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:
Good and gracious Father God, we thank You for the assurance of Your concern and compassion in our every situation. Sometimes we forget that You are near. Forgive us when we forget; strengthen us when we weaken; keep us ever mindful of Your abiding presence. Stimulate our minds and energize our bodies for whatever circumstances we may face. Give us the desire to be and to do as You point the way in Your Word.
Thank You, Lord, for this privilege of 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. WILDER moved that when the House adjourns, it adjourn in memory of L.L. Copeland of Clinton, which was agreed to.
The following was received.
Columbia, S.C., May 13, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has been granted free conference powers and has appointed Senators Moore, Passailaigue and Giese of the Committee of Free Conference on the part of the Senate on S. 70:
S. 70 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 13, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 70:
S. 70 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.
Very respectfully,
President
The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The following was received and referred to the appropriate committee for consideration.
Document No. 2196
Promulgated By South Carolina Law Enforcement Division
Statutory Authority: 1976 Code Section 23-31-210
Concealable Weapons Permit
Received By Speaker May 13, 1997
Referred to House Committee on Judiciary
120 Day Review Expiration Date September 10, 1997
(Subject to Sine Die Revision)
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 458 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL GROUP HEALTH INSURANCE, SO AS TO REVISE CERTAIN DEFINITIONS AND ADD NEW DEFINITIONS; TO AMEND SECTION 38-71-940, AS AMENDED, RELATING TO PREMIUM RATES AND RATING FACTORS FOR HEALTH INSURANCE PLANS AND THE PROHIBITION OF INVOLUNTARY BUSINESS CLASS TRANSFER, SO AS TO USE AN INDEX RATE VERSUS AN ACTUARIAL BASE RATE AS A MEASURE OF THE "AVERAGE RATE", TO STRENGTHEN ACTUARIAL CERTIFICATION REQUIREMENTS, TO ALLOW RATE VARIATION FROM THE INDEX RATE, TO LIMIT THE INDEX RATE VARIATION FOR A CLASS OF BUSINESS, TO CHANGE THE PROVISIONS FOR PREMIUM RATE INCREASES TO ALLOW AN ANNUAL ADJUSTMENT DUE TO CLAIM EXPERIENCE, HEALTH STATUS, OR DURATION OF COVERAGE, TO ADD GROUP SIZE AS A CASE CHARACTERISTIC AND DELETE IT AS MEANS OF CREATING A CLASS OF NEW BUSINESS; AND TO AMEND SECTION 38-71-960, AS AMENDED, RELATING TO DISCLOSURE TO SMALL EMPLOYERS IN SOLICITATION AND SALES MATERIAL FOR HEALTH INSURANCE, SO AS TO EXPAND INFORMATION REQUIRED TO BE DISCLOSED.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 451 (Word version) -- Senators McConnell and Giese: A BILL TO REPEAL SECTION 2, ACT 394 OF 1994, RELATING TO THE THREE-YEAR PROSPECTIVE REPEAL WHICH PROHIBITS A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3966 (Word version) -- Reps. Trotter, Breeland, Chellis, Meacham, Hinson, Riser, Sandifer, Cooper, F. Smith, Barrett, McMahand, Webb, Stille, Fleming, Robinson, Law, Dantzler, Cato, Leach, Loftis, Kelley, Townsend, Kirsh, Lanford, Edge and Witherspoon: A BILL TO AMEND SECTIONS 58-35-40, 58-35-60, 58-35-80, AND 58-35-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, REVISE A NOTICE OF INTENT TO EXCAVATE OR DEMOLISH THAT MUST BE SERVED, TO REVISE THE DEFINITION OF "THE APPROXIMATE LOCATION OF UNDERGROUND UTILITIES", AND TO PROVIDE A LIABILITY PROVISION FOR A PERSON WHO DAMAGES AN UNDERGROUND UTILITY BELONGING TO AN OPERATOR WHO IS NOT A MEMBER OF CERTAIN ASSOCIATIONS FOR MUTUAL RECEIPT OF NOTICE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 303 (Word version) -- Senators Courtney and Land: A BILL TO AMEND SECTION 42-1-415, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBMISSION OF DOCUMENTATION TO THE WORKERS' COMPENSATION COMMISSION THAT A CONTRACTOR OR SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A HIGHER TIER SUBCONTRACTOR, CONTRACTOR, OR PROJECT OWNER AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE CONTRACTOR OR SUBCONTRACTOR WAS ENGAGED TO PERFORM WORK, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE AND PROVIDE, AMONG OTHER THINGS, THAT IF A CONTRACTOR OR SUBCONTRACTOR HAS SO REPRESENTED HIMSELF AND THAT IF THAT EMPLOYER IS UNINSURED, REGARDLESS OF THE NUMBER OF EMPLOYEES THE EMPLOYER HAS, THE HIGHER TIER SUBCONTRACTOR, CONTRACTOR, PROJECT OWNER, OR HIS INSURANCE CARRIER SHALL IN THE FIRST INSTANCE PAY ALL AWARDS OF COMPENSATION AND MEDICAL BENEFITS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3857 (Word version) -- Rep. Felder: A BILL TO AMEND SECTION 20-7-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL ABUSE AND NEGLECT, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO INVESTIGATE SUCH ABUSE AND NEGLECT, TO PROVIDE THE DEPARTMENT WITH THE POWERS PROVIDED FOR INVESTIGATION OF ABUSE AND EXPLOITATION OF VULNERABLE ADULTS, AND TO REMOVE FROM THE OMBUDSMAN IN THE OFFICE OF THE GOVERNOR AND ASSIGN TO THE DEPARTMENT THE AUTHORITY TO INVESTIGATE ALLEGATIONS OF ABUSE AND NEGLECT OCCURRING IN HEALTH FACILITIES LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3971 (Word version) -- Reps. Campsen, Woodrum, Young, Klauber, Altman and Harrison: A BILL TO AMEND SECTION 62-1-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF THE PROBATE CODE, SO AS TO CLARIFY THAT SUBSTANTIVE RIGHTS IN AN ESTATE ARE DETERMINED BY THE LAW IN EFFECT AT THE DATE OF DEATH; TO AMEND SECTION 62-1-201, RELATING TO THE DEFINITION OF "MINOR", SO AS TO EXCLUDE THOSE PERSONS UNDER THE AGE OF EIGHTEEN WHO ARE EITHER MARRIED OR EMANCIPATED; TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO SUBJECT MATTER JURISDICTION OF THE PROBATE COURT, SO AS TO PROVIDE THE PROBATE COURT EXCLUSIVE ORIGINAL JURISDICTION OVER ACCOUNTS AND DISPUTES ARISING UNDER THE UNIFORM GIFTS TO MINORS ACT; TO AMEND SECTION 62-1-308, AS AMENDED, RELATING TO APPEALS, SO AS TO PROVIDE FOR ALLOWING PARTIES NOT IN DEFAULT TO APPEAL DIRECTLY TO THE SOUTH CAROLINA SUPREME COURT; TO AMEND SECTION 62-1-403, RELATING TO THE REPRESENTATIVE CAPACITY OF PARENTS, SO AS TO ADD "UNBORN CHILD"; TO AMEND SECTION 62-2-109, AS AMENDED, RELATING TO THE MEANING OF "CHILD", SO AS TO CLARIFY WHEN AND HOW PATERNITY MAY BE ESTABLISHED; TO AMEND SECTION 62-2-302, AS AMENDED, RELATING TO PRETERMITTED CHILDREN, SO AS TO SUBSTITUTE "SPOUSE" FOR "PARENT OF THE OMITTED CHILD"; TO AMEND SECTION 62-2-501, RELATING TO WHO MAY MAKE A WILL, SO AS TO PROHIBIT MINORS, AS DEFINED IN SECTION 62-1-201 FROM MAKING A WILL; TO AMEND SECTION 62-2-802, RELATING TO THE DEFINITION OF "SURVIVING SPOUSE", SO AS TO NOT INCLUDE A COMMON LAW SPOUSE UNLESS HE OR SHE HAS BEEN ESTABLISHED AS SUCH BY AN ADJUDICATION COMMENCED WITHIN A SPECIFIED PERIOD; TO AMEND SECTION 62-2-803, RELATING TO THE EFFECTS OF HOMICIDE ON INTESTATE SUCCESSION, SO AS TO PROVIDE THAT A KILLER WHO DIES WITHIN ONE HUNDRED AND TWENTY HOURS OF THE DECEDENT IS CONSIDERED TO HAVE PREDECEASED THE DECEDENT; TO AMEND SECTION 62-3-203, AS AMENDED, RELATING TO THE PRIORITY AMONG PERSONS SEEKING APPOINTMENT AS A PERSONAL REPRESENTATIVE, SO AS TO REALIGN LANGUAGE CONVEYING THE PRIORITY OF A NOMINATOR TO THE NOMINEE WITH THE QUALIFICATION THAT PERSONS NOMINATED BY THE DECEDENT SHALL HAVE THE HIGHEST PRIORITY; TO AMEND SECTION 62-3-603, AS AMENDED, RELATING TO BOND REQUIRED OF PERSONAL REPRESENTATIVES, SO AS TO CLARIFY WHEN BOND IS REQUIRED; TO AMEND SECTION 62-3-610, RELATING TO THE TERMINATION OF APPOINTMENT OF A PERSONAL REPRESENTATIVE, SO AS TO CLARIFY THE PROCESS FOR RESIGNATION OF A PERSONAL REPRESENTATIVE; TO AMEND SECTION 62-3-614, RELATING TO THE APPOINTMENT OF A SPECIAL ADMINISTRATOR, SO AS TO PROVIDE FOR INFORMAL APPOINTMENT UPON THE APPLICATION OF A CREDITOR OF THE DECEDENT'S ESTATE; TO AMEND SECTION 62-3-719, AS AMENDED, RELATING TO THE COMPENSATION OF A PERSONAL REPRESENTATIVE, SO AS TO CLARIFY THAT COMPENSATION IS BASED UPON THE VALUE OF THE PROBATE ESTATE; TO AMEND SECTION 62-3-914, AS AMENDED, RELATING TO THE DISPOSITION OF UNCLAIMED ASSETS, SO AS TO DELETE THE TIME REQUIREMENT FOR FIRST NOTICE AND TO PROVIDE THAT UNCLAIMED DEVISES OF ONE HUNDRED DOLLARS OR LESS MAY BE TRANSFERRED TO THE SOUTH CAROLINA STATE TREASURER; TO AMEND SECTION 62-3-1001, RELATING TO PETITION FOR SETTLEMENT, SO AS TO CLARIFY THAT THE PROPOSAL FOR DISTRIBUTION PERTAINS ONLY TO ASSETS NOT YET DISTRIBUTED; TO AMEND SECTION 62-3-1101, RELATING TO THE EFFECT OF APPROVAL OF AGREEMENTS INVOLVING TRUSTS, INALIENABLE INTERESTS, OR INTERESTS OF THIRD PERSONS, SO AS TO CLARIFY THAT SETTLEMENTS PURSUANT TO THIS SECTION NEED NOT COMPLY WITH SECTION 62-5-433; TO AMEND SECTION 62-5-103, AS AMENDED, RELATING TO PAYMENT OR DELIVERY TO A MINOR OR INCAPACITATED PERSON, SO AS TO CLARIFY FOR WHAT PURPOSES SUMS RECEIVED ON BEHALF OF THE MINOR OR INCAPACITATED PERSON MAY BE USED; TO AMEND SECTION 62-5-104, RELATING TO THE DELEGATION OF A GUARDIAN'S POWERS, SO AS TO PROVIDE FOR THE POWERS TO BE DELEGATED TO ANOTHER PERSON FOR A PERIOD NOT TO EXCEED THIRTY DAYS; TO AMEND SECTION 62-5-310, AS AMENDED, RELATING TO TEMPORARY GUARDIANS, SO AS TO REQUIRE A HEARING TO REVIEW THE APPOINTMENT OF A TEMPORARY GUARDIAN WITHIN THIRTY DAYS OF THAT APPOINTMENT; TO AMEND SECTION 62-5-405, RELATING TO NOTICE OF APPOINTMENT OF A CONSERVATOR, SO AS TO REQUIRE THAT ONLY THE PERSON TO BE PROTECTED BE SERVED PERSONALLY WITH NOTICE AT LEAST TWENTY DAYS BEFORE THE HEARING; TO AMEND SECTION 62-5-424, RELATING TO THE POWERS OF THE CONSERVATOR, SO AS TO PROVIDE FOR LIMITED POWERS OF THE CONSERVATOR TO THOSE SET FORTH IN THE SECTION AND TO PROVIDE THAT A CONSERVATOR, WITH COURT APPROVAL, MAY ENCUMBER ASSETS FOR PERIODS WITHIN OR BEYOND HIS TERM OF CONSERVATORSHIP; TO AMEND SECTION 62-5-425, RELATING TO DISTRIBUTIVE DUTIES AND POWERS OF THE CONSERVATOR, SO AS TO CLARIFY THAT ONLY MAJORITY OR EMANCIPATION RESULTING FROM A PROCEEDING BEGUN PRIOR TO THE BEGINNING OF THE CONSERVATORSHIP, AND NOT MARRIAGE, END A CONSERVATORSHIP; TO AMEND SECTION 62-5-428, RELATING TO CLAIMS AGAINST PROTECTED PERSONS, SO AS TO PROVIDE THAT ANY CLAIM DENIED BY THE CONSERVATOR REMAINS BARRED UNLESS THE CLAIMANT FILES A PETITION WITH THE COURT WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE OF THE DISALLOWANCE; TO AMEND SECTION 62-5-501, AS AMENDED, RELATING TO POWERS OF ATTORNEY NOT AFFECTED BY DISABILITY, SO AS TO DELETE THE COURT'S REQUIREMENT OF AN INVENTORY AND A SURETY BOND; TO AMEND SECTION 62-7-705, AS AMENDED, RELATING TO THE RESIGNATION OF A TRUSTEE, SO AS TO PROVIDE FOR RESIGNATION ONLY UPON SPECIFIED CONDITIONS; TO AMEND SECTION 20-1-550, RELATING TO SERVICE UPON A NONRESIDENT OR ABSENT DEFENDANT IN AN ACTION TO ANNUL A MARRIAGE, SO AS TO ELIMINATE THE DUTY OF THE PLAINTIFF TO FORWARD NOTICE TO THE PROBATE COURT; TO AMEND SECTION 20-7-150, RELATING TO DEFINITIONS UNDER THE UNIFORM GIFTS TO MINORS ACT, SO AS TO CLARIFY THE DEFINITIONS OF "COURT" AND "MINOR"; AND TO REPEAL SECTION 14-23-650, RELATING TO THE DESCRIPTION OF DEVISED LANDS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 40 (Word version) -- Senators J. Verne Smith, Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5655 SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF RECORDS OF CLIENTS AND POTENTIAL CLIENTS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN DIVISION, OFFICE OF THE GOVERNOR, AND TO PROVIDE EXCEPTIONS AND PENALTIES; AND TO REPEAL SECTION 20-7-5630 RELATING TO THE ADVISORY COUNCIL TO THE CONTINUUM OF CARE DIVISION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, Rep. FLEMING, for the minority, submitted an unfavorable report, on:
S. 251 (Word version) -- Senators Lander, Short, Courson, McConnell, Leatherman, Moore, Rankin, Wilson, Bryan and Martin: A BILL TO AMEND SECTION 7-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTESTS AND CONTESTS, SO AS TO DELETE MEMBERS OF THE HOUSE OF REPRESENTATIVES FROM THE LIST OF OFFICERS WHO MUST FILE PROTESTS WITH THE CHAIRMAN OF THE COUNTY PARTY EXECUTIVE COMMITTEE; TO AMEND SECTION 7-17-530, RELATING TO HEARINGS BY A COUNTY PARTY EXECUTIVE COMMITTEE, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL PAY FOR THE COSTS OF THE COURT REPORTER AND TRANSCRIPTS OF THE HEARING AND TO FURTHER PROVIDE THAT A TRANSCRIPT MUST BE FILED WITH THE STATE EXECUTIVE COMMITTEE; TO AMEND SECTION 7-17-550, RELATING TO THE HEARING OF APPEALS BY THE STATE EXECUTIVE COMMITTEE, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL PAY FOR THE COSTS OF THE COURT REPORTER AND THE TRANSCRIPT OF THE HEARING; AND TO AMEND SECTION 7-17-560, RELATING TO THE HEARING OF CERTAIN PROTESTS AND CONTESTS, SO AS TO PROVIDE THAT THE STATE EXECUTIVE COMMITTEE SHALL HEAR AND DECIDE PROTESTS AND CONTESTS FOR THE OFFICES OF STATE SENATE AND HOUSE OF REPRESENTATIVES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 397 (Word version) -- Senators J. Verne Smith, Fair, Thomas and Bryan: A BILL TO AMEND SECTION 4-1-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MULTI-COUNTY INDUSTRIAL AND BUSINESS PARKS, SO AS TO REQUIRE THE PRIOR CONSENT OF A MUNICIPALITY ALL OR A PORTION OF WHICH IS TO BE INCLUDED IN THE PARK.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 456 (Word version) -- Senators Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1795 SO AS TO PROVIDE THAT IN THE CASE OF DOMESTICATING THE FOREIGN ADOPTION OF A FOREIGN CHILD, THE COURT SHALL TRANSMIT THE CERTIFICATE OF ADOPTION TO THE STATE REGISTRAR WITHOUT THE NECESSITY OF A HEARING UNLESS THE COURT FINDS THE REQUIRED DOCUMENTATION UNSATISFACTORY; AND TO REQUIRE COURT ADMINISTRATION IN CONSULTATION WITH THE DEPARTMENT OF SOCIAL SERVICES TO PREPARE AND MAKE AVAILABLE ADOPTION FORMS AND GUIDELINES FOR OBTAINING THE DOMESTICATION OF A FOREIGN ADOPTION.
Ordered for consideration tomorrow.
The following was introduced:
H. 4143 (Word version) -- Reps. Young, Woodrum, G. Brown, Canty and Neal: A HOUSE RESOLUTION TO CONGRATULATE SUMTER SCHOOL DISTRICT 17 ON RECEIVING ITS SECOND CONSECUTIVE "WHAT PARENTS WANT" AWARD FROM SCHOOLMATCH, A NATIONAL EDUCATION CONSULTING FIRM.
The Resolution was adopted.
The following was introduced:
H. 4144 (Word version) -- Reps. Harvin and Young: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING DR. THOMAS MARION DAVIS OF CLARENDON COUNTY, A LEGENDARY FIGURE IN MEDICINE IN THE PEE DEE, FOR HIS MANY YEARS OF DEDICATION TO THE MEDICAL PROFESSION AND THE GOOD PEOPLE OF THE PALMETTO STATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4145 (Word version) -- Reps. Byrd, Howard, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, 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, 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, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING REVEREND ROSCOE C. WILSON, SR. OF RICHLAND COUNTY FOR FORTY-NINE YEARS AS PASTOR OF SAINT JOHN BAPTIST CHURCH AND FOR HIS OUTSTANDING SERVICE AND SPIRITUAL AND CIVIC LEADERSHIP TO COLUMBIA AND THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4146 (Word version) -- Rep. McMahand: A CONCURRENT RESOLUTION CONGRATULATING THE FORENSICS TEAM OF SOUTHSIDE HIGH SCHOOL OF GREENVILLE COUNTY ON BECOMING THE 1997 SOUTH CAROLINA STATE SPEECH AND DEBATE CHAMPIONS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 754 (Word version) -- Senators Peeler, Short and Lander: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF THE HONORABLE WALTER L. MARTIN, JR., FORMER MAYOR OF THE TOWN OF LOCKHART AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4147 (Word version) -- Rep. Littlejohn: A BILL TO AMEND ACT 189 OF 1995, RELATING TO THE SPARTANBURG COUNTY BOARD OF EDUCATION, SO AS TO ALLOW A CANDIDATE FOR A SEAT ON THE SPARTANBURG COUNTY BOARD OF EDUCATION TO QUALIFY HIS CANDIDACY FOR A PLACE ON THE BALLOT BY THE FILING OF A STATEMENT OF CANDIDACY.
On motion of Rep. LITTLEJOHN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4148 (Word version) -- Reps. Boan and Hodges: A BILL TO DEVOLVE THE AUTHORITY TO LEVY TAXES FOR SCHOOL OPERATING EXPENSES FROM THE GOVERNING BODY OF LANCASTER COUNTY TO THE LANCASTER COUNTY SCHOOL DISTRICT, TO PROVIDE A LIMITATION, AND TO PROVIDE FOR A REFERENDUM TO EXCEED THE LIMITATION.
On motion of Rep. BOAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Allison Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Byrd Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cromer Dantzler Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin McCraw McKay McLeod McMahand Miller Moody-Lawrence Neal Parks Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, F. Smith, R. Spearman Stille Stoddard Stuart Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, May 14.
Wilbur L. Cave Denny W. Neilson James H. Harrison Bill Cotty Victoria T. Mullen James Emerson Smith, Jr. Doug Smith Ralph W. Canty Douglas Jennings, Jr. Daniel L. Tripp G. Ralph Davenport, Jr. Theodore A. Brown Joe McMaster
The SPEAKER granted Rep. ALTMAN a leave of absence for the day due to illness.
Rep. BARFIELD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 8.
Reps. NEAL and CROMER presented to the House the Lower Richland High School Girls 1997 State Class AAAA Championship Basketball Team, coaches, support staff and school officials.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 737 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO COMBINE ROCK HILL NO. 1 AND NORTHSIDE PRECINCTS INTO THE NORTHSIDE PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
H. 3891 (Word version) -- 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.
S. 564 (Word version) -- 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. KLAUBER explained the Bill.
H. 4130 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADMINISTRATIVE PERSONNEL COMPENSATION GUIDE AND CONTRACTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1939, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN explained the Joint Resolution.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 133 (Word version) -- 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. S. 267 (Word version) -- 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.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3713 (Word version) -- 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". H. 3715 (Word version) -- 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.
H. 3916 (Word version) -- 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.
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 484 (Word version) -- 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. STUART moved to adjourn debate upon the following Bill until Tuesday, May 20, which was adopted.
S. 624 (Word version) -- 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.
S. 637 (Word version) -- 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.
Reps. WITHERSPOON and KELLEY proposed the following Amendment No. 3 (Doc Name P:\AMEND\JIC\6103HTC.97), which was adopted.
Amend bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 50-17-50 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 50-17-50. The department may prescribe and require permits of persons actually engaged in the taking of fish, shellfish, crustaceans, or other marine life in the saltwaters of this State for experimental commercial or scientific purposes not otherwise provided for by state law or departmental regulations. Permits issued for experimental commercial purposes may be for no more than two years and may not be renewed. Permits issued pursuant to this section may include provisions as to the areas, times, seasons, types of fishing equipment, species taken, catch reporting requirements, and other conditions as the division determines necessary. The department may issue special collecting permits without charge to qualified scientists, students, and other persons actually engaged in the study of marine biology. Marine life collected by persons issued special scientific permits under this section may not be used for personal consumption or for commercial purposes. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. In addition, any person found guilty of a violation of any of the conditions or requirements of a permit issued under this section or convicted of a violation of applicable conservation laws or regulations, shall have the permit issued to him revoked or suspended for thirty days. Any boat, motor, or fishing equipment used by a person engaged in the taking of fish, shellfish, or other marine life without a permit as required by the department under this section or during the period which his permit has been suspended must be seized and, upon conviction, sold or redeemed as provided for in Section 50-17-650. (A) The department may grant permits for taking, holding, and propagating fish or other marine resources excluding any marine mammals for exploratory, experimental, scientific, educational, or commercial display purposes. These permits may authorize activities which would otherwise be unlawful. These permits expire at the pleasure of the department; but permits granted for exploratory or experimental commercial purposes are limited to no more than two years and may not be renewed. Permits granted pursuant to this section may include conditions as to the areas, times, seasons, types of fishing equipment, species to be taken, catch reporting requirements, disposition of the catch, and other conditions the department determines necessary. No permittee may take fish or marine resources in violation of a condition of a permit granted under this section.
(B) Marine resources collected pursuant to exploratory, experimental, or commercial display permits may be used for commercial purposes. Marine resources collected pursuant to scientific or educational permits may not be used for personal consumption, but the resource or the proceeds of its sale may be used by the department for marketing and promotional purposes. Any product in excess of department needs may be disposed of by the department according to law. The department may condition educational permits to allow sale of marine resources for public display.
(C) A person who violates this section or the conditions of a permit granted under this section is guilty of a misdemeanor and, upon conviction, is subject to a penalty as prescribed in Section 50-17-100."/
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, May 15, which was adopted.
H. 3908 (Word version) -- 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 following Joint Resolution was taken up. S. 653 (Word version) -- 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. PARKS explained the Joint Resolution.
Reps. HASKINS and LIMEHOUSE requested debate on the Joint Resolution.
The Joint Resolution was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3789 (Word version) -- 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 proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20720SD.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-17-510(D)(1) of the 1976 Code, as last amended by Section 1265 of Act 181 of 1993, is further amended to read:
"(1) It is unlawful to take, catch, have in possession, land, or sell a spotted sea trout (Cynoscion nebulosus), known locally as winter trout, of less than thirteen inches in total length, or flounder (Paralichthys) of less than twelve inches in total length, or a red drum (Sciaenops ocellatus), known locally as channel or spot-tail bass, of less than fourteen inches in total length. The catch limit on spotted sea trout is ten fish."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMEHOUSE 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. 3917 (Word version) -- 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9442JM.97).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 33-6-240 of the 1976 Code is amended to read:
"Section 33-6-240. (A) A corporation may issue rights, options, or warrants for the purchase of shares of the corporation. The board of directors shall determine the terms upon which the rights, options, or warrants are issued, their form and content, and the consideration for which the shares are to be issued.
(B) In the case of a public corporation, the terms and conditions of such rights, options, or warrants may include, without limitation, 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 or by any transferee or any such holder or owner, or that invalidate or void the rights, options, or warrants held by the holder or owner or by the transferee. Determinations by the board of directors whether to impose, enforce, waive, or otherwise render ineffective any such restrictions or conditions may be judicially reviewed in an appropriate proceeding."
SECTION 2. Section 33-7-102(a)(2) of the 1976 Code is amended to read:
"(2) in the case of a corporation which is not a public corporation or of a public corporation which elects in its articles of incorporation, if the holders of at least ten percent of all the votes entitled to be cast on any issue proposed to be considered at the proposed special meeting sign, date, and deliver to the corporation's secretary one or more written demands for the meeting describing the purpose for which it is to be held."
SECTION 3. Section 33-7-200 of the 1976 Code is amended to read:
"(b) The shareholders' list must be available for inspection by any shareholder, beginning, in the case of corporations which are not public corporations, on the date on which notice of the meeting is given for which the list was prepared and, in the case of public corporations, not later than the fifth business day following such date, in either case, continuing through the meeting, at the corporation's principal office or at a place identified in the meeting notice in the city where the meeting is to be held. A shareholder, his agent, or attorney is entitled on written demand to inspect and, subject to the requirements of Section 33-16-102(c), to copy the list, during regular business hours and at his expense, during the period it is available for inspection."
SECTION 4. Section 33-8-103(b) of the 1976 Code is amended to read:
"(b) In the case of a corporation which is not a public corporation, If if a board of directors has power under the articles of incorporation or under a bylaw provision to fix or change the number of directors, the board may increase or decrease by thirty percent or less the number of directors last approved by the shareholders, but only the shareholders may increase or decrease by more than thirty percent the number of directors last approved by the shareholders."
SECTION 5. Section 33-10-103(d) of the 1976 Code is amended to read:
"(d) In the case of a corporation which is not a public corporation, If if the holders of at least ten percent of any class of voting shares of the corporation propose amendments to the articles of incorporation, the board of directors shall submit the proposed amendments to the shareholders at the next possible special or annual meeting."
SECTION 6. Section 33-11-104(d) of the 1976 Code is amended to read:
"(d) In the case of a corporation which is not a public corporation, The the parent may not deliver articles of merger to the Secretary of State for filing until at least thirty days after the date it mailed a copy of the plan of merger to each shareholder of the subsidiary who did not waive the mailing requirement."
SECTION 7. Section 33-12-101 of the 1976 Code is amended to read:
"Section 33-12-101. (a) A corporation, on the terms and conditions and for the consideration determined by the board of directors, may:
(1) sell, lease, exchange, or otherwise dispose of all, or substantially all, of its property in the usual and regular course of business; or
(2) mortgage, pledge, dedicate to the repayment of indebtedness (whether with or without recourse), or otherwise encumber all, or substantially all, of its property whether or not in the usual and regular course of business.
(b) A public corporation, on the terms and conditions and for the consideration determined by the board of directors, may transfer any or all of its property to a corporation, all the shares of which are owned by the public corporation.
(c)(b) Unless the articles of incorporation require it, approval by the shareholders of a transaction described in subsection subsections (a) or (b) is not required."
SECTION 8. Section 33-13-102 of the 1976 Code is amended to read:
"Section 33-13-102. (A) A shareholder is entitled to dissent from, and obtain payment of the fair value of, his shares in the event of any of the following corporate actions:
(1) consummation of a plan of merger to which the corporation is a party (i) if shareholder approval is required for the merger by Section 33-11-103 or the articles of incorporation and the shareholder is entitled to vote on the merger or (ii) if the corporation is a subsidiary that is merged with its parent under Section 33-11-104 or 33-11-108 or if the corporation is a parent that is merged with its subsidiary under Section 33-11-108;
(2) consummation of a plan of share exchange to which the corporation is a party as the corporation whose shares are to be acquired, if the shareholder is entitled to vote on the plan;
(3) consummation of a sale or exchange of all, or substantially all, of the property of the corporation other than in the usual and regular course of business, if the shareholder is entitled to vote on the sale or exchange, including a sale in dissolution, but not including a sale pursuant to court order or a sale for cash pursuant to a plan by which all or substantially all of the net proceeds of the sale must be distributed to the shareholders within one year after the date of sale;
(4) an amendment of the articles of incorporation that materially and adversely affects rights in respect of a dissenter's shares because it:
(i) alters or abolishes a preferential right of the shares;
(ii) creates, alters, or abolishes a right in respect of redemption, including a provision respecting a sinking fund for the redemption or repurchase, of the shares;
(iii) alters or abolishes a preemptive right of the holder of the shares to acquire shares or other securities;
(iv) excludes or limits the right of the shares to vote on any matter, or to cumulate votes, other than a limitation by dilution through issuance of shares or other securities with similar voting rights; or
(v) reduces the number of shares owned by the shareholder to a fraction of a share if the fractional share so created is to be acquired for cash under Section 33-6-104; or
(5) in the case of corporations which are not public corporations, the approval of a control share acquisition under Article 1 of Chapter 2 of Title 35;
(6) any corporate action to the extent the articles of incorporation, bylaws, or a resolution of the board of directors provides that voting or nonvoting shareholders are entitled to dissent and obtain payment for their shares.
(B) Notwithstanding subsection (A), no dissenters' rights under this section are available for shares of any class or series of shares which, at the record date fixed to determine shareholders entitled to receive notice of a vote at the meeting of shareholders to act upon the agreement of merger or exchange, were either listed on a national securities exchange or designated as a national market system security on an interdealer quotation system by the National Association of Securities Dealers, Inc."
SECTION 9. Section 33-1-400 of the 1976 Code is amended by adding:
"(28) 'Public corporation' means a corporation, a class of whose equity securities are registered with a federal agency under the Securities Exchange Act of 1934 or a successor act to the Securities Exchange Act of 1934."
SECTION 10. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. KLAUBER explained the amendment.
Rep. KIRSH moved to adjourn debate upon the Bill until Tuesday, May 20, which was adopted.
The following Bill was taken up.
S. 340 (Word version) -- 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.
Reps. TRIPP and WHATLEY objected to the Bill.
Reps. KNOTTS, RISER, ROBINSON, HASKINS, FELDER, LOFTIS and VAUGHN requested debate on the Bill.
The following Bill was taken up.
S. 594 (Word version) -- 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.
Reps. KNOTTS, LIMEHOUSE, WHATLEY, SEITHEL, FELDER, HASKINS, SIMRILL, ROBINSON and RISER requested debate on the Bill.
The following Joint Resolution was taken up.
H. 4123 (Word version) -- 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.
Rule 5.12 was waived by a division vote of 46 to 0.
The Joint Resolution was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3094 (Word version) -- 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4604CM.97), which was adopted.
Amend the bill, as and if amended, by deleting SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-630. (A) As used in this section:
(1) 'Emergency medical service provider' means an individual or employee of a healthcare provider who provides medical or health care services in the course of his employment or training which includes, but is not limited to, emergency physicians, nurses, emergency medical technicians, paramedics, members of rescue squads, and anyone directed by these individuals.
(2) 'Firefighter' means an employee of a town, city, county, or state fire service including, but not limited to, firefighters, volunteer firefighters, fire investigators, fire inspectors, and any one directed by these individuals.
(3) 'Home healthcare worker' means an individual who provides healthcare in a home under the direction of a medical professional, county or state public health agency, or medical facility.
(B) A person is guilty of the felony of assault of an emergency medical service provider, firefighter, or home healthcare worker and, upon conviction, must be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned not more than ten years, or both, if he:
(1) causes physical injury to a person listed in subsection (A);
(2) knowingly or wilfully resists or obstructs by doing violence to a person listed in subsection (A) in the lawful discharge of the person's official duties;
(3) uses a deadly weapon or dangerous instrument or points the instrument toward a person listed in subsection (A) with intent to cause bodily harm; or
(4) commits assault knowing or having reason to know that the victim is a person listed in subsection (A) performing his professional duties.
(C) If any provision of this section or the application of this section to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this statute which can be given effect without the invalid provision or application, and to this end the provisions of this statute are severable."/
Amend title to conform.
Rep. CROMER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, May 15, which was adopted.
H. 3774 (Word version) -- 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.
The following Bill was taken up.
H. 4060 (Word version) -- Reps. Hinson, Seithel, Barrett, Bailey, Sandifer, Inabinett, Meacham, Campsen, Kelley, McMaster, Byrd, Keegan, Cotty, J. Brown, Davenport, Hamilton, Simrill, Vaughn, Dantzler, Limehouse, Leach, Whatley, Gamble and Wilkes: A BILL TO AMEND ARTICLE 41, CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS PROVISIONS OF THE SOUTH CAROLINA INCOME TAX ACT, BY ADDING SECTION 12-6-5545 SO AS TO PROVIDE FOR DIRECT DEPOSIT OF STATE INCOME TAX REFUNDS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20702HTC.97), which was adopted.
Amend the bill, as and if amended, by striking Section 12-6-5545 as contained in SECTION 1, page 1, and inserting:
/SECTION 1. Article 41, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-5545. The department shall provide for and offer, at the election of the taxpayer, a process for direct deposit to the account of the taxpayer of an income tax refund due the taxpayer because of income tax overpayment. Costs to the department for implementing the requirements of this section must be absorbed by the agency within its existing budget."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. YOUNG-BRICKELL 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. 622 (Word version) -- Senator Drummond: A JOINT RESOLUTION TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO RETAIN AND EXPEND MOTOR CARRIER REGISTRATION FEES FOR FISCAL YEAR 1996-1997.
Rep. SHEHEEN: I raise a Point of Order that this Joint Resolution raises revenue and improperly originated in the Senate.
Rep. H. BROWN: These fees were dedicated to the Department of Public Safety when they were transferred in restructuring and this was just a technical amendment to correct an error that was made during that time.
SPEAKER WILKINS: This Joint Resolution doesn't appropriate any funds or revenues. The revenues are coming in anyway through the motor carrier registration fees. It transfers but doesn't appropriate revenues - isn't that the rule - appropriation of revenues? What rule do you raise Mr. Sheheen?
Rep. SHEHEEN: Article 3, Section 15 of the S.C. Constitution and Rule 5.3 of the House.
Rep. H. BROWN: I raise the Point of Order that Mr. Sheheen's Point of Order is untimely and out of order.
SPEAKER WILKINS: Mr. Brown makes the point that the Point of Order by Mr. Sheheen comes too late - that it has to be made at the time the House receives it on first reading. There is a February 1989 ruling by you, Mr. Sheheen, on that. Mr. Brown, I am going to rule that Mr. Sheheen's Point of Order is timely, although there is a 1989 precedence contrary to that. I overrule that 1989 ruling. I think that is too great a burden to put on our membership to raise an Article 3, Section 15, Point of Order on a resolution coming from the Senate on first reading because the members a lot of times won't know what the resolution does. Also, I point out for the ruling, Section 5.3, Subsection E, of our rules states any resolution considered by the House, upon second reading, that raises revenue must conform to the provisions of Article 3, Section 15. That certainly implies that the point can be raised on second reading, so I think the Point of Order is timely made. At the same time, in looking at Article 3, Section 15 the section only applies to resolutions that levy taxes. Therefore, I am going to overrule Mr. Sheheen's Point of Order.
Rep. SHEHEEN: I raise the Point of Order that the Joint Reolution is required to have a fiscal impact statement.
SPEAKER WILKINS: You raise 5.13?
Rep. SHEHEEN: Yes.
SPEAKER WILKINS: Fiscal impact statement requirement?
Rep. SHEHEEN: That says that the fiscal impact statement has to say how it affects the finances of the State. It is alright with me if you rule that it doesn't affect the finances of the State.
SPEAKER WILKINS: According to the Joint Resolution in my hand, the fiscal impact statement attached to the Joint Resolution, it is zero. It says this Joint Resolution will have no impact on the general funds.
Rep. SHEHEEN: Then why do we have to pass it?
SPEAKER WILKINS: I overrule the Point of Order.
Rep. SHEHEEN 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.
H. 4131 (Word version) -- Rep. Sheheen: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY ROAD S28-52, ACADEMY DRIVE, IN KERSHAW COUNTY, BETWEEN U.S. HIGHWAY 1 NORTH AND THE CAMDEN MILITARY ACADEMY PROPERTY LINE.
Rep. H. BROWN 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.
Reps. SCOTT, KENNEDY and MOODY-LAWRENCE withdrew their objections on the following Bill.
H. 3690 (Word version) -- 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.
Reps. GOVAN and NEAL withdrew their requests for debate on S. 29 (Word version); however, other requests for debate remained upon the Bill.
Reps. J. BROWN and COBB-HUNTER withdrew their objections on the following Bill.
H. 3690 (Word version) -- 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.
Rep. HARRELL asked unanimous consent to recall S. 329 (Word version) from the Committee on Ways and Means.
Rep. SHEHEEN objected.
On motion of Rep. FELDER, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary. S. 532 (Word version) -- Senators Martin, Wilson, J. Verne Smith, Moore, Short, Washington and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-3-235, 20-7-853, AND 20-7-854; AND BY AMENDING SECTIONS 20-1-220, 20-1-350, 20-7-949, 20-7-957, 44-7-77, AS AMENDED, 44-63-60, AS AMENDED, 44-63-75, 44-63-80, AS AMENDED, 44-63-84, 44-63-86, AND 44-63-110, AS AMENDED, ALL RESPECTIVELY RELATING TO DIVORCE DECREES, ADMINISTRATIVE AND JUDICIAL ORDERS, MARRIAGE LICENSES, OCCUPATIONAL AND PROFESSIONAL LICENSES, BUSINESS LICENSES, DRIVERS' LICENSES, HUNTING, FISHING, OR TRAPPING LICENSES, PATERNITY ORDERS AND ACKNOWLEDGMENTS, BIRTH AND DEATH CERTIFICATES, SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON OR IN THESE DOCUMENTS AND TO EXEMPT THE DEPARTMENT OF SOCIAL SERVICES FROM PAYING A FEE FOR OBTAINING COPIES OF THESE DOCUMENTS IF THE DOCUMENT IS NEEDED FOR THE PURPOSE OF ESTABLISHING PATERNITY OR ESTABLISHING, MODIFYING, OR ENFORCING CHILD SUPPORT; TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO INCOME WITHHOLDING FOR CHILD SUPPORT BY ADDING PART III, SO AS TO ESTABLISH PROCEDURES FOR CREATING, PERFECTING, AND COLLECTING A LIEN FOR PAST-DUE CHILD SUPPORT IN AN AMOUNT EQUAL TO OR GREATER THAN $2,500; TO ADD SECTION 20-7-92, SO AS TO REQUIRE THE COURT TO ORDER TEMPORARY PAYMENT OF CHILD SUPPORT PENDING A JUDICIAL DETERMINATION OF PATERNITY UNDER CERTAIN CONDITIONS; TO ADD SECTION 20-7-855, SO AS TO PROVIDE THAT COPIES OF BILLS FOR TESTING FOR PARENTAGE AND PRENATAL AND POSTNATAL HEALTH CARE ARE PRIMA FACIE EVIDENCE IN PATERNITY ACTIONS FOR EXPENSES INCURRED; TO ADD SECTION 20-7-958 SO AS TO PROVIDE THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CREATES A LEGAL FINDING OF PATERNITY; TO AMEND SECTION 20-7-956 RELATING TO ADMISSIBILITY OF EVIDENCE IN PATERNITY ACTIONS SO AS TO PROVIDE THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CREATES A CONCLUSIVE PRESUMPTION OF PATERNITY; TO AMEND SECTION 44-63-163 RELATING TO BIRTH CERTIFICATES SUBSEQUENT TO A PATERNITY DETERMINATION SO AS TO PROVIDE THAT THE CHANGE ALSO MAY BE MADE UPON A DETERMINATION MADE BY AN ADMINISTRATIVE AGENCY; TO ADD SECTIONS 20-7-1124, 20-7-1126, 20-7-1127, 20-7-1128, 20-7-1129, 20-7-1153, 20-7-1155; TO AMEND SECTIONS 20-7-965, AS AMENDED, 20-7-1010, AS AMENDED, 20-7-1040, 20-7-1100, 20-7-1125, 20-7-1152, AND 20-7-1154, ALL RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO CONFORM THIS ACT TO THE ACT AS REVISED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO INCOME WITHHOLDING SO AS TO REVISE DEFINITIONS AND TO REVISE CONDITIONS UNDER WHICH INCOME WITHHOLDING IS IN EFFECT; TO ADD SECTION 20-7-9570; TO AMEND SECTIONS 20-7-9505, AS AMENDED, AND 20-7-9510, RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ADMINISTRATIVELY CHANGE A GOVERNMENTAL PAYEE WHEN THE CHILD SUPPORT CASE IS SUBJECT TO ASSIGNMENT OR REQUIRED TO BE PAID THROUGH A GOVERNMENTAL ENTITY AND TO REVISE DEFINITIONS; TO ADD SECTION 20-7-856 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO REMIT TO THE FEDERAL GOVERNMENT ITS SHARE OF FINES COLLECTED FOR FAILING TO COMPLY WITH SUBPOENAS AND CERTAIN CHILD SUPPORT ENFORCEMENT REQUIREMENTS; TO ADD SECTION 20-7-9575 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE ADMINISTRATIVE SUBPOENAS; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT SO AS TO AUTHORIZE THE COURT TO ENFORCE ADMINISTRATIVE SUBPOENAS ISSUED BY THE DEPARTMENT; TO AMEND SECTION 27-23-10 RELATING TO VOIDING CONVEYANCES MADE TO DEFRAUD CREDITORS SO AS TO PROVIDE CONDITIONS UNDER WHICH A REBUTTABLE PRESUMPTION IS CREATED THAT A CHILD SUPPORT DEBTOR INTENDED TO TRANSFER INCOME OR PROPERTY TO AVOID PAYMENT TO A CHILD SUPPORT CREDITOR; TO ADD SECTIONS 43-5-595, 43-5-596, AND 43-5-597; AND TO AMEND SECTION 41-29-170, AS AMENDED, SECTION 43-5-590, AS AMENDED, RELATING TO INFORMATION TO BE PROVIDED BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO THE DEPARTMENT OF SOCIAL SERVICES AND RELATING TO THE DEPARTMENT'S DUTIES RELATIVE TO THE STATE CHILD SUPPORT PLAN, SO AS TO CLARIFY EMPLOYERS WHO MUST PROVIDE INFORMATION TO THE DEPARTMENT FOR THE PURPOSE OF THE ESTABLISHMENT OF PATERNITY OR THE ESTABLISHMENT, NOTIFICATION, OR ENFORCEMENT OF A SUPPORT OBLIGATION, TO REQUIRE UTILITY COMPANIES AND FINANCIAL INSTITUTIONS TO PROVIDE INFORMATION ON ITS CUSTOMERS FOR SUCH PURPOSES, TO PROVIDE IMMUNITY FROM LIABILITY FOR DISCLOSURE OF SUCH INFORMATION AND TO SPECIFY INFORMATION THE EMPLOYMENT SECURITY COMMISSION MUST PROVIDE; TO ADD SECTION 43-5-598 SO AS TO REQUIRE EMPLOYEES TO REPORT INFORMATION TO THE DEPARTMENT ON EMPLOYEES WHO ARE NEWLY HIRED; TO AMEND SECTION 43-5-610 RELATING TO THE CENTRAL REGISTRY OF RECORDS MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES SO AS TO REVISE THE INFORMATION TO BE MAINTAINED AND TO WHOM INFORMATION MAY BE RELEASED; AND TO REPEAL SECTION 43-5-222 RELATING TO THE PORTION OF CHILD SUPPORT PAYMENTS TO BE PAID TO WELFARE RECIPIENTS.
Rep. SCOTT asked unanimous consent to recall H. 3186 (Word version) from the Committee on Ways and Means.
Rep. QUINN objected.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 483 (Word version) -- Senators Fair and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-635 SO AS TO PROVIDE THAT A PERSON ASSAULTING AN EMERGENCY MEDICAL SERVICE WORKER OR A FIREMAN PERFORMING HIS PROFESSIONAL DUTIES IS GUILTY OF A MISDEMEANOR AND TO PROVIDE PENALTIES.
On motion of Rep. WITHERSPOON, with unanimous consent, the following Bill was ordered recalled from the Horry Delegation.
S. 739 (Word version) -- Senator Elliott: A BILL TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL DISTRICT, SO AS TO EXPAND THE BOUNDARIES OF THE DISTRICT, AND TO ADD TWO MEMBERS TO THE GOVERNING BODY OF THE DISTRICT AND PROVIDE FOR THEIR TERMS.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary. S. 634 (Word version) -- 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.
Rule 5.12 was waived on S. 634 by a division vote of 48 to 0.
The Senate amendments to the following Bill were taken up for consideration.
H. 3101 (Word version) -- Reps. Allison, Kirsh, Meacham and Knotts: A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER AGE SIXTEEN OUTSIDE THE STATE WITH THE INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO MAKE IT UNLAWFUL TO TAKE OR TRANSPORT A CHILD OUTSIDE OF THE STATE WITH THE INTENT TO CIRCUMVENT A CUSTODY PROCEEDING WHEN A PETITION HAS BEEN FILED SEEKING A CUSTODY DETERMINATION, TO INCREASE THE PENALTY FOR VIOLATIONS, TO INCLUDE APPLICATION OF THE SECTION TO CHILDREN BORN OUT OF WEDLOCK, TO INCREASE THE PENALTY IF PHYSICAL FORCE IS USED OR THREATENED, AND TO AUTHORIZE ASSESSING TRAVEL AND OTHER EXPENSES INCURRED IN THE PROSECUTION OF THE ACTION.
Rep. YOUNG explained the Senate amendment.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
Rep. SHEHEEN made the Point of Order that the Senate amendments were improperly before the House for consideration since the Senate amendments have not been printed in the House Calendar at least one statewide legislative day.
The SPEAKER sustained the Point of Order.
The following Concurrent Resolution was taken up.
S. 731 (Word version) -- 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.
Whereas, South Carolina Highway 81 from the city limit of Greenville to the point one mile south of the city limit of Greenville was designated by the Department of Transportation in 1996 as "Bishop William Edward Fuller, Sr. Highway"; and
Whereas, it is requested that the portion of South Carolina Highway 81 designated as "Bishop William Edward Fuller, Sr. Highway" be extended from one mile south of the city limit of Greenville to two miles south of the city limit of Greenville. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request that the Department of Transportation extend "Bishop William Edward Fuller, Sr. Highway" from one mile south of the city limit of Greenville to two miles south of the city limit of Greenville and install appropriate markers or signs.
Be it further resolved that a copy of this resolution be forwarded to
the Department of Transportation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 692 (Word version) -- 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.
Amend Title To Conform
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and House of Representatives meet in Joint Assembly in the Hall of the House of Representatives on 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.
Rep. QUINN proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20714SD.97), which was adopted.
Amend the resolution, as and if amended, by striking beginning on line 25, page 1 /To be elected in this joint assembly a candidate must receive a majority of the votes cast by the members of the House of Representatives and a majority of the votes cast by the members of the Senate./
Renumber sections to conform.
Amend totals and title to conform.
Rep. QUINN explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
Rep. HASKINS moved to dispense with the balance of the Motion Period.
Rep. SCOTT moved to table the motion, which was not agreed to by a division vote of 5 to 52. The question then recurred to the motion to dispense with the balance of the Motion Period, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
S. 559 (Word version) -- Senators Setzler and Bryan: A BILL TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTENT AND GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS, SO AS TO FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES; SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES; SECTION 59-26-30, AS AMENDED, RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH TEACHERS ARE ASSISTED, CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL SECTION 59-26-80 RELATING TO THE EDUCATION ENTRANCE EXAMINATION.
Rep. TOWNSEND proposed the following Amendment No. 6 (Doc Name P:\AMEND\GJK\20716SD.97), which was adopted.
Amend the bill, as and if amended, in Section 59-26-30(A)(2) of the 1976 Code as contained in SECTION 3 by striking /South Carolina/ on line 6, page 12, and inserting /nationally recognized/
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. TOWNSEND proposed the following Amendment No. 7 (Doc Name P:\AMEND\GJK\20718SD.97), which was adopted.
Amend the bill, as and if amended, by striking Section 59-26-30(A)(3) of the 1976 Code as contained in SECTION 3 and inserting:
/(3) use nationally recognized specific teaching area examinations approved by the State Board of Education for certification purposes. The qualifying scores on the area examinations shall be set at the same level at which they are now set. The State Board of Education shall examine these levels to determine if adjustments are required. Periodic examinations shall be made to assure the validity of qualifying scores. The qualifying scores may be adjusted if new legal requirements or validity studies indicate the adjustments are necessary. In an area in which an area teaching examination approved by the State Board of Education is not available, the state board shall use the teaching examinations developed in accordance with this section for certification purposes as soon as those examinations are prepared, validated, and ready for use./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
Rep. TRIPP spoke against the amendment.
Rep. TRIPP continued speaking.
Rep. TRIPP spoke against the amendment.
Rep. TRIPP continued speaking.
Rep. TRIPP moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Canty Carnell Cave Chellis Clyburn Cobb-Hunter Cotty Cromer Dantzler Delleney Easterday Edge Felder Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Inabinett Jordan Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Mack Martin McCraw McLeod McMahand Moody-Lawrence Neal Neilson Parks Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to table the amendment. The question then recurred to the adoption of the amendment, which was agreed to.
Rep. HARRELL proposed the following Amendment No. 8 (Doc Name P:\AMEND\JIC\6105HTC.97), which was adopted.
Amend the bill, as and if amended, page 3, line 7, by striking / three four / and inserting / three /.
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. FLEMING proposed the following Amendment No. 10 (Doc Name P:\AMEND\BBM\9453JM.97), which was ruled out of order.
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/SECTION . Notwithstanding any other provision of law, all pagers and beepers confiscated by school officials during the school year must be returned by the school officials at the end of the school year./
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 10 was not germane to the Bill.
SPEAKER Pro Tempore HASKINS sustained the Point of Order and ruled the amendment out of order.
Rep. TRIPP spoke against the Bill.
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 Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Campsen Canty Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Edge Felder Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Inabinett Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Mack Maddox Martin McCraw McKay McLeod McMahand Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Pinckney Tripp
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4021 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 59-107-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM AMOUNT OF OUTSTANDING STATE INSTITUTION BONDS, SO AS TO INCREASE THE MAXIMUM AMOUNT OF SUCH BONDS.
Rep. BOAN moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bill was taken up.
H. 3995 (Word version) -- Reps. Lanford, Lee, Mack, T. Brown, Kennedy, Trotter, Knotts, M. Hines, Stuart, Miller, Battle, D. Smith, Spearman, Seithel, J. Hines, Bauer, F. Smith and Riser: A BILL TO AMEND SECTION 53-1-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF A COUNTY FROM THE SUNDAY CLOSING (BLUE) LAWS BASED ON ACCOMMODATIONS TAX REVENUES IN THE COUNTY, SO AS TO LOWER THE EXEMPTION THRESHHOLD FROM NINE HUNDRED THOUSAND DOLLARS IN A FISCAL YEAR TO FOUR HUNDRED FIFTY THOUSAND DOLLARS.
Rep. HAWKINS proposed the following Amendment No. 2 (Doc Name P:\AMEND\PT\1282CM.97).
Amend the bill, as and if amended, SECTION 1, Section 53-1-150(B), by deleting /four hundred fifty/ on lines 28, 31, and 36 and inserting /seven hundred /.
Renumber sections to conform.
Amend title to conform.
Rep. HAWKINS explained the amendment.
Rep. SIMRILL spoke against the amendment.
Rep. KIRSH moved to table the Bill.
Rep. HAWKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Battle Bauer Baxley Beck Bowers Brown, G. Brown, H. Campsen Canty Carnell Cato Cave Clyburn Cooper Dantzler Davenport Delleney Easterday Gamble Gourdine Govan Hamilton Harrell Haskins Hawkins Hines, J. Hinson Howard Kirsh Klauber Koon Law Leach Limbaugh Limehouse Littlejohn Loftis Maddox Martin McCraw McKay McMahand Moody-Lawrence Neilson Parks Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sheheen Simrill Smith, D. Smith, F. Smith, J. Spearman Stille Stoddard Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Woodrum Young
Those who voted in the negative are:
Boan Breeland Brown, J. Byrd Chellis Cotty Cromer Edge Felder Harvin Hines, M. Hodges Inabinett Jennings Keegan Kelley Kennedy Kinon Knotts Lanford Lee Lloyd Mack McLeod Miller Mullen Quinn Seithel Sharpe Smith, R. Stuart Whipper Wilkes Young-Brickell
So, the Bill was tabled.
The following Bill was taken up. H. 3526 (Word version) -- Reps. Fleming, Barfield, Koon, Barrett, Altman, Chellis, Allison, Rodgers, Simrill, Young, Seithel, McKay, Sandifer, Maddox, Woodrum, Hinson, Knotts, Cotty, Cooper, Whatley, Witherspoon, Stuart, Kelley, Limbaugh, R. Smith, Cromer, Robinson, Rice, Law, Hawkins, Walker, Sharpe, D. Smith, Harrell, Harrison, Webb, Phillips, McMaster, Tripp, Riser, Klauber, Quinn, Meacham, Stille, Bauer, Haskins, Battle and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-145 SO AS TO PROVIDE THAT MEDICALLY-ABLED INMATES SENTENCED TO A DEPARTMENT OF CORRECTIONS FACILITY MUST BE ASSIGNED TO A CHAIN GANG TO MAINTAIN STATE PROPERTY AND TO PROVIDE THAT MEDICALLY-ABLED INMATES WHO REFUSE TO BE ASSIGNED TO WORK ON A CHAIN GANG MUST BE PLACED IN SOLITARY CONFINEMENT; TO AMEND SECTION 57-17-620, RELATING TO A COUNTY'S USE OF CHAIN GANGS, SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MUST USE CHAIN GANGS TO WORK HIGHWAYS, AND TO PROVIDE THAT MEDICALLY-ABLED INMATES WHO REFUSE TO WORK ON A CHAIN GANG MUST BE PLACED IN SOLITARY CONFINEMENT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4500CM.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 24-13-70. The Director of the Department of Corrections and a person charged with the operation of a detention facility:
(1) shall require convicted prisoners in an institution of the State Department of Corrections or a county jail to engage in a work program unless considered a security risk or physically or mentally incapacitated;
(2) shall promulgate regulations and adopt standards concerning the restriction of the use of televisions; and
(3) may assign inmates convicted of nonviolent offenses, or eligible for custody in minimum security institutions, to work on chain gangs, with or without shackles."
SECTION 2. Section 24-3-40 of the 1976 Code, as last amended by Section 54, Part II, Act 7 of 1995, is further amended to read:
"Section 24-3-40. Unless otherwise provided by law, the employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 or in a prison industry program provided under Article 3 of this chapter shall pay the prisoner's wages directly to the Department of Corrections. The Director of the Department of Corrections shall withhold five percent of the gross wages and promptly place these funds on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the 'Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404'. The director may withhold from the wages costs incident to the prisoner's confinement as the Department of Corrections considers appropriate and reasonable. These withholdings must be deposited to the maintenance account of the Department of Corrections. The balance of the wages, in the discretion of the director and in proportions determined by the director, may be disbursed to the prisoner, the prisoner's dependents, and the victim of the crime or deposited to the credit of the prisoner."
SECTION 3. Section 24-13-80 of the 1976 Code, as last amended by Section 44, Part II, Act 7 of 1995, is further amended to read:
"Section 24-13-80. (A) As used in this section:
(1) 'Detention facility' means a municipal or county jail or state correctional facility used for the detention of persons charged with or convicted of a felony, misdemeanor, municipal offense, or violation of a court order.
(2) 'Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, a municipal offense, or violation of a court order.
(3) 'Medical treatment' means each visit initiated by the inmate to an institutional physician, physician's extender including a physician's assistant or a nurse practitioner, dentist, optometrist, or psychiatrist for examination or treatment.
(4) 'Administrator' means the county administrator, city administrator, or the chief administrative officer of a county or municipality.
(5)(4) 'Director' means the agency head of the Department of Corrections.
(B) The administrator or director, whichever is appropriate, may establish, by rules, criteria for a reasonable deduction from money credited to the account of an inmate to:
(1) repay the costs of:
(a) public property wilfully damaged or destroyed by the inmate during his incarceration;
(b) medical treatment for injuries inflicted by the inmate upon himself or others;
(c) searching for and apprehending the inmate when he escapes or attempts to escape. The costs must be limited to those extraordinary costs incurred as a consequence of the escape; or
(d) quelling a riot or other disturbance in which the inmate is unlawfully involved;
(2) defray the costs paid by a municipality or county for elective medical treatment for an inmate, which has been requested by him, if the deduction does not exceed five dollars for each occurrence of treatment received by the inmate at the inmate's request. If the balance in an inmate's account is five dollars or less, the fee must not be charged. This item does not apply to medical costs incurred as a result of injuries sustained by an inmate or other medically necessary treatment for which that inmate is determined not to be responsible.
(C) All sums collected for medical treatment must be reimbursed to the inmate if the inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held.
(D) The detention facility may initiate an action for collection of recovery of medical costs incurred pursuant to this section against an inmate upon his release or his estate if the inmate was executed or died while in the custody of the detention facility.
(5) 'Assets' means property, tangible or intangible, real or personal, belonging to or due an inmate or a former inmate, including income or payments to the inmate from the Social Security Administration, Workers' Compensation Commission, Veterans' Administration, pension benefits, previously earned salary or wages, bonuses, annuities, retirement benefits, or from another source including the following:
(a) monies or other tangible assets received by the inmate as a result of a settlement of a claim against the State, a state agency, or a claim against an employee or independent contractor arising from and in the scope of the employee's or independent contractor's official duties to the State or a state agency;
(b) a money judgment received by the inmate from the State as a result of a civil action in which the State, a state agency, or a state employee, or independent contractor where the judgment arose from a claim arising from the conduct of official duties on behalf of the State by the employee, a subcontractor, or for a state agency;
(c) a current stream of income from any source including a salary, wage, disability, retirement, pension, insurance, or annuity benefit, or similar payments.
(6) 'Assets' shall not include:
(a) the homestead of the inmate up to fifty thousand dollars in value; or
(b) monies saved by the inmate from wages and bonuses up to two thousand five hundred dollars paid the inmate while he is confined in a detention facility.
(7) 'Cost of care' means the cost to the department for providing transportation, room, board, clothing, security, medical, and other living expenses of inmates under the jurisdiction of the department, as determined by the director.
(8) 'Department' means the Department of Corrections.
(B) The department shall develop a form which must be used by the department to obtain information from an inmate regarding his assets.
(C) The form must be submitted to each inmate sentenced to imprisonment under the jurisdiction of the department. The form may be resubmitted to an inmate by the department for purposes of obtaining current information regarding assets of the inmate.
(D) An inmate shall complete the form and shall swear or affirm under oath that to the best of his knowledge the information provided is complete and accurate. An inmate who knowingly provides false information on the form to the department is guilty of the crime of false swearing as contained in Section 16-9-30.
(E) Failure by an inmate to fully, adequately, and correctly complete the form may be considered by the Department of Probation, Parole and Pardon Services for purposes of a parole, and in determining an inmate's parole eligibility, and constitutes sufficient grounds for denial of parole.
(F) Before the release of an inmate from imprisonment, and before his release from the jurisdiction of the department, the department shall request from the inmate an assignment of ten percent of his wages, salary, benefits, or payments from any source. The assignment is valid for the greater period of five years from the date of its execution, or five years from the date that the inmate is released from the jurisdiction of the department. The assignment shall secure payment of the total cost of care of the inmate executing the assignment.
(G) The director shall forward to the Attorney General a report on an inmate containing a completed form with all other information available on the assets of the inmate and an estimate of the total cost of care for the inmate.
(H) The Attorney General may investigate all reports furnished pursuant to the provisions of subsection (G). The investigation may include obtaining information from any source that may have relevant information concerning an inmate's assets. The director shall provide all information possessed by the department and its divisions and agencies, upon request of the Attorney General, in order to assist the Attorney General in completing his duties pursuant to this section.
(I) If the Attorney General, upon completing the investigation under subsection (H), has good cause to believe that an inmate or former inmate has sufficient assets to recover the lesser of not less than ten percent of the estimated cost of care of the inmate or ten percent of the estimated cost of care of the inmate for two years, or has a stream of income sufficient to pay these amounts within a five-year period, the Attorney General may seek to secure reimbursement for the expense of the State for the cost of care of the inmate or former inmate.
(J) The Attorney General, or his designee, shall not bring an action pursuant to this section against an inmate or former inmate after the expiration of five years after his release from the jurisdiction of the department.
(K) Not more than ninety percent of the value of the assets of an inmate may be used for purposes of securing costs and reimbursement pursuant to the provisions of this section.
(L) The amount of reimbursement sought from an inmate must not be in excess of the per capita cost for care for maintaining inmates in the detention facility in which the inmate is housed for the period the inmate is housed in a detention facility.
(M) The court of common pleas has exclusive jurisdiction over all proceedings seeking reimbursement from inmates pursuant to the provisions of this section. The Attorney General may file a complaint in the court of common pleas in the county from which an inmate was sentenced or in Richland County against any inmate under the jurisdiction of the department stating that:
(1) the inmate is or has been an inmate in a detention facility;
(2) that is good cause to believe that the inmate has assets; and
(3) the assets be used to reimburse the State for the expenses incurred or to be incurred, or both, by the State for the cost of care of the inmate.
(N) Upon the filing of a complaint under subsection (M), the court shall issue an order to show cause why the prayer of the complainant should not be granted. The complaint and order must be served upon the inmate personally, or, if the inmate is confined in a detention facility, by registered mail addressed to the inmate in care of the chief administrator of the detention facility where the inmate is housed, at least thirty days before the date of hearing on the complaint and order.
(O) At the time of the hearing on the complaint and order, if it appears that the inmate has any assets which ought to be subjected to the claim of the State pursuant to the provisions of this section, the court shall issue an order requiring a person, corporation, or other legal entity possessing or having custody of the assets, to apply the assets or a portion of them to satisfy the claim.
(P) At the hearing on the complaint and order and before entering an order on behalf of the State against the defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children, or other dependents and any moral obligation to support dependents to whom the defendant is providing or has provided support.
(Q) If the person, corporation, or other legal entity neglects or refuses to comply with an order issued pursuant to subsection (O), the court shall order the person, corporation, or other legal entity to appear before the court to show cause why the person, corporation, or other legal entity should not be considered in contempt of court.
(R) If the court finds the assets of the inmate are sufficient to pay the cost of the proceedings under the provisions of this section, the inmate is liable for those costs upon order of the court.
(S) Except as provided in subsection (O), the Attorney General may use any remedy, interim order, or enforcement procedure under the law including an ex parte restraining order to restrain the inmate or another person or legal entity in possession or having custody of the estate of the inmate from disposing of property in avoidance of an order issued pursuant to the provisions of this section.
(T) The court, upon request, may appoint a receiver to protect and maintain assets pending resolution of proceedings initiated pursuant to the provisions of this section.
(U) The Attorney General, or his designee, shall not enforce a judgment obtained pursuant to the provisions of this section by means of execution against the homestead of the inmate.
(V) The state's right to recover the cost of incarceration pursuant to an order issued pursuant to the provisions of this section shall have priority over all other liens, debts, or other encumbrances against real property or any other assets which are part of an inmate's estate.
(W) The sentencing judge, the sheriff, the county or city, the chief administrator of the detention facility, and the State Treasurer shall furnish to the Attorney General, or his designee, all information and assistance possible to enable the Attorney General, or his designee, to secure reimbursement for the State pursuant to the provisions of this section.
(X) Notwithstanding the provisions of another law protecting the confidentiality of information possessed by the State, the Secretary of State, the Director of the Department of Revenue, the Director of the Department of Social Services, the Director of the Department of Corrections, the Director of the Department of Labor, Licensing and Regulation, and the Director of the Department of Public Safety shall provide the Attorney General or prosecuting attorney with all information requested pursuant to the provisions of this section.
(Y) A county or municipal official having custody of records of the estate or real property of an inmate or former inmate shall surrender the records or certified copies of them without fee to the Attorney General, or his designee, upon request pursuant to the provisions of this section.
(Z) The cost of an investigation under this section must be paid from the reimbursements secured under this section. The investigative costs are presumed to be twenty percent of the reimbursement recovered, unless the Attorney General demonstrates to the court otherwise. All reimbursements collected must be paid the 'Inmate Incarceration Reimbursement Act Revolving Fund', which is hereby established in the State Treasurer's Office. Monies in this fund must be appropriated to the Attorney General in order to defray the costs of the Attorney General in connection with his duties under this section. All remaining balances in the fund must be appropriated to the department for purposes of construction and operation of state correctional facilities. Monies in the fund shall not lapse, be transferred, or appropriated to or placed to the credit of the general revenue fund or any other fund of the State."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. KLAUBER explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 1 was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. KLAUBER continued speaking.
The amendment was then adopted by a division vote of 51 to 27.
Rep. KLAUBER proposed the following Amendment No. 2 (Doc Name P:\AMEND\DKA\4519SD.97).
Amend the report of the Committee on Judiciary, as and if amended, page 3526-7, Section 24-13-80(2) as contained in SECTION 3, at the beginning of line 35, following /General/ by inserting / , or his designee/
Amend title to conform.
Rep. KLAUBER explained the amendment.
Rep. F. SMITH: I need to know how much it is going to cost the State when the Attorney General starts prosecuting these cases.
SPEAKER WILKINS: Your point is that under House Rule 5.13 a fiscal impact statement is required.
Rep. F. SMITH: Yes.
SPEAKER WILKINS: It states each bill effecting expenditures of money by the State prior to receiving second reading shall have attached a fiscal impact statement. Does this Bill effect expenditures of money by the State?
Rep. HAWKINS: No sir, not the Bill - the Bill does not.
Rep. F. SMITH: It does when he starts talking about the Attorney General.
Rep. HAWKINS: That is an amendment.
SPEAKER WILKINS: The Bill is some seven pages. Let me hear from Mr. Klauber or Mr. Harrison on what the Bill does and whether or not it requires expenditures. Not the amendment - the Bill.
Rep. FLEMING: Basically the Bill itself required that the inmates worked on chain gangs to make money - so there is no fiscal impact to the Bill itself. Mr. Smith's Point of Order deals with the amendment only.
SPEAKER WILKINS: Mr. Klauber with the amendment you just passed - what expenditure does that involve?
Rep. KLAUBER: It is uncertain. It could be revenue positive because you have got individuals who will be paying for the Department of Corrections to keep inmates in prison. Furthermore, the amendment is not mandatory provide it is optional....
SPEAKER WILKINS: Mr. Smith have you got anything else?
Rep. SMITH: Yes sir, Mr. Speaker. I think if we turn to Section I of the bill as well as Section Z we will see.
Rep. SCOTT: Mr. Speaker, on page 8 of the amendment itself - items number 5 a, b, c all the way on through, it talks about the collection. There is an administrative cost of collection.
SPEAKER WILKINS: I am not concerned about the amendment. There is a clear precedence in a 1991 ruling by Mr. Sheheen that the rule does not require amendments. If amendments have expenditures the rule is not violated by not having a fiscal impact statement. Because, obviously, the committee chairman cannot always anticipate what amendments may be adopted. So the fiscal impact requirement rule does not apply to what amendments may do to the Bill, it applies to the Bill.
Rep. SCOTT: At the same token, does the Bill still talk about the collection and distribution of money? You do have an administrative expense in terms of collection as well as distribution.
Rep. COBB-HUNTER: I have a Parliamentary Inquiry. Based on what you just said about Speaker Sheheen's ruling in 1991, as I understood Mr. Klauber when we just passed that amendment, he said that the amendment was the Bill. I would argue that means it is no longer just an amendment, but it is now the Bill. That is what he said from the podium.
SPEAKER WILKINS: I understand that. We've had points since I have been Speaker and we consistently ruled that House Rule 5.13 is not violated by what the amendment may do to the Bill. It has to be the Bill because it puts the burden on the committee chairman to have a fiscal impact statement requested and on the desk with the Bill prior to second reading. I understand your reasoning, but the Point of Order has been raised several times since I have been Speaker and I have consistently overruled that Point of Order. I would do so again. I am still troubled by Mr. Smith's Point of Order - I am still reviewing that.
Rep. COBB-HUNTER: I want to speak on Mr. Smith's Point of Order. In terms of what is required in this legislation, I don't see how Mr. Klauber can maintain that there is no fiscal impact or no costs involved. We are changing responsibilities at both the Attorney General's office as well as within the system at the Department of Corrections. That is going to require somebody to do some work. Now granted they already have staff there, but I think it is a bit disingenuous to say there is no fiscal impact here because we are talking about creating additional responsibilities and I think the argument that the language says "they" rather than shall -it doesn't make it mandatory on the Attorney General. I think all of us recognize given the Attorney General we have, that if the case and opportunity presents itself most likely these cases are going to be filed.
Rep. KLAUBER: We can't hook a rule based on a personality. You might be Attorney General, if the Bill says "may" it means "may" - it doesn't mean "shall". There is a difference between "may" and "shall".
Rep. QUINN: Under Rep. Cobb-Hunter's definition every single bill on this calendar would need a fiscal impact statement. There is not a single thing this General Assembly does that doesn't require a state agency to do something at one time or another. The issue is - does the Bill appropriate funds and it does not do that. If we use her standard, the blue law would have a fiscal impact because it would have to have law enforcement....
SPEAKER WILKINS: It doesn't say appropriate - it says each Bill effecting expenditures shall have attached ---for example if we had a Bill creating judgeships, we would need a fiscal impact statement, we don't appropriate money for that day, but we need a fiscal impact statement to see what the cost ....
Rep. QUINN: That's my point Mr. Speaker. We directly hire judges and we say they shall be hired and that is a new employee. Under her standards, the definition she is trying to use is because this Bill requires a state agency to do something - it is going to cost them money. Every single piece of legislation we pass does that. I think you have to direct an agency to do something that requires an expenditure. For example, hiring an employee.
Rep. SHEHEEN: I think the rule on committee amendments is different under Rule 5.13 than it is for the regular amendment process on the floor. If the committee recommends an amendment and the committee chairman is responsible for a fiscal impact statement, then I think they have to comply with the rule when it comes out prior to second reading. I can't hold Mr. Harrison responsible for amendment no. 13 that Mr. Campsen, Mr. Smith or Mr. Klauber might offer on the floor, but certainly if the amendment is reported out of committee and changes the Bill, he ought to be responsible just like we are in Ways and Means. Mr. Brown always orders one up when it comes out.
SPEAKER WILKINS: I understand that distinction, but it has never been set forth in past rulings. But I understand that argument.
Rep. SHEHEEN: I think all of the previous rulings have been floor amendments not committee amendments.
SPEAKER WILKINS: The precedence I am looking at just simply shows a ruling that 5.13 does not require the amendments to have fiscal impact statements. That was the Point of Order. The Speaker replied that amendments were not required to have fiscal impact statements attached. It made no distinction if it was a committee amendment or not.
Rep. SCOTT: Mr. Speaker, I take you again back to the same line. Page 3 of the Bill that has the same language that the amendment has. It talks about assets and money. On the next page, page 4, it talks about the department shall develop forms and forms is a cost factor.
SPEAKER WILKINS: They are talking about assets belonging to the inmate.
Rep. SCOTT: Well somebody has got to calculate it and estimate what it is worth.
SPEAKER WILKINS: Mr. Scott, Mr. Smith. Where in the Bill do you think it requires us to spend money? Mr. Smith said Section I on page 5 and Section Z on page 7.
Rep. SCOTT: Page 4, Number 8 - Department shall develop a form - forms cost money. C. The form must be submitted to each inmate. Distribution -additional administrative cost. That is cost.
Rep. F. SMITH: It assumes under I - if the Attorney General upon completing the investigation under subsection H. Now he has got to do an investigation, once he completes his investigation I know that is going to cost money to the State because that is coming out of the Attorney General's budget. Then once it costs some money there, then if he has good cause to believe that an inmate or a former inmate has sufficient assets to recover not less than 10% of the estimated cost and care of an inmate or 10% of the estimated cost of care of the inmate for 2 years or has a stream of income sufficient to pay these amounts within a 5 year period, the Attorney General may seek to secure reimbursement for the expense of the State for the cost of care of the inmate or former inmate. But he has got to make a decision one way or the other which is going to cost the State because he is going to be spending his time making those decisions.
Rep. HARRELL: Mr. Speaker, I would have to agree with what Mr. Quinn was saying a moment ago. If you are going to interpret every time we tell an agency to do something, that it means you spend money, then every bill on the calendar has to have a fiscal impact statement. The very next bill on the calendar is Mr. Scott's bill calling for a study. Does everything on the calendar need a fiscal impact statement? If you use the rationale that when we tell an agency to do something it therefore costs and you have to have a fiscal impact. I think they are asking you to make this determination much too narrowly. You need more latitude when you are passing legislation. I believe that if we simply tell them to do something, you can't then say because it costs money to do anything, you have to have an impact statement.
Rep. F. SMITH: If every Bill has not had a Point of Order raised for you to raise the issue. That addresses what he just stated. If every bill had the Point of Order raised about the fiscal impact then you have to make a ruling one way or the other.
Rep. NEAL: What this Bill directs the Department of Corrections to do is actually make a change in its programmatic structure. It directs that department to take specific actions that are not general but specific to this Bill and, because of that, there are specific costs associated with those activities.
The SPEAKER stated that he would study the issue while the House recedes for lunch and would render a ruling later.
Rep. SIMRILL moved that the House recede until 2:15 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of the ruling on the Point of Order on Amendment No. 2.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The SPEAKER granted Rep. SHARPE a temporary leave of absence.
On motion of SPEAKER WILKINS, the House stood in silent prayer in memory of Fred P. Brinkman, former Executive Director of the Department of Parks, Recreation and Tourism.
Debate was resumed on the following Bill, the pending question being the consideration of the ruling on the Point of Order on Amendment No. 2. H. 3526 (Word version) -- Reps. Fleming, Barfield, Koon, Barrett, Altman, Chellis, Allison, Rodgers, Simrill, Young, Seithel, McKay, Sandifer, Maddox, Woodrum, Hinson, Knotts, Cotty, Cooper, Whatley, Witherspoon, Stuart, Kelley, Limbaugh, R. Smith, Cromer, Robinson, Rice, Law, Hawkins, Walker, Sharpe, D. Smith, Harrell, Harrison, Webb, Phillips, McMaster, Tripp, Riser, Klauber, Quinn, Meacham, Stille, Bauer, Haskins, Battle and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-145 SO AS TO PROVIDE THAT MEDICALLY-ABLED INMATES SENTENCED TO A DEPARTMENT OF CORRECTIONS FACILITY MUST BE ASSIGNED TO A CHAIN GANG TO MAINTAIN STATE PROPERTY AND TO PROVIDE THAT MEDICALLY-ABLED INMATES WHO REFUSE TO BE ASSIGNED TO WORK ON A CHAIN GANG MUST BE PLACED IN SOLITARY CONFINEMENT; TO AMEND SECTION 57-17-620, RELATING TO A COUNTY'S USE OF CHAIN GANGS, SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MUST USE CHAIN GANGS TO WORK HIGHWAYS, AND TO PROVIDE THAT MEDICALLY-ABLED INMATES WHO REFUSE TO WORK ON A CHAIN GANG MUST BE PLACED IN SOLITARY CONFINEMENT.
Debate was resumed on Amendment No. 2 by Rep. KLAUBER.
SPEAKER WILKINS: I have reviewed House Rule 5.13 and seven precedents that have been issued on the application of that rule. The precedents clearly say that the fiscal impact requirement does not apply unless there is a direct expenditure. The rule makes all reference to bill, all the precedents that have been made on this application have referred to the term bill. So, in looking at the Bill, I am going to first find that there is no direct expenditure required by the Bill. Mr. Sheheen makes a very good point in that a committee bill probably should have this same requirement because the committee chairman at that point would be on notice that perhaps a fiscal impact is required. However, I think I am required to do a literal interpretation of the rule. The rule very clearly refers to Bill, it never refers to amendment. There is simply no distinction in the rule, or in its application, to a committee amendment and an amendment, so I am going to strictly interpret the rule. It applies to a bill, Mr. Smith, and there is no direct expenditure required in the Bill. I do think this is something we want to consider in amending the rules perhaps next year and make Rule 5.13 apply not only to bills but also to committee amendments. I think that would be a good rule change to consider, but it is not the rule today, so I am going to overrule your Point of Order.
The amendment was then adopted.
Rep. FLEMING proposed the following Amendment No. 4 (Doc Name P:\AMEND\KGH\15185CM.97), which was tabled.
Amend the Judiciary Committee Report, SECTION 1, Section 24-13-70(2), page 3526-1, by deleting lines 39 and 40 and inserting:
/(2) shall prohibit the viewing of television by inmates; and/
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. FLEMING proposed the following Amendment No. 5 (Doc Name P:\AMEND\KGH\15186CM.97), which was tabled.
Amend the Judiciary Committee Report, SECTION 1, Section 24-13-70(2), page 3526-1, by deleting lines 39 and 40 and inserting:
/(2) shall allow inmates to watch only educational television programs; and/
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. KLAUBER proposed the following Amendment No. 6 (Doc Name P:\AMEND\DKA\4531SD.97), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, by striking Section 24-13-70(2), SECTION 1, page 3526-1, beginning on line 39, and inserting:
/(2) shall require that no cable television is provided to inmates, that inmates are encouraged to view educational programs, and that programs of a violent nature are not allowed; and/
Amend title to conform.
Rep. KLAUBER explained the amendment.
Rep. SCOTT moved to table the amendment.
Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:
Battle Breeland Brown, T. Byrd Clyburn Cobb-Hunter Gourdine Hines, J. Hines, M. Inabinett Jordan Lee Lloyd Mack McLeod McMahand Miller Moody-Lawrence Neal Parks Pinckney Rhoad Scott Sheheen Smith, F. Spearman Whipper
Those who voted in the negative are:
Allison Bailey Barfield Barrett Bauer Baxley Beck Brown, H. Campsen Carnell Cato Chellis Cotty Cromer Dantzler Delleney Easterday Edge Felder Fleming Gamble Govan Hamilton Harrell Harrison Hawkins Hinson Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Martin McCraw McKay Mullen Neilson Phillips Rice Riser Robinson Rodgers Sandifer Seithel Simrill Smith, D. Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. FLEMING proposed the following Amendment No. 7 (Doc Name P:\AMEND\KGH\15182CM.97), which was tabled.
Amend the Judiciary Committee Report, SECTION 1, Section 24-13-70(3), page 3526-2, by deleting lines 1 through 3 and inserting:
/(3) shall assign inmates convicted of nonviolent offenses, or eligible for custody in minimum security institutions, to work on chain gangs while shackled in leg irons. If having shackled inmates on a chain gang poses a security or safety risk, then the inmates shall perform their duties unshackled./
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. FLEMING demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 59 to 20.
Rep. KLAUBER proposed the following Amendment No. 8 (Doc Name P:\AMEND\GJK\20700DW.97), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, SECTION 3, page 3526-2, by striking lines 35 through 38 and inserting:
/(3) 'Medical treatment' means each visit initiated by the inmate to an institutional physician, physician's extender including a physician's assistant or a nurse practitioner, dentist, optometrist, or psychiatrist for examination or treatment. /
Amend the report further, as and if amended, by striking on line 39, page 3526-2, /(4)/ and inserting /(4)/
Amend the report further, as and if amended, page 3526-3 by striking /(5)(4)/ on line 1 and inserting /(5)/
Amend the report further, as and if amended, page 3526-3 by striking lines 3 through 30 and inserting:
/(B) The administrator or director, whichever is appropriate, may establish, by rules, criteria for a reasonable deduction from money credited to the account of an inmate to:
(1) repay the costs of:
(a) public property wilfully damaged or destroyed by the inmate during his incarceration;
(b) medical treatment for injuries inflicted by the inmate upon himself or others;
(c) searching for and apprehending the inmate when he escapes or attempts to escape. The costs must be limited to those extraordinary costs incurred as a consequence of the escape; or
(d) quelling a riot or other disturbance in which the inmate is unlawfully involved;
(2) defray the costs paid by a municipality or county for elective medical treatment for an inmate, which has been requested by him, if the deduction does not exceed five dollars for each occurrence of treatment received by the inmate at the inmate's request. If the balance in an inmate's account is five dollars or less, the fee must not be charged. This item does not apply to medical costs incurred as a result of injuries sustained by an inmate or other medically necessary treatment for which that inmate is determined not to be responsible.
(C) All sums collected for medical treatment must be reimbursed to the inmate if the inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held.
(D) The detention facility may initiate an action for collection of recovery of medical costs incurred pursuant to this section against an inmate upon his release or his estate if the inmate was executed or died while in the custody of the detention facility./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
Rep. CAMPSEN proposed the following Amendment No. 9 (Doc Name P:\AMEND\BBM\9166HTC.97), which was adopted.
Amend the bill, as and if amended, by striking Section 24-3-40, as contained in SECTION 2, page 3526-2, and inserting:
/Section 24-3-40. (A) Unless otherwise provided by law, the employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 or in a prison industry program provided under Article 3 of this chapter shall pay the prisoner's wages directly to the Department of Corrections. The Director of the Department of Corrections shall withhold five percent of the gross wages
and promptly place these funds on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the "Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404". The director may withhold from the wages costs incident to the prisoner's confinement as the Department of Corrections considers appropriate and reasonable. These withholdings must be deposited to the maintenance account of the Department of Corrections. The balance of the wages, in the discretion of the director and in proportions determined by the director, may be disbursed to the prisoner, the prisoner's dependents, and the victim of the crime or deposited to the credit of the prisoner.
The director of the Department of Corrections shall deduct those amounts, if any, required by law for federal and state tax withholdings and then shall distribute the balance as follows:
(1) If restitution to a particular victim or victims has been order by the court, then thirty-five percent must be used to fulfill the restitution obligation. If a restitution payment schedule has been ordered by the court pursuant to Section 17-25-322, the thirty-five percent must be applied to the scheduled payments. If restitution to a particular victim or victims has been ordered but a payment schedule has not been specified by the court, the director shall impose a payment schedule of equal monthly payments and use thirty-five percent to meet the payment schedule so imposed.
(2) If restitution to a particular victim or victims has not been ordered by the court, or if court ordered restitution to a particular victim or victims has been satisfied, then the thirty-five percent referred to in subsection (1) above must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the "Victims of Crime Act of 1984", Public Law 98-473, Title II, Chapter XIV, Section 1404.
(3) In addition to the restitution payments of subsections (1) and (2) above, five percent must be deposited with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the "Victims of Crime Act of 1984", Public Law 98-473, Title II, Chapter XIV, Section 1404.
(4) Twenty percent must be used to pay the prisoner's child support obligations pursuant to law, court order, or agreement of the prisoner. These child support monies must be disbursed to the appropriate clerks of court for application toward payment of child support obligations. If there are no child support obligations, then one-half of the twenty percent referred to in this subsection must be used by the Department of Corrections to defray the cost of the prisoner's room and board. This is in addition to the twenty percent used for the same purpose in subsection (5) below. Furthermore, if there are no child support obligations, then the other half of the twenty percent referred to in this subsection must be held in an escrow account for the benefit of the prisoner. This is in addition to the ten percent used for the same purpose in subsection (7) below.
(5) Twenty percent must be used by the Department of Corrections to defray the cost of the prisoner's room and board.
(6) Ten percent must be available to the inmate during his incarceration for the purchase of incidentals.
(7) Ten percent must be held in an escrow account for the benefit of the prisoner.
(B) The Department of Corrections shall return a prisoner's wages held in escrow pursuant to (A)(4) and (A)(7) of this section as follows:
(1) A prisoner released without community supervision must be given escrowed wages upon his release.
(2) A prisoner serving life in prison shall have his escrowed wages included in his estate upon death.
(3) A prisoner released to community supervision shall receive two hundred dollars or the escrow balance, whichever is less, upon his release. Any remaining balance must be dispersed to the Department of Probation, parole, and Pardon Services. The prisoner's supervising agent shall apply this balance toward payment of the prisoner's housing and basic needs and disperse any balance to the prisoner at the end of the supervision period./
Amend further, Section 24-13-80(V), Section 3, page 3526-7, by inserting before the /./ on line 7 /, except for those items contained in Section 24-3-40/
Amend title to conform.
Rep. CAMPSEN explained the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 9 was not germane to the Bill.
Rep. CAMPSEN argued contra.
SPEAKER WILKINS overruled the Point of Order and ruled the amendment out of order.
Rep. CAMPSEN continued speaking.
Reps. F. SMITH and RHOAD spoke against the amendment.
Rep. NEAL moved to table the amendment.
Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Battle Bauer Baxley Breeland Brown, J. Brown, T. Byrd Clyburn Cobb-Hunter Gourdine Govan Hines, J. Hines, M. Howard Inabinett Jennings Kelley Kinon Lee Lloyd Mack McLeod McMahand Moody-Lawrence Neal Parks Pinckney Rhoad Scott Smith, F. Webb Wilder
Those who voted in the negative are:
Allison Barfield Barrett Beck Boan Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Hodges Jordan Keegan Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Maddox Martin McCraw McKay Miller Mullen Neilson Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sheheen Simrill Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Whatley Whipper Wilkes 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. SCOTT proposed the following Amendment No. 10, which was tabled.
(3) "Strike" with or without shackles.
Rep. SCOTT explained the amendment.
Rep. SIMRILL moved to table the amendment, which was agreed to by a division vote of 57 to 30.
Reps. JENNINGS and BATTLE proposed the following Amendment No. 11, which was adopted.
Amend the bill, as and if amended, by adding:
Section 24-13-80. (AA) The Director of the Department of Corrections shall perform a study of potential cost savings and efficacy of implementing a policy of feeding "meals ready to eat" (MRE's) to inmates in the correctional institutions and shall forward such report the House and Senate by January 1, 1998.
Rep. JENNINGS explained the amendment.
Rep. HARRISON moved to table the amendment, which was not agreed to by a division vote of 32 to 34.
The question then recurred to the adoption of the amendment.
Rep. HARRISON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Battle Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Carnell Chellis Clyburn Cobb-Hunter Cromer Dantzler Davenport Delleney Easterday Felder Fleming Govan Harrell Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jennings Kinon Klauber Knotts Koon Lanford Lee Limehouse Littlejohn Loftis Mack Maddox Martin McCraw McLeod McMahand Miller Neilson Parks Phillips Pinckney Quinn Rhoad Rice Scott Sharpe Sheheen Simrill Smith, F. Smith, J. Spearman Stoddard Tripp Vaughn Whipper Wilder Wilkes Witherspoon Young-Brickell
Those who voted in the negative are:
Barrett Bauer Beck Campsen Cato Cooper Cotty Edge Gamble Hamilton Harrison Jordan Keegan Kelley Kennedy Kirsh Law Leach Moody-Lawrence Mullen Neal Riser Robinson Rodgers Sandifer Seithel Smith, R. Stuart Townsend Trotter Walker Webb Whatley Wilkins Woodrum Young
So, the amendment was adopted.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 12, which was tabled.
Amend the bill by adding a Section to read:
Inmates must receive prison to work training.
Rep. YOUNG moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Bauer Baxley Beck Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Hodges Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Law Leach Limbaugh Limehouse Loftis Martin McCraw McKay Mullen Neilson Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, J. Smith, R. Spearman Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Breeland Brown, G. Brown, T. Byrd Clyburn Cobb-Hunter Gourdine Govan Hines, J. Hines, M. Howard Inabinett Kennedy Lee Littlejohn Lloyd Mack Maddox McLeod McMahand Moody-Lawrence Neal Parks Pinckney Rhoad Scott Smith, F. Stoddard Whipper
So, the amendment was tabled.
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 Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Brown, H. Brown, T. Campsen Chellis Cooper Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Hodges Jennings Jordan Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Maddox Martin McCraw McKay McLeod Miller Mullen Neilson Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, J. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Breeland Brown, G. Clyburn Cobb-Hunter Hines, J. Hines, M. Howard Inabinett Lee Lloyd Mack Moody-Lawrence Neal Parks Pinckney Rhoad Scott
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 3054 (Word version) -- Reps. Scott, Bailey, J. Hines and Lloyd: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FEASIBILITY OF IMPLEMENTING A STATEWIDE MASS TRANSPORTATION SYSTEM.
Rep. TOWNSEND proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1233CM.97).
Amend the joint resolution, as and if amended, by striking all after enacting words and inserting:
/SECTION 1. A committee is created to study the feasibility of creating a mass transportation system for the State of South Carolina. The committee shall develop a plan to implement practical forms of mass transportation to enhance the economic opportunities of all South Carolinians.
The committee is composed of:
(1) four persons appointed by the Speaker of the House of Representatives; and
(2) four persons appointed by the President Pro Tempore of the Senate.
The committee shall elect one of its members as chairman and other necessary officers. The committee shall meet as often as necessary for the discharge of its business before making its report to the General Assembly.
The members of the committee shall not receive per diem, subsistence, or reimbursement for mileage. The committee shall use the existing staff of the entities from which the membership of the committee is composed.
The committee shall report its findings to the General Assembly one year after the adoption of this resolution. At that time, the committee must be dissolved.
SECTION 2. This joint resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
Rep. SHARPE moved to recommit the Joint Resolution.
Rep. SCOTT moved to table the motion, which was not agreed to by a division vote of 26 to 57.
The question then recurred to the motion to recommit, which was agreed to.
The following Bill was taken up.
H. 4042 (Word version) -- Reps. Jennings and Boan: A BILL TO AMEND SECTION 16-23-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OF UNLAWFULLY POINTING OR PRESENTING A FIREARM AT ANOTHER PERSON, SO AS TO INCREASE THE PENALTIES FOR VIOLATION WHERE THE PERSON AT WHOM THE FIREARM IS POINTED IS A LAW ENFORCEMENT OFFICER ACTING IN THE LINE OF DUTY WHICH SHALL INCLUDE A MANDATORY MINIMUM TERM OF IMPRISONMENT OF NOT LESS THAN TEN YEARS NOR MORE THAN THIRTY YEARS, NO PART OF WHICH MAY BE SUSPENDED, PROBATION FOR WHICH MAY NOT BE GRANTED FOR ANY PORTION, AND FOR WHICH A PERSON IS NOT ELIGIBLE FOR PAROLE UNTIL HE HAS SERVED AT LEAST SEVEN YEARS OF HIS SENTENCE.
Rep. JENNINGS explained the Bill.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Brown, G. Brown, H. Brown, J. Byrd Campsen Carnell Cato Chellis Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Haskins Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jennings Jordan Keegan Kennedy Kinon Kirsh Knotts Koon Lanford Law Leach Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin McCraw McKay McLeod Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Clyburn
So, the Bill was read the second time and ordered to third reading.
I inadvertently voted no but intended to vote yes.
Rep. WILLIAM CLYBURN
The following Bill was taken up.
H. 3658 (Word version) -- Reps. Loftis, Altman, Limehouse, Limbaugh, Simrill, H. Brown, Chellis, R. Smith, Neilson, Barrett, Seithel, Vaughn, Carnell, Hinson, Sandifer, Jordan, Mason, Law, Kelley, Woodrum, Cotty, Knotts, Davenport, Cooper, Allison, Leach, Hamilton, Koon, Littlejohn, Stoddard, Easterday, Bailey, Haskins, Riser, Harrison, Trotter, Phillips, Gamble, Robinson, Rhoad, Stille, Witherspoon, Mullen, Sharpe, Campsen, Rice, Beck, D. Smith, Keegan, Miller, Felder, Fleming, Boan, Tripp, Young, Wilder, Young-Brickell, Delleney, J. Hines, Kirsh, McMaster, Meacham, Cato, Klauber, Jennings, Spearman, Martin, Quinn, F. Smith, McMahand, Rodgers, McKay, Whatley, Townsend, Harrell, Bauer, Lanford and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-45 SO AS TO ESTABLISH A PROCEDURE FOR THE STATE BOARD OF EDUCATION TO ADD TEXTBOOKS TO THE LIST OF TEXTBOOKS APPROVED FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE.
Rep. TOWNSEND moved to recommit the Bill.
Rep. COTTY moved to table the motion, which was not agreed to by a division vote of 13 to 69.
The question then recurred to the motion to recommit, which was agreed to.
The following Bill was taken up.
H. 3847 (Word version) -- Reps. Meacham and Kirsh: A BILL TO AMEND SECTION 39-55-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM ACREAGE OF LAND REQUIRED FOR USE AS A CEMETERY, SO AS TO PROVIDE AN EXCEPTION.
Reps. LANFORD and MEACHAM proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1222MM.97), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered subsection to read:
/( ) The provisions of subsections (a) and (b) relating to the minimum acreage do not apply when a licensee establishes an irrevocable trust with a trust corpus of at least fifteen thousand dollars and five acres of land, and the dedication of fifteen percent of all future sales to deposit in the trust on a quarterly basis./
Renumber subsections to conform.
Amend title to conform.
Rep. LANFORD 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 Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Brown, G. Brown, H. Brown, J. Byrd Campsen Cato Chellis Cooper Cotty Davenport Delleney Easterday Edge Felder Fleming Gamble Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hodges Jordan Keegan Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Loftis Martin McCraw McKay McLeod McMahand Miller Mullen Neilson Parks Phillips Pinckney Rice Riser Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon 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.
The SPEAKER granted Rep. G. BROWN a leave of absence for the remainder of the day.
The following Bill was taken up.
S. 254 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND DEFINITIONS, SO AS TO PROVIDE A DEFINITION FOR "UNINSURED MOTORIST FUND"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO AMEND SECTION 38-73-470, AS AMENDED, RELATING TO PROPERTY, CASUALTY, AND INLAND MARINE INSURANCE, SURETY RATES, RATE-MAKING ORGANIZATIONS, AND DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ONE DOLLAR OF THE YEARLY PREMIUM BE PLACED ON DEPOSIT WITH THE STATE TREASURER IN THE "UNINSURED ENFORCEMENT FUND"; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO INSURANCE, RATES, RATE-MAKING, RATE FILING, AND NOTICE OF HEARING AS A PREREQUISITE TO GRANTING OF RATE INCREASES AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, DELETE "AUTOMOBILE INSURANCE" FROM THE LIST OF LINES OR TYPES OF INSURANCE FOR WHICH IT IS PROVIDED THAT NO INCREASE IN PREMIUM RATES MAY BE GRANTED UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, AND PROVIDE THAT, EXCEPT AS PROVIDED IN THIS SECTION, OVERALL AVERAGE RATE LEVEL INCREASES OR DECREASES FOR ALL COVERAGES COMBINED OF SEVEN PERCENT ABOVE OR BELOW THE INSURER'S RATES IN EFFECT MAY TAKE EFFECT WITHOUT PRIOR APPROVAL WITH RESPECT TO RATES FOR AUTOMOBILE INSURANCE POLICIES; BY ADDING SECTION 38-73-736 SO AS TO PROVIDE THAT ANY SCHEDULE OF RATES, RATE CLASSIFICATIONS, OR RATING PLANS FOR AUTOMOBILE INSURANCE AS DEFINED IN SECTION 38-77-30 FILED WITH THE DEPARTMENT OF INSURANCE MUST PROVIDE FOR AN APPROPRIATE REDUCTION IN PREMIUM CHARGES FOR THOSE INSURED PERSONS WHO ARE FIFTY-FIVE YEARS OF AGE AND OLDER AND WHO QUALIFY AS PROVIDED IN SECTION 38-73-737; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE DECLARATION OF THE PURPOSE OF THE AUTOMOBILE INSURANCE LAW, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT ONE OF THE PURPOSES IS TO PROVIDE FOR AN ASSIGNED RISK PLAN KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN" FOR CERTAIN PERSONS; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN DEFINITIONS AND PROVIDE DEFINITIONS FOR "CANCELLATION", "FACILITY PHYSICAL DAMAGE RATE", "INSTITUTIONAL SOURCE", "INSURER SUPPORT ORGANIZATION", AND "POLICY OF AUTOMOBILE INSURANCE"; BY ADDING SECTION 38-77-596 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY SHALL DEVELOP AND FILE PRIVATE PASSENGER AUTOMOBILE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES BASED ON THE TOTAL EXPERIENCE OF ALL RISKS CEDED TO THE FACILITY WHICH ARE ACTUARIALLY SOUND AND SUPPORTED BY STATISTICAL EVIDENCE; TO AMEND SECTION 38-77-112, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE LAW, THE REQUIREMENT THAT AN APPLICANT FOR, OR POLICYHOLDER OF, SUCH INSURANCE HAVE A DRIVER'S LICENSE AND EXCEPTIONS SO AS TO, AMONG OTHER THINGS, REQUIRE THAT AT THE TIME OF APPLICATION AN INSURER OR AN AGENT RETAIN FOR A PERIOD OF THREE YEARS THE DRIVER'S LICENSE NUMBERS FOR ALL APPLICANTS WHO WERE REFUSED COVERAGE AND FURNISH THIS INFORMATION TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE UPON REQUEST; TO AMEND SECTION 38-77-120, AS AMENDED, RELATING TO REQUIREMENTS FOR NOTICE OF CANCELLATION OF OR REFUSAL TO RENEW AN AUTOMOBILE INSURANCE POLICY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIRED NOTICE MUST PROVIDE FOR THE NOTIFICATION REQUIRED BY SECTION 38-77-390(B) AND PROVIDE FOR CERTAIN EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-121 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY APPLICATION FOR THE ORIGINAL ISSUANCE OF A POLICY OF AUTOMOBILE INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF ANY MOTOR VEHICLE AS DEFINED IN SECTION 38-77-30 MUST HAVE A CERTAIN STATEMENT PRINTED ON OR ATTACHED TO THE FIRST PAGE OF THE APPLICATION FORM; BY ADDING SECTION 38-77-122 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE AN AUTOMOBILE INSURANCE POLICY AS DEFINED IN SECTION 38-77-30 BECAUSE OF THE APPLICANT'S AGE, SEX, LOCATION OF RESIDENCE IN SOUTH CAROLINA, RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, MARITAL STATUS, INCOME LEVEL, PREVIOUS REFUSAL OF AUTOMOBILE INSURANCE BY ANOTHER INSURER, PRIOR PURCHASE OF INSURANCE THROUGH THE SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN, OR LAWFUL OCCUPATION, INCLUDING MILITARY SERVICE; BY ADDING SECTION 38-77-123 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO INSURER SHALL REFUSE TO RENEW AN AUTOMOBILE INSURANCE POLICY BECAUSE OF CERTAIN SPECIFIED FACTORS AND THAT NOTHING IN THIS SECTION REQUIRES AN INSURER TO RENEW A POLICY OF AUTOMOBILE INSURANCE WHERE THE INSURED'S OCCUPATION HAS CHANGED SO AS TO MATERIALLY INCREASE THE RISK; BY ADDING SECTION 38-77-124 SO AS TO PROVIDE THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE OR FAIL TO RENEW A POLICY OF MOTOR VEHICLE LIABILITY INSURANCE SOLELY BECAUSE OF THE AGE OF THE MOTOR VEHICLE TO BE INSURED SO LONG AS THE MOTOR VEHICLE IS LICENSED; BY ADDING SECTION 38-77-141 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO NEW POLICY OR ORIGINAL PREMIUM NOTICE OF INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE MAY BE ISSUED OR DELIVERED UNLESS IT CONTAINS A CERTAIN STATEMENT PRINTED IN BOLDFACE TYPE OR UNLESS THAT STATEMENT IS ATTACHED TO THE FRONT OF OR IS ENCLOSED WITH THE POLICY OR PREMIUM NOTICE; BY ADDING SECTION 38-77-142 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO POLICY OR CONTRACT OF BODILY INJURED OR PROPERTY DAMAGE LIABILITY INSURANCE COVERING LIABILITY ARISING FROM THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE MAY BE ISSUED OR DELIVERED IN SOUTH CAROLINA TO THE OWNER OF THE VEHICLE OR MAY BE ISSUED OR DELIVERED BY AN INSURER LICENSED IN SOUTH CAROLINA UPON A MOTOR VEHICLE THAT IS PRINCIPALLY GARAGED, DOCKED, OR USED IN THIS STATE UNLESS THE POLICY CONTAINS A PROVISION INSURING THE NAMED INSURED AND ANY OTHER PERSON USING OR RESPONSIBLE FOR THE USE OF THE MOTOR VEHICLE WITH THE EXPRESSED OR IMPLIED CONSENT OF THE NAMED INSURED AGAINST LIABILITY FOR DEATH OR INJURY SUSTAINED OR LOSS OR DAMAGE INCURRED WITHIN THE COVERAGE OF THE POLICY OR CONTRACT AS A RESULT OF NEGLIGENCE IN THE OPERATION OR USE OF THE VEHICLE BY THE NAMED INSURED OR BY ANY SUCH PERSON; BY ADDING SECTION 38-77-143 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A POLICY OR CONTRACT OF BODILY INJURY OR PROPERTY DAMAGE LIABILITY INSURANCE RELATING TO THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE EXCLUDES COVERAGE TO PERSONS OTHER THAN THE NAMED INSURED OR DIRECTORS, STOCKHOLDERS, PARTNERS, AGENTS, OR EMPLOYEES OF THE NAMED INSURED, OR RESIDENTS OF THE HOUSEHOLD OF EITHER OF THESE GROUPS WHILE THOSE PERSONS ARE EMPLOYED OR OTHERWISE ENGAGED IN THE BUSINESS OF SELLING, REPAIRING, SERVICING, STORING, OR PARKING MOTOR VEHICLES IF THERE IS ANY OTHER VALID OR COLLECTIBLE INSURANCE APPLICABLE TO THE SAME LOSS COVERING THE PERSONS UNDER A POLICY WITH LIMITS AT LEAST EQUAL TO THE FINANCIAL RESPONSIBILITY REQUIREMENTS SPECIFIED IN SECTION 38-77-140; BY ADDING SECTION 38-77-151 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ALL FUNDS COLLECTED BY THE DIRECTOR OF THE DEPARTMENT OF REVENUE UNDER CHAPTER 10, TITLE 56 MUST BE PLACED ON DEPOSIT WITH THE STATE TREASURER AND HELD IN A SPECIAL FUND TO BE KNOWN AS THE "UNINSURED MOTORISTS FUND" TO BE DISBURSED AS PROVIDED BY LAW; BY ADDING SECTION 38-77-154 SO AS TO PROVIDE THAT THE UNINSURED MOTORISTS FUND SHALL BE UNDER THE SUPERVISION AND CONTROL OF THE DEPARTMENT OF INSURANCE, REQUIRE PAYMENTS FROM THIS FUND TO BE MADE ON WARRANTS OF THE COMPTROLLER GENERAL ISSUED ON VOUCHERS SIGNED BY A PERSON DESIGNATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, AND SET FORTH THE PURPOSE OF THE FUND; BY ADDING SECTION 38-77-155 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL DISTRIBUTE MONIES ANNUALLY FROM THE UNINSURED MOTORISTS FUND AMONG THE SEVERAL INSURERS WRITING MOTOR VEHICLE BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE ON MOTOR VEHICLES REGISTERED IN SOUTH CAROLINA; TO AMEND SECTION 38-77-140, RELATING TO BODILY INJURY AND PROPERTY DAMAGE LIMITS UNDER THE AUTOMOBILE INSURANCE LAW, SO AS TO RAISE THE MINIMUM LIMITS OF COVERAGE FOR INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT; TO AMEND SECTION 38-77-150, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO PROVIDE FOR A MINIMUM OF TEN THOUSAND RATHER THAN FIVE THOUSAND DOLLARS COVERAGE FOR INJURY TO OR DESTRUCTION OF THE PROPERTY OF THE INSURED IN ANY ONE ACCIDENT, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT IF AN UNINSURED MOTORIST HAS SELECTED THE OPTION TO BE UNINSURED BY PAYING THE FEE PURSUANT TO SECTION 56-10-510; TO AMEND SECTION 38-77-350, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND THE FORM REQUIRED TO BE USED IN THE OFFERING OF OPTIONAL COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE PROVISION REGARDING POLICIES OF INSURANCE OFFERED OR ISSUED BY A NEW SERVICING CARRIER FOR THE REINSURANCE FACILITY TO REPLACE POLICIES PREVIOUSLY ISSUED BY A FORMER SERVICING CARRIER AND CONTAINING THE SAME COVERAGE LIMITS AS THE FORMER POLICIES; BY ADDING SECTION 38-77-370 SO AS TO PROVIDE THAT IF AN INDIVIDUAL, AFTER PROPER IDENTIFICATION, SUBMITS A WRITTEN REQUEST TO AN INSURANCE-SUPPORT ORGANIZATION FOR ACCESS TO RECORDED PERSONAL INFORMATION ABOUT THE INDIVIDUAL THAT IS REASONABLY DESCRIBED BY THE INDIVIDUAL AND ABLE TO BE LOCATED AND RETRIEVED BY THE INSURANCE-SUPPORT ORGANIZATION, THE INSURANCE-SUPPORT ORGANIZATION, WITHIN THIRTY BUSINESS DAYS FROM THE DATE THE REQUEST IS RECEIVED, SHALL TAKE CERTAIN ACTION, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; BY ADDING SECTION 38-77-390 SO AS TO PROVIDE THAT IN THE EVENT OF A CANCELLATION OR NONRENEWAL OF AN AUTOMOBILE INSURANCE POLICY, INCLUDING CANCELLATIONS OR NONRENEWALS THAT INVOLVE POLICIES REFERRED TO IN SECTION 38-77-120, THE INSURER OR AGENT RESPONSIBLE FOR THE CANCELLATION OR NONRENEWAL SHALL GIVE CERTAIN WRITTEN NOTICE IN A FORM APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO THE APPLICANT, POLICYHOLDER, OR INDIVIDUAL PROPOSED FOR COVERAGE, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; TO AMEND SECTION 38-77-530, AS AMENDED, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE PLAN MUST COMMENCE RECOUPMENT OF FACILITY ASSESSMENTS BY WAY OF A SURCHARGE ON PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE BUSINESS ISSUED BY A MEMBER OR THROUGH THE FACILITY, THAT THE SURCHARGE MUST BE A PERCENTAGE OF THE PREMIUM ADOPTED BY THE GOVERNING BOARD OF THE FACILITY, THAT THE CHARGES DETERMINED ON THE BASIS OF THE SURCHARGE MUST BE DISPLAYED AS A PART OF THE APPLICABLE PREMIUM CHARGES, AND THAT THE FACILITY SHALL CONVERT TO THE PERCENTAGE-OF-PREMIUM BASIS OF RECOUPMENT BY MARCH 1, 1998; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS TO BE PLACED IN THE FACILITY AFTER MARCH 1, 1998, AND THAT A POLICY WITH AN EFFECTIVE DATE AFTER MARCH 1, 2001, SHALL NOT BE ACCEPTED BY THE FACILITY; TO AMEND SECTION 38-77-595, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND CONDITIONS FOR DESIGNATION OF AN OTHERWISE INELIGIBLE APPLICANT FOR "DESIGNATED PRODUCER", SO AS TO PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS TO BE PLACED IN THE FACILITY AFTER MARCH 1, 1998, AND THAT A POLICY WITH AN EFFECTIVE DATE AFTER MARCH 1, 2001, SHALL NOT BE ACCEPTED BY THE FACILITY; TO AMEND CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 8 SO AS TO ENACT PROVISIONS OF LAW CONCERNING "ASSIGNMENT OF RISKS"; TO PROVIDE THAT BEGINNING MARCH 1, 1998, INSURERS MAY NONRENEW A POLICY OF INSURANCE THAT THEY HAVE CURRENTLY CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, AND PROVIDE THAT THIS PROVISION DOES NOT APPLY TO BUSINESS WRITTEN THROUGH THE DESIGNATED PRODUCERS; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS, EFFECTIVE JANUARY 1, 2005; TO REPEAL SECTION 38-73-450, RELATING TO THE FAIRNESS OF AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES AND BURDEN ON THE INSURER TO PROVE FAIRNESS, SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SECTION 38-73-457, RELATING TO THE REQUIREMENT UPON AUTOMOBILE INSURERS AND RATING ORGANIZATIONS TO FILE INFORMATION ON BASE RATES, SECTION 38-73-460, RELATING TO THE EFFECT OF GAINS AND LOSSES INCURRED BY MEMBER INSURERS OF THE REINSURANCE FACILITY ON RATES FOR AUTOMOBILE INSURANCE, SECTION 38-73-465, RELATING TO AUTOMOBILE INSURANCE AND UNFAIRLY DISCRIMINATORY, EXCESSIVE, OR UNREASONABLE PROFITS OR RATES, SECTION 38-73-720, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE POWER TO ESTABLISH RISK AND TERRITORIAL CLASSIFICATIONS, SECTION 38-73-730, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND RISK CLASSIFICATION PLANS, SECTION 38-73-731, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, REMOVAL FROM THE YOUTHFUL DRIVER CLASSIFICATION, AND REFUND OF EXCESS PREMIUM PAID, SECTION 38-73-735, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SECTION 38-73-750, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS FILE WITH THE STATE RATING AND STATISTICAL DIVISION THEIR PLANS OR SYSTEMS FOR ALLOCATING EXPENSES AND PROFIT AS RESPECTS THE VARIOUS KINDS OR TYPES OF AUTOMOBILE INSURANCE RISKS AND THE CLASSES OF RISKS THEREUNDER, SECTION 38-73-760, RELATING TO INSURANCE, THE STATE-RATING AND STATISTICAL DIVISION, AND UNIFORM STATISTICAL PLANS, SECTION 38-73-770, RELATING TO INSURANCE AND THE REQUIREMENT THAT EVERY CLASSIFICATION PLAN PROMULGATED BY THE DEPARTMENT OF INSURANCE BE SO STRUCTURED AS TO PRODUCE RATES OR PREMIUM CHARGES WHICH ARE ADEQUATE, NOT EXCESSIVE, AND NOT UNFAIRLY DISCRIMINATORY, SECTION 38-73-775, RELATING TO THE ANNUAL FILING OF THE PHYSICAL DAMAGE LOSS COMPONENT BY THE SOUTH CAROLINA REINSURANCE FACILITY, SECTION 38-77-110, RELATING TO THE "MANDATE TO WRITE", AUTOMOBILE INSURANCE COVERAGE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SECTION 38-77-111, RELATING TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, SECTION 38-77-115, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE SIGNS REQUIRED IN AN AGENT'S PLACE OF BUSINESS, SECTION 38-77-145, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE PROVISION THAT PERSONAL INJURY PROTECTION COVERAGE IS NOT MANDATED, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES ARE TO BE IN ONE POLICY, SECTION 38-77-360, RELATING TO THE PROHIBITION AGAINST AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST-OFFENSE VIOLATIONS, SECTION 38-77-600, RELATING TO AUTOMOBILE INSURANCE AND THE REINSURANCE FACILITY RECOUPMENT CHARGE, SECTION 38-77-605, RELATING TO THE REQUIREMENT THAT THE REINSURANCE FACILITY RECOUPMENT CHARGE MUST BE DISPLAYED IN A CERTAIN MANNER IN INSURANCE PREMIUM NOTICES OR BILLS, SECTION 38-77-610, RELATING TO AUTOMOBILE INSURANCE AND THE FILING OF REINSURANCE FACILITY RECOUPMENT CHARGES, SECTION 38-77-620, RELATING TO AUTOMOBILE INSURANCE AND THE INCLUSION OF FACILITY RECOUPMENT CHARGES IN AUTOMOBILE INSURANCE RATES, SECTION 38-77-625, RELATING TO THE PROVISION THAT IF AN INSURED IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, HIS REINSURANCE FACILITY RECOUPMENT CHARGE MAY NOT BE INCREASED BY HIS INSURER BECAUSE OF THIS OCCURRENCE, AND ARTICLE 9, CHAPTER 77, TITLE 38, RELATING TO THE AUTOMOBILE INSURANCE LAW AND CERTAIN UNLAWFUL ACTS; AND TO PROVIDE THAT NONRENEWAL NOTICES MAY BE SENT BEFORE MARCH 1, 1998, FOR AUTOMOBILE INSURANCE POLICIES RENEWING ON OR AFTER THAT DATE.
Rep. CATO moved to adjourn debate upon the Bill until Thursday, May 15.
Rep. LITTLEJOHN moved to table the motion, which was not agreed to by a division vote of 61 to 12.
The question then recurred to the motion to adjourn debate, which was agreed to.
The following Bill was taken up. S. 207 (Word version) -- Senators Hayes, Short, Gregory, Thomas, Martin, Russell, Fair, Holland, Lander, Drummond, J. Verne Smith, Wilson, Ryberg and Moore: A BILL TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT REGULATION OF THESE MACHINES, INCLUDING THEIR PROHIBITION, PURSUANT TO THE VIDEO GAMES MACHINES ACT AND ITS COUNTY OPTION PROVISIONS; TO AMEND SECTION 12-21-2791, RELATING TO LIMITATIONS ON PAYOUTS ON MACHINES AS DEFINED UNDER THE VIDEO GAMES MACHINES ACT, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS AND CLARIFY THAT THIS PROVISION IS DIRECTED AT A PERSON; TO AMEND SECTION 12-21-2804, RELATING TO REGULATION OF VIDEO MACHINES, SO AS TO PROVIDE CIVIL PENALTIES FOR MACHINES LOCATED IN COUNTIES WHERE PAYOUTS ARE PROHIBITED, INCLUDING MONETARY PENALTIES, LICENSE REVOCATION, AND SEIZURE OF MACHINES, PROVIDE FOR THESE PENALTIES TO APPLY IMMEDIATELY AND PROVIDE THE SOLE REMEDY FOR THESE PENALTIES; TO AMEND SECTION 12-21-2808, RELATING TO REFERENDUMS ALLOWED IN COUNTIES ON CONTINUING OR PROHIBITING CASH PAYOUTS, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS, DELETE OBSOLETE PROVISIONS, AND MAKE OTHER TECHNICAL REVISIONS; TO AMEND SECTION 12-21-2809, RELATING TO THE PROHIBITIONS ON LICENSING AND LOCATING MACHINES IN NONPAYOUT COUNTIES, SO AS TO DELETE CRIMINAL PENALTIES FOR VIOLATIONS AND SUBJECT VIOLATORS TO THE CIVIL PENALTIES PROVIDED BY THIS ACT AND TO PROVIDE THAT THE PENALTY EXTENDS TO OWNING OR POSSESSING THESE MACHINES; TO PROVIDE THAT COUNTIES IN WHICH A MAJORITY "NO" VOTE WAS CERTIFIED IN THE REFERENDUM PROVIDED PURSUANT TO SECTION 12-21-2806 ARE DEEMED TO HAVE MADE THAT CHOICE PURSUANT TO SECTION 12-21-2808, AS AMENDED BY THIS ACT, WITH AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE PRORATED REFUNDS FOR MACHINES LICENSED IN SUCH COUNTIES; AND TO REPEAL SECTION 12-21-2806, RELATING TO THE INITIAL REFERENDUM ON CONTINUING CASH PAYOUTS.
Rep. EASTERDAY moved to adjourn debate upon the Bill until Thursday, May 15.
Rep. SIMRILL moved to table the motion, which was agreed to by a division vote of 62 to 31.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15166SD.97).
Amend the bill, as and if amended, page 2, by striking Section 12-21-2791 as contained in SECTION 2, and inserting:
/"Section 12-21-2791. Any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 shall limit the cash payout for credits earned for free games to two thousand five hundred credits per a player per location during any twenty-four hour period. The cash value of credits for each free game shall be limited to five cents. During any twenty-four hour period, no person is permitted to win more than one hundred twenty-five dollars over and above the amount deposited in a coin-operated machine authorized under Section 12-21-2720(A)(3)."/
Amend the bill further, as and if amended, by striking SECTION 8 as contained on page 5 and inserting:
/"SECTION 8. This act takes effect on May 31, 1998."/
Renumber sections to conform.
Amend title to conform.
Rep. SHEHEEN moved to divide the question.
Rep. KNOTTS moved to table the motion, which was not agreed to by a division vote of 17 to 66.
The question then recurred to the motion to divide the question, which was agreed to.
Amend the bill, as and if amended, page 2, by striking Section 12-21-2791 as contained in SECTION 2, and inserting:
/"Section 12-21-2791. Any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 shall limit the cash payout for credits earned for free games to two thousand five hundred credits per a player per location during any twenty-four hour period. The cash value of credits for each free game shall be limited to five cents. During any twenty-four hour period, no person is permitted to win more than one hundred twenty-five dollars over and above the amount deposited in a coin-operated machine authorized under Section 12-21-2720(A)(3)."/
Rep. SHEHEEN explained the amendment.
The SPEAKER granted Reps. WHATLEY and KINON a leave of absence for the remainder of the day.
Rep. SHEHEEN continued speaking.
Rep. H. BROWN moved to adjourn debate upon the amendment, which was adopted.
Amend the bill further, as and if amended, by striking SECTION 8 as contained on page 5 and inserting:
/"SECTION 8. This act takes effect on May 31, 1998."/
Rep. H. BROWN spoke against the amendment.
Rep. SHEHEEN moved to table the amendment.
Rep. KNOTTS demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 48 to 28.
Rep. H. BROWN proposed the following Amendment No. 4 (Doc Name P:\AMEND\GJK\20696HTC.97), which was ruled out of order.
Amend the bill, as and if amended, Section 6, page 5, by striking lines 30 through 33 and inserting:
/Notwithstanding the general effective date of this act, and upon receipt before June 1, 1998, by the Department of Revenue of an application for a license required pursuant to Section 12-21-2720(A)(3) of the 1976 Code for a machine to be located in a county in which was certified a majority "no" vote pursuant to Section 12-21-2806 of the 1976 Code, the department may issue a special license which shall expire after May 31, 1998, at a cost equal to one- half of the amount that would otherwise be due pursuant to Section 12-21-2720(A)(3). A machine with this special license located in other than a county in which a majority 'no' vote was certified pursuant to Section 12-21-2806 of the 1976 Code is deemed an unlicensed machine for all purposes of enforcement./
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION . A. Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2777. (A) A tax at the rate of ten percent is imposed on the net income derived from a machine licensed pursuant to Section 12-21-2720(A).
(B) The tax is due and payable on a monthly basis, on or before the twentieth day of the month, and the person liable for the tax on the due date shall make a return to the department, in a form it prescribes, showing the total cash in, total payout, and net machine income for the previous month, and remit the tax with it.
(C) Persons required to make the report required pursuant to Section 12-21-2776(B) are liable for the tax.
(D) Enforcement and collection of this tax are as provided in Chapter 54 of this title. "
B. Section 12-21-2791 of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"Section 12-21-2791. Any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 shall limit the cash payout for credits earned for free games to two thousand five hundred credits per player per location during any twenty-four hour period. The cash value of credits for each free game shall be limited to five cents. During a twenty-four hour period, a person is not permitted to win more than one hundred twenty-five dollars over and above the amount deposited in a coin-operated machine authorized under Section 12-21-2720(A)(3)."
C. Section 12-21-2710 of the 1976 Code is amended to read:
"Section 12-21-2710. It is unlawful for any person to keep on his premises or operate or permit to be kept on his premises or operated within this State any vending or slot machine, punch board, pull board, or other device pertaining to games of chance of whatever name or kind, including those machines, boards, or other devices that display different pictures, words, or symbols, at different plays or different numbers, whether in words or figures or, which deposit tokens or coins at regular intervals or in varying numbers to the player or in the machine, but the provisions of this section do not extend to any machine licensed pursuant to Section 12-21-2720(A)(3) on which is played any game on coin-operated nonpayout pin tables, in-line pin games, and video games with free play feature or to automatic weighing, measuring, musical, and vending machines which are constructed as to give a certain uniform and fair return in value for each coin deposited and in which there is no element of chance.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for a period of not more than one year, or both."
D. Notwithstanding other effective dates provided in this act, This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.
Rep. H. BROWN explained the amendment.
Rep. EASTERDAY: I raise a point of germaneness. If you look under Section 12-21-2777 this imposes a new tax. If you look at the Bill there is nothing in the original Bill that has to do with a tax.
SPEAKER WILKINS: What does your amendment do Mr. Brown?
Rep. H. BROWN: It adds a new fee of 10% of the net proceeds.
SPEAKER WILKINS: The Bill we have before us as amended, presently (S.207), does it deal with any increase in revenues for machines?
Rep. KELLEY: This amendment deals with the 125 language. It also deals with the May 31 language that we already addressed on the Bill and it does include a provision which takes a portion of the fees that are generated as net proceeds and pays them into the State. So as an amendment it applies.
Rep. COTTY: Mr. Speaker, the 125 he is talking about, we adjourned debate on that amendment, that is an amendment - that is not the Bill. As far as the other one, that was Amendment 1B and we already tabled it. So that is not before us, so I don't think it is germane.
SPEAKER WILKINS: That 125 language is not in the Bill. Right, Mr. Brown?
Rep. H. BROWN: Mr. Speaker, the Bill has a negative impact of 4.2 million dollars if we pass this amendment. It has a direct impact on the budget.
SPEAKER WILKINS: I understand that - that is the gravity of the situation. The question is whether it is germane or not.
Rep. FELDER: Does this tax effect more than 50% of the people? It directly impacts on appropriation of the whole budget.
SPEAKER WILKINS: So, you are saying that point makes it germane?
Rep. FELDER: No sir. I am wondering if it does effect more than 50% because if it becomes part of the Bill, then it directly impacts and it has to go to Ways and Means.
SPEAKER WILKINS: I have no way of ruling that it impacts some 50% of the population. My guess would be that it does not, but I have no way of knowing that. Mr. Brown, as you know under our House Rule 9.3 to be germane an amendment has to have the same substantial effect or impact as a bill. As I read S.207 it impacts or deals with penalties for the illegal operation of video poker machines. It changes those penalties from criminal to civil - that's the Bill. It does not deal with licensing fees. Your amendment deals with licensing fees. It adds a 10% fee. It doesn't deal with penalties - it deals with the fees. The Bill deals with the penalties. Granted, we are still dealing with video poker machines overall, but my initial impression is that it does not satisfy the substantial effect rule of 9.3.
Rep. HASKINS: I would like to argue in favor of Mr. Brown's position. This legislation is dealing with the authorizing of the operation of video poker machines. When you are broadly authorizing where the machines may be played, then whatever regulations you might put on that authorization should be germane. If the Speaker were to rule that it is not germane to impose a fee as a condition under which the machines can be operated, then the Speaker would also have to rule that the committee amendment is not germane because the Senate Bill that came over was dealing with one aspect of the authorization. We should not limit the House in its ability to talk about other aspects under what circumstances video poker will be authorized. Otherwise, there will be no way for us to amend the Bill. If our amendments did not do what the Senate had originally done, they would all be nongermane.
Rep. H. BROWN: I would further add to Mr. Haskins' explanation that although it doesn't address fees, in effect whatever machines that will be lost out of those 12 counties, the State in effect will have a reduction in revenue by whatever number of machines are withdrawn.
Rep. EASTERDAY: I would argue against Mr. Haskins interpretation that anything the Senate sent over here, we could amend anyway we want to and avoid the germaneness rule. He is just circumventing the rules of the House.
SPEAKER WILKINS: First of all, I don't agree with Mr. Haskins' analogy that if I rule this out of order we can't deal with amendment 1A because Section 2 of the Bill deals with exactly the same Code Section as 1A (12-21-2791). It is that same exact language, so 1A is definitely germane - no question about that. I don't buy in on that analogy.
Rep. QUINN: Mr. Speaker, this Bill does deal with the tax on the machines. Allowing the machines to operate for a year and the conditions and terms of the tax that was levied to allow it to operate for that time period was in the Bill. In other words, we said until we had to vote just a minute ago, the machines could operate for this period of time and the taxes they paid are still relevant. My point is the taxes on the video poker machine are being considered.
SPEAKER WILKINS: You have got to deal with the Bill as it now exists. So, the effective date in the Bill right now is the first day of the second month. I agree with you, but we are not talking about a year's worth of taxes, we are talking about maybe 30-45 days. I still don't think that makes it germane or nongermane.
Rep. COTTY: Further on that same point, the amendment has not been adopted.
Rep. CAMPSEN: I would argue that Mr. Brown's amendment is germane because the Bill deals with the net take from each machine and limiting the amount any individual can win in a 24 hour period to the net take. What his amendment does is say we are going to take 10% of that net take as a tax on this machine.
Rep. HASKINS: On page 5 of the Bill in Section H, it directs the department to refund to any person holding a license on a prorated basis, the portion of any license fees previously paid the department for licenses which extend beyond July 1 of the year after the referendum. It is specifically dealing with the license fees and, therefore, this amendment which specifically deals with what the amount of those license fees are should be germane.
Rep. EASTERDAY: The fees have nothing to do with the new tax that Mr. Brown is imposing in this particular amendment. This 10% appears nowhere in the Bill. It makes one small reference to the fees, but the substantial effect of this amendment is to create a new tax that is not currently in place, never referenced in the Bill.
SPEAKER WILKINS: Mr. Brown, is that the tax that you are imposing - 10%? What is the license tax now on video poker?
Rep. Brown: They were $1500, the Senate added another $500 to make it $2000.
SPEAKER WILKINS: They are referring in this Bill to refund of license fees when you don't get to keep the machine all year - that is the $1500?
Rep. BROWN: That's right.
SPEAKER WILKINS: You are imposing an additional fee?
Rep. BROWN: We are restructuring the way they pay their fees.
SPEAKER WILKINS: So what is it going to be if your amendment is passed?
Rep. BROWN: It will be the $2000 plus 10% of their net proceeds.
SPEAKER WILKINS: That will be one fee?
Rep. BROWN: Yes, sir.
SPEAKER WILKINS: Well there is a disagreement on that.
Rep. SHEHEEN: One is a license fee and they stick it on the machine. What his amendment does is impose a 10% tax on the net proceeds on what they take out of the machine. It doesn't have anything to do with the license fee. One is a license fee to put a sticker on the machine, the other one is a 10% tax on the net proceeds.
SPEAKER WILKINS: Do you agree with that description of what your amendment does? Is there a distinction between the present license fees and the tax you are imposing by your amendment?
Rep. BROWN: I don't think we identified 10% being a tax.
SPEAKER WILKINS: The amendment doesn't use the word fee, it uses the word tax, correct?
Rep. WILKES: I would just follow up with what Mr. Sheheen said in that the license fee is a fixed determinable fee that is put on a machine for a specified period of time. This is a variable tax which is put on the gross net revenues of the machine and has absolutely nothing to do with whether or not that is a licensed machine or not. One is a tax and variable and one is a fee and fixed.
Rep. BROWN: Mr. Speaker, I don't know if we can identify what is a tax and what is a fee. It all goes into the treasury and we spend it.
SPEAKER WILKINS: You call one a tax and the other a fee. Fee is a set amount in this case. The tax is a percent.
Rep. QUINN: What we are considering has a lot of other things that are encompassed in the amendment. We have several things that deal not only with the enacting time of the licenses but also the other issues of operation.
SPEAKER WILKINS: I am going to sustain the Point of Order. I don't think it meets the substantial impact rule of House Rule 9.3. I was persuaded, for a time, by Mr. Haskins' reference to the refund of a fee in the Bill, but we are talking about imposing a brand new tax on the machines that is totally separate and different from the present fees. If we were increasing the fees, I think it may be germane, perhaps because there is some reference. The main gist of the whole Bill as I started out by saying is penalties. The whole gist of your amendment is to increase the fees. I think it is a close case, but in good conscience I can't say it is germane under Rule 9.3, so I am going to sustain the Point of Order.
Rep. HARRISON proposed the following Amendment No. 5 (Doc Name P:\AMEND\JIC\6095HTC.97), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. A. Section 12-21-2738 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"Section 12-21-2738. A person who fails, neglects, or refuses to comply with the terms and provisions of this article or who fails to attach the required license to any machine, apparatus, billiard, or pocket billiard table, as herein required, is subject to a penalty of fifty dollars for each failure, and the penalty must be assessed and collected by the commission.
If the violation under this section relates to a machine licensed pursuant to Section 12-21-2720(A)(3), the applicable penalty amount is two thousand five hundred dollars, no part of which may be suspended, and one-half of this penalty must be deposited to the credit of the general fund of the State and one-half must be retained by or forwarded to the law enforcement or administrative agency charging the violation."
B. Notwithstanding any other effective dates provided in this act, this section is effective upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted by a division vote of 52 to 27.
Rep. COTTY moved to recommit the Bill.
Rep. CARNELL moved to table the motion, which was agreed to.
Amend the bill, as and if amended, page 2, by striking Section 12-21-2791 as contained in SECTION 2, and inserting:
/"Section 12-21-2791. Any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 shall limit the cash payout for credits earned for free games to two thousand five hundred credits per a player per location during any twenty-four hour period. The cash value of credits for each free game shall be limited to five cents. During any twenty-four hour period, no person is permitted to win more than one hundred twenty-five dollars over and above the amount deposited in a coin-operated machine authorized under Section 12-21-2720(A)(3)."/
Rep. CARNELL explained the amendment.
Rep. COTTY spoke against the amendment.
Rep. EASTERDAY moved to table the amendment, which was agreed to.
Rep. H. BROWN proposed the following Amendment No. 6 (Doc Name P:\AMEND\GJK\20696HTC.97), which was ruled out of order.
Amend the bill, as and if amended, Section 6, page 5, by striking lines 30 through 33 and inserting:
/Notwithstanding the general effective date of this act, and upon receipt before June 1, 1998, by the Department of Revenue of an application for a license required pursuant to Section 12-21-2720(A)(3) of the 1976 Code for a machine to be located in a county in which was certified a majority "no" vote pursuant to Section 12-21-2806 of the 1976 Code, the department may issue a special license which shall expire after May 31, 1998, at a cost equal to one- half of the amount that would otherwise be due pursuant to Section 12-21-2720(A)(3). A machine with this special license located in other than a county in which a majority 'no' vote was certified pursuant to Section 12-21-2806 of the 1976 Code is deemed an unlicensed machine for all purposes of enforcement./
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION . A. Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2777. (A) An additional license fee at the rate of ten percent is imposed on the net income derived from a machine licensed pursuant to Section 12-21-2720(A).
(B) The fee is due and payable on a monthly basis, on or before the twentieth day of the month, and the person liable for the fee on the due date shall make a return to the department, in a form it prescribes, showing the total cash in, total payout, and net machine income for the previous month, and remit the fee with it.
(C) Persons required to make the report required pursuant to Section 12-21-2776(B) are liable for the fee.
(D) Enforcement and collection of this fee are as provided in Chapter 54 of this title. "
B. Section 12-21-2791 of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"Section 12-21-2791. Any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 shall limit the cash payout for credits earned for free games to two thousand five hundred credits per player per location during any twenty-four hour period. The cash value of credits for each free game shall be limited to five cents. During a twenty-four hour period, a person is not permitted to win more than one hundred twenty-five dollars over and above the amount deposited in a coin-operated machine authorized under Section 12-21-2720(A)(3)."
C. Section 12-21-2710 of the 1976 Code is amended to read:
"Section 12-21-2710. It is unlawful for any person to keep on his premises or operate or permit to be kept on his premises or operated within this State any vending or slot machine, punch board, pull board, or other device pertaining to games of chance of whatever name or kind, including those machines, boards, or other devices that display different pictures, words, or symbols, at different plays or different numbers, whether in words or figures or, which deposit tokens or coins at regular intervals or in varying numbers to the player or in the machine, but the provisions of this section do not extend to any machine licensed pursuant to Section 12-21-2720(A)(3) on which is played any game on coin-operated nonpayout pin tables, in-line pin games, and video games with free play feature or to automatic weighing, measuring, musical, and vending machines which are constructed as to give a certain uniform and fair return in value for each coin deposited and in which there is no element of chance.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for a period of not more than one year, or both."
D. Notwithstanding other effective dates provided in this act, This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.
Rep. H. BROWN explained the amendment.
Rep. HODGES raised a Point of Order that Amendment No. 6 was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
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 Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hinson Hodges Howard Jennings Jordan Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Lloyd Loftis Mack Maddox Martin McCraw McLeod McMaster Miller Moody-Lawrence Mullen Neilson Parks Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Trotter Vaughn Walker Webb Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
McMahand
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3785 (Word version) -- 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. BAILEY moved to table the Bill, which was agreed to.
The following was received from the Senate.
Columbia, S.C., May 14, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3101:
H. 3101 (Word version) -- Reps. Allison, Kirsh, Meacham and Knotts: A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER AGE SIXTEEN OUTSIDE THE STATE WITH THE INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO MAKE IT UNLAWFUL TO TAKE OR TRANSPORT A CHILD OUTSIDE OF THE STATE WITH THE INTENT TO CIRCUMVENT A CUSTODY PROCEEDING WHEN A PETITION HAS BEEN FILED SEEKING A CUSTODY DETERMINATION, TO INCREASE THE PENALTY FOR VIOLATIONS, TO INCLUDE APPLICATION OF THE SECTION TO CHILDREN BORN OUT OF WEDLOCK, TO INCREASE THE PENALTY IF PHYSICAL FORCE IS USED OR THREATENED, AND TO AUTHORIZE ASSESSING TRAVEL AND OTHER EXPENSES INCURRED IN THE PROSECUTION OF THE ACTION.
and asks for a Committee of Conference and has appointed Senators Gregory, Courtney and Hutto of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. YOUNG, HASKINS and ALLISON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 14, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3065:
H. 3065 (Word version) -- Reps. Limehouse, Baxley, Seithel, Altman, Whatley, Vaughn, Simrill, Harrell and Hinson: A BILL TO AMEND SECTION 50-11-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL MOLESTING OR KILLING OF BIRDS OF PREY, SO AS TO INCREASE THE PENALTIES FOR VIOLATION IF THE BIRD OF PREY IS A BALD EAGLE, AND PROVIDE THAT THE PERSON CONVICTED SHALL LOSE HIS HUNTING LICENSE AND BE PROHIBITED FROM HUNTING IN THIS STATE FOR A PERIOD OF FIFTEEN YEARS IF THE BALD EAGLE WAS KILLED AND FOR A PERIOD OF FIVE YEARS IF THE BALD EAGLE WAS MOLESTED.
and asks for a Committee of Conference and has appointed Senators Cork, Gregory and Hutto to the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. RHOAD, LIMEHOUSE and WITHERSPOON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 14, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 178:
S. 178 (Word version) -- 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.
Very respectfully,
President
On motion of Rep. BAXLEY, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. JENNINGS, BAXLEY and LITTLEJOHN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. KIRSH moved that the House recur to the morning hour, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3874 (Word version) -- Reps. Campsen, Young and Woodrum: A BILL TO AMEND SECTION 16-11-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR TRESPASS AGAINST REAL PROPERTY, AND SECTION 15-67-610, RELATING TO CIVIL REMEDIES FOR TRESPASS AGAINST REAL PROPERTY, SO AS TO EXEMPT THE OWNER OR LESSEE OF CERTAIN LAND FROM CRIMINAL AND CIVIL LIABILITY WHEN HIS ENTRY ONTO ANOTHER'S LAND IS NECESSARY FOR IMPROVEMENTS, REPAIRS, OR MAINTENANCE, UNDER CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4149 (Word version) -- Rep. Lanford: A BILL TO PROVIDE THAT THE POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN REGARD TO THE "PRACTICE OF SPECIALIZING IN HEARING AIDS ACT" UNDER CHAPTER 25 OF TITLE 40 OF THE 1976 CODE ARE DEVOLVED UPON THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO PROVIDE THAT THE COMMISSION FOR HEARING AID SPECIALISTS SHALL ACT AS A PROFESSIONAL AND OCCUPATIONS LICENSING BOARD FOR HEARING AID SPECIALISTS WITHIN THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4150 (Word version) -- Reps. Jennings and Kinon: A BILL TO REPEAL ACT 524 OF 1996 RELATING TO THE MARLBORO COUNTY ECONOMIC DEVELOPMENT BOARD.
Referred to Marlboro Delegation.
S. 742 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FAMILY INDEPENDENCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2177, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Judiciary.
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following: H. 4129 (Word version) -- Reps. G. Brown and J. Hines: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF ROSA LEE LUCKEY OF LEE COUNTY ON THE OCCASION OF HER DEATH ON APRIL 30, 1997.
H. 4132 (Word version) -- Rep. Spearman: A CONCURRENT RESOLUTION CONGRATULATING COACH MAC QUATTLEBAUM, FORMER INSTRUCTOR AND COACH OF THE HOLLYWOOD HIGH SCHOOL MEN'S AND WOMEN'S BASKETBALL TEAMS, ON BEING HONORED BY SALUDA SCHOOL DISTRICT ONE BY HAVING THE SCHOOL'S GYMNASIUM NAMED FOR HIM.
H. 4133 (Word version) -- Reps. Allison, Townsend, 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, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION SALUTING MISS SOUTH CAROLINA, ANGELA MICHELLE HUGHES, ON HER OUTSTANDING ACCOMPLISHMENTS AND HER SUPERB REPRESENTATION OF THE PALMETTO STATE DURING THE PAST YEAR.
H. 4139 (Word version) -- Reps. Barfield, Battle, Witherspoon, Edge, Miller, Kelley, Keegan and Harvin: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING WILLIAM F. "BILL" DAVIS OF HORRY COUNTY ON RECEIVING THE HONORARY DEGREE OF DOCTOR OF PUBLIC SERVICE FROM COASTAL CAROLINA UNIVERSITY. H. 4140 (Word version) -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, 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, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING THE NATIONAL ASSOCIATION OF REAL ESTATE BROKERS, INC., ON PROVIDING FIFTY YEARS OF SERVICE TO THE UNITED STATES.
H. 4141 (Word version) -- Reps. Young, Woodrum, Harvin, Canty, G. Brown and Neal: A CONCURRENT RESOLUTION TO EXTEND TO THE FAMILY AND MANY FRIENDS OF FORMER STATE SENATOR HENRY B. "PUNCH" RICHARDSON, SR., OF SUMTER, THE HEARTFELT SYMPATHY OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA ON THEIR LOSS OF A LOVING FAMILY MEMBER AND DEDICATED PUBLIC SERVANT.
H. 4144 (Word version) -- Reps. Harvin and Young: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING DR. THOMAS MARION DAVIS OF CLARENDON COUNTY, A LEGENDARY FIGURE IN MEDICINE IN THE PEE DEE, FOR HIS MANY YEARS OF DEDICATION TO THE MEDICAL PROFESSION AND THE GOOD PEOPLE OF THE PALMETTO STATE. H. 4145 (Word version) -- Reps. Byrd, Howard, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, 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, 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, Wilkins, Witherspoon, Woodrum, Young, and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING REVEREND ROSCOE C. WILSON, SR. OF RICHLAND COUNTY FOR FORTY-NINE YEARS AS PASTOR OF SAINT JOHN BAPTIST CHURCH AND FOR HIS OUTSTANDING SERVICE AND SPIRITUAL AND CIVIC LEADERSHIP TO COLUMBIA AND THE STATE OF SOUTH CAROLINA.
H. 4146 (Word version) -- Rep. McMahand: A CONCURRENT RESOLUTION CONGRATULATING THE FORENSICS TEAM OF SOUTHSIDE HIGH SCHOOL OF GREENVILLE COUNTY ON BECOMING THE 1997 SOUTH CAROLINA STATE SPEECH AND DEBATE CHAMPIONS.
H. 4090 (Word version) -- 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.
At 4:40 P.M. the House in accordance with the motion of Rep. WILDER adjourned in memory of L.L. Copeland of Clinton, to meet at 10:00 A.M. tomorrow.
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