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 God without Whose guidance our best effort is but folly, stretch forth the hand of Your wisdom to give us the ability for our waiting tasks. Keep our relationships with one another marked with understanding and charity. Grant us such a measure of Your ability that we may think clearly, speak with knowledge and act creatively for the best interest of our great State. Let not self interest blind us to the highest good or self concern blot from our eyes the vision of truth or self seeking blur our concept of Your righteousness.
Lord, In Your mercy, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HAWKINS moved that when the House adjourns, it adjourn in memory of Malcomb Caldwell of Spartanburg, which was agreed to.
The following was received.
Columbia, S.C., May 8, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 56:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. D. SMITH, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3917 -- Rep. Klauber: A BILL TO AMEND SECTION 33-6-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS, SHARES AND DISTRIBUTIONS, AND SHARE OPTIONS, SO AS TO ADD PROVISIONS PROVIDING THAT IN THE CASE OF A PUBLIC CORPORATION THE TERMS AND CONDITIONS OF CERTAIN RIGHTS, OPTIONS, OR WARRANTS MAY INCLUDE RESTRICTIONS OR CONDITIONS THAT PRECLUDE OR LIMIT THE EXERCISE, TRANSFER, OR RECEIPT OF THE RIGHTS, OPTIONS, OR WARRANTS BY THE HOLDER OR HOLDERS OR BENEFICIAL OWNER OR OWNERS OF A SPECIFIED NUMBER OR PERCENTAGE OF THE OUTSTANDING VOTING SHARES OF THE PUBLIC CORPORATION.
Ordered for consideration tomorrow.
Rep. D. SMITH, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 340 -- Senator Leatherman: A BILL TO AMEND SECTION 12-54-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES BY THE STATE, SO AS TO INCREASE THE FINE FOR FILING A FALSE RETURN FOR DELAY PURPOSES, TO REQUIRE AWARD OF DAMAGES BY THE ADMINISTRATIVE LAW JUDGE RATHER THAN THE CIRCUIT COURT FOR FRIVOLOUS OR DILATORY PROCEEDINGS, AND TO REDUCE JAIL SENTENCE FROM ONE YEAR TO THIRTY DAYS FOR WILFULLY SUPPLYING FALSE WITHHOLDING INFORMATION TO EMPLOYER; TO AMEND SECTION 12-54-46, RELATING TO FILING OF FALSE EXEMPTION CERTIFICATE, SO AS TO DELETE THE LIMIT ON THE TOTAL PENALTY AMOUNT; TO AMEND SECTION 12-8-1030, RELATING TO DETERMINATION OF PROPER WITHHOLDING EXEMPTION BY THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE FOR AN ADMINISTRATIVE PROCEDURE FOR APPEALING THE DETERMINATION; AND TO REPEAL SECTION 12-54-45 RELATING TO THE PENALTY FOR SUPPLYING EMPLOYER WITH FALSE INFORMATION.
Ordered for consideration tomorrow.
Rep. D. SMITH, from the Committee on Judiciary, submitted a favorable report, with amendments, Rep. SIMRILL, for the minority, submitted an unfavorable report, on:
S. 381 -- Senator Holland: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATEMENTS OF INTENTION OF CANDIDACY, SO AS TO PROVIDE THAT IF A FILING DATE FALLS ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THESE DATES SHALL BEGIN OR END, AS APPROPRIATE, ON THE NEXT DAY WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY; AND TO AMEND SECTION 7-11-210, RELATING TO THE DEADLINE FOR FILING A NOTICE OF CANDIDACY AND PLEDGE, SO AS TO PROVIDE THAT IF MARCH THIRTIETH FALLS ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE NOTICE AND PLEDGE MUST BE FILED ON THE NEXT DAY WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 594 -- Senator Ryberg: A BILL TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BICYCLISTS, BY ADDING SECTION 56-5-3510, SO AS TO AUTHORIZE AN AUTHORIZED POLICE PATROL BICYCLE USED AS A PART OF A POLICE BICYCLE PATROL TO EXERCISE THE PRIVILEGES OF AN EMERGENCY VEHICLE, TO AUTHORIZE THE BICYCLE TO BE EQUIPPED WITH A SIREN OR THE OFFICER TO USE A WHISTLE, OR BOTH, AND TO AUTHORIZE THE BICYCLE TO ACT AS AN ACTING EMERGENCY VEHICLE IF IT MAKES USE OF AN AUTHORIZED AUDIBLE SIGNAL OR AUTHORIZED VISUAL SIGNALS; AND TO AMEND SECTION 56-5-3480, RELATING TO THE PROHIBITION ON THE USE OF SIRENS AND WHISTLES ON BICYCLES, SO AS TO EXEMPT AUTHORIZED POLICE PATROL BICYCLES FROM THIS PROHIBITION.
Ordered for consideration tomorrow.
The following was introduced:
H. 4118 -- Reps. J. Brown and Quinn: A CONCURRENT RESOLUTION CONGRATULATING MR. CRAIG D. MELVIN OF RICHLAND COUNTY ON BEING NAMED THE CITIZEN OF THE MONTH BY THE SOUTH CAROLINA HOUSE DISTRICT 73 CITIZEN RECOGNITION TASK FORCE AND FOR HIS MANY OUTSTANDING ACHIEVEMENTS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 731 -- Senator Anderson: A CONCURRENT RESOLUTION TO HONOR BISHOP WILLIAM EDWARD FULLER, SR., BY EXTENDING THE PORTION OF SOUTH CAROLINA HIGHWAY 81 IN GREENVILLE COUNTY PREVIOUSLY DESIGNATED IN HIS MEMORY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4119 -- Reps. Miller, Edge, G. Brown, Whipper, Seithel, Mullen, Hawkins, Delleney, Meacham, M. Hines, Kelley, Cotty, Inabinett, Walker, McMahand, Sheheen, McCraw, Battle, Phillips, T. Brown, Kennedy, Neal, Keegan, Rhoad, Govan, Witherspoon, Whatley, Fleming, Carnell, Knotts, Webb, Cromer, Lee, F. Smith, Allison, McLeod, J. Brown, Byrd, Boan, Hodges, Stille, Maddox, Townsend, Sandifer, Cave, Barrett, Riser, Moody-Lawrence, Robinson, D. Smith, Gourdine, Harvin, Bauer and Martin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO INDEBTEDNESS PAYABLE FROM REVENUE-PRODUCING PROJECTS AND FROM SPECIAL SOURCES, SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE INCURRANCE OF INDEBTEDNESS BY COUNTIES FOR REDEVELOPMENT PURPOSES AND TO PROVIDE FOR THE DEBT SERVICE OF SUCH INDEBTEDNESS TO BE PROVIDED FROM THE ADDED INCREMENT OF TAX REVENUES TO RESULT FROM THE PROJECT.
Rep. MILLER asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. KIRSH objected.
Referred to Committee on Ways and Means.
H. 4120 -- Rep. Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 31 SO AS TO PROVIDE FOR THE ISSUANCE OF INDEBTEDNESS BY COUNTIES IN CONNECTION WITH REDEVELOPMENT PROJECTS AND THE PAYMENT OF SUCH INDEBTEDNESS FROM ADDED INCREMENTS OF TAX REVENUES.
Referred to Committee on Ways and Means.
H. 4122 -- Reps. Battle and M. Hines: A BILL TO AMEND ACT 608 OF 1986, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR MARION COUNTY, SO AS TO PROVIDE FOR NINE COMMISSION MEMBERS INSTEAD OF SEVEN.
On motion of Rep. BATTLE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4123 -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE FOR THE CONTRIBUTION RATES WITH RESPECT TO THE COMPUTATION OF THE STATEWIDE RESERVE RATIO FOR EMPLOYER CONTRIBUTIONS TO THE STATE UNEMPLOYMENT COMPENSATION FUND FOR THE PERIOD JANUARY 1, 1998 THROUGH DECEMBER 31, 1998; TO PROVIDE FOR THE APPLICABILITY OF CERTAIN PROVISIONS OF LAW FOR THE SAME PERIOD; AND TO CREATE THE UNEMPLOYMENT INSURANCE STUDY COMMITTEE, PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND RELATED MATTERS, AND PROVIDE FOR ITS DISSOLUTION.
Without reference.
S. 564 -- Senator Martin: A BILL TO AMEND SECTION 12-24-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY FOR 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 AMEND SECTION 12-24-30, RELATING TO THE DEFINITION OF "VALUE" AS IT CONCERNS A DEED RECORDING FEE, SO AS 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 AMEND SECTION 12-24-40, RELATING TO EXEMPTIONS FROM A DEED RECORDING FEE, SO AS TO DELETE AND CLARIFY CERTAIN EXEMPTIONS FROM THE RECORDING FEE ON DEEDS AND TO REDEFINE "FAMILY"; AND TO AMEND SECTION 12-24-70, RELATING TO AFFIDAVITS REQUIRED FOR RECORDING A DEED, SO AS TO PROVIDE FOR CONTENTS OF AFFIDAVITS FILED IN CONNECTION WITH EXEMPT DEEDS.
Rep. HARRISON moved to waive Rule 5.12, which was agreed to by a division vote of 38 to 0.
Without reference.
S. 634 -- Senators Thomas and Holland: 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.
Referred to Committee on Judiciary.
On motion of Rep. BATTLE, with unanimous consent, it was ordered that H. 4122 be read the second time tomorrow.
The following was introduced:
H. 4121 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO COMMEND GERALD JAREN DAVIS OF ORANGEBURG COUNTY ON THE FULFILLMENT OF HIS LIFETIME DREAM-GRADUATION FROM THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF LAW ON FRIDAY, MAY 9, 1997.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. WEBB, with unanimous consent, the following was taken up for immediate consideration:
H. 4124 -- Reps. Webb, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, 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, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CLEMSON UNIVERSITY "TIGERS" MEN'S BASKETBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, MAY 28, 1997, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON AN OUTSTANDING SEASON.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Clemson University "Tigers" men's basketball team, coaches, and other school officials on Wednesday, May 28, 1997, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on an outstanding season.
The Resolution was adopted.
The following was introduced:
H. 4125 -- Reps. Webb, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, 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, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CLEMSON UNIVERSITY "TIGERS" MEN'S BASKETBALL TEAM ON AN OUTSTANDING 1996-97 EFFORT, ENDING THE SEASON AS THE HIGHEST RANKED TEAM IN CLEMSON HISTORY WITH A #8 RANKING IN THE FINAL USA/TODAY POLL, AND TO RECOGNIZE HEAD COACH RICK BARNES AND HIS STAFF FOR THE EXCEPTIONAL SEASON, LEADING ONLY THE THIRD TEAM IN CLEMSON HISTORY TO THE SWEET 16 ROUND IN THE NCAA NATIONAL TOURNAMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cromer Dantzler Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hinson Hodges Howard Inabinett Jennings 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 Meacham Miller Moody-Lawrence Mullen Neilson Parks Phillips Quinn Rhoad Rice Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, May 8.
Clementa C. Pinckney Fletcher Nathaniel Smith, Jr. G. Ralph Davenport, Jr. Joe McMaster Bradley L. Jordan Joseph H. Neal John G. Felder Bill Cotty John W. Riser
LEAVES OF ABSENCE
The SPEAKER granted Rep. CAMPSEN a leave of absence for the day due to unexpected business needs.
The SPEAKER granted Rep. M. HINES a leave of absence for the day.
Announcement was made that Dr. Frederick Reed of Charleston is the Doctor of the Day for the General Assembly.
Rep. D. SMITH and the Spartanburg Delegation presented to the House the Spartanburg High School Football Team, winners of the 1996 State Big 16 Championship, their coaches, support staff and school officials.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
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.
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 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.
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.
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.
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.
The following Joint Resolution was taken up.
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.
Rep. BAXLEY proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20710SD.97), which was adopted.
Amend the joint resolution, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Teachers and staff of the Darlington County School District are not required to make up the school days missed on September 5 and 6, 1996, during school year 1996-97 when the schools were closed due to hurricane conditions. For teachers and staff, these school days 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./
Amend the joint resolution further, as and if amended, by striking the title and inserting:
/TO PROVIDE THAT TEACHERS AND STAFF OF THE DARLINGTON COUNTY SCHOOL DISTRICT ARE NOT REQUIRED TO MAKE UP THE SCHOOL DAYS MISSED ON SEPTEMBER 5 AND 6, 1996, DURING SCHOOL YEAR 1996-97 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS./
Renumber sections to conform.
Amend totals and 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.
On motion of Rep. BAXLEY, with unanimous consent, it was ordered that H. 4114 be read the third time tomorrow.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered returned to the Senate with amendments.
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.
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.
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.
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.
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.
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.
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.
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.
The following Bill and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
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.
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.
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.
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. SCOTT proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20699CM.97), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. A committee is created to study the feasibility of creating a mass transportation system for the State of South Carolina. The committee shall develop a plan to implement practical forms of mass transportation to enhance the economic opportunities of all South Carolinians.
The committee is composed of:
(1) four persons appointed by the Speaker of the House of Representatives; and
(2) four persons appointed by the President Pro Tempore of the Senate.
The committee shall elect one of its members as chairman and other necessary officers. The committee shall meet as often as necessary for the discharge of its business before making its report to the General Assembly.
The members of the committee shall not receive per diem, subsistence, or reimbursement for mileage. The committee shall use the existing staff of the entities from which the membership of the committee is composed.
The committee shall report its findings to the General Assembly one year after the adoption of this resolution. At that time, the committee must be dissolved. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. SCOTT explained the amendment.
Rep. FLEMING raised a Point of Order that Amendment No. 1 was not germane to the Bill.
Rep. SCOTT argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. SHEHEEN raised a Point of Order that Amendment No. 1 was out of order in that the amendment was temporary in its effect and the Bill amended the permanent statutes of the State.
SPEAKER WILKINS sustained the Point of Order in accordance with House Rule 10.3 and ruled the amendment out of order.
Rep. TOWNSEND explained the Bill.
Rep. SCOTT proposed the following Amendment No. 3 (Doc Name P:\AMEND\GJK\20699CM.97), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. A committee is created to study the feasibility of creating a mass transportation system for the State of South Carolina. The committee shall develop a plan to implement practical forms of mass transportation to enhance the economic opportunities of all South Carolinians.
The committee is composed of:
(1) four persons appointed by the Speaker of the House of Representatives; and
(2) four persons appointed by the President Pro Tempore of the Senate.
The committee shall elect one of its members as chairman and other necessary officers. The committee shall meet as often as necessary for the discharge of its business before making its report to the General Assembly.
The members of the committee shall not receive per diem, subsistence, or reimbursement for mileage. The committee shall use the existing staff of the entities from which the membership of the committee is composed.
The committee shall report its findings to the General Assembly./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SCOTT explained the amendment.
Rep. TOWNSEND moved to table the amendment, which was agreed to by a division vote of 52 to 21.
Rep. SCOTT spoke against the Bill.
The Bill was read the second time and ordered to third reading.
Rep. TOWNSEND asked unanimous consent that S. 446 be read a third time tomorrow.
Rep. SCOTT objected.
Rep. CATO moved to adjourn debate upon the following Bill until Tuesday, May 13, which was adopted.
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 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. MULLEN proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15215SD.97), which was ruled out of order.
Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered which shall read:
/ SECTION _____. The 1976 Code is amended by adding:
"Section 50-21-136. There are established no wake zones on the following creeks and coves on Hilton Head Island in Beaufort County:
Broad Creek;
Old House Creek;
Bear Creek (also known as Park Creek);
Lawton Creek;
Jarvis Creek;
Braddock Cove;
Calibogue Creek (also known as Baynard Creek);
Folly Creek;
Fish Haul Creek (also known as Coggin Creek);
Point Comfort Creek.
The department shall specify the boundaries of the no wake zones on these creeks and coves. These boundaries must be marked clearly with signs. The signs must be designed and installed as specified by the department." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. MULLEN explained the amendment.
Rep. HINSON raised a Point of Order that Amendment No. 1 was not germane to the Bill.
Rep. MULLEN argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. SHARPE explained the Bill.
Rep. McLEOD proposed the following Amendment No. 2, which was tabled.
Page 2, line 28, amend the bill by omitting the words "Sundays excepted;"
Rep. McLEOD explained the amendment.
Rep. FLEMING spoke against the amendment.
Rep. SHARPE moved to table the amendment, which was agreed to.
Rep. HARRELL moved to adjourn debate upon the Bill until Tuesday, May 13, which was adopted.
Rep. CATO moved that the House recur to the morning hour, which was agreed to.
Rep. D. SMITH, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3094 -- Reps. Cromer, Meacham, Seithel, Bailey, Wilkes, Simrill, Stuart, J. Hines and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-630 SO AS TO PROVIDE THAT ASSAULT OF AN EMERGENCY MEDICAL SERVICE PROVIDER, FIREFIGHTER, OR HOME HEALTHCARE WORKER IS A FELONY, TO PROVIDE PENALTIES, AND TO PROVIDE THAT PROVISIONS OF THIS SECTION ARE SEVERABLE.
Ordered for consideration tomorrow.
Rep. D. SMITH, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3774 -- Reps. Limehouse, Mason, Seithel, Meacham, Koon, Young, Young-Brickell, Martin, Knotts, Gamble, Barrett, Whatley, Law, Battle, Davenport, Allison, McMaster, Riser, Cato, Campsen, Tripp and Littlejohn: A BILL TO AMEND SECTION 16-9-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPPOSING OR RESISTING A LAW ENFORCEMENT OFFICER, SO AS TO REVISE THE PENALTIES AND TO PROVIDE PENALTIES FOR OPPOSING OR RESISTING A LAW ENFORCEMENT OFFICER WHILE USING A WEAPON.
Ordered for consideration tomorrow.
The following was introduced:
H. 4126 -- Reps. J. Hines and M. Hines: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND LARRY DAVID MCCUTCHEON ON BEING APPOINTED DISTRICT SUPERINTENDENT OF THE CHARLESTON DISTRICT UNITED METHODIST CHURCH AND COMMENDING HIM ON HIS DISTINGUISHED CAREER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4127 -- Rep. Kirsh: A BILL TO AMEND SECTION 42-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, AND SECTION 42-1-50, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGE IN THIS STATE FOR THE PRECEDING FISCAL YEAR", SO AS TO PROVIDE THAT UNDER NO CIRCUMSTANCES OR CONDITIONS SHALL A BONUS AWARDED, GIVEN, OR PAID TO AN EMPLOYEE ON ANY BASIS OR FOR ANY REASON WHATSOEVER BE UTILIZED FOR THE CALCULATIONS UNDER THESE DEFINITIONS.
Referred to Committee on Labor, Commerce and Industry.
The following Bill was taken up.
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.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Rep. YOUNG made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7313AC.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 61-4-100 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-100. If a person is charged with a violation of Section 61-4-50 (the unlawful sale of beer or wine to minors), the minor must also be charged with a violation of Section 20-7-370 20-7-8920 (unlawful purchase or possession of beer or wine). In addition, if the minor violated Section 61-4-60 (false information as to age) or if an adult violated Section 61-4-80 (unlawful purchase of beer or wine for a person who cannot lawfully buy), these persons must also be charged with their violations.
Unless the provisions of this section are complied with, no person charged with a violation of Section 61-4-50 may be convicted of the offense.
Nothing in this section requires that charges made pursuant to this section be prosecuted to conclusion; but rather this determination must be made in the manner provided by law.
Nothing in this section requires a minor to be charged with a violation of Section 20-7-8920 or Section 61-4-60 if the minor purchases the beer or wine as part of an investigation being conducted by state or local law enforcement and the minor is eighteen years of age or older."
SECTION 2. This act takes effect upon approval by the governor./
Renumber sections to conform.
Amend title to conform.
Renumber sections to conform.
Amend totals and title to conform.
Rep. YOUNG explained the amendment.
The amendment was then adopted.
Rep. EASTERDAY explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. EASTERDAY, with unanimous consent, it was ordered that H. 3369 be read the third time tomorrow.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
Rep. HARRISON explained the Bill.
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.
Rep. KLAUBER explained the Bill.
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.
Rep. SHARPE explained the Bill.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3547 be read the third time tomorrow.
On motion of Rep. KLAUBER, with unanimous consent, it was ordered that H. 3549 be read the third time tomorrow.
On motion of Rep. SHARPE, with unanimous consent, it was ordered that S. 106 be read the third time tomorrow.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9406JM.97), which was adopted.
Amend the bill, as and if amended, SECTION 1, page 1, by striking Section 47-3-640, as contained at lines 27 through 38, and inserting:
/"Section 47-3-640. (A) Canines certified to work with law enforcement officers or fire service personnel for the purpose of fire investigations, training, or other related purposes must be permitted to stay overnight with such officials when they are staying in a place of public accommodations on official business. No extra charge may be made for the certified canine; however, the employer of the official in the accompany of the canine is liable for any damage done to the premises or facilities by the certified canine. In a nonemergency situation, the law enforcement or fire service agency shall notify the manager of the place of public accommodations at the time of making the reservation for the law enforcement officer or fire service personnel that a certified canine will accompany the law enforcement officer or fire service personnel.
(B) A person who refuses to allow law enforcement officers or fire service personnel to stay overnight on official business in a place of public accommodations accompanied by a certified canine is subject to a civil fine not exceeding one hundred dollars for each violation.
(C) Hotels which operate for the express purpose of renting individually owned private dwellings are exempt from this section."/
Amend title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
Rep. MOODY-LAWRENCE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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".
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.
The following Bill was taken up.
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.
Rep. KLAUBER explained the Bill.
Rep. MOODY-LAWRENCE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Rep. KLAUBER explained the Bill.
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.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7302AC.97), which was adopted.
Amend the bill, as and if amended, Section 12-51-40(a), page 1, lines 38 and 41, by deleting / or record/ and inserting /owner of record current owner of record/.
Amend further, Section 12-51-40(a), page 2, line 2, by deleting /and/ and inserting /and or /.
Amend further, Section 12-51-40(b), page 2, line 9, by deleting /owner of record's/ and inserting /current owner of record's/.
Amend further on page 2, line 13 and page 3, lines 16 and 19 by deleting owner of record and inserting /current owner of record/.
Amend further, Section 12-51-40(a), page 2, by deleting line 14 and inserting /receipt or to a more correct address known to an address of which the officer has actual knowledge, by 'certified/.
Amend further, Section 12-51-40(b), page 2, by deleting line 19 and inserting /receipt or to a more correct address known an address of which the officer has actual knowledge. All/
Renumber sections to conform.
Amend title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
Rep. MOODY-LAWRENCE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Rep. KLAUBER explained the Bill.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
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.
Rep. DAVENPORT made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
S. 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.
Rep. DAVENPORT made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 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.
Rep. LIMEHOUSE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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 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.
Whereas, W. M. and Mabel Riddle were married in 1936 and purchased fifty-two acres of land at the corner of Fork Shoals Road and Log Shoals Road; and
Whereas, the Riddles built their family home, raised their two daughters, and lived their entire married lives on that site, less than a mile from the bridge over the Reedy River; and
Whereas, Mr. Riddle, with the help and support of his wife, established Southern Pride Dairy, farmed, operated a sawmill and built a small corner grocery store; and
Whereas, Mr. and Mrs. Riddle, devoted to their church, were most kind and very generous to the families that helped work their land, providing meals and tenant housing, and they treated neighbors and others in the community with equal generosity, providing assistance with medical and educational expenses, interest-free loans, and in-kind assistance on many occasions; and
Whereas, it is proper and fitting to name the bridge over the Reedy River on Log Shoals Road after the Riddles, both now deceased, who were pillars of the community and who contributed in countless ways to better the lives and welfare of their neighbors and community. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly, by this resolution, requests 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 honor of W. M. and Mabel Riddle and to erect appropriate markers or signs reflecting this designation.
Be it further resolved that a copy of this resolution be forwarded to the family of W. M. and Mabel Riddle, in care of Mrs. Dorothea Thomasson, 430 Log Shoals Road, Greenville, South Carolina 29607.
Rep. TRIPP explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. HASKINS.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
The following Bill was taken up.
S. 559 -- Senators Setzler and Bryan: A BILL TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTENT AND GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS, SO AS TO FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES; SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES; SECTION 59-26-30, AS AMENDED, RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH TEACHERS ARE ASSISTED, CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL SECTION 59-26-80 RELATING TO THE EDUCATION ENTRANCE EXAMINATION.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15167SD.97), which was adopted.
Amend the bill, as and if amended, by striking subsection (C) of Section 59-26-40 of the 1976 Code, as contained in SECTION 4, page 20, and inserting:
/"(C) At the end of the one-year induction contract period, a teacher who successfully completes the induction year, as determined by the local school district, shall become eligible for employment at the annual contract level. A teacher who, in the opinion of the local school district, is not ready for employment at the annual contract level, shall become eligible for employment under a one-year provisional contract. At the discretion of the local school district in which the induction teacher was employed, the district may employ the teacher eligible for an annual contract under a one-year annual contract and may employ the teacher eligible for a provisional contract under a one-year provisional contract or the district may terminate his employment. If employment is terminated, the teacher may seek employment in another school district at the contract level for which the teacher is eligible. No person may be employed as an induction teacher or as a provisional teacher for more than one year. This subsection does not preclude his employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education. During the induction and provisional contract periods, the employment dismissal provisions of Article 3, Chapter 19, and Article 5, Chapter 25 of this title do not apply."/
Amend the bill further, as and if amended, by striking subsection (D) of Section 59-26-40 of the 1976 Code, as contained in SECTION 4, page 20, and inserting:
/"(D) Provisional contract teachers must be evaluated and assisted with a process developed or adopted by the local school district in accordance with State Board of Education regulations. Teachers employed under a provisional contract must also complete an individualized professional growth plan established by the school or district. Professional growth plans shall be supportive of district strategic plans and school renewal plans. At the end of the provisional contract year if a teacher has successfully completed the formal evaluation process and the professional growth plan, the teacher becomes eligible for employment at the annual contract level. At the discretion of the school district in which the teacher was employed, the district may employ the teacher under an annual contract or terminate his employment. If employment is terminated, the teacher may seek employment in another school district at the annual contract level. If a teacher did not successfully complete the formal evaluation process or the professional growth plan, the teacher shall not be employed as a classroom teacher in any public school in this State for a minimum of two years. Prior to becoming re-eligible for employment, the teacher must complete six units of credit for certificate renewal and six units of credit for remediation of identified deficiencies. Upon completion of these requirements, the teacher is eligible for employment under a provisional contract for one more year. This subsection does not preclude his employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education."/
Amend the bill further, as and if amended, by striking subsection (F) of Section 59-26-40 of the 1976 Code, as contained in SECTION 4, pages 20 and 21, and inserting:
/"(F) At the end of a first annual contract year, if a teacher has successfully completed the evaluation process and it is the opinion of the school district that the teacher's performance during the first annual contract year was sufficiently high based on criteria established by the local board of trustees, the teacher becomes eligible for employment at the continuing contract level. At the discretion of the school district in which the teacher is employed, the district may employ the teacher under a continuing contract or terminate the teacher's employment. If employment is terminated, the teacher may seek employment in another school district. At the discretion of the next hiring district, the teacher may be employed at the annual or continuing contract level. If at the end of the first annual contract year a teacher did not successfully complete the evaluation process or if it is the opinion of the school district that the teacher's performance during the first annual contract year was not sufficiently high based on criteria established by the local board of trustees, the teacher is eligible for employment under a second annual contract. At the discretion of the school district, the district may employ the teacher under a second annual contract or terminate his employment. If employment is terminated, the teacher may seek employment in another school district at the annual contract level."/
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. WALKER spoke in favor of the amendment.
The amendment was then adopted.
Rep. ALTMAN spoke against the Bill.
Rep. HARRELL proposed the following Amendment No. 4 (Doc Name P:\AMEND\BBM.\9452CM.97), which was adopted.
Amend the bill, as and if amended, Section 2, Section 59-26-20(e)(3), page 559-4, by striking lines 22-26 and inserting /no further administrations of the examination shall be allowed./
Amend title to conform.
Rep. HARRELL explained the amendment.
Rep. SCOTT moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Byrd Clyburn Cobb-Hunter Felder Harvin Hines, J. Howard Kennedy Lloyd Mack Moody-Lawrence Neal Pinckney Scott Smith, F.
Those who voted in the negative are:
Allison Altman Askins Bailey Barrett Battle Bauer Baxley Beck Boan Brown, G. Brown, J. Brown, T. Carnell Cato Cave Chellis Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Govan Hamilton Harrell Harrison Haskins Hinson Hodges Jordan Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Loftis Maddox Martin Mason McCraw McLeod McMahand McMaster Meacham Miller Mullen Neilson Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sheheen Simrill Smith, J. Smith, R. Spearman Stille Stuart Townsend Tripp Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon 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. NEAL proposed the following Amendment No. 5, which was adopted.
Amend committee report to insert after "established by" on line 9, page 3, "the State Department of Education and"
Rep. NEAL explained the amendment.
Rep. WALKER spoke in favor of the amendment.
The amendment was then adopted.
Reps. HINSON and TOWNSEND spoke in favor of the Bill.
Rep. KELLEY moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill.
The Senate returned to the House with concurrence the following:
H. 4109 -- Reps. Koon, Stuart, Spearman, Riser, Gamble, Knotts and Bauer: A CONCURRENT RESOLUTION RECOGNIZING WALTER P. RAWL & SONS FARM AND THE MEMBERS OF THE RAWL FAMILY OF GILBERT, LEXINGTON COUNTY, FOR THEIR OUTSTANDING CONTRIBUTIONS TO SOUTH CAROLINA AGRICULTURE AND FOR THEIR DEDICATED SERVICE TO THE CITIZENS OF SOUTH CAROLINA.
H. 4110 -- Reps. Cotty, Sheheen, Boan and Baxley: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE LUGOFF-ELGIN HIGH SCHOOL "DEMONS" WRESTLING TEAM OF KERSHAW COUNTY ON WINNING THE 1997 CLASS AAA STATE CHAMPIONSHIP.
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.
At 12:25 P.M. the House in accordance with the motion of Rep. HAWKINS adjourned in memory of Malcomb Caldwell of Spartanburg, to meet at 10:00 A.M. tomorrow.
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