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:
Almighty and all-wise God, we rejoice that You are always near to minister to our needs: healing our heartaches, comforting our sorrows, forgiving our wrong doings. Set us free from everything that undermines our faith. Forbid that we should be content to walk on the lower level when You are calling us to lofty heights. May we feel always the undergirding right arm of God to give us strength, courage and wisdom as we keep our vision fixed on Him Who is invisible yet always nearer to us than breathing and closer to us than hands and feet.
To You, Lord God, we give unending gratitude and praise.
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. WHIPPER moved that when the House adjourns, it adjourn in memory of Thelma Lucas of Liberty Hill Section of North Charleston, which was agreed to.
TO: The Clerk of the Senate
The Clerk of the House
FROM: C. Tyrone Courtney, Chairman
Jt. Legislative Screening Committee to Review Candidates
for the SC Consumer Affairs Commission
DATE: May 6, 1997
In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
/s/Senator C. Tyrone Courtney, Chairman /s/Rep. George Bailey
/s/Senator Robert W. Hayes, Jr. /s/Rep. James N. Law
/s/Senator Glenn G. Reese /s/Rep. Teddy N. Trotter
/s/Senator Dick Elliott /s/Rep. Willie B. McMahand
The Screening Process
Pursuant to Act No. 119 of 1975 and Act. No. 181 of 1993, this Committee has considered the qualifications of candidates seeking election to the positions of the South Carolina Consumer Affairs Commission.
The Committee's report includes the Transcript of the Proceedings before the Screening Committee on April 30, 1997. The Transcript does not include all exhibits offered by candidates or witnesses at the hearing because of the length of some exhibits. Exhibits which are not reproduced as a part of the Transcript may be viewed in the Office of the Banking and Insurance Committee (Room 203 of the Gressette Building), since these exhibits were reviewed and considered by the Committee in making its findings.
CHAIRMAN: Good morning everyone. We'd like to welcome you all here this morning. I'm going to go ahead and open up our meeting. We have Senator Hayes with us from York County, Representative McMahand here also, who are on the Screening Committee. We have some other House members who are in other meetings this morning. Some of those will be coming and going, and so will my colleagues here, unfortunately I'll be here with you the whole time, so we'll try to get you in and out. These things don't take very long, but we do have to have a little information and background. What we're going to try to do is take about 10 minutes or so apiece individually and bring you in, and then after we question you, you'll be able to leave at that time. We'll do it alphabetically. We don't know any better way to do it than that. Hopefully, we're going to be able to get a report out sometime next week, maybe Tuesday or maybe Wednesday, but our staff will get in touch with you and let you know and you need to understand that you cannot seek commitments from any legislator until the report has been filed. But he will notify each one of you personally when that report is filed, and then from that point on you can call legislators and have friends call legislators, however you're going to manage your campaign, to ask for commitments for you. The election of course is on May 21st and so I guess that's pretty much the long and short of how the process works. We appreciate so much interest in this position. It's refreshing to see that we have so many qualified people who are interested in serving in consumer affairs in South Carolina, so we thank you for applying and wish each one of you good luck. And so what we'll do at this time is ask Mr. Carter ... he's the first one alphabetically ... to remain and ask the rest of you if you could to stand outside for a little bit. Those who are on farther down the list, if you want to run to the canteen or restroom or something, you certainly have plenty of time to do that. We'll try to not keep you any longer than we have to. Thank you. Mr. Carter, if you'll have a seat there.
MR. GRIFFIN: Okay, I guess Mr. Carter is not here. I'm Reese Griffin.
CHAIRMAN: Mr. Griffin?
MR. GRIFFIN: Yes.
CHAIRMAN: We'll double the questions on you then to make up for Mr. Carter.
MR. GRIFFIN - EXAMINATION BY THE CHAIRMAN:
Q: Mr. Griffin, we have a little bit of summary on each candidate of course and you've provided a lot of information for us. Generally I'd like to just hear from you a little bit about why you're interested in consumer affairs, you know, what brought your attention to it and so forth and just what you'd like to do in that position.
A: Okay, first of all I do have a strong love and commitment for the state of South Carolina. I'm a native Georgian, but my mother is a native South Carolinian and I've spent a good part of my life here as well as other places. So first of all, I do have a strong interest in the state and in the public affairs of the state.
Q: How long have you lived here?
A: I have currently been in Beaufort for five years. I lived in Spartanburg up until 1961 and then the family was relocated up north and then I returned here and have been in Beaufort since 1992.
Q: Well, Spartanburg's not a bad place to be from. I serving for Spartanburg, but ...
A: No, it's not, right. I really enjoyed living in Spartanburg. My dad was on the faculty at Wofford there.
Q: Oh, okay. How long did he teach there?
A: He taught there from '56 to '61.
Q: I graduated from Wofford College.
A: My interest in consumer affairs stems primarily I think from my experience as an educator. I have been an educator for approximately the last 18, 19 years. I have taught in public secondary schools, I have taught in private trade vocational schools and I'm currently an adjunct instructor at Technical College of the Lowcountry in Beaufort. I have taught a wide range of subjects, everything from ... my main area is automotive technology, but I've also taught history, psychology, reading and even home economics. Now, in home economics, part of the curriculum is consumer issues, is consumerism if you want to say, as how to deal with the marketplace and everything from food shopping to home shopping and all such as that. Also, in the automotive area, there's a good bit of consumer issues there. My research indicates that the Department of Consumer Protection in South Carolina, the last year that they had statistics available, which was fiscal year I believe '93-'94, almost 25 percent of their complaints, formal complaints and activities, were related to automotive issues. So I feel that probably my strongest contribution to the committee would be my knowledge of the automotive industry and also my interest that the image of the automotive industry is in need of some work and some improvement and would like to be able to participate in helping both consumers and businesses to work out some of those issues, and hopefully my expertise in that area would be a positive contribution to the commission.
Q: Well, no doubt about automotive industry has its share of consumer concerns anyway and certainly having an inside into that is not going to hurt you any. What do you feel like the role of the Consumer Affairs Commission is? How do you view it and where do you think you could help the state or the people of the state with in serving in that capacity?
A: The primary function I see is advice and consent to the legislature and to the Department of Consumer Affairs. Beyond that, again just I think ordinary citizens participating in government I believe is probably the key point there, that I am a consumer, I am a citizen. I'm not a professional politician or anything of that type, and as a citizen, I am interested in participating in government.
CHAIRMAN: Questions from the committee?
Q: Mr. Griffin, do you view your role there as being an advocate for the consumer or for industry or mutual or how would you see that?
A: I feel that I could provide a balanced consideration. Obviously I am a consumer, as are we all, and therefore from the consumer's point of view, I would have some input, but I have worked and am currently working in private industry and I am aware of the importance of business and industry in the economic growth and development of the state, so I feel that I could look upon issues and look upon questions with a balanced approach, both from the consumer's point of view and from the point of view of business and industry.
Q: Do you have any questions of us?
A: No, sir, not at the moment.
Q: Any questions for staff?
MR. BELL: I would just ask you, has there been any change in circumstances since you've filed your economic interest statement or filled out your personal questionnaire that you'd like to disclose at this time?
A: No, there has not.
MR. BELL: Thank you, sir.
Q: Mr. Griffin, I'm an attorney and claim that I practice law, but I forgot to swear you or have you sworn before you testified, so I'm going to ask the staff to swear you at this time and just ask you to affirm that everything that you've told us has been the truth if you would do that, James. I'm sorry.
MR. BELL: Do you affirm that everything that you have testified to the committee today is the truth, the whole truth and nothing but the truth so help you God?
A: I do.
MR. BELL: Thank you, sir.
Q: Well, if there are no other questions, we appreciate you coming and you're certainly very well-prepared it looks like. You have a great background. Your educational background looks very good and you have a lot of points I think that would be of interest to the legislature, senators and the House members. And like I said, we have nine people so we're kind of bringing them in and out. I don't want you to take how much time you have in here with us, if you consider it a little bit of time or a whole lot of time, to mean anything at all. We simply find whether you're qualified to run or not. We don't really make any recommendation to the legislature at all as to who is the best candidate or anything like that. We'll simply find you qualified or unqualified and then you're on your own as far as that goes. Senator York?
SENATOR HAYES: Your schedule is such that you wouldn't have any trouble attending meetings? You're flexible enough that you can attend?
A: I should have no ... they're generally evening meetings or afternoon meetings. I do have ... I have a very flexible schedule in my current position. My primary function ... I'm with Two Stroke International Engine Company. I am supervisor of the technical publications and I'm in and out all kinds of odd hours. I mean I could go in at 2:00 a.m. on Sunday morning and get my work done, so I am very flexible and my employer is very flexible, so I do not perceive any problems in attending meetings.
Q: All right, Mr. Griffin. Thank you very much and you're free to leave, and as I said, we'll try to have this report out sometime about the middle of next week. The staff will be in touch with you personally. I'm sure they have the information how to get in touch with you.
A: Yes.
Q: Once you receive the information that it has been filed, you're free then to contact legislators and seek commitments.
A: Okay, thank you very much.
Q: Not until that time. Thank you.
CHAIRMAN: Mr. Henderson, I want to thank you again for coming and thank you for your interest. Consumer Affairs is certainly an important agency here in South Carolina because it represents the consumers in this state and its problems that they may have because it's kind of the little guy sometimes against the big guys and they're not on equal footing sometimes and this agency does a great job and the consumer advocate does a great job in representing them before the legislature also in the legislation that we consider. Before we start ... we're just going to have a few questions, it won't take very long ... but we would like to put you under oath before we begin.
MR. LANDRUM H. HENDERSON, JR., having been duly sworn, testifies as follows:
MR. HENDERSON - EXAMINATION BY THE CHAIRMAN:
Q: Mr. Henderson, to begin with, just tell us a little bit about how you got interested in the Consumer Affairs position and why you feel like you'd like to serve in that capacity.
A: Okay. Of course, I saw the announcement in The State paper and I've always liked to try to be involved anyplace I've lived. I've moved around a lot in my job in a management and financial services business. But I'm a South Carolina native and hopefully I know I'm going to be here now until I retire in the next 15 or 20 years, so I want to get even more involved deeper. But I have dealt with consumers my whole 23 years in my career in the financial services industry. I was at first a stockbroker for seven years. The last 16 years I have been in management. My job is to train and manage people to make sure that our clients, which are our consumers, are treated fairly in every way, shape and form, and their needs and what is best for that client is always kept in the forefront, before the brokers. Also, I'm an NASD arbitrator which is very similar to what we're talking about right now. An NASD arbitrator is the National Association of Security Dealers. When a client, a consumer, has a complaint against a financial services industry representative ... could be a brokerage firm, a bank or whatever ... felt like they have not been treated fairly, they bring it before a panel and the panel consists of two outside people ... it could be a lawyer and some other person of another industry ... plus the industry representative. Me, I of course would be the industry representative. And that committee is really designed to protect the consumer, at least hear the complaint and make sure they have been treated fairly; if they've not been treated fairly, make sure they are awarded the proper amount of monies that make them whole.
Q: How long have you been doing that?
A: I have been an NASD arbitrator for about two years now.
Q: Have you heard many cases?
A: Just two so far, yes, sir. I've been to a lot of training, but only two cases.
Q: Well, that's good. I mean not any complaints apparently. How do you feel that you can help the state in the role of consumer affairs? What do you see your role as being?
A: My role as I see it if I was on the Consumer Affairs Commission is to make sure the consumer is protected from like, as you said, the big guy versus the little guy, because about in every case, the consumer ... in all cases is only the little person, not the big person. My job would be to make sure if they're not treated fairly, that it's remedied, and the person who had not treated them fairly would be dealt with accordingly. A consumer can be misled in many ways as we all know by television, newspaper ads and now the internet and things of that nature. It's gotten even bigger.
Q: Did you become interested on your own? I mean you just happened to see that this position had come available or did anyone encourage you to do it?
A: No, sir, I saw it in the paper on my own, yes, sir.
CHAIRMAN: Questions from committee members?
SENATOR HAYES: Other than just what you've told us, do you have any other knowledge of the Department of Consumer Affairs or any agenda for what needs to be done?
A: Now, I know what their job is. Department of Consumer Affairs of course regulates anyone in the consumer credit industry and of course enforces the Consumer Protection Code. They're also the public advocate in hearings for regulatory agencies for control as you well know the utilities. They represent the public there. They are involved in licensing of pawn brokers, loan brokers, sport fitness centers, sports agents, long-term care facilities, staff leasing. I mean to me they cover a big gamut of what goes on in everyday life in this state.
SENATOR HAYES: Do you have an agenda on anything that needs to be done as far as what's not being done or anything of that sort?
A: Not that I'm particularly aware at this time, no, sir.
SENATOR MCMAHAND: Let me ask you, Mr. Henderson, what about your work schedule? Do you think you'll be able to meet the meetings without any problems?
A: Yes, sir, my schedule is fairly flexible. I'm a district director for Financial Securities, and where I serve as now, I am housed here and live here and work here day to day in Columbia, in fact right down the street here. I travel around to some of my other offices in the state and a couple in Georgia more or less at my convenience or when they may necessarily need something for me to be there for, so my schedule is very, very, very flexible, yes, sir. If I didn't feel like I could make not just most of the meetings, all of the meetings, I wouldn't put my name in the hat because if you can't be there, you don't need to be on the committee in my opinion.
Q: Mr. Henderson, tell us a little bit about your relationship with the Treasurer's Office, unclaimed securities and so forth if you would.
A: Yes, sir. The Treasurer's Office a few months back just ... I went out to all these securities and banks about the unclaimed properties division. They would have a lot of securities that would be claimed and some unclaimed, but the ones claimed ... say something that you owned and you saw your name in the paper, they need some broker transfer agent to take that security and re-register it in your name and ship it out to them, and that's basically what we're doing. They find someone that claims a security, they bring it over to our office, my operations department re-registers and ships it out to that person. There would be a point in time unclaimed securities, which just are not unclaimed, I guess after what, a three-year period ... is that what it is, I think? They would dispose those securities, sell the securities, which they would do through my office and we would issue checks to the state.
Q: Is it only your office that handles those for the Treasurer's Office?
A: Yes, sir.
Q: How do you get that contract? Is that by bid?
A: One of my financial advisors, Fred Quattlebaum, actually put a proposal. It wasn't actually a bid, I guess you could call it a bid, but it's a proposal that was quite extent to the state as did most all firms in the city and they chose us.
Q: Do you have any questions?
A: I don't believe so. I think I've read enough. I think they meet once a month normally. Could be more than that as far as the commission. I've read a lot about what type of involvement they have been in and it seems to be very, very, very interesting. And I was listening a little while back, you said that it would be announced next Tuesday or Wednesday and the election on May 21st?
Q: What we'll do, and I tell each candidate, we don't recommend anyone. All we do is either find you qualified or unqualified to run for the position.
A: Right.
Q: And so we will make that decision and I'm sure for most people there's not going to be a problem as far as being qualified, and then we'll hopefully have the report out next Tuesday or Wednesday. The staff will call you personally and tell you that it has been filed, and as soon as you hear that, you're able to call legislators and seek commitments for yourself at that time. You cannot do that until that is filed and you're notified of that. That will get you in trouble.
A: Yes, sir.
Q: But we'll call you just as soon as that's done. I would approximate that to be probably Wednesday.
A: Middle of next week, all right, sir. And the election is the 21st ...
Q: 21st.
A: ... of May, okay. All right, sir.
Q: Again, I just want to thank you for your interest. It's good to see this number of people interested, and not only that, but there's a number of very qualified people. What I've seen so far is good qualified people with good backgrounds and all and we just appreciate you being here and having the interest that you do.
A: Well, I appreciate the committee's time and thank you a lot.
Q: Thank you, Mr. Henderson.
A: You have a good day.
Q: You too.
CHAIRMAN: Mr. MacInnis?
MR. MACINNIS: Yes, sir, good morning.
CHAIRMAN: Good morning. Have a seat there, please. Before we begin, we do need to put you under oath, so I'll ask you to raise your hand and the court reporter will swear you.
B.J. MACINNIS, having been duly sworn and testified as follows:
MR. MACINNIS - EXAMINATION BY THE CHAIRMAN:
Q: Mr. MacInnis, again we appreciate your interest in this position. I appreciate you taking the time to come here and offer your time to serve the state of South Carolina. It's an important position. Before we really ask you any real questions about it, we'd just like to hear from you why you became interested in the position and what you feel your role would be serving on the Consumer Affairs Commission.
A: I became aware of the position through a friend who had seen I think an article in The State newspaper. I had expressed over the last few years some desire to work in the public sector. I've had a real supportive company that I have left and retired from just recently, very supportive of our work with charities, etcetera, but I didn't have an opportunity to get into the public sector, and when this became available, I decided that that was a good time to go ahead and try to see if I could have an opportunity to serve and to represent the public.
Q: What do you think would be your role? If you're elected to serve on the commission, what would be your role on that?
A: I have a great deal of background in the management and team- building efforts that we did within the company that I retired from. I think that I would be able to offer a lot there. I'd also be able to offer a statewide approach because I've dealt with and served our constituents, our customers from South Carolina Pipeline in 44 of the 46 counties of the state.
Q: What do you see the Consumer Affairs agency ... what does it do? Why do we even have it?
A: Well, I think that the commission on the policy-making and that authority that is granted to the commission to then go to the Department of Consumer Affairs is to protect the public, to provide the public with reasonable assurance that the goods and services that they purchase in the state are safe and are able to be used by them.
Q: Did anything happen to you personally that made you want to do this? I mean you're not mad at any company or anything like that that's happened?
A: No, sir.
CHAIRMAN: Does the committee have any questions to ask?
SENATOR HAYES: You are retired now from SCANA?
A: Yes, sir. It was one of the SCANA subsidiaries.
SENATOR HAYES: Other than what you've told us, do you have any agenda as far as what you think should be done or shouldn't be done by Department of Consumer Affairs?
A: Well, I think just from the ... I have knowledge of the Department of Consumer Affairs through the Public Service Commission, the CA's office, with their work down at the Public Service Commission. I think that from my limited knowledge that I would like to see the CA a little bit more visible and I'd like to see them involved in a few more things.
SENATOR HAYES: I have just one other question. Being retired, you wouldn't have any trouble attending the meetings I don't believe?
A: No, sir. That's why again, just to be able to have that time.
CHAIRMAN: Any other questions from the committee?
SENATOR HAYES: I notice you flew helicopters, is that right?
A: Yes, sir.
SENATOR HAYES: Did you do that for your work?
A: Well, after I got out of the service, I took helicopter lessons locally in Saluda, South Carolina, and then John Warren, who was president of the company, decided that we needed a helicopter to patrol the right of way and over 1700 miles of high-pressure line in the state, and in 1973, the company bought the first. When I left, we had four helicopters. I got to fly it for about three and a half years and then in a limited basis until I retired, a very enjoyable part of my work.
SENATOR HAYES: Most people who fly fly fixed wing. You don't see a lot of helicopters outside the military.
A: Yes, sir, that's correct.
Q: Have you ever had any contact at all with Consumer Affairs?
A: Only through ... and at that time, it was Mr. Hamm at the Public Service Commission, and it was not a direct contact. I was in the operations side of it, not in the rates or any side that would be on the Public Service Commission other than from the safety issue.
Q: Do you have any questions you would like to ask the committee?
A: No, sir.
Q: Well, again we appreciate your interest, and frankly, including yourself, I'm really impressed with the quality of the people that have shown interest in this position.
A: Thank you.
Q: We had nine people apply and they seem to be very qualified and very interested in the position for the right reasons. So what we will do is make a finding of either qualified or unqualified. We don't actually make a recommendation of any one candidate or anything like that at all.
A: Yes, sir.
Q: So we'll make that finding and hopefully we'll have that report filed about Wednesday of next week. As soon as that is done, the staff here will get in touch with you personally and let you know, and at that time you are able to contact legislators for commitments to vote for you. You cannot do that until you're notified that the report has been filed.
A: I understand, yes, sir.
Q: And other than that, we again thank you for coming and we'll be in touch as soon as that has been filed.
A: Thank you. I appreciate everybody's time this morning.
MR. MAYRANT: Good morning.
CHAIRMAN: Mr. Mayrant, how are you doing today?
MR. MAYRANT: Fine, thank you.
CHAIRMAN: Good. Do you pronounce your last name Mayrant?
MR. MAYRANT: Mayrant, that's correct.
CHAIRMAN: Before we begin, Mr. Mayrant, I'm going to ask you to raise your right hand and let our reporter here swear you under oath.
LOUIS MAYRANT, JR., having been duly sworn and testified as follows:
MR. MAYRANT - EXAMINATION BY THE CHAIRMAN:
Q: Mr. Mayrant, thank you again for coming. We have been really impressed so far and continue to be that we have so many really qualified people seeking this position. It is refreshing to see that and we appreciate you coming and your interest in it. And just to being with, we'd just like to hear a little bit from you about why you're interested in this position, how you became interested in it and what you feel like you can do, how you can help the state of South Carolina serving as a member of the commission.
A: I became interested in this position because I've been working in the field. I've worked in several different areas. I've been a consumer all my life. I've also been in the management and the retail business and I've been in the education department and I feel that I can serve well because I can really add something to the department. I believe in education and I feel like this is a helping profession and that's what I'm doing. I'm getting my master's in counseling education at South Carolina State University at present and I feel with the knowledge and the experience and the background that I'm going through that I can be a very great asset to this department. As I said, the department is concerned with helping people, serving the consumer, and trying to encourage fairness among the consumer at the same time with the merchants. And I've been in the merchant position also a merchant and I feel that I could bridge that little gap between there to make a better relationship, make my community better, the state, and the country a better country.
Q: Well, it's important that anyone serving in this position have an understanding of course of what consumers undergo and the kind of problems that they encounter out there sometimes when they are treated unfairly or at least they feel they're treated unfairly and so forth. But having a knowledge of what the merchant sees also is important, so that's good that you have a perspective from both sides. What do you see the role of the commission to be though? Do you see it as a consumer protector or do you see it as a neutral type of relationship or how do you view that?
A: Well, I view ... the consumer commission's job is to really look at all aspects of it, to really evaluate, to review and pass the decision on certain aspects of, you know, what's going on with the consumers out there. Otherwise, you have to really diagnose the problem first, not take side with either one to say, you know, this person is incorrect or either the merchant is always wrong. You have to really balance and weigh both sides and come up with a reasonable answer, you know, that will be comfortable for everybody because we want to make our state a better state, better community.
CHAIRMAN: Questions from the committee?
SENATOR MCMAHAND: I have one, I guess, and that relates to meeting the meetings.
A: Meetings what?
SENATOR MCMAHAND: Meeting the meetings, your schedule. Can you meet whenever the commission is going to meet?
A: Yes, sir, I have no problem with that. I basically work with a membership organization and we work by appointments and most of them are in the evening time, you know, when people are home, so it's not an eight to five job. I have a lot of free time and I can basically work my schedule anyway I want to.
Q: Mr. Mayrant, we've asked the others the same question. Do you have anything that's happened to you that maybe gives you any ax to grind or anything like that, anything bad that you feel has happened to you that would make you interested in the position other than just wanting to serve?
A: I haven't had anything bad happen to me that, you know, really prompted me to seek this position. I think that as a citizen of America, I'm very interested in helping. I'm very interested to see that we have a better community, a better state, and when you are a go-getter or a leader, then you can't sit back and just hold your hands, so I'm very motivated and I feel with this position I could help a lot of people; not only help, but try to bridge the gap between both aspects of it.
CHAIRMAN: Any other questions?
Q: Well, again, I want to thank you for your interest, and every time somebody comes in I'm just like a broken record, but we're just really impressed with the quality of the people that have applied for this position and we're glad to see that we have some really quality people that are interested. And what we do, our role is not to recommend any one person or persons for the position. We simply make findings of whether you are qualified to seek the position or not and we'll do that hopefully by Wednesday of next week. Until that time, you cannot seek commitments from any legislators. That would be a violation of the rules. But hopefully we'll have that done about Wednesday and the staff will contact you personally to tell you that the report has been filed, and then once it is, you're free then to contact any senator or House member to seek that commitment for you. And we just wish you the best of luck and again thank you that you're willing to give your time to this, because serving in a position like this is an honor, but I assure you it's a great responsibility and it does take sacrifice in serving if you do it right. But we want to thank you for coming and thank you for your interest and we'll get in touch with you sometime about the middle of next week.
A: I thank you all for really considering me for this position. Thank you all. You all have a good day.
CHAIRMAN: Mr. Powell?
MR. POWELL: Yes.
CHAIRMAN: How are you doing, sir?
MR. POWELL: Fine. You?
CHAIRMAN: Good, thank you. Before we begin, I'm going to ask our court reporter to put you under oath and so if you will, just face her and raise your right hand, please.
AUBREY L. POWELL, having been duly sworn and testified as follows:
MR. POWELL - EXAMINATION BY THE CHAIRMAN:
Q: Mr. Powell, we appreciate you coming today and we appreciate your interest in this position and your willingness to serve and give your time. I see on your summary here that you graduated from Limestone College?
A: Correct.
Q: Is that through an outreach type program of some kind?
A: They had a course in Columbia. They taught in Columbia through the university and I've got an associate's degree from Midlands Tech.
Q: Well, I went to Limestone one summer school when I first got out of high school is the reason I ask and I grew up in Gaffney where Limestone is located.
A: Got a beautiful campus up there.
Q: Tell us a little bit about how you became interested in this position and why you'd like to serve?
A: Well, I've been a consumer for a long time and I have ... I think we all think that there's something that can be done better. Being consumers, we often have complaints. There are good things and bad points and I think since I retired three and a half years ago, I've been wanting to serve the county and the state and city where I live, you know, in a better capacity. I was an unsuccessful candidate for Lexington County School Board Five last year and that intrigued my interest in government affairs, and I've served on several committees and so forth for the school district and I'm a volunteer in a number of organizations. This is where I've spent most of my time since I retired, in volunteering where I think I can be most effective.
Q: You worked for the South Carolina Tax Commission for several years?
A: Correct.
Q: What was your position there?
A: I was an auditor supervisor and handled a lot of taxpayers' problems, complaints, questions and so forth. This is what I did most of the years.
Q: Taxpayer complaints?
A: Right.
Q: Resolving problems they had, that kind of thing?
A: Correct.
Q: What would you see your role as being as a member of the commission?
A: An advocate for justice, a person that could in my own unique way try to solve some of the situations that might arise to try to be a ... try to resolve things that are problems for people. And we often have complaints and so forth that we think are complaints and they can be resolved by mediation, by sitting down and talking or by some other means rather than going to legal ramifications.
Q: Have you ever had any contact with the consumer advocate in the past?
A: I've filed a few complaints, some successful and in my favor, and some against me, so ...
Q: What kind of complaints just in general?
A: Just minor complaints whenever I felt I'd been done an injustice. And I had a big complaint which settled in the other person's favor, which I still think I was right with a Columbia business and I think they're paying the price of it now because, you know, the things I said was true and it's proven to be true by the way they treat customers now.
Q: How long has it been since you've had a complaint with the commission?
A: About four years.
Q: Would you mind describing what you felt like and how you were treated and so forth when those complaints were filed?
A: I bought a computer from a local business and they did not live up to the warranty. They said certain things about, you know, taking the computer apart and having it repaired. They didn't want at that time to even look at the machine and the parts which they manufactured were not new parts, they were used parts by other people have told me since then, and it is a business that I would have no dealings with today.
Q: But I mean what I was asking you is as far as your dealings with the consumer advocate.
A: Oh, very good. I found the people to be very helpful, very willing to assist you in any way possible and I found the people ... although, you know, all the things I've ... few I've filed have not been in my favor, I appreciated the action. And for the people of South Carolina to have such a committee or commission on this type of thing for the consumer and also for the public I think is very important and I think we are miles above others, other states that I've seen and heard.
CHAIRMAN: Questions from the committee or staff?
Q: Mr. Powell, you are retired, so I assume you have available time and all?
A: Yes, and I'm one of those people that have to keep out of my wife's way so that I can continue to live.
Q: She's pulling for you real strongly I assume then?
A: Yes.
Q: Well, again, we just want to thank you that you are interested in the position and tell you how impressed we are so far with the people that we've seen, that we have such quality people that are interested. Of course, as of right now, you cannot seek commitments from any legislator.
A: You cannot?
Q: You cannot. You can't do that until the report has been filed and that should be done about Wednesday of next week. Once it is filed, the staff will call you personally to tell you that it is filed and that you are free at that time to seek commitments. It's all right to send out information and so forth, but you cannot actually ask for anybody to vote or anybody to commit to help you in any way as far as a legislator goes.
A: I'm glad you told me that because I was getting ready to start on it today.
Q: No, sir, you would be in violation of the rules and that would get you in trouble. We hopefully will have this out though Wednesday of next week and then the election is not until the 21st, so that will give you two weeks. Everybody will be on legal ground at that point as far as seeking commitments and all, so as soon as we make that decision, we'll contact you as I said and let you know and then you're free to start doing that. Our role in this is not to pick who we think is the best candidate or anything like that at all. We don't make a recommendation to the legislature. We simply either find you qualified to run for the position or unqualified, and then once we make that decision, we file it and we notify you on that point. So you should hear from us probably Wednesday of next week, okay? Do you have any questions?
A: No. I would enjoy serving on this committee and whether I'm selected or not, I thank you for the opportunity to come here today and I look forward to serving.
Q: We do appreciate you coming and you being willing to serve and we wish you the best of luck.
A: Thank you.
CHAIRMAN: Mr. Preston?
MR. PRESTON: Yes, sir.
CHAIRMAN: How are you doing, sir?
MR. PRESTON: Real good.
CHAIRMAN: Good. Have a seat there, make yourself comfortable. Before we begin, we need to place you under oath, so I'll ask you to face the court reporter there and she'll swear you in.
MR. PRESTON: Do I need to stand?
CHAIRMAN: No, you can just sit will be fine.
WILLIAM RAY PRESTON, having been duly sworn and testified as follows:
MR. PRESTON - EXAMINATION BY THE CHAIRMAN:
Q: Mr. Preston, these people here are going to get tired of hearing me say it, but I want to tell you that we're really impressed so far with the quality of people that are interested in this position and we appreciate your interest in this position and the willingness to serve and the background that we see in your summary here. We'd really like to hear from you a little bit about how you became interested in the position and why you would like to serve.
A: I stumbled onto it actually in the newspaper. I saw it in there and I had an interest to be of service to the public and I actually thought that the Consumer Affairs Commission would be a good avenue for me given my background. I have 18 years experience in insurance, sales and underwriting and I deal with the general public on a daily basis. So I thought that given the two, they would go good together and it would give me that opportunity to do that public service that I wanted to do.
Q: How do you feel you would contribute? What do you see the role of the commission being?
A: I see it being a consumer advocate. I see it where the consumer is coming to the commission as a last ditch effort to make something right that they feel was done wrong, either in a service or a product that they were involved in. I see the commission trying to set some examples of how they feel things should be handled with the consumer, maintaining the high quality of life in South Carolina based on maintaining a high moral business attitude.
Q: It sounds like you see it as being consumer-oriented, your position there.
A: I see it as a two-way street. I see it as it's got to be for business, too. So in answer to your question, no, it would be both ways.
Q: I notice in your summary that you have worked with the volunteer fire department. Where was that?
A: That was in Illinois.
Q: I was mayor of a town for about 10 years and I worked with the volunteer fire department, good and bad, but tell me a little bit about that.
A: My exposure there was a small town outside the city that I actually lived in and basically it was brush fires, small house fires. There was nothing of any ...
Q: But you were an actual volunteer fireman?
A: I was an actual volunteer fireman?
Q: I really respect people who do that and that's a real commitment and a lot of sacrifice and of course exposure and I appreciate that in a person that does that. My department, of course they didn't understand sometimes why we didn't have the money to build new buildings and buy three or four new trucks and all that from time to time, but we got along well and they did a great job. But I do respect people who are willing to donate their time like that for that. Do you have any questions from us?
A: No, I don't.
Q: What we're doing of course is not trying to make a determination as to who the best candidate is or anything like that. That's not our role. We simply find you qualified to run for the position or unqualified. Once we make that finding and file that, then you're free to seek commitments from members of the Senate and members of the House to vote for you. You cannot do that until that report has been filed. That would be a violation of the rules, okay?
A: Okay.
Q: So we will hopefully have that out about the middle of next week. We're looking at Wednesday we hope, but we will call you. Either James here or some member of the staff will call you to tell you that the report has been filed, and then once it has, then you're free to call and seek commitments at that time.
A: Okay.
Q: Again, thanks for your interest.
A: Thank you.
CHAIRMAN: Do you have any questions, Mr. McMahand?
MR. MCMAHAND: No.
Q: And we wish you the best of luck and just appreciate you willing to offer for the position.
A: Thank you.
CHAIRMAN: Mrs. Ross?
MRS. ROSS: Yes.
CHAIRMAN: Have a seat there and make yourself comfortable. How are you doing this morning?
MRS. ROSS: Fine. How are you?
CHAIRMAN: Good. Thank you for coming this morning.
MRS. ROSS: Sure.
CHAIRMAN: Before we begin, this won't take long and it won't hurt. We'd just like to put you under oath, so if you will face the court reporter, she'll administer the oath to you.
KATHY KERN ROSS, having been duly sworn and testified as follows:
MRS. ROSS - EXAMINATION BY THE CHAIRMAN:
Q: Mrs. Ross, I think I have told everyone so far how impressed we are with the quality of the applicants. It's refreshing to see people with the backgrounds that each of you so far have had and such an interest in this position, and I think every candidate has had either a master's degree or is working on one and that's good to see and we're happy to see that. So thank you for being willing to serve and being willing to dedicate your time because it is a sacrifice. Before we ask you any real questions, would you tell us a little bit about how you became interested in the position and why you want to submit to that sacrifice?
A: Well, throughout my adult life I've always had a strong interest in consumer affairs. I try to become educated in things in that area. I believe in education of the consumer and also the empowerment of the consumer to excel in the area of consumer affairs. I believe that I'm an organized person and a detail-oriented person, so I think as far as the committee goes, I would be able to serve and be very successful in that position. And I'm just a regular citizen; not that anybody isn't, but I'm just an average person and I can bring my background and my experiences and shed some light maybe where other people haven't seen.
Q: Well, you're obviously a very bright person, a 3.8 GPA in your MA degree I think is very impressive. You are it looks like in the fine arts area of entertainment or theater or what are you ...
A: Currently I am the president of Kaleidoscope Entertainment, Incorporated. It's an entertainment company. We book entertainers for colleges, for their student activities around the country as well as for local corporations and company picnics, things like that. We book entertainers for conventions, lectures, things like that.
Q: That's here in Columbia?
A: Here in Columbia, yes. It's a home office, actually, which is another aspect I think would enlighten the committee somewhat, is somebody that's working out of their home now. I think that's an emerging area. I also believe strongly in volunteering your time for your community and giving back to your community and I feel that it's important for everybody in the community to do that and I'm able at this time to dedicate my time and my energies and my efforts towards that.
Q: That was a question that was going to be coming up in a minute is how flexible is your work schedule so that you can make meetings and so forth.
A: Very flexible. I run my own company, so I don't have to ask for time off. I set my own calendar. I don't have a problem with traveling if that needs be. I have no children and, you know, I can pretty much set my schedule and do what needs to be done.
Q: You've been active in Big Brothers/Big Sisters?
A: Yes.
Q: How did you get involved in that?
A: I started actually back when I was in college and I started volunteering my time for that.
Q: Two of my daughters are involved in that. It's a good program. And I see you've got a CPR, Red Cross Lifesaving and so forth?
A: Yes.
Q: What brought that?
A: I've been doing that since high school actually. I started as a lifeguard when I was 16 and I was working full time after school at the local Y and I continued through my college years. I was a lifeguard throughout college and then I actually ... my summers during college and actually graduate school, I was the waterfront director for a camp in the Berkshire mountains of Massachusetts. And it was a 200 acre lake, it was an all-boys camp, and I was the waterfront director and it was a wonderful experience.
Q: How long have you been in South Carolina now?
A: Exactly four years in March.
Q: Gotten acclimated okay?
A: Yeah, I really like it.
Q: You haven't gotten the accent quite yet.
A: No, no.
Q: Do you have any questions about what you will be doing and so forth?
A: I actually had sent away for the government to get the Consumer Affair booklet and received that and I've been reading up on that and it's very enlightening. I understand that we would come to meetings about once a month, is that correct, and work closely with your representatives, is that true?
A: Well, you work with the consumer advocate and certainly set policy and so forth there, and he meets with different committees of the legislature and provides information and we review that.
Q: Do they directly handle concerns that consumers have had, any complaints or things like that?
A: The agency does and of course your role would not be directly involved in that, although you may from time to time hear from a citizen that has a particular problem. They may call upon you. That happens to us sometimes, you know, too, but it's not our direct responsibility. But it sounds like you're flexible enough that you can make meetings if they're called out of schedule and so forth?
A: Yes.
Q: Have you ever had any contact with the consumer advocate in the past?
A: No.
Q: And no complaints or anything against the agency?
A: No.
Q: Had nothing happen personally that you have an ax to grind against any particular company or anything like that?
A: No.
Q: Just interested in serving?
A: Yes.
CHAIRMAN: Any other questions from the committee?
Q: Mrs. Ross, again, and I mean this sincerely, we appreciate that you are willing to serve. We appreciate the quality of people that we have that are interested here today. I just want to kind of reiterate to you that you cannot seek commitments at this time for the position. You can't do that until our findings are made and are filed. Our role is not to recommend anyone for the position. We simply find you qualified to run for the position or unqualified and we'll make that finding probably by Wednesday and file that report. When we file that, our staff here will contact you personally to tell you that it has been filed, and at that time you're free to contact senators and House members and to seek commitments for the position, okay? Don't do that until then. Don't want to get you in any trouble, okay?
A: Well, I appreciate your time and my consideration.
Q: Thank you again for coming. We appreciate it.
CHAIRMAN: Mr. Skipper, have a seat there and make yourself at home, sir.
MR. SKIPPER: Thank you.
CHAIRMAN: Before we begin, we need to place you under oath, so I'm going to ask you to face the court reporter and she'll put you under oath, please.
RONALD G. SKIPPER, having been duly sworn and testified as follows:
MR. SKIPPER - EXAMINATION BY THE CHAIRMAN:
Q: Mr. Skipper, this is no new role for you. You've been serving now for about two years I guess and you've been through the process, so you know what our role is and so forth. I guess since you have already been in the position, we'd just like to hear a little bit from you about what kind of job you think the commission is doing and the consumer advocate is doing.
A: During my first year, the advocate was elected by the commissioners, Mr. Phil Porter, and he has done an outstanding job, but I look at it as a team. There is Mr. Phil Porter and Mr. Herbert Walker. I think they together make that agency progress further, a lot further than what it's ever been. I have really enjoyed it. I look forward to going back in. The commission has made great headway in exposure in the lower state that I've had a part ... had the privilege of participating in getting that exposure of Consumer Affairs in the lower state.
Q: What is the role of the consumer advocate in your opinion?
A: The consumer advocate is the voice of the people in opposing or supporting private industry or utilities. Anything that would be contrary or detrimental to the consumers, the advocate is the voice of the consumer before the Public Service Commission. They speak in behalf of the consumers and the attorneys speak in behalf of, for instance, CP&L on a rate increase. If the Consumer Affairs Department feels that it's an unjustified increase, then our advocate would go over before the public service commission at a hearing and be the voice of the people.
Q: What is your role as a member of the commission?
A: As a commissioner, we receive reports, monthly reports from the staff of the Department of Consumer Affairs and we set policy that the staff implements. We get involved in decision-making when it comes to whether we're going to extend our support or extend our point of view in behalf of the consumers on a particular issue. That is a monthly meeting and that's where the decisions are made at.
Q: Do you see any areas that you think that the agency could improve?
A: With funding, there is great opportunity for improvement.
Q: If there were more funding, what kinds of things do you feel are needed to be done?
A: More staff. I have seen over the last three years the large increase of complaints by consumers across the state and they're still operating at the staff that they had as of five years ago.
Q: Are you seeing any particular pattern of complaints or area of complaints?
A: Yes.
Q: What are those?
A: The most complaint month after month over the last three years has been with auto dealers. The second highest category is with financial institutions.
Q: Automobile dealers in that the car didn't work like they claim it should have or something?
A: Well, it covers from automobile dealers to automotive mechanics to rentals, anything to do with automotive. There's complaints about rental agreements, there's complaints ... since they got the lemon law passed, there's been an increase in that as the consumers become aware that they are protected under the lemon law and we're very thankful that the legislators passed that law. The second highest category is financial institutions and normally that has to do with interest rates. But we're seeing right now this year, and I know that you've seen it in the Columbia area, where you have these loan brokers. They are called car title loans. That's kind of getting around what the purpose of the automotive loan is for. People will take their title to the car and they don't actually take a lien against it, but they hold the title and they loan these people money. That is not entirely the correct way to do it and we are looking at that right now. As of our last meeting, we have seen 12 of these type of businesses pop up in this area, and in my area I have counted five, and they're springing up like overnight.
Q: So they're making personal loans and they just hold the title to the car?
A: It's like a personal loan, but they're holding the title. There's no lien taken against it because, you know, if a lien is taken against it, then the person has to get collision insurance to protect the lender. They're getting around that particular issue and we're looking at it to see if that is a fair business transaction for the consumer. We're looking at that real strong right now. I see the commission as the voice of the people and by the people for the people, and to serve on it you really have to be concerned. And when I stood before you three years ago, I shared with you my concerns on the local level, my involvement in my community and all, and I have still emphasized that and I have expanded that to a state level by serving as a commissioner on this board. Hartsville as you know was elected an All-America City just last year. I had help in that also. I worked closely with Mike Baxley, Denny Nelson, Jessie Hines and Ed Saleeby, my state senator, in getting the word out so to speak to the people in the greater Pee Dee area. I try to serve all the people of the state, but if I can be an impact locally, I do that. We have five newspapers right now that run my monthly article and it's just a very small article, but it states what the Commission on Consumer Affairs has done for the previous month. It tells them how many complaints were filed and it tells the consumers how many of them were resolved satisfactorily to the consumer's benefit and it tells them how much money was collected and then we give them a little tip of the month.
Q: Well, that's commendable and we appreciate you making that effort.
CHAIRMAN: Any questions from the committee?
Q: Mr. Skipper, we appreciate the service that you've given and your willingness to continue to serve. As you know, we don't make any recommendations or anything. We simply find you qualified to run again for the position or not. We hope to have that out and filed by next Wednesday, and as you know also, you cannot seek any commitments at this time until that is actually filed. As soon as it is filed, we will be in touch with you personally to tell you that it has been filed, and then of course you may contact the senators and House members and seek commitments at that time and that will probably be Wednesday of next week.
A: Okay.
Q: Thank you again for your service and coming and your willingness to continue serving.
A: Thank you. You all have a good day.
(There being nothing further, the screening of candidates concluded at 10:10 a.m.)
Summary
The following persons were unanimously found qualified for Seat #1 on the SC Consumer Affairs Commission:
Seat #1 with term to expire August 31, 2001
Mr. Reese E. Griffin
Mr. Landrum H. Henderson, Jr.
Mr. B. J. MacInnis
Mr. Louis Mayrant, Jr.
Mr. Aubrey Powell
Mr. William R. Preston
Mrs. Kathy Kern Ross
Mr. Ron G. Skipper
Respectfully submitted,
/s/Senator C. Tyrone Courtney, Chairman
/s/Senator Robert W. Hayes, Jr.
/s/Senator Glenn G. Reese
/s/Senator Dick Elliott
/s/Representative George Bailey
/s/Representative James N. Law
/s/Representative Teddy N. Trotter
/s/Representative Willie B. McMahand
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 29 -- Senators Holland and Giese: A BILL TO AMEND SECTION 24-13-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE, SO AS TO INCREASE THE POSSIBLE PENALTY TO A MAXIMUM OF THIRTY YEARS IMPRISONMENT; TO AMEND SECTION 16-1-60, RELATING TO THE DEFINITION OF VIOLENT CRIMES, SO AS TO DEFINE THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A VIOLENT CRIME; TO AMEND SECTION 16-1-90(A) AND (C) RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A CLASS A FELONY; AND TO AMEND SECTION 17-25-45(C)(1), RELATING TO THE DEFINITION OF MOST SERIOUS OFFENSE, SO AS TO DEFINE THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A MOST SERIOUS OFFENSE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 133 -- Senator Hayes: A BILL TO AMEND SECTION 44-20-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVOLUNTARY ADMISSION OF A PERSON TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO PROVIDE THAT A SOLICITOR OR AN ASSISTANT SOLICITOR MAY INITIATE A PROCEEDING FOR INVOLUNTARY ADMISSION OF A PERSON IN PROBATE OR FAMILY COURT AND TO AMEND SECTION 44-23-430, RELATING TO A HEARING ON FITNESS TO STAND TRIAL, SO AS TO CHANGE A REFERENCE IN THE SECTION PERTAINING TO JUDICIAL ADMISSION PROCEEDINGS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 267 -- Senators Giese and Lander: A BILL TO AMEND SECTION 14-7-1390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR NONATTENDANCE AS A JUROR IN ANY COURT OF THIS STATE, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 22-2-130, RELATING TO THE PENALTY FOR FAILURE OF A DULY SUMMONED JUROR IN MAGISTRATE'S COURT TO APPEAR, SO AS TO INCREASE THE PENALTY FOR VIOLATION; AND TO AMEND SECTION 22-3-950, RELATING TO A MAGISTRATE'S POWER TO PUNISH FOR CONTEMPT, SO AS TO INCREASE THE PENALTY FOR CONTEMPT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3369 -- Reps. Easterday, Meacham, Barrett, Quinn, Seithel, Sandifer, Bailey, Woodrum, Beck, Mason, Haskins, R. Smith, Vaughn, Rice, Walker, Cotty, Stille, Whatley, Loftis, Littlejohn, Martin, Moody-Lawrence, Riser, H. Brown, Byrd, Kirsh, Young-Brickell, Whipper, Battle, Tripp and Bauer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-105 SO AS TO PROVIDE THAT AN UNDERAGE PERSON WHO PURCHASES OR POSSESSES BEER, ALE, PORTER, WINE, OR OTHER SIMILAR MALT OR FERMENTED BEVERAGE AS AN UNDERCOVER AGENT FOR A STATE OR LOCAL LAW ENFORCEMENT AGENCY MUST NOT BE CHARGED WITH THE UNLAWFUL PURCHASE OR POSSESSION OF BEER, ALE, PORTER, WINE, OR OTHER SIMILAR MALT OR FERMENTED BEVERAGE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3547 -- Reps. Knotts, Bauer, Limbaugh, Rice, Koon and Whatley: A BILL TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES, FINES, AND FORFEITURE PROCEDURES ASSOCIATED WITH THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO NOT ALLOW A CONFISCATED PISTOL TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO ALLOW A CONFISCATED PISTOL TO BE DESTROYED; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF WEAPON, AND TO THE CONFISCATION AND DISPOSITION OF WEAPONS USED IN THE COMMISSION OR FURTHERANCE OF A CRIME, SO AS TO ALLOW A LAW ENFORCEMENT AGENCY THAT RECEIVES A CONFISCATED WEAPON TO TRADE IT WITH CERTAIN RETAIL DEALERS, TO NOT ALLOW A CONFISCATED WEAPON TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, AND TO ALLOW A CONFISCATED WEAPON TO BE DESTROYED; TO AMEND SECTION 23-31-180, AS AMENDED, RELATING TO THE FORFEITURE AND DESTRUCTION OF PISTOLS DECLARED TO BE CONTRABAND, SO AS TO NOT ALLOW PISTOLS DECLARED TO BE CONTRABAND TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO REQUIRE THESE WEAPONS TO BE EITHER DESTROYED OR DISPLAYED; AND TO REPEAL SECTION 16-23-500 RELATING TO THE AUTHORITY OF CLERKS OF COURT AND MAYORS TO SELL CONFISCATED OR FORFEITED WEAPONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3549 -- Rep. Boan: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING A FRAUDULENT CHECK, SO AS TO PROVIDE FOR CHECKS WRITTEN IN PAYMENT OF PRESENTLY OR PAST DUE LOCAL TAXES; AND TO AMEND ARTICLE 1, CHAPTER 49, TITLE 12, RELATING TO ENFORCED COLLECTION OF TAXES, BY ADDING SECTION 12-49-95 SO AS TO PROVIDE LOCAL GOVERNMENTS THE ALTERNATIVE COLLECTION PROCEDURE PROVIDED IN CHAPTER 11, TITLE 34 FOR FRAUDULENT CHECKS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3690 -- Rep. Askins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-640 SO AS TO PROVIDE THAT CANINES CERTIFIED TO WORK WITH LAW ENFORCEMENT OFFICERS OR FIRE SERVICE PERSONNEL FOR THE PURPOSE OF FIRE INVESTIGATIONS, TRAINING, OR OTHER RELATED MATTERS MUST BE PERMITTED TO STAY OVERNIGHT WITH THESE OFFICIALS WHEN THEY ARE STAYING IN A PLACE OF PUBLIC ACCOMMODATIONS ON OFFICIAL BUSINESS AND TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3713 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-3-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALIMONY; AND SECTION 20-3-150, RELATING TO THE SEGREGATION OF CHILD SUPPORT AND ALIMONY IN A COURT ORDER, SO AS TO PROVIDE THAT ALIMONY IS TERMINATED UPON THE CONTINUED COHABITATION OF THE SUPPORTED SPOUSE AND TO DEFINE "CONTINUED COHABITATION".
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3715 -- Reps. Klauber, Altman, Limehouse, Neilson, Sharpe, Fleming, Haskins, Knotts, Sandifer, McKay, Kelley, Barrett, Keegan, Stille, Davenport, Loftis, Young, Cooper, Stoddard, Carnell, Woodrum, Campsen and Bauer: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT BY ADDING CHAPTER 18 SO AS TO ENACT THE "SOUTH CAROLINA SHOOTING RANGE PROTECTION ACT OF 1997", TO DEFINE "RANGE" AND "SPORT SHOOTING RANGE"; TO REGULATE NUISANCE ACTIONS IN CONNECTION WITH THE ACQUISITION OF PROPERTY NEAR EXISTING SHOOTING RANGES, THE ESTABLISHMENT OF SHOOTING RANGES NEAR EXISTING PROPERTY, AND DORMANT SHOOTING RANGES; TO PROVIDE CONDITIONS AND LIMITATIONS FOR REGULATION OF NOISE CONTROL OF A SHOOTING RANGE BY COUNTY OR MUNICIPAL ORDINANCES; AND TO PROVIDE THAT THIS CHAPTER DOES NOT PROHIBIT A LOCAL GOVERNMENT FROM REGULATING THE LOCATION AND CONSTRUCTION OF A SPORT SHOOTING RANGE AFTER THE EFFECTIVE DATE OF THIS ACT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3891 -- Reps. Robinson and Cooper: A BILL TO AMEND SECTIONS 12-24-20, 12-24-30, 12-24-40, AND 12-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A DEED RECORDING FEE, SO AS TO PROVIDE THAT THE FEE IS OWED BY THE GRANTEES IN THE CASE OF A DEED FROM A MASTER-IN-EQUITY, FROM A GOVERNMENT OR ITS SUBDIVISIONS, OR FROM AN INTERNAL REVENUE CODE TAX-EXEMPT RETIREMENT PLAN; TO CLARIFY THE MEANING OF "VALUE" AND TO PROVIDE FOR THE ELECTION TO USE THE PROPERTY TAX ASSESSMENT OF FAIR MARKET VALUE FOR PURPOSES OF CHAPTER 24; TO DELETE AND CLARIFY CERTAIN EXEMPTIONS FROM THE RECORDING FEE ON DEEDS AND TO REDEFINE "FAMILY"; AND TO PROVIDE FOR CONTENTS OF AFFIDAVITS FILED IN CONNECTION WITH EXEMPT DEEDS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3908 -- Reps. Seithel, Breeland, Dantzler, Altman, Campsen, Harrell, Chellis, Inabinett, Limehouse, Whatley, Young-Brickell, Lloyd, Robinson and Clyburn: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR EXECUTION, LEVY, NOTICE, AND SEIZURE AND SALE IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO CLARIFY THE MEANING OF "BEST ADDRESS", TO SPECIFY "RESTRICTED DELIVERY" OF CERTIFIED MAILED NOTICES, AND TO REQUIRE NOTICE TO THE OWNER OF RECORD; TO AMEND SECTION 12-51-50, RELATING TO SALE OF PROPERTY IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO PROVIDE FOR SITES ALTERNATIVE TO THE COUNTY COURTHOUSE; TO AMEND SECTION 12-51-60, AS AMENDED, RELATING TO PAYMENT BY SUCCESSFUL BIDDER AND DISPOSITION OF PROCEEDS, SO AS TO REQUIRE NOTICE TO THE OWNER OF RECORD OF THE PROPERTY; AND TO AMEND SECTION 12-51-100, RELATING TO REDEMPTION AND REFUND OF PURCHASE PRICE, SO AS TO CONFORM IT TO SECTION 12-51-90.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3916 -- Reps. Seithel, Knotts, Whatley, Sharpe, Fleming, Riser and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-185 SO AS TO PROHIBIT THE PURCHASE, BARTER, OR TRADE OF MARINE PRODUCTS HANDLED OR TAKEN UNLAWFULLY AND PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 484 -- Senators Leventis, Patterson, Peeler, J. Verne Smith and Drummond: A JOINT RESOLUTION TO REAUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S HEALTH SERVICES.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 653 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF COSMETOLOGY, RELATING TO QUALIFICATIONS AND PROVISIONS FOR LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2110, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 625 -- Senator Alexander: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION, IN CONSULTATION WITH THE OCONEE COUNTY LEGISLATIVE DELEGATION AND THE OCONEE COUNTY VETERANS AFFAIRS OFFICER, DEDICATE A PORTION OF UNITED STATES HIGHWAY 123 IN OCONEE COUNTY TO SOUTH CAROLINA'S VETERANS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 692 -- Senators Courtney, Elliott, Reese, and Hayes: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 21, 1997, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBERS OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 1, SO AS TO FILL THE TERM WHICH EXPIRES AUGUST 31, 1997.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 732 -- Senator Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. C. C. STEWART, SR., FOR HIS DEDICATION AND DEVOTION TO NICHOLTOWN BAPTIST CHURCH, ON THE OCCASION OF THE FIFTY-FIFTH ANNIVERSARY OF ITS FOUNDING ON MAY 25, 1997.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4113 -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-45, SO AS TO PROVIDE THAT A SCHOOL DISTRICT SUPERINTENDENT IN SOUTH CAROLINA SHALL NOT RECEIVE OR BE OFFERED DIRECTLY OR INDIRECTLY FOR THE PERFORMANCE OR CONTINUATION OF HIS DUTIES A SUPPLEMENT, OTHER COMPENSATION, OR VALUABLE CONSIDERATION FROM ANY NONGOVERNMENTAL SOURCE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL TAKE EFFECT MAY 1, 1997.
Referred to Committee on Education and Public Works.
H. 4114 -- Reps. Baxley, Neilson and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 5 AND 6, 1996, BY THE STUDENTS OF THE DARLINGTON COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. BAXLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4115 -- Reps. Limbaugh, Harrison, Wilkins and D. Smith: A BILL 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.
Referred to Committee on Judiciary.
S. 195 -- Senators Holland and Wilson: A BILL TO AMEND SECTION 7-13-1400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTE RECORDERS, SO AS TO DELETE A PROVISION WHICH REQUIRES A POLL MANAGER TO FURNISH FOR EACH VOTE RECORDER A SEAL FOR SEALING THE VOTE RECORDER AFTER THE POLLS ARE CLOSED.
Referred to Committee on Judiciary.
S. 708 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO EXCESS PROFITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2146, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 709 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO LIFE INSURANCE ILLUSTRATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2149, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 710 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO MINIMUM RESERVE STANDARDS FOR INDIVIDUAL AND GROUP ACCIDENT AND HEALTH INSURANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2147, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
The following was introduced:
H. 4116 -- Reps. Bauer, Knotts, Young, Klauber and Riser: A HOUSE RESOLUTION CONGRATULATING THE ORGANIZATION, GUN OWNERS OF SOUTH CAROLINA, ON BEING HONORED BY THE NATIONAL RIFLE ASSOCIATION'S INSTITUTE FOR LEGISLATIVE ACTION AS "VOLUNTEER ASSOCIATION OF THE YEAR" FOR THE NATION.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, J. Brown, T. Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cromer Dantzler Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Meacham Miller Mullen Neilson Parks Phillips Pinckney Rhoad Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stoddard Stuart Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, May 7.
C. Alex Harvin III Molly M. Spearman Rex Fontaine Rice F.G. Delleney, Jr. Douglas Jennings, Jr. Alma W. Byrd G. Ralph Davenport, Jr. Bessie Moody-Lawrence Bill Cotty Joseph H. Neal Henry E. Brown, Jr. Leon Howard John G. Felder Ralph W. Canty Timothy C. Wilkes Richard M. Quinn, Jr. Fletcher Nathaniel Smith, Jr.
STATEMENT OF ATTENDANCE
Reps. LIMEHOUSE, WHATLEY and STILLE signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, May 6.
Rep. PINCKNEY presented to the House the Estill High School Lady Gators Basketball Team, winners of the 1997 Class A State Championship.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4107 -- Rep. Rhoad: A BILL TO AMEND SECTION 7-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BAMBERG COUNTY, SO AS TO DESIGNATE THE VOTING PLACE OF THE EDISTO PRECINCT AS THE EDISTO RURAL FIRE DEPARTMENT.
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. LANFORD explained the Bill.
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. PARKS explained the Bill.
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. YOUNG explained the Joint Resolution.
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.
Rep. LAW explained the Joint Resolution.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
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.
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.
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.
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.
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.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 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.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. CARNELL having the floor.
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.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 7, by the Committee on Ways and Means.
Reps. KELLEY, KEEGAN, EASTERDAY, WITHERSPOON, HAWKINS, R. SMITH, McMAHAND, HAMILTON, LEACH, SHEHEEN, CAMPSEN, LOFTIS, BATTLE, SEITHEL, CLYBURN, BAILEY, LAW, CARNELL, KNOTTS, WOODRUM and MILLER requested debate on the Bill.
The following Bill was taken up.
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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7296AC.97), which was adopted.
Amend the bill, as and if amended, the first unnumbered paragraph after item (5) of Section 40-35-10(A), page 13, line 2 after /serve/ by inserting /as a nonvoting member/ so when amended, the first unnumbered paragraph after item (5), Section 40-35-10(A) will read:
"The Commissioner of the Department of Health and Environmental Control, or his designee, also shall serve as a nonvoting member on the board ex officio."
Amend the bill further, as and if amended, page 16 by deleting Section 40-35-110, and inserting:
/"Section 40-35-110. Misconduct, which constitutes grounds for revocation, suspension, or other restriction of a license or a limitation or other discipline of a licensee, is a satisfactory showing to the board of:
(1) acting in a manner inconsistent with the health or safety of the residents of the nursing home or community residential care facility;
(2) failing to ensure that the nursing home or community residential care facility in which the licensee is an administrator complies with the provisions of law and regulations of the licensing or supervising authority or agency, whether federal, state, or local, having jurisdiction over the operation and licensing of the nursing home or community residential care facility.
(3) Permitting unauthorized disclosure of information relating to a resident in a nursing home or community residential care facility under the licensee's administration."/
Amend the bill further, page 19, Section 40-35-240 by inserting immediately after line 24:
/"(G) The board may issue a nursing home administrator's license or community residential care facility administrator's license to any person who holds a current license as a nursing home administrator or community residential care facility administrator from another jurisdiction if it finds that the standards for licensure in the other jurisdiction are at least the substantial equivalent of those in this State and if the applicant has passed the South Carolina portion of the licensure examination and is otherwise qualified."/
Amend title to conform.
Renumber sections to conform.
Rep. PARKS explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name P:\AMEND\KGH\15178AC.97), which was adopted.
Amend the bill, as and if amended, Section 40-35-10, on page 13, by inserting immediately after line 9 /(C) Any business conducted by the board must be by a positive majority vote. For purposes of this subsection "positive majority vote" means a majority vote of the entire membership of the board, reduced by any vacancies existing at the time./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
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.
Rep. BAXLEY proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1244DW.97), which was adopted.
Amend the joint resolution, as and if amended, SECTION 2, page 178-2, line 42, by inserting after /Chesterfield/ /or the county of Chesterfield/
Amend title to conform.
Rep. BAXLEY explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
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. STODDARD explained the Bill and moved to adjourn debate upon the Bill until Thursday, May 8, which was adopted.
The following Joint Resolution was taken up.
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.
Reps. KELLEY, YOUNG and HARRISON proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4528SD.97), which was adopted.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) The Department of Social Services is authorized to establish in one region or up to three counties of the State a pilot child protective services system as set forth in this joint resolution. The pilot shall commence no sooner than January 1, 1998, and no later than January 1, 1999. It shall continue for two years after it is commenced and until the conclusion of the next legislative session thereafter. The pilot will test a child protection system that acknowledges the different intervention needs of families by providing for a family assessment track instead of normal protocol in certain cases. For purposes of this pilot, the definitions of child abuse and neglect and related terms as contained in Section 20-7-490 of the 1976 Code apply and nothing in this joint resolution may be construed to expand the jurisdiction of the department. It is the intent of the General Assembly that an alternative manner of intervention be developed that diminishes the need for family court involvement but does not increase the number of families receiving child protective service interventions. Provisions of Chapter 7, Title 20 of the 1976 Code that do not conflict with the provisions of this joint resolution apply to the pilot.
(B) Before the pilot child protective services system is instituted, the department shall assure that all participants in the pilot are thoroughly trained in matters relating to their role in the pilot, utilizing to the extent possible existing training resources for each profession. At a minimum, training should be provided to caseworkers, attorneys, solicitors, guardians ad litem, judges, and law enforcement personnel. Informational materials concerning the pilot should be prepared for families and their attorneys.
(C) Within fifteen months after commencement of the pilot, the department shall submit to the Governor and the chairs of the House and Senate Judiciary Committees a preliminary independent evaluation of the first year of the pilot child protection system, conducted according to accepted and objective research principles. The department shall submit to the Governor and the chairs of the House and Senate Judiciary Committees a final evaluation of the pilot child protection system within twenty-seven months after commencement of the pilot. Outcomes to be evaluated include, but are not limited to, cost, effect on the demand for judicial and departmental resources, attitudes of participants in the pilot, effect on the well-being of children, and the effectiveness of the assessment track as a tool to keep families together.
SECTION 2. (A) The department must screen all reports of suspected child abuse and neglect to determine whether the report alleges facts constituting child abuse and neglect as defined in Section 20-7-490 of the 1976 Code. Only reports that allege facts constituting child abuse and neglect may be accepted. Each report immediately must be routed to an appropriate employee of the department for investigation or assessment. If the department determines that the child should be taken into custody, it must proceed as provided in Section 20-7-610 of the 1976 Code.
(B) Within twenty-four hours after a report is accepted, the department must initiate an investigation or an assessment to determine whether agency intervention is necessary and the form that intervention should take. An investigation or assessment must be initiated in response to all reports that allege child abuse or neglect in which the parent, guardian, or other person responsible for the child's welfare:
(1) inflicts physical injury upon the child, as defined in Section 20-7-490 of the 1976 Code;
(2) commits against the child a sexual offense as defined by the laws of this State;
(3) wilfully or recklessly allows another person to inflict physical injury upon the child or to commit a sexual offense against the child;
(4) wilfully or recklessly inflicts or allows another to inflict upon the child mental injury;
(5) abandons the child;
(6) encourages or approves the commission of delinquent acts by the child and the commission of the acts is shown to be the result of the encouragement or approval; or
(7) wilfully or recklessly fails to supply the child with adequate food, clothing, shelter, education, supervision, or health care though financially able to do so or offered financial or other reasonable means to do so where the failure has caused physical or mental injury.
These enumerated conditions of child abuse and neglect must be interpreted consistently with Section 20-7-490 of the 1976 Code.
SECTION 3. (A) In cases determined to be appropriate for an assessment track, the department must within twenty-four hours after acceptance of the report commence an assessment to determine whether or not the child is an abused or neglected child as defined in Section 20-7-490 of the 1976 Code and if so, to identify and facilitate the provision of services to minimize the threat of future abuse and neglect. This determination must be made within thirty days after the assessment is commenced. If the department determines that children in the home have not been abused or neglected, the case must be closed. When closing a case, the department may refer the family to appropriate service providers or provide written information to the family concerning problems identified in the assessment. An assessment does not require an indication of abuse or neglect by the department or placement of the alleged perpetrator on the Central Registry of Child Abuse and Neglect.
(B) In carrying out an assessment, the department shall:
(1) immediately contact the subject of the report and the family of the child identified in the report and give each a written and oral explanation of the assessment procedure;
(2) conduct an assessment of the child identified in the report and other children in the home and of the service needs of the family;
(3) if the department determines that a child in the home is threatened, develop in consultation with the parents and other relevant persons a written plan for services to alleviate the threat to the child. The duration of a plan may be no longer than six months, except that the duration may be up to one year if the plan includes a type of treatment that cannot be completed within six months. The plan must comply with the requirements of Section 20-7-762 of the 1976 Code or if the child has been removed from the home, Section 20-7-764 of the 1976 Code.
(C) As part of an assessment, the department may refer the case to a qualified mediator or appoint a qualified person to convene a family group conference to assist in development of a plan for alleviating the threat of a recurrence of child abuse and neglect, including out-of-home placement of the child if necessary. A plan must be agreed upon by the participants in the mediation or family group conference and other necessary parties within thirty days following referral to mediation or appointment of a convener, except that this period may be extended for up to thirty additional days if reasonable progress is being made on development of a plan and good cause for the delay in reaching agreement on the plan is documented in the case record. A family group conference is a meeting of persons such as the parents or guardian of the child, members of the child's extended family, and teachers, coaches, ministers, or other persons close to and concerned about the child and family, to develop a plan for the protection and placement of the child.
(D) A plan pursuant to this section must be agreed to by the parents and any person who is identified in the plan as a provider of services to the child or family, including any person other than a licensed foster care provider with whom it is proposed that the child will reside. If any of these persons does not agree to a plan, the department may proceed as provided for in Section 20-7-738 of the 1976 Code.
(E) At the expiration of the initial plan, the department shall review with the parents implementation of the plan and the circumstances in the home, and:
(1) the case must be closed; or
(2) a follow-up plan of no longer than six months may be agreed to by the department and the parents; or
(3) the case may be referred to the family court pursuant to Section 20-7-738 of the 1976 Code.
A case may not be kept open for longer than one year without court authorization.
(F) The department shall provide, direct, coordinate, or make a referral to services provided for in the plan and shall assist the child and family in obtaining services.
SECTION 4. (A) If at any time during an assessment or the implementation of a plan the department learns new information suggesting that abuse or neglect requiring investigation pursuant to Section 2(B) has occurred, the department immediately shall initiate an investigation and notify the local law enforcement agency.
(B) At any time during an investigation, if the facts so warrant, the department may reassign the case to the assessment track, and the department may proceed as provided for in Section 3.
(C) An investigation or assessment commenced pursuant to this section must be concluded no later than thirty days after commencement of the investigation or assessment or forty-five days after acceptance of the report, whichever is sooner, except that a single extension of no more than fifteen days may be granted by the director of the department or the director's designee for good cause shown.
SECTION 5. The department shall collaborate with the community to identify or develop local formal and informal services for children and families where a child in the home has been the subject of child abuse and neglect and the potential for a recurrence of child abuse and neglect as defined in Section 20-7-490(4) of the 1976 Code is still present.
SECTION 6. The procedures for conducting the pilot child protection services system as set forth in this joint resolution may be revised as necessary by promulgation of emergency regulations in accordance with the standards and procedures in Section 1-23-130 of the 1976 Code.
SECTION 7. For a period of at least six months and no longer than one year following initiation of the pilot project, the department shall collect and analyze information concerning reports of "excessive corporal punishment" as provided for in Section 20-7-490(3)(a) of the 1976 Code. This information shall include, but not be limited to, the age and sex of the child; the form of punishment administered; the type, extent, location, and severity of the resulting injury to the child; whether the report was indicated or unfounded; whether the child was removed from the home; whether the case was heard by a court; whether the perpetrator was entered on the Central Registry of Child Abuse and Neglect; the nature of any intervention agreed to by the family or ordered by the court; and, to the extent known whether the case was investigated by law enforcement and the disposition of the case in the criminal justice system. Within sixty days after collection of information has been completed, the department shall prepare and submit to the Governor and the chairmen of the House and Senate Judiciary Committees a report on the results of this study and recommendations concerning whether the definition of child abuse as it pertains to "excessive corporal punishment" or the handling of reports of "excessive corporal punishment" should be modified, either in the pilot project or in the child protection system as a whole, in light of the results of the study.
SECTION 8. This joint resolution takes effect upon approval by the Governor./
Amend title to conform.
Rep. YOUNG explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. STUART moved to adjourn debate upon the following Bill until Tuesday, May 13, 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. 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.
Rep. ASKINS proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15220SD.97).
Amend the bill, as and if amended, Section 5-25-1370 of the 1976 Code as contained in SECTION 1, by inserting /working/ immediately after /seven/ on line 26 of page 1.
Renumber sections to conform.
Amend title to conform.
Rep. BAILEY explained the amendment.
Reps. SPEARMAN, KOON, STUART, BOWERS, LOFTIS, TROTTER and BAILEY requested debate on the Bill.
Rep. CATO moved that the House recur to the morning hour, which was agreed to.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4117 -- Rep. Bowers: A BILL TO AMEND SECTION 15-75-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOSS OF COMPANIONSHIP OF A SPOUSE, SO AS TO PROVIDE FOR LOSS OF PARENTAL CONSORTIUM.
Referred to Committee on Judiciary.
The following Bill was taken up.
H. 3274 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41 CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41 AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30 RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40 RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE VOLUNTARILY ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; TO AMEND SECTION 41-7-80 RELATING TO CRIMINAL PENALTIES SO AS TO INCREASE THE PENALTIES; AND TO AMEND SECTION 41-7-90 RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF AN EMPLOYEE AGGRIEVED BY VIOLATIONS OF THIS CHAPTER.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15193AC.97).
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. The 1976 Code is amended by adding:
"Section 41-7-100. (A) A person who violates the provisions of this chapter may be assessed by the Director of the Department of Labor, Licensing and Regulation a civil penalty of not more than one hundred dollars for each offense.
(B) The director shall promulgate regulations establishing procedures for administrative review of civil penalties assessed under this chapter."/
Amend further, by striking SECTION 4 and inserting:
/SECTION 4. Section 41-7-40 of the 1976 Code is amended to read:
"Section 41-7-40. Nothing in this chapter shall preclude any precludes an employer from deducting from the wages of the employees and paying over to any a labor organization, or its authorized representative, membership dues in a labor organization; provided, that however, the employer has must have received from each employee, on whose account such the deductions are made, a written assignment which shall not only may be irrevocable for a period of more than one year, or beyond until the termination date of any applicable collective agreement or assignment, whichever occurs sooner."/
Amend further, by striking SECTION 5 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. LAW explained the amendment and moved to adjourn debate upon the Bill until Thursday, May 8, which was adopted.
The following Bill was taken up.
H. 3945 -- Reps. Young-Brickell, Cato, Barrett, Woodrum, Seithel, Sandifer, Sheheen, H. Brown, Law, Meacham, Harrell, Chellis, Hamilton, Kinon, Sharpe, Bailey, Witherspoon, Hinson, Littlejohn, Keegan, Harrison and Haskins: A BILL TO AMEND SECTION 38-73-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MERIT RATING SYSTEM FOR WORKERS' COMPENSATION INSURANCE, SO AS TO REQUIRE THE INCLUSION OF A CREDIT FOR AN INSURED WHO PARTICIPATES IN A PROGRAM DESIGNED TO PREVENT THE USE OF DRUGS ON THE JOB BY EMPLOYEES OF THE INSURED, PROVIDE FURTHER FOR THE CREDIT, AND PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS; TO ADD SECTION 41-1-15 SO AS TO PROVIDE FOR WORKPLACE PROCEDURES DESIGNED TO PREVENT DRUGS ON THE JOB; AND TO AMEND SECTION 42-5-10, RELATING TO AN EMPLOYER'S WORKERS' COMPENSATION LIABILITY AND INSURANCE, SO AS TO ESTABLISH PROCEDURES WHERE CREDITS SHALL BE GIVEN FOR EMPLOYEES WHO ARE DRUG-FREE ON THE JOB.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20656SD.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/Whereas, the members of the General Assembly recognize the importance of all employers and employees in the State to maintain and operate in a drug-free workplace, and promote the participation of businesses in drug prevention programs. Through such participation, employers have the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work related accidents resulting from substance abuse by employees; and
Whereas, nationally, the cost of substance abuse in the workplace is estimated at a staggering one hundred billion annually, and this cost is paid by employers in many different ways; and
Whereas, the intention of the act is to provide incentive for employers to prevent drug use and the tragedies associated with work related accidents and to deter the corresponding losses in the form of workers' compensation claims, personnel, and economic productivity; and
Whereas, since workers' compensation insurers typically provide support services to employer-clients, the General Assembly believes that insurers will compete for the business of employers participating in drug prevention programs and will provide the appropriate premium credit for various classes of employment with a successful program due to the administrative cost savings in many ways including those from a reduction in work related accidents by employees with substance abuse and litigation expenses;
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 38-73-500 of the 1976 Code, as last amended by Section 783 of Act 181 of 1993, is further amended to read:
"Section 38-73-500. (A) For the purpose of uniformity and equality the director or his designee shall approve a system of merit rating for use in the writing of workers' compensation insurance. No system of merit rating except the one so approved may be used.
(B) This system of merit rating shall include a credit of at least five percent for an insured who participates in a program designed to prevent the use of drugs or alcoholic beverages on the job by employees of the insured. The credit must be actuarially sound and filed with the director or his designee. However, if the director determines that a credit of at least five percent is not actuarially sound, the director shall allow and order a credit of less than five percent which is actuarially sound. The director or his designee shall provide for certification of an employer drug prevention program and shall promulgate regulations for the implementation of this subsection, including, but not limited to, the establishment of guidelines or a plan defining a qualified employer drug prevention program eligible for the credit which shall be used by the insurer unless the insurer has established its own guidelines or plan. In the establishment of guidelines or a plan by the director or insurer concerning a qualified drug prevention program eligible for the credit, the guidelines or plan shall include the policy statement and employee notification requirement pursuant to Section 41-1-15.
(C) The testing procedure established by the insurer, employer, or his designee, or, approved by the director, must include a provision for random sampling of all persons who receive wages and compensation in any form from the employer and must provide for a second test to be administered within thirty minutes of the administration of the first test. Positive test results must be provided in writing to the employee within twenty-four hours of the time the employer receives the test results. Each employer must keep records of each test for up to one year."
SECTION 2. The 1976 Code is amended by adding:
"Section 41-1-15. (A) Notwithstanding any other provision of the law, an employer may establish a drug prevention program in the workplace pursuant to Section 38-73-500(B) which shall include:
(1) a substance abuse policy statement that balances the employer's respect for individuals with the need to maintain a safe, productive, and drug-free environment. The intent of the policy shall be to help those who need it while sending a clear message that the illegal use of nonprescription controlled substances or the abuse of alcoholic beverages is incompatible with employment at the specified workplace; and
(2) notification to all employees of the drug prevention program and its policies at the time the program is established by the employer or at the time of hiring the employee, whichever is earlier.
(B) All information, interview, reports, statements, memoranda, and test results, written or otherwise, received by the employer through a substance abuse testing program are confidential communications, but may be used or received in evidence, obtained in discovery, or disclosed in any civil or administrative proceeding.
(C) Employers, laboratories, medical review officers, insurers, drug or alcohol rehabilitation programs, and employer drug prevention programs, and their agents who receive or have access to information concerning test results shall keep all information confidential. Release of such information under any other circumstance shall be solely pursuant to a written consent form signed voluntarily by the employee tested or his designee, unless such release is completed by an agency of the state or a court of competent jurisdiction or unless deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The consent form must contain at a minimum:
(1) the name of the person who is authorized to obtain the information;
(2) the purpose of the disclosure;
(3) the precise information to be disclosed;
(4) the duration of the consent; and
(5) the signature of the person authorizing release of the information.
(D) Information on test results shall not be released or used in any criminal proceeding against the employee. Information released contrary to this subsection shall be inadmissible as evidence in any such criminal proceeding."
SECTION 3. For each policy of workers' compensation insurance issued or renewed in the State on and after October 1, 1997, there shall be granted by the insurer a reduction in premium of not less than five percent pursuant to Section 38-73-500 as contained and amended in SECTION 1 of the act.
SECTION 4. This act takes effect upon approval by the Governor unless otherwise specified./
Amend title to read as follows:
/TO AMEND SECTION 38-73-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MERIT RATING SYSTEM FOR WORKERS' COMPENSATION INSURANCE, SO AS TO REQUIRE THE INCLUSION OF A CREDIT OF AT LEAST FIVE PERCENT FOR AN INSURED WHO PARTICIPATES IN A PROGRAM DESIGNED TO PREVENT THE USE OF DRUGS ON THE JOB BY EMPLOYEES OF THE INSURED, PROVIDE FURTHER FOR THE CREDIT TO BE ACTUARIALLY SOUND, PROVIDE FOR THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO ALLOW AND ORDER A CREDIT LESS THAN FIVE PERCENT WHEN THE CREDIT IS DETERMINED NOT TO BE ACTUARIALLY SOUND, PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS AND THE CERTIFICATION OF AN EMPLOYER DRUG PREVENTION PROGRAM, AND PROVIDE FOR RANDOM TESTING PROCEDURES; TO ADD SECTION 41-1-15, SO AS TO PROVIDE FOR WORKPLACE PROCEDURES DESIGNED TO PREVENT DRUGS ON THE JOB; AND PROVIDE THAT WORKERS' COMPENSATION POLICIES ISSUED OR RENEWED ON AND AFTER OCTOBER 1, 1997, SHALL BE GRANTED PREMIUM REDUCTION OF NOT LESS THAN FIVE PERCENT./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LAW explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Bowers Brown, G. Campsen Canty Carnell Cato Cave Chellis Clyburn Cooper Cotty Cromer Dantzler Delleney Easterday Edge Felder Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Hawkins Hines, J. Hinson Hodges Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Lloyd Loftis Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Meacham Miller Mullen Neilson Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stoddard Stuart Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
I was unavoidably detained meeting a local constituent and was unable to cast my vote for H. 3945, the Drug Free Workplace Bill. Had I been present, I would have voted for the Bill.
Rep. JAMES S. KLAUBER
The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.
The following Bill was taken up.
S. 236 -- Senators McConnell, Passailaigue and Giese: A BILL TO AMEND CHAPTER 9, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; BY ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15194DW.97), which was adopted.
Amend the bill, as and if amended, page 4, Section 6-9-30 as contained in SECTION 1, lines 10-14, by deleting the last unnumbered paragraph which reads:
/Notwithstanding any provision of any nationally known code adopted pursuant to this chapter, all building officials, inspectors, and assistants appointed or employed to enforce or administer nationally known codes shall be employed at the will of the appointing county or municipality unless the county or municipality provides otherwise./
Amend further, page 4, Section 6-9-50 as contained in SECTION 1, by striking lines 27 through 42 and inserting:
/"Section 6-9-50. (A) County governing bodies have the authority to establish codes and promulgate regulations under this chapter for the entire unincorporated area of the county or for any specified portion of the unincorporated area. Municipalities and counties shall adopt by reference only those provisions of the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction which directly relate to building and safety standards within their respective jurisdictions: Standard Building Code, Standard Gas Code, Standard Plumbing Code, Standard Mechanical Code, the Standard Fire Prevention Code, as published by the Southern Building Code Congress International, Inc., the Model Energy Code as published by the Council of American Building Officials, and the National Electrical Code, as published by the National Fire Protection Association. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adoption ordinance. However, the provisions of the codes provided in this section concerning the qualification, removal, dismissal, duties, responsibilities, and administrative procedures regarding all building officials, deputy building officials, chief inspectors, any inspector, and assistants do not apply unless otherwise adopted by the applicable governing body.
(B) The governing body of a county may not enforce that portion of a nationally recognized fire prevention code it has adopted which may regulate outdoor burning for forestry, wildlife, and agricultural purposes as regulated by the South Carolina Forestry Commission.
(C) A residential building is deemed in compliance with the Building Envelope Requirements of the Model Energy Code if:
(1) it is built in compliance with prescriptive standards issued by the South Carolina Residential Builders Commission, in consultation with the State Energy Office, based on computer models of the Model Energy Code including, but not limited, options developed by Pacific Northwest Laboratories for South Carolina's climatic zones, or
(2) if double pane or storm windows are used for window glass and in the case of ceilings, exterior walls, floors with crawl space, and heating and air conditioning duct work, the determination of the minimum thermal resistance ratings (R-value) is:
(a) R-30 for ceilings, except for ceiling/roof combinations, which must be at least R-19;
(b) R-13 for exterior walls;
(c) R-19 for floors with crawl space;
(d) R-6, or the installed equivalent, for heating and air conditioning duct work not located in conditioned space."/
Amend further, beginning on page 5, line 6, by striking Section 6-9-60, and inserting:
/"Section 6-9-60. (A) Municipalities or and counties are authorized to may adopt by reference only those provisions of the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction which directly relate to building and safety standards within their respective jurisdictions: Standard Building Code, Standard Housing Code, Standard Gas Code, Standard Plumbing Code, Standard One and Two Family Dwelling Code, Standard Mechanical Code, Standard Fire Prevention Code Standard Existing Building Code, Standard Swimming Pool Code, the Standard Excavation and Grading Code, National Electrical Code, and National Fire Protection Association Gas Codes as published by the Southern Building Code Congress International, Inc., and the One and Two Family Dwelling Code, as published by the Council of American Building Officials. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adopting ordinance. However, the provisions of the codes provided in this section concerning the qualification, removal, dismissal, duties, responsibilities, and administrative procedures regarding all building officials, deputy building officials, chief inspectors, any inspector, and assistants do not apply unless otherwise adopted by the applicable governing body. If a county or municipality adopts the One and Two Family Dwelling Code, the One and Two Family Dwelling Code shall take precedence over the Standard Building Code for dwellings as defined in the Standard Building Code. Should any city, town, If a municipality or county contend contends that the codes authorized by this chapter do not meet its needs due to local physical or climatological conditions, the variations and modifications must be submitted for approval to a the South Carolina Building Code Codes Council of thirteen fifteen members which is established in this section.
(B) Members of this the council must be appointed by the Governor for terms of four years each and until a successor is appointed and qualifies. The council shall consist of include an (1) architect registered in South Carolina, representatives (2) a municipal administrator, manager, or elected official from the Municipal Association of South Carolina, (3) a county administrator, manager, or elected official the South Carolina Association of Counties, the Building Officials' Association of South Carolina, South Carolina Building Trade Council, (4) a representative from of the electric utility electrical industry who is either an engineer or master electrician registered in South Carolina, a representative of the Carolinas Branch of the Associated General Contractors of America, Inc., representatives from the gas, electric, and plumbing industries, a representative of the Home Builders Association of South Carolina, (5) a general contractor licensed in South Carolina, (6) a residential home builder licensed in South Carolina, (7) a handicapped disabled person, and the Chief Engineer of the State Budget and Control Board (8) a representative of the mechanical and gas industries who is either an engineer registered in South Carolina or a master mechanic, (9) a representative of the plumbing industry who is either an engineer registered in South Carolina or a master plumber, (10) a representative designated by the State Engineer of the Budget and Control Board, (11) a structural engineer registered in South Carolina, (12) a representative of the general public who is not in the practice of home or safety inspection, construction, or building, who does not have any financial interest in these professions, and who does not have any immediate family member in these professions, (13) a representative designated by the State Fire Marshal, (14) a representative from the Manufactured Housing Institute of South Carolina who shall serve as a nonvoting member, and (15) a representative designated by the Director of the State Energy Office of the Budget and Control Board who shall serve as a nonvoting member. At least one member of the council must be a member of each of the congressional districts, to be appointed, if positions become vacant, in the order provided below or as resignations occur. A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term. The primary function of the council is to decide to what extent any a jurisdiction may vary from the series of codes listed in this section chapter in the establishment of construction standards. The council shall monitor the adoption of building codes by cities municipalities and counties to insure ensure compliance with this chapter. Of the members initially appointed by the Governor, four shall serve for terms of two years, four shall serve for four years, and five shall serve for terms of six years. After the initial appointment, all appointments are for terms of six years. Members of the council shall receive mileage, subsistence, and per diem as provided for other state boards, committees, or commissions for attendance at board meetings called by the chairman. The council shall elect from its appointive members a chairman, vice-chairman, and secretary. The council shall adopt regulations not inconsistent consistent with this chapter. Meetings may be called by the chairman on his own initiative and must be called by him at the request of three or more members of the council. All members must be notified by the chairman in writing of the time and place of meeting at least seven days in advance of the meeting. Seven members constitute a quorum. All meetings are open to the public. At least two-thirds vote of those members in attendance at the meeting constitutes an official decision of the council."/
Amend further, page 7, lines 8 through 12, by striking Section 6-9-65(B), and inserting:
/(B) The governing body of a county or municipality may not enforce that portion of any a nationally recognized building code it has adopted which regulates the construction or improvement of a farm structure. Standards for flood plain management by the Southern Building Code Congress International, Inc. apply The standards published by the Federal Emergency Management Agency for the National Flood Insurance Program shall apply./
Amend further, page 7, lines 24 through 41, by striking Section 6-9-70, and inserting:
/"Section 6-9-70. (A) The violation of any of the codes or regulations adopted pursuant to the provisions of this chapter is declared to be a misdemeanor, and any A person violating found to be in violation of the building codes or regulations adopted pursuant to the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one hundred dollars or imprisonment of not more than thirty days fined, by civil fine, in an amount not more than two hundred dollars. Each day the violation continues is a separate offense. However, this provision does not prevent a county or municipality from exercising its authority to impose by ordinance criminal sanctions of a fine of not more than two hundred dollars or imprisonment for not more than thirty days in lieu of the civil penalties required by this provision.
(B) However, before being charged with a second violation, an individual must be given seven calendar days to remedy the violation if it does not place the public in imminent danger or create an emergency situation. If no substantial progress is made toward correcting the violation which does not place the public in imminent danger or create an emergency situation by the end of the seventh calendar day in the opinion of the inspector or official, every day of such violation thereafter is considered a separate offense. In addition, every day a violation continues is a separate offense in those situations that place the public in imminent danger or create emergency situations."/
Amend further, page 8, lines 11 through 20, by striking Section 6-9-90, and inserting:
/Section 6-9-90. County or municipal governing bodies are authorized to appropriate and expend funds to implement the provisions of this chapter. Notwithstanding any other provision of law, the governing body of a county or municipality may impose fees necessary to implement and continue the programs required by this chapter."/
Amend further, page 8, line 39, Section 6-9-110, by striking /excluding/ and inserting /including/. When amended, Section 6-9-110 shall read:
/"Section 6-9-110. In no event may any A county, municipal, or other local ordinance or regulation which requires the purchase or acquisition of a permit, license, or other device utilized to enforce any a building standard be construed to does not apply to any a state department, institution, or agency permanent improvement project, construction project, renovation project, or property. After successful completion of all requirements, the State Fire Marshal shall certify personnel of the State Engineer's Office of the Budget and Control Board designated by the State Engineer. The certified personnel and deputy state fire marshals, including resident state fire marshals, have exclusive jurisdiction over state buildings, including schools, in the exercise of the powers and jurisdictional authority of the State Fire Marshal under Sections 23-9-30, 23-9-40, and 23-9-50."/
Amend further, page 9, lines 4 and 5, by striking Section 6-9-130 and inserting:
/"Section 6-9-130. Buildings must be inspected according to the codes in effect for the locality on the date of the issuance of the building permit except in the case of unsafe buildings and changes in occupancy classification as defined in the Standard Building Fire Prevention and existing building codes."/
Amend further, page 11, lines 28 through 39, by striking Section 38-7-35, and inserting:
/"Section 38-7-35. (A) The first one hundred and seventy-five thousand dollars of the revenue collected annually pursuant to Section 38-7-30 must be transferred to the Department of Labor, Licensing and Regulation for the purpose of implementing the training, certification, and continuing education program for building codes enforcement officers as provided in Section 6-8-70 and by law.
(B) The Department of Labor, Licensing and Regulation shall report annually to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee detailing actual program expenditures including, but not limited to, the number of instructors employed, the number of training sessions conducted, and the number of certifications issued. This report must be submitted to the respective chairman no later than January fifteenth of each year."/
Amend further, beginning on page 11, by striking SECTION 5 in its entirety.
Amended further, by adding an appropriately numbered SECTION to read:
/SECTION ______. Chapter 10 of Title 6 of the 1976 Code is repealed./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAILEY explained the amendment.
The amendment was then adopted.
Rep. BAILEY proposed the following Amendment No. 2 (Doc Name P:\AMEND\EGM\18616DJC.97), which was adopted.
Amend the report of the Committee on Labor, Commerce and Industry, as and if amended, in Section 6-9-50(C)(1), as contained in the report, by inserting /National/ between the words /Northwest/ and /Laboratories/ on line 27, page 236-2, so that when amended, Section 6-9-50(C)(1) shall read:
"(1) it is built in compliance with prescriptive standards issued by the South Carolina Residential Builders Commission, in consultation with the State Energy Office, based on computer models of the Model Energy Code including, but not limited, options developed by Pacific Northwest National Laboratories for South Carolina's climatic zones, or"
Amend Further the Report of the Committee on Labor, Commerce and Industry, as and if amended, in Section 6-9-50(C)(2), as contained in the report, by inserting /single panel/ between the words /or/ and /storm/ on line 29, page 236-2, so that when amended, Section 6-9-50(C)(2) shall read:
"(2) if double pane or single pane with storm windows is used for window glass and in the case of ceilings, exterior walls, floors with crawl space, and heating and air conditioning duct work, the determination of the minimum thermal resistance ratings (R-value) is:
(a) R.30 for ceilings, except for ceiling/roof combinations, which must be at least R-19;
(b) R-13 for exterior walls;
(c) R-19 for floors with crawl space;
(d) R-6, or the installed equivalent, for heating and air conditioning duct work not located in conditioned space."
Amend further the bill, as and if amended, by striking Section 6 and inserting:
/SECTION 6. Chapter 10 of Title 6 of the 1976 Code is not applicable in counties which have fully implemented building codes as required in Section 6-9-10, as amended by this act./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAILEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3852 -- Reps. Wilkins, Cato, Altman, Tripp, Jennings, Fleming, Sharpe, Mason, Sandifer, Littlejohn, Barfield, Meacham, Hinson, Robinson, Cooper, Haskins, Simrill, Walker, Woodrum, Loftis, Chellis, Stuart, Whatley, Leach, Barrett, Trotter, Harrison, Hamilton, Easterday, Allison and Davenport: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY SECURITIES, BY ADDING CHAPTER 30 SO AS TO AUTHORIZE THE CREATION OF A STATE SAVINGS BANK IN SOUTH CAROLINA; TO PROVIDE FOR ORGANIZATION OF, APPLICATION FOR AND APPROVAL OF, CORPORATE ADMINISTRATION OF, AND OPERATION OF A MUTUAL OR A STOCK STATE SAVINGS BANK; TO PROVIDE FOR CONVERSION OF A STATE SAVINGS BANK TO A FEDERAL BANK OR ASSOCIATION OR FROM A MUTUAL TO A STOCK SAVINGS BANK, OR FOR CONVERSION OF ANOTHER BANK OR ASSOCIATION TO A STATE SAVINGS BANK; TO PROVIDE FOR THE MERGER OF A STATE SAVINGS BANK WITH ANOTHER BANK OR ASSOCIATION; TO PROVIDE FOR VOLUNTARY DISSOLUTION; TO PROVIDE FOR REGULATION, SUPERVISION, CONSERVATORSHIP, AND RECEIVERSHIP BY THE STATE BOARD OF FINANCIAL INSTITUTIONS; TO PROVIDE FOR PROHIBITED PRACTICES AND PENALTIES FOR PARTICIPATION IN PROHIBITED PRACTICES; AND TO PROVIDE FOR LENDING AUTHORITY AND PROCEDURES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9420HTC.97), which was adopted.
Amend the bill, as and if amended, by deleting Section 34-30-130, SECTION 1, page 11, beginning on line 1, and inserting:
/Section 34-30-130. A state savings bank must obtain and maintain insurance on the deposit accounts of all members and customers from an insurance corporation created by an act of Congress. Before licensing of a state savings bank, articles of incorporation duly recorded under Section 34-30-120(C), are sufficient certification to the insuring corporation that the state savings bank is a legal corporate entity. The insurance must be obtained within the time limit prescribed in Section 34-30-140. Subject to the rules or regulations of the board, a state savings bank may obtain or participate in efforts to obtain insurance of deposits that is in excess of the amount eligible for federal insurance of accounts. This insurance is known as 'excess insurance'./
Amend further by deleting Section 34-30-1350, SECTION 1, page 40, beginning on line 4, and inserting:
/Section 34-30-1350. A state savings bank may invest in certificates of deposit, time-insured deposits, savings accounts, demand deposits, or withdrawable accounts of any banks, associations, credit unions, or state savings banks as are approved by the board of directors of the savings bank./
Amend title to conform.
Rep. GAMBLE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3591 -- Reps. Harrison, D. Smith, Limbaugh, Wilkins, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Bowers, G. Brown, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Harrell, Harvin, Haskins, Hawkins, Hinson, Jennings, Jordan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Maddox, Mason, McCraw, McKay, McMaster, Neilson, Phillips, Quinn, Rice, Riser, Robinson, Sandifer, Seithel, Sharpe, Simrill, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilkes, Witherspoon, Woodrum, Young, Young-Brickell and Martin: A BILL TO AMEND TITLE 28, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMINENT DOMAIN, BY ADDING CHAPTER 4 SO AS TO ENACT THE "SOUTH CAROLINA PROPERTY RIGHTS ACT".
Reps. HARRISON, D. SMITH, LIMBAUGH, J. SMITH, WOODRUM, SIMRILL, COBB-HUNTER, SANDIFER, ROBINSON, KNOTTS, CHELLIS, MEACHAM, CATO, CANTY, BREELAND, RHOAD, MACK, T. BROWN, CLYBURN and J. HINES requested debate on the Bill.
The following Bill was taken up.
H. 3862 -- Reps. Harrison, Rodgers, Edge, Koon, Limehouse, McMaster, Hawkins, H. Brown, Allison, Knotts, Meacham, Campsen, Barfield, Mason, Leach, Littlejohn, Young-Brickell, Cato, Sandifer, Law, Wilkins, Stuart, Woodrum, Simrill, Young, Kelley, Barrett, Sharpe, Whatley, Trotter, Vaughn, Cotty, D. Smith, Haskins, Loftis, Witherspoon, Harrell, Riser, Fleming, Martin and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-7-6890, 20-7-6895, 20-7-6900, AND 20-7-6905, SO AS TO ESTABLISH THE YOUTH INDUSTRIES PROGRAM WITHIN THE DEPARTMENT OF JUVENILE JUSTICE AUTHORIZING THE DEPARTMENT TO CONTRACT WITH PRIVATE INDUSTRIES TO PROVIDE SERVICES RELATIVE TO PACKAGING, MANUFACTURING, AND PROCESSING GOODS AND TO ESTABLISH THE MANUFACTURING AND PROCESSING OF GOODS FOR STATE ENTITIES AND TO MAKE IT UNLAWFUL IN THIS STATE TO SELL GOODS MADE BY JUVENILE OFFENDERS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 20-7-7815, RELATING TO THE PROHIBITION AGAINST COMMITTING TO THE DEPARTMENT OF JUVENILE JUSTICE A PERSON WHO IS SERIOUSLY HANDICAPPED BY MENTAL ILLNESS OR MENTAL RETARDATION, SO AS TO CHANGE THE REFERENCE FROM "PERSON" TO "JUVENILE" AND TO REQUIRE THE CONSENT OF THE JUVENILE PAROLE BOARD WHEN AN AGENCY TO WHICH A JUVENILE HAS BEEN COMMITTED SEEKS TO RELEASE THE CHILD; TO AMEND SECTION 20-7-8305, RELATING TO THE BOARD OF JUVENILE PAROLE, SO AS TO DELETE THE PROVISION THAT A JUVENILE HAS THE RIGHT TO APPEAR PERSONALLY BEFORE THE BOARD EVERY THREE MONTHS AND INSTEAD AUTHORIZE THE BOARD TO CONDUCT PAROLE HEARINGS BY TWO-WAY CLOSED CIRCUIT TELEVISION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7290AC.97), which was adopted.
Amend the bill, as and if amended, Section 20-7-6890, beginning on page 2, by deleting subsection (E) and inserting:
/"(E) All monies collected by the department from the sale or disposition of articles and products manufactured or produced or from services rendered by juveniles in the Youth Industries Program must be deposited into a special account designated 'Youth Industries Account'. The monies collected and deposited into this account must be used solely for the purchasing of manufacturing supplies, equipment, machinery, and buildings for the Youth Industries Program to pay the wages of the juveniles employed in the program and the salaries of the necessary personnel in the program, and to defray the necessary expenses of the program. The director must deduct from wages paid to a juvenile:
(1) state, federal, and local taxes;
(2) allocations for support of children pursuant to law, court order, or agreement by the committed juvenile; and
(3) contributions to any fund established by law to compensate the victims of crime of not more than twenty percent and not less than five percent of gross wages.
These deductions may not exceed eighty percent of gross wages."/
Amend the bill further, as and if amended, Section 20-7-6895, page 3, by deleting subsection (C) and inserting:
/"(C) The wages of a juvenile authorized to work in the Youth Industries Program, if paid other than by the department, must be paid directly to the Department of Juvenile Justice and credited to the juvenile's account. If the wages are paid by an entity other than the department, these wages must be paid directly to the department, and the department shall credit the wages to the juvenile's account. The director must deduct from wages paid to a juvenile:
(1) state, federal, and local taxes;
(2) allocations for support of children pursuant to law, court order, or agreement by the committed juvenile; and
(3) contributions to any fund established by law to compensate the victims of crime of not more than twenty percent and not less than five percent of gross wages.
These deductions may not exceed eighty percent of gross wages."/
Amend the bill further, as and if amended, SECTION 1, page 4, by inserting immediately after line 24:
/"Section 20-7-6910. There is created a fund within the Department of Juvenile Justice for the compensation of victims of crime. All contributions deducted from a juvenile's wages pursuant to Section 20-7-6890(E)(3) or 20-7-6895(C)(3) must be deposited into this fund. Of the amount contributed to the fund by each juvenile, ninety-five percent must be paid by the department on behalf of the juvenile as restitution to the victim or victims of the juvenile's adjudicated crime as ordered by the family court or the Juvenile Parole Board, and five percent must be submitted to the South Carolina Victim's Compensation Fund. If the amount of restitution ordered has been paid in full or if there is no victim of the juvenile's adjudicated crime, the juvenile's contributions must be submitted to the South Carolina Victim's Compensation Fund."/
Amend the bill further, as and if amended, by deleting Section 20-7-7815, as contained in SECTION 2, page 4 and inserting:
/Section 20-7-7815. (A) No person juvenile may be committed to an institution under the control of the Department of Juvenile Justice who is seriously handicapped by mental illness or retardation. If, after a person juvenile is referred to the Reception and Evaluation Center, it is determined that the person juvenile is mentally ill, as defined in Section 44-23-10, or mentally retarded to an extent that the person juvenile could not be properly cared for in its custody, the department may institute through the voluntary admission process or by instituting necessary legal action to may accomplish the transfer of the person juvenile to another state institution agency as which in its judgment is best qualified to care for the person juvenile in accordance with the laws of this State. This legal action must be brought in the juvenile's resident county of the subject person. The department shall establish standards with regard to the physical and mental health of persons which juveniles whom it can accept for commitment.
(B) When the state agency to which a juvenile is transferred determines that it is appropriate to release from commitment that juvenile, the state agency must submit a request for release to the Juvenile Parole Board. If the Juvenile Parole Board does not grant the request to release the juvenile, the juvenile must be placed in an environment consistent with the provisions of this section."/
Renumber sections to conform.
Amend title to conform.
Rep. YOUNG explained the amendment.
The amendment was then adopted.
Rep. YOUNG explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 269 -- Senators Setzler and Moore: A BILL TO AMEND CHAPTER 7, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION AND LICENSURE OF BARBERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF BARBERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15195AC.97), which was adopted.
Amend the bill, as and if amended, by striking Section 40-7-10, as contained in SECTION 1, at line 37 on page 12 through line 12 on page 13, and inserting:
/"Section 40-7-10. The State Board of Barber Examiners is established and consists of five members appointed by the Governor with the advice and consent of the Senate for terms of four years and until successors are appointed and qualify. Four members must be licensed barbers who have been engaged in the practice of barbering for at least five years in this State, and of these members at least two must be licensed as master haircare specialists. One member must be a member from the general public not connected with the practice of barbering. Nominations for the member from the general public may be submitted to the Nominations Committee by an individual, group, or association. The Nominations Committee shall give consideration to these nominations, and the appointment of this member must be made in accordance with Section 40-1-45. The member from the general public has all the rights and privileges of the other board members except the lay member may not participate in the examination of an applicant for a license. The Governor may remove a member in accordance with Section 1-3-240 and shall appoint a member to fill the unexpired portion of the term. A majority vote is required to exercise any function of the board."/
Amend the bill further, as and if amended, by striking Section 40-7-300(1), as contained in SECTION 1, on lines 3-5 on page 19, and inserting:
/"(1) notarized statements from previous employers establishing that the person has been licensed and actively has practiced barbering for the preceding calendar year;"/
Renumber sections to conform.
Amend title to conform.
Rep. LAW explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name P:\AMEND\PT\1241AC.97), which was adopted.
Amend the bill, as and if amended, Section 40-7-230(D), page 17, immediately after line 26 by inserting:
/(3) a cosmetologist licensed under Chapter 13 who has two or more years experience working as a cosmetologist. /
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4106 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, CONTRACTORS' LICENSING BOARD, RELATING TO APPLICATION FOR LICENSE; EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2152, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BAILEY explained the Joint Resolution.
S. 619 -- Senators Ryberg and Moore: A BILL TO AMEND SECTION 12-36-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF RETAIL SALE FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT VETERINARIANS ARE DEEMED TO BE THE USERS OR CONSUMERS OF TANGIBLE PERSONAL PROPERTY SOLD TO THE VETERINARIAN WHETHER USED IN THE RENDERING OF PROFESSIONAL SERVICES OR SOLD BY THE PRACTICE NOT AS PART OF A PROFESSIONAL SERVICE.
Rep. DANTZLER explained the Bill.
The following Bill was taken up.
S. 479 -- Senator Ravenel: 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.
Rep. SHARPE proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1257MM.97), which was adopted.
Amend the bill, as and if amended, page 479-9, beginning at line 26, by striking SECTION 7.
Renumber sections to conform.
Amend title to conform.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
Rep. SHARPE explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 637 -- Senators Peeler, Alexander and Lander: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GAME ZONES OF THIS STATE, SO AS TO REVISE THE COMPOSITION OF GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON FOR TAKING DEER IN GAME ZONES 1, 2, AND 4, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IN GAME ZONES 1, 2, AND 4 SHALL ESTABLISH THE METHODS FOR HUNTING AND TAKING OF DEER AND SHALL SET OTHER RESTRICTIONS FOR HUNTING AND TAKING DEER; TO AMEND SECTION 50-11-390, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DECLARE OPEN SEASONS AND SET BAG LIMITS AND METHODS OF HUNTING OF ANTLERLESS DEER, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT IN THIS REGARD; AND TO REPEAL SECTION 50-11-395 RELATING TO THE ISSUANCE OF ANTLERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.
Rep. SHEHEEN 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.
Upon the withdrawal of requests for debate by Reps. HAWKINS, HASKINS, ALTMAN and LOFTIS the following Bill was taken up.
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.
Reps. STUART, LITTLEJOHN and TOWNSEND proposed the following Amendment No. 2 (Doc Name P:\AMEND\GJK\20697SD.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 56-1-195. All students transported by a public school or governmental agency or their agent to or from public school in a vehicle designed or used to transport more than ten passengers, in addition to the driver, must be transported in a school bus as defined in Section 56-5-190 and requirements provided in Chapter 67, Title 59. All students transported, by a private school or their agent to or from private school in a vehicle designed or used to transport more than fifteen passengers, including the driver, must be transported in a school bus as defined in Section 56-5-190 and the requirements contained in Section 59-67-40. 'To and from school' means the transportation of the student between his residence and the school and student transportation that occurs during the school day to regular off-campus classroom sites. To and from school also includes any transportation of students that allows a student to exit or enter the school bus while the bus in on a roadway."
SECTION 2. Section 56-5-190 of the 1976 Code is amended to read:
"Section 56-5-190. Every A 'school bus' is a motor vehicle that complies with the color and identification requirements set forth in Section 59-67-30 and State Board of Education Regulations and Specifications Pertaining to School Buses which is designed or used to transport children more than ten passengers, in addition to the driver, to or from public school or in connection with related school activities, or both, but not including buses operated by common carriers not exclusively engaged in the transportation of school students and vehicles having school bus markings temporarily removed or covered, is a "school bus". A 'school bus' must comply with the applicable Federal Motor Vehicle Safety Standards and exhibit the color and identification requirements of the National Standards for School Transportation."
SECTION 3. This act takes effect July 1, 1998./
Renumber sections to conform.
Amend totals and title to conform.
Rep. STUART explained the amendment.
Reps. SIMRILL, KIRSH, WOODRUM and J. BROWN requested debate on the Bill.
Reps. F. SMITH, SIMRILL and CAMPSEN withdrew their requests for debate on H. 3526; however, other requests for debate remained upon the Bill.
Reps. MILLER, T. BROWN and SIMRILL withdrew their objections to and requests for debate on H. 3786; however, other objections and requests for debate remained upon the Bill.
Rep. J. BROWN withdrew his request for debate on H. 4042; however, other requests for debate remained upon the Bill.
Rep. YOUNG-BRICKELL withdrew her request for debate on H. 3652; however, other requests for debate remained upon the Bill.
On motion of Rep. LIMEHOUSE, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3789 -- Reps. Limehouse, Altman, Hawkins, Chellis, J. Brown, Easterday, Cato, Edge, Maddox, Beck, Webb, Tripp, Byrd, Whatley, Littlejohn, Riser, Inabinett and Harrell: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON TAKING CERTAIN FISH, SO AS TO DELETE SIZE LIMITATIONS FOR SPOTTED SEA TROUT AND RED DRUM; AND TO AMEND SECTION 50-17-520, AS AMENDED, RELATING TO LIMITS ON THE MAXIMUM NUMBER OF DAILY TAKE OF CERTAIN FISH, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AND ADJUST SIZE AND THE MAXIMUM NUMBER OF DAILY TAKE OF FISH WITHIN SPECIFIED LIMITS FOR TWELVE SPECIES OF SALTWATER FISH.
On motion of Rep. WITHERSPOON, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 106 -- Senator Passailaigue: A BILL TO AMEND SECTION 50-17-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES FOR TAKING MARINE LIFE FOR EXPERIMENTAL OR SCIENTIFIC PURPOSES, SO AS TO AUTHORIZE PERMITS FOR HOLDING AND PROPAGATION FACILITIES; AND TO AMEND SECTION 50-17-165 OF THE 1976 CODE, RELATING TO THE TAKING OR POSSESSING OF HORSESHOE CRABS, SO AS TO AUTHORIZE PERMITS ISSUED UNDER THIS SECTION TO INCLUDE PROVISIONS FOR HOLDING FACILITIES AND TO ALLOW HORSESHOE CRABS TO BE HELD IN FACILITIES APPROVED BY THE DEPARTMENT.
The following Concurrent Resolution was taken up.
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.
Rep. SHEHEEN moved to adjourn debate upon the Concurrent Resolution until Thursday, May 8, which was adopted.
The following Concurrent Resolution was taken up.
H. 4102 -- Reps. Bauer, Harvin and Pinckney: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME ONE-HALF MILE ON EITHER SIDE OF MILE MARKER 7 ON INTERSTATE 95 NEAR HARDEEVILLE TO HONOR THE MEMORY OF TROOPER FIRST CLASS MARK H. COATES OF THE SOUTH CAROLINA HIGHWAY PATROL WHO WAS KILLED IN THE LINE OF DUTY ON NOVEMBER 20, 1992.
Whereas, Trooper First Class Mark H. Coates of the South Carolina Highway Patrol was killed in the line of duty on November 20, 1992, five years to the day after he joined the Highway Patrol; and
Whereas, on November 20, 1992, while making what appeared to be a routine traffic stop on Interstate 95 at mile marker 7 near Hardeeville, Trooper Coates was fatally shot; and
Whereas, Trooper Coates was an exemplary law enforcement officer, dedicated to protecting the citizens of South Carolina and preserving the safety of our highways; and
Whereas, it is proper and fitting to name that portion of Interstate 95 at mile marker 7 in honor of the memory of Trooper First Class Mark H. Coates of the South Carolina Highway Patrol. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to name that portion of Interstate 95 one-half mile on each side of mile marker 7 near Hardeeville in honor of the memory of Trooper First Class Mark H. Coates and to erect appropriate markers or signs reflecting this designation.
Be it further resolved that copies of this resolution be forwarded to the South Carolina Department of Transportation and to the family of Trooper First Class Mark H. Coates.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. CATO.
The SPEAKER granted Rep. McMAHAND a leave of absence for the remainder of the day.
Rep. WILDER moved to adjourn debate upon the following Bill until Thursday, January 15, 1998, 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.
The following Bill was taken up.
H. 3786 -- Reps. Knotts, H. Brown, Young, Inabinett, Barrett, Battle, Bailey, Koon, Gourdine, Chellis, Young-Brickell, Law, Kinon, Cromer, Whatley, Riser, Leach, Bauer and Meacham: A BILL TO AMEND ARTICLE 4, CHAPTER 31, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCEALED WEAPONS PERMITS BY ADDING SECTION 23-31-240 SO AS TO PROVIDE THAT A JUDGE OR MAGISTRATE MAY CARRY A CONCEALABLE WEAPON ANYWHERE WITHIN THE STATE AFTER COMPLETING A SLED FIREARMS TRAINING COURSE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15133CM.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 4, Chapter 31, Title 23 of the 1976 Code is amended by adding:
"Section 23-31-240. Notwithstanding another provision contained in this article, an active, former, or retired Supreme Court justice, judge of the Court of Appeals, circuit court judge, family court judge, master-in-equity, probate court judge, magistrate, or municipal court judge, who possesses a valid permit pursuant to this article, may carry a concealable weapon anywhere within the State."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. YOUNG explained the amendment.
The amendment was then adopted.
Rep. YOUNG proposed the following Amendment No. 3 (Doc Name P:\AMEND\BBM\9404AC.97), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, by striking Section 23-31-240, SECTION 1, page 3786-1, and inserting:
/Section 23-31-240. Notwithstanding another provision contained in this article, the following persons, whether currently employed, formerly employed, or retired, who possess a valid permit pursuant to this article, may carry a concealable weapon anywhere within this State:
(1) Supreme Court justices;
(2) judges of the Court of Appeals;
(3) circuit court judges;
(4) family court judges;
(5) masters-in-equity;
(6) probate court judges;
(7) magistrates;
(8) municipal court judges; and
(9) federal judges./
Renumber sections to conform.
Amend totals and title to conform.
Rep. YOUNG explained the amendment.
Rep. KNOTTS spoke in favor of the amendment.
Rep. ALTMAN moved to recommit the Bill.
Rep. COTTY moved to table the motion to recommit.
Rep. KNOTTS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Barrett Bauer Beck Campsen Cato Chellis Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Loftis Maddox McCraw McKay McMaster Meacham Rice Riser Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stoddard Stuart Walker Webb Whatley Whipper Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Altman Battle Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cooper Gamble Govan Harvin Hines, J. Hodges Inabinett Jennings Keegan Kelley Kennedy Kirsh Lee Littlejohn Lloyd Mack Martin Mason McLeod Miller Moody-Lawrence Mullen Neilson Parks Rhoad Scott Sheheen Stille Townsend Vaughn Wilder Witherspoon
So, the motion to recommit was tabled.
Rep. SHEHEEN spoke against the amendment.
Rep. COBB-HUNTER spoke against the amendment.
Rep. SCOTT moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Battle Baxley Beck Boan Breeland Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cooper Dantzler Edge Gamble Gourdine Govan Haskins Hines, J. Hodges Jennings Keegan Kelley Kennedy Kirsh Lee Littlejohn Lloyd Mack Mason McLeod Miller Moody-Lawrence Mullen Neal Neilson Parks Rhoad Rodgers Scott Sheheen Smith, F. Smith, J. Vaughn Walker Whipper Wilder Witherspoon
Those who voted in the negative are:
Allison Askins Bailey Barrett Bauer Brown, G. Campsen Cato Chellis Cotty Cromer Davenport Delleney Easterday Felder Fleming Hamilton Harrell Harrison Harvin Hawkins Hinson Howard Inabinett Jordan Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Loftis Maddox Martin McCraw McKay McMaster Meacham Quinn Rice Riser Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Webb Whatley Wilkins Woodrum Young Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. T. BROWN proposed the following Amendment No. 4, which was tabled.
Amend H. 3786 by adding "legislators" to the list of persons in Section 23-31-240 who may carry a concealable weapon anywhere in-state.
Rep. T. BROWN explained the amendment.
Rep. YOUNG spoke against the amendment and moved to table the amendment.
Rep. T. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Campsen Carnell Cato Cave Chellis Clyburn Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Hodges Inabinett Jennings Jordan Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Maddox Mason McCraw McKay McLeod McMaster Meacham Moody-Lawrence Mullen Neilson Quinn Rhoad Rice Riser Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Altman Brown, G. Brown, J. Brown, T. Cobb-Hunter Cooper Townsend
So, the amendment was tabled.
I inadvertently voted no on Amendment #4 and intended to vote yes to table the amendment.
Rep. GRADY A. BROWN
Reps. KELLEY, HASKINS and WILKINS proposed the following Amendment No. 5 (Doc Name P:\AMEND\GJK\20701HTC.97), which was adopted.
Amend the report, as and if amended, page 3786-1, line 31, by striking /within the State/ and inserting /to, from, and in their place of business while in the performance of their job/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KELLEY explained the amendment.
Rep. HASKINS spoke in favor of the amendment.
Rep. LIMBAUGH spoke against the amendment.
Rep. YOUNG moved to table the amendment.
Rep. KELLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Beck Bowers Campsen Chellis Cotty Davenport Easterday Fleming Harrison Jordan Klauber Knotts Koon Limbaugh Limehouse Loftis Mason McKay McMaster Rice Riser Seithel Simrill Smith, D. Webb Whipper Woodrum Young
Those who voted in the negative are:
Allison Altman Bailey Barfield Barrett Battle Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Carnell Cato Cave Clyburn Cobb-Hunter Cromer Dantzler Delleney Edge Felder Gamble Gourdine Govan Hamilton Harrell Harvin Haskins Hawkins Hines, J. Hinson Hodges Inabinett Jennings Keegan Kelley Kennedy Kirsh Lanford Law Leach Littlejohn Lloyd Mack Maddox Martin McCraw McLeod Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Quinn Rhoad Rodgers Sandifer Scott Sharpe Sheheen Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Vaughn Walker Whatley Wilder Wilkins Witherspoon Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. LANFORD moved to reconsider the vote whereby Amendment No. 3 was adopted.
Rep. LANFORD spoke in favor of the motion to reconsider.
The motion to reconsider was rejected by a division vote of 32 to 50.
Rep. FLEMING proposed the following Amendment No. 8, which was tabled.
Amend H. 3786 by striking all after the enacting words and inserting:
/Section 1. Article 4, Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-240. Notwithstanding another provision contained in this article, an active Supreme Court Justice, Judge of the Court of Appeals, Circuit Court Judge, Family Court Judge, Master-in-Equity, Probate Court Judge, Magistrate, Municipal Court Judge, and Federal Judge, who possesses a valid permit pursuant to this article, may carry a concealed weapon in the courthouse or courtroom where they are presiding.
Section 2. This act takes effect upon approval by the Governor.
Rep. FLEMING explained the amendment.
Rep. KNOTTS moved to table the amendment.
Rep. FLEMING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Barfield Barrett Bauer Brown, T. Campsen Carnell Chellis Clyburn Cotty Cromer Dantzler Delleney Easterday Edge Felder Hamilton Harrell Harvin Hawkins Hinson Inabinett Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Mack McCraw McMaster Meacham Miller Parks Rhoad Rice Riser Robinson Sandifer Scott Seithel Sharpe Simrill Smith, F. Smith, R. Stille Stoddard Townsend Webb Whatley Whipper Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Allison Altman Battle Baxley Beck Boan Brown, G. Brown, J. Byrd Davenport Fleming Gamble Hines, J. Hodges Jennings Lee Limbaugh Loftis Maddox Martin Mason McLeod Moody-Lawrence Mullen Neal Neilson Quinn Rodgers Sheheen Smith, D. Smith, J. Spearman Stuart Vaughn Walker Wilder Young-Brickell
So, the amendment was tabled.
Rep. JENNINGS moved that the House do now adjourn.
Rep. BAILEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Battle Baxley Boan Bowers Breeland Brown, J. Byrd Carnell Cave Dantzler Delleney Howard Jennings Moody-Lawrence Parks Robinson Sheheen Smith, D. Spearman Wilder
Those who voted in the negative are:
Allison Askins Bailey Barfield Barrett Bauer Beck Brown, G. Campsen Cato Chellis Cotty Easterday Edge Felder Fleming Gamble Gourdine Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Inabinett Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limbaugh Littlejohn Loftis Mack Maddox Martin Mason McCraw McKay McMaster Meacham Mullen Neal Neilson Quinn Rice Riser Rodgers Sandifer Sharpe Smith, J. Smith, R. Stille Stoddard Stuart Townsend Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to adjourn.
Reps. HASKINS and WILKINS proposed the following Amendment No. 13 (Doc Name P:\AMEND\BBM\9404AC.97), which was adopted.
Amend the bill, as and if amended, by striking Section 23-31-240, SECTION 1, page 3786-1, and inserting:
/Section 23-31-240. Notwithstanding another provision contained in this article, the following persons, who possess a valid permit pursuant to this article, may carry a concealable weapon anywhere within this State, when carrying out the duties of their office:
(1) Supreme Court justices;
(2) judges of the Court of Appeals;
(3) circuit court judges;
(4) family court judges;
(5) masters-in-equity;
(6) probate court judges;
(7) magistrates;
(8) municipal court judges; and
(9) federal judges./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS explained the amendment.
The amendment was then adopted.
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 Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Brown, G. Brown, T. Campsen Cato Cave Chellis Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hinson Hodges Howard Inabinett Jennings Jordan Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin McCraw McKay McLeod McMaster Meacham Miller Mullen Neilson Parks Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Carnell Cobb-Hunter Kennedy Mason Moody-Lawrence Neal Sheheen
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. KINON moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4103 -- Reps. Wilkins, Haskins, 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, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young, Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE REVEREND DR. WILLIAM C. REID, PASTOR OF BUNCOMBE STREET UNITED METHODIST CHURCH IN GREENVILLE AND FATHER OF CHARLES REID, COUNSEL TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING DEEPEST SYMPATHY TO ALL THE MEMBERS OF THE REID FAMILY.
H. 4104 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO COMMEND MRS. CARRIE WHIPPER OF NORTH CHARLESTON FOR HER COURAGE AND COMPASSION IN HER DANGEROUS RESCUE OF AN ABANDONED WOMAN AND CHILDREN.
H. 4105 -- Reps. Cobb-Hunter, Felder, Govan, Sharpe, Stuart, 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, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Fleming, Gamble, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO RECOGNIZE DR. LEROY DAVIS, EIGHTH PRESIDENT OF SOUTH CAROLINA STATE UNIVERSITY IN ORANGEBURG, FOR HIS OUTSTANDING ACHIEVEMENTS AND TO EXTEND THE SINCERE WISHES OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO HIM AND TO THE UNIVERSITY FOR A SUCCESSFUL AND PRODUCTIVE TRANSITION INTO THE TWENTY-FIRST CENTURY.
H. 3411 -- Reps. Cromer, Bauer, Cobb-Hunter, Neilson, J. Smith, Stuart, Harrison, Scott, Howard, Knotts, Cotty, Neal, Koon, Riser, Gamble, Young, Spearman, McMaster, J. Brown, Wilkes, Byrd and Hodges: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PROVIDE FOR A NATIONAL CEMETERY TO BE LOCATED AT FORT JACKSON IN SOUTH CAROLINA.
H. 4075 -- Reps. Cobb-Hunter and Miller: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN OF SOUTH CAROLINA WHO DIED ON THE JOB BY DECLARING APRIL 28, 1997, "WORKERS' MEMORIAL DAY".
H. 3747 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 12, 1997, AND FRIDAY, JUNE 13, 1997.
H. 3363 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE THE TRADITIONAL FAMILY UNIT AS THE CORNERSTONE FOR FAMILY LIFE IN SOUTH CAROLINA AND TO RELY UPON THE TRADITIONAL FAMILY UNIT IN SHAPING PUBLIC POLICY IN THE STATE.
At 1:15 P.M. the House in accordance with the motion of Rep. WHIPPER adjourned in memory of Thelma Lucas of Liberty Hill Section of North Charleston, to meet at 10:00 A.M. tomorrow.
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