirements and may also establish alternatives to any area of study or course of study specified herein, provided that the adopted curriculum framework demonstrates that the alternative authorized is equivalent or more advanced.
(E) In order to qualify for a Superior Academic Achievement Diploma, a student must maintain a numerical grade average of 94 for grades 9-12."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER moved to table the amendment, which was agreed to.
Rep. PINCKNEY moved to adjourn debate upon the Bill.
Rep. HARRELL raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Reps. MILLER and HAWKINS proposed the following Amendment No. 7 (Doc Name P:\AMEND\GJK\20661JM.97), which was tabled.
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION to read:
/SECTION ______. Nothing contained in Section 50-11-940 of the 1976 Code shall be construed to be in conflict with the provisions or the intent of the Last Will and Testament of Belle W. Baruch, which last will and testament shall control with respect to the provisions of the Code section./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND moved to table the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 10, which was tabled.
Change 86 to 94.
Rep. ROBINSON explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 48 to 26.
Rep. STUART proposed the following Amendment No. 11, which was adopted.
Change 86 to 90.
Rep. STUART explained the amendment.
Rep. TOWNSEND spoke against the amendment and moved to table the amendment, which was not agreed to by a division vote of 26 to 43.
Rep. HARRELL spoke against the amendment.
Reps. STUART and ROBINSON spoke in favor of the amendment.
Rep. HARRELL spoke against the amendment.
Rep. ROBINSON spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. HARRELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Barrett Bauer Baxley Beck Boan Bowers Brown, H. Brown, J. Brown, T. Campsen Cato Cobb-Hunter Cromer Davenport Delleney Easterday Edge Fleming Gamble Harvin Hines, J. Hodges Howard Inabinett Jennings Keegan Kelley Kennedy Kirsh Knotts Koon Lanford Leach Limbaugh Lloyd Loftis Martin McCraw McKay McLeod McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Quinn Rice Robinson Sandifer Scott Seithel Simrill Smith, D. Smith, J. Stuart Townsend Tripp Vaughn Webb Wilder Witherspoon Woodrum Young
Those who voted in the negative are:
Allison Askins Battle Breeland Brown, G. Carnell Cave Chellis Clyburn Cotty Dantzler Govan Hamilton Harrell Harrison Hines, M. Hinson Kinon Klauber Law Limehouse Littlejohn Mack Maddox McMahand Rhoad Riser Sharpe Smith, F. Smith, R. Stille Walker Whatley Whipper Wilkins Young-Brickell
So, the amendment was adopted.
Rep. LOFTIS moved that the House recur to the morning hour.
Rep. HARRELL moved to table the motion, which was agreed to.
Rep. EASTERDAY proposed the following Amendment No. 13, which was tabled.
Maintain 90 overall numerical average or higher, and a SAT score in the national 60th percentile or higher.
Rep. EASTERDAY explained the amendment.
Rep. HOWARD moved to table the amendment, which was agreed to.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Govan Hamilton Harrell Harrison Harvin Hines, J. Hinson Hodges Howard Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Lanford Law Leach Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin McCraw McKay McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Quinn Rhoad Rice Riser Robinson Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stuart Townsend Tripp Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Hines, M. Pinckney
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. ROBINSON moved to reconsider the vote whereby H. 3828 was given a second reading and the motion was noted.
Rep. HOWARD moved that the House do now adjourn, which was adopted by a division vote of 63 to 31.
The Senate returned to the House with concurrence the following:
H. 4084 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE HONORABLE JAMES I. DAVIS, CLERK OF COURT FOR LEE COUNTY, ON THE OCCASION OF HIS SEVENTIETH BIRTHDAY.
H. 4086 -- Rep. McMahand: A CONCURRENT RESOLUTION TO COMMEND MR. CLARENCE O. JACKSON OF SIMPSONVILLE, SOUTH CAROLINA, UPON HIS ELECTION AS PRESIDENT OF THE STATE USHERS AUXILIARY OF BAPTIST EDUCATION MISSIONARY CONVENTION.
H. 4087 -- Reps. M. Hines, Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, 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, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING THE GREATER COLUMBIA
ALUMNI CHAPTER OF ALLEN UNIVERSITY ON ITS "FIRST FAMILY AND FRIENDS BANQUET", MAY 2, 1997, AND WELCOMING CONGRESSMAN FLOYD H. FLAKE OF NEW YORK, THE BANQUET'S GUEST SPEAKER AND DISTINGUISHED NATIONAL LEADER AND CHAMPION OF CAUSES FOR THE DISADVANTAGED.
H. 4091 -- Rep. Kennedy: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE REVEREND TERRANCE G. MACKEY, SR., PASTOR OF MT. ZION AFRICAN METHODIST EPISCOPAL CHURCH OF GREELEYVILLE WHICH BURNED JUNE 20, 1995, AND TO REFLECT UPON HIS TIRELESS EFFORTS TO BRING UNITY TO ALL PEOPLE.
H. 4092 -- Reps. Canty and Neal: A CONCURRENT RESOLUTION CONGRATULATING ST. PAUL A.M.E. CHURCH-SHAWFIELD ON ITS ONE HUNDRED NINETEENTH ANNIVERSARY.
H. 4096 -- Reps. Pinckney and Bowers: A CONCURRENT RESOLUTION CONGRATULATING THE LADY GATORS OF ESTILL HIGH SCHOOL OF HAMPTON COUNTY ON WINNING THE 1997 CLASS A STATE BASKETBALL CHAMPIONSHIP.
At 5:55 P.M. the House in accordance with the motion of Rep. WILKINS adjourned in memory of Rev. William C. Reid of Greenville, to meet at 10:00 A.M. tomorrow.
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