Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Inspire us, Lord, by Your teachings constantly to strive for the noblest and the best; never to be satisfied with the routine or the status quo, knowing that the only difference between a rut and a grave is its length. So give us a vision of life not bounded by our own selfish desires, but may we possess the power to live for the good of our fellow beings. Teach us to know that a kind word spoken to a person in need is like a brilliant star in the darkness of the night.
Thank You, Father God, 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 Friday, the SPEAKER ordered it confirmed.
Rep. PARKS moved that when the House adjourns, it adjourn in memory of Kendric Childs of Greenwood County, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 2176
Promulgated By Department of Labor, Licensing and Regulation- Manufactured Housing Board
Statutory Authority: 1976 Code Section 40-29-50
Manufactured Homes; Practices in the Industry
Received By Speaker March 12, 1997
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date July 10, 1997
(Subject to Sine Die Revision)
The following was received.
Columbia, S.C., May 22, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 358:
S. 358 (Word version) -- Senator Bryan: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT THERAPEUTICALLY-CERTIFIED, OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 22, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators McConnell, Courtney and Passailaigue of the Committee of Conference on the part of the Senate on S. 254:
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". (Abbreviated Title)
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., May 22, 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. 559:
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.
Very respectfully,
President
On motion of Rep. TOWNSEND, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. TOWNSEND, J. HINES and WALKER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 281 (Word version) -- Senators Ford, Glover, Short, McConnell, Courtney, Waldrep, Rose, Wilson, Matthews, Patterson, Washington, Anderson, Mescher, Williams, Moore, Setzler, Cork, Elliott, Land, Hutto, Russell, Ravenel, Gregory, Leventis, Alexander, Saleeby, Drummond, McGill, Hayes, Holland, Leatherman, Thomas, J. Verne Smith, Courson, Reese, Rankin, Martin, Giese, Bryan, Lander and Passailaigue: A BILL TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-210, SO AS TO PROHIBIT THE REMOVAL OR RENAMING OF CERTAIN MONUMENTS AND MEMORIALS LOCATED ON PUBLIC PROPERTY WITHOUT A TWO-THIRDS VOTE OF EACH BRANCH OF THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 409 (Word version) -- Senators Drummond, Bryan, Ford, Hayes, Holland, Hutto, Jackson, Land, Lander, Leventis, Martin, Matthews, McGill, O'Dell, Patterson, Rankin, Reese, Short, Waldrep, Williams, Peeler, Moore and Saleeby: A BILL TO AMEND SECTION 4-9-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENACTMENT OF GENERAL LAWS AFFECTING COUNTIES' EXPENDITURES AND REVENUE RAISING, SO AS TO DELETE PROVISIONS IN THE GENERAL AND SPECIAL APPROPRIATION BILLS AS EXEMPTIONS; TO DESIGNATE SECTIONS 4-10-10 THROUGH 4-10-100 AS ARTICLE 1, ENTITLED "LOCAL OPTION SALES TAX"; TO AMEND SECTION 4-10-10, 1976 CODE, SO AS TO DEFINE "POSITIVE MAJORITY"; TO ADD SECTION 4-10-16, SO AS TO PROVIDE THAT A COUNTY MAY NOT BE SUBJECT TO MORE THAN ONE PERCENT LOCAL OPTION SALES TAX AT THE SAME TIME; TO ADD SECTION 4-10-21 TO PROVIDE FOR LOCAL OPTION SALES TAX BY ORDINANCE OF ONE PERCENT ENACTED BY A POSITIVE MAJORITY; TO AMEND SECTION 4-10-25, RELATING TO APPLICATION OF TAX TO CONSTRUCTION CONTRACTS, SO AS TO PROVIDE THAT THESE PROVISIONS APPLY TO SECTION 4-10-21; TO AMEND CHAPTER 10, TITLE 4, BY ADDING ARTICLE 3, ENTITLED "CAPITAL PROJECT SALES TAX ACT" SO AS TO ALLOW FOR A ONE PERCENT LOCAL SALES TAX TO FUND CAPITAL PROJECTS BY REFERENDUM; ALLOW A COUNTY TO CREATE A COMMISSION TO CONSIDER PROPOSALS FOR FUNDING CAPITAL PROJECTS WITHIN THE COUNTY AREA; TO PROVIDE FOR THE COMPOSITION OF THE COMMISSION; AND TO AMEND TITLE 6, CHAPTER 1, RELATING TO LOCAL GOVERNMENTS, BY DESIGNATING SECTIONS 6-1-10 THROUGH 6-1-110 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS"; TO ADD SECTION 6-1-85 TO REQUIRE THE BUDGET AND CONTROL BOARD, DIVISION OF BUDGET AND ANALYSES TO MONITOR AND REVIEW THE RELATIVE PROPERTY TAX BURDEN ON EACH CLASS OF TAXABLE PROPERTY AND DEVELOP MODELS TO ESTIMATE THE SHIFT IN PROPERTY TAX BURDENS AMONG THE CLASSES; TO ADD ARTICLE 3, ENTITLED "AUTHORITY OF LOCAL GOVERNMENTS TO ASSESS TAXES AND FEES", SO AS TO PROVIDE THAT A LOCAL GOVERNING BODY MAY NOT IMPOSE A NEW TAX AFTER DECEMBER 31, 1996, UNLESS SPECIFICALLY AUTHORIZED BY THE GENERAL ASSEMBLY; TO PROVIDE THAT A POSITIVE MAJORITY WOULD BE REQUIRED TO IMPOSE OR INCREASE A BUSINESS LICENSE TAX; TO PROVIDE THAT MILLAGE RATES MAY ONLY BE INCREASED ABOVE THE CONSUMER PRICE INDEX BY A POSITIVE MAJORITY VOTE AND TO LIST EXCEPTIONS; TO PROVIDE THAT FEES MUST BE ENACTED BY A POSITIVE MAJORITY AND THAT REVENUE FROM FEES MUST BE KEPT SEPARATE FROM THE GENERAL FUND UNLESS IT IS LESS THAN FIVE PERCENT OF THE TOTAL BUDGET; TO PROVIDE FOR UTILITY FEES; TO ADD ARTICLE 5, ENTITLED "LOCAL ACCOMMODATIONS TAX", TO ALLOW FOR A FOUR PERCENT LOCAL ACCOMMODATIONS TAX, AND TO SPECIFY HOW THE REVENUE MUST BE HELD AND USED; TO ADD ARTICLE 7, ENTITLED "LOCAL HOSPITALITY TAX" SO AS TO ALLOW FOR A TWO PERCENT HOSPITALITY TAX AND TO SPECIFY HOW THE REVENUE MUST BE HELD AND USED; AND TO AMEND CHAPTER 11, TITLE 6, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING ARTICLE 15, SO AS TO PROVIDE FOR DISSOLUTION OF SPECIAL PURPOSE DISTRICTS BY PETITION AND REFERENDUM.
Rule 5.12 was waived by a division vote of 41 to 2.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 315 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES AT AN EXECUTION, SO AS TO REVISE THE NUMBER OF PERSONS WHO MAY WITNESS AN EXECUTION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 60 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 56-5-2990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN REVOKED FOR A FIFTH OFFENSE; AND TO ADD SECTION 56-1-385, SO AS TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS FOR REINSTATEMENT OF THE DRIVER'S LICENSE AFTER A FIFTH OFFENSE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 708 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO EXCESS PROFITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2146, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 709 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO LIFE INSURANCE ILLUSTRATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2149, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 710 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO MINIMUM RESERVE STANDARDS FOR INDIVIDUAL AND GROUP ACCIDENT AND HEALTH INSURANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2147, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 271 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO CLARIFY REQUIREMENTS FOR FIRM LICENSURE; TO PROVIDE THAT THE BOARD MAY INITIATE AN INVESTIGATION; TO EXPAND GROUNDS FOR DISCIPLINARY ACTION; AND REVISE EXAMINATION PROCEDURES.
Ordered for consideration tomorrow.
The following was introduced:
H. 4208 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE SILVER BLUFF HIGH SCHOOL "LADY DOGS" TRACK AND FIELD TEAM OF AIKEN COUNTY ON WINNING THE 1997 CLASS AA STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4209 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE MIDLAND VALLEY HIGH SCHOOL "MUSTANGS" BASEBALL TEAM OF AIKEN COUNTY ON WINNING THE 1997 CLASS AAA STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. YOUNG, with unanimous consent, the following was taken up for immediate consideration:
H. 4210 (Word version) -- Reps. Young, Woodrum, G. Brown, Canty, Neal: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SUMTER HIGH SCHOOL TRACK TEAM, COACHES, ASSISTANTS, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, MAY 28, 1997, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1997 AAAA STATE TRACK CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Sumter High School Track Team, coaches, assistants, and other school officials on Wednesday, May 28, 1997, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1997 AAAA State Track Championship.
The Resolution was adopted.
The following was introduced:
H. 4211 (Word version) -- Reps. Scott, J. Brown, Howard, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. 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, 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 COMMENDING MRS. SARA FAYE OWENS HARDY OF RICHLAND COUNTY FOR HER OUTSTANDING SERVICE OF THIRTY-THREE YEARS TO PUBLIC EDUCATION AND WISHING HER ABUNDANT HAPPINESS FOLLOWING HER RETIREMENT FROM RICHLAND COUNTY SCHOOL DISTRICT ONE AS PRINCIPAL OF ALCORN MIDDLE SCHOOL IN COLUMBIA, SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. EDGE, with unanimous consent, the following was taken up for immediate consideration:
H. 4212 (Word version) -- Rep. Edge: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF JUNE 1-7, 1997, AS "SMALL BUSINESS WORKS FOR SOUTH CAROLINA WEEK" IN THIS STATE IN RECOGNITION OF THE ONGOING SOCIAL AND ECONOMIC CONTRIBUTIONS TO THE AMERICAN WAY OF LIFE MADE BY SOUTH CAROLINA'S SMALL BUSINESS OWNERS.
Whereas, Small Business works for America and South Carolina by providing jobs for almost sixty percent of the private-sector workforce; and
Whereas, Small Business works for America and South Carolina by creating two of every three net new jobs; and
Whereas, Small Business works for America and South Carolina by providing that all-important first job to virtually all inexperienced workers; and
Whereas, Small Business works for America and South Carolina by being the most innovative economic power in the world, producing more major inventions, and bringing them to the market more quickly than their larger competitors, both domestic and foreign, combined; and
Whereas, Small Business works for America and South Carolina by playing a vital and enriching role in community life, underwriting innumerable local civic, cultural, educational, recreational, and charitable endeavors. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly hereby declares the week of June 1-7, 1997, as "Small Business Works for South Carolina Week" in this State in recognition of the ongoing social and economic contributions to the American way of life made by South Carolina's Small Business owners.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. STILLE, with unanimous consent, the following was taken up for immediate consideration:
H. 4213 (Word version) -- Reps. Stille, Carnell, Parks and Townsend: A HOUSE RESOLUTION TO ALLOW THE ABBEVILLE HIGH SCHOOL PANTHERS BOYS TRACK TEAM AND ITS COACHES THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, MAY 29, 1997, FOR THE PURPOSE OF BEING RECOGNIZED AS WINNING THE CLASS AA STATE TRACK CHAMPIONSHIP FOR 1997.
Be it resolved by the House of Representatives:
That the Abbeville High School Panthers Boys Track Team and its coaches are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Thursday, May 29, 1997, for the purpose of being recognized as winning the Class AA State Track Championship for 1997.
The following was introduced:
H. 4214 (Word version) -- Reps. Stille, Carnell, Parks and Townsend: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE MEMBERS AND COACHES OF THE ABBEVILLE HIGH SCHOOL PANTHERS BOYS TRACK TEAM ON BEING 1997 STATE AA TRACK CHAMPIONS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4215 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LAW ENFORCEMENT DIVISION, RELATING TO CONCEALABLE WEAPONS PERMIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2196, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4216 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO CRIMINAL JUSTICE ACADEMY, E-911 OPERATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2181, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4217 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO CRIMINAL JUSTICE ACADEMY, LAW ENFORCEMENT TRAINING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2186, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4218 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, MANUFACTURED HOUSING BOARD, RELATING TO MANUFACTURED HOMES, PRACTICES IN THE INDUSTRY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2176, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4219 (Word version) -- Rep. Klauber: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN GREENWOOD COUNTY SO AS TO REVISE CERTAIN PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE SHOWN.
On motion of Rep. KLAUBER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4220 (Word version) -- Rep. Neilson: A BILL TO AMEND SECTION 23-28-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF RESERVE POLICE OFFICERS AND THE MINIMUM LOGGED SERVICE TIME REQUIRED OF THESE OFFICERS, SO AS TO REDUCE THIS SERVICE TIME FROM TWENTY TO TEN HOURS A MONTH AND SIXTY TO THIRTY HOURS A QUARTER.
Referred to Committee on Ways and Means.
S. 583 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 40-47-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELEVANT TO RESPIRATORY CARE, SO AS TO REVISE THE DEFINITIONS OF THE "PRACTICE OF RESPIRATORY CARE"; TO AMEND SECTION 40-47-530, RELATING TO EXEMPTIONS FROM RESPIRATORY CARE REGULATION, SO AS TO INCLUDE AS AN EXEMPTION EMPLOYEES OF DURABLE MEDICAL EQUIPMENT COMPANIES UNDER CERTAIN CONDITIONS; TO AMEND SECTIONS 40-47-520, 40-47-590, 40-47-600, AS AMENDED, 40-47-610, 40-47-620, 40-47-625, 40-47-630, AS AMENDED, 40-47-640, 40-47-650, 40-47-655, AS AMENDED, AND 40-47-660, AS AMENDED, ALL RELATING TO THE CERTIFICATION AND REGULATION OF RESPIRATORY CARE THERAPISTS, SO AS TO REQUIRE LICENSURE RATHER THAN CERTIFICATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
On motion of Rep. SEITHEL, with unanimous consent, the following was taken up for immediate consideration:
H. 4221 (Word version) -- Rep. Seithel: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO ARNOLD S. GOODSTEIN II OF DORCHESTER COUNTY ON TUESDAY, MAY 27, 1997, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE STATE PTO OVERALL REFLECTIONS LITERATURE COMPETITION SPONSORED BY THE NATIONAL PARENT TEACHER ORGANIZATION.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to Arnold S. Goodstein II of Dorchester County on Tuesday, May 27, 1997, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the State PTO Overall Reflections Literature Competition sponsored by the National Parent Teacher Organization.
The Resolution was adopted.
The following was introduced:
H. 4222 (Word version) -- Rep. Seithel: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO ARNOLD S. GOODSTEIN II OF DORCHESTER COUNTY ON WINNING THE STATE PTO OVERALL REFLECTIONS LITERATURE COMPETITION SPONSORED BY THE NATIONAL PARENT TEACHER ORGANIZATION AND TO WISH HIM WELL AS HE CONTINUES TO DISTINGUISH HIMSELF IN HIS SCHOOL WORK AND EXTRACURRICULAR ACTIVITIES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4223 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE RANDY BLACKWELL ON RECEIVING THE 1997 SOUTH CAROLINA AMBASSADOR FOR ECONOMIC DEVELOPMENT AWARD FOR CLARENDON COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4224 (Word version) -- Rep. Meacham: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FORT MILL HIGH SCHOOL "YELLOW JACKETS" BOYS' TENNIS TEAM ON CAPTURING THE 1996-97 STATE TENNIS CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. MEACHAM, with unanimous consent, the following was taken up for immediate consideration:
H. 4225 (Word version) -- Rep. Meacham: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FORT MILL HIGH SCHOOL "YELLOW JACKETS" BOYS' TENNIS TEAM, COACHES, ASSISTANTS, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, MAY 28, 1997, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON CAPTURING THE 1996-97 STATE TENNIS CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Fort Mill High School "Yellow Jackets" Boys' Tennis Team, coaches, assistants, and other school officials on Wednesday, May 28, 1997, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on capturing the 1996-97 State Tennis Championship.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Byrd Campsen Canty Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. 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 Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, May 27.
Bill Cotty Harry C. Stille Harry R. Askins Joe McMaster Jackson S. Whipper George H. Bailey
The SPEAKER granted Rep. T. BROWN a leave of absence for the day.
Announcement was made that Dr. Thaddeus Bell of Charleston is the Doctor of the Day for the General Assembly.
Rep. SEITHEL presented to the House Arnold S. Goldstein II of Dorchester County, winner of the State PTO Overall Reflections Literature Competition, sponsored by the National Parent Teacher Organization.
The following Bill was taken up.
H. 4150 (Word version) -- Reps. Jennings and Kinon: A BILL TO REPEAL ACT 524 OF 1996 RELATING TO THE MARLBORO COUNTY ECONOMIC DEVELOPMENT BOARD.
Rep. JENNINGS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4206 (Word version) -- Rep. G. Brown: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON SEPTEMBER 6, 1996, BY THE STUDENTS OF THE SCHOOL DISTRICT OF LEE COUNTY FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 4166 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO STATE TRANSPORT POLICE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2185, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution.
H. 4192 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 2124, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN explained the Joint Resolution.
S. 645 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CONTROLLED SUBSTANCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2162, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WILDER explained the Joint Resolution.
H. 4199 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO DIVISION OF MOTOR VEHICLES, DRIVER TRAINING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2180, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. STUART explained the Joint Resolution.
H. 3730 (Word version) -- Reps. Mullen, Rodgers, Limehouse, Pinckney and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-136 SO AS TO ESTABLISH "NO WAKE ZONES" ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND IN BEAUFORT COUNTY.
Rep. MULLEN explained the Bill.
S. 751 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO TURTLE EXCLUDER DEVICES REQUIRED IN CHANNEL NETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2165, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WITHERSPOON explained the Joint Resolution.
Rep. YOUNG moved to adjourn debate upon the following Bill until Wednesday, May 28, which was adopted. S. 641 (Word version) -- Senators Holland and Bryan: A BILL TO AMEND SECTION 62-1-100, 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, RELATING TO SUBJECT MATTER JURISDICTION OF THE PROBATE COURT, SO AS TO GIVE THE PROBATE COURT EXCLUSIVE ORIGINAL JURISDICTION OVER ACCOUNTS AND DISPUTES ARISING UNDER THE UNIFORM GIFTS TO MINORS ACT; TO AMEND SECTION 62-1-308, RELATING TO APPEALS, SO AS TO ADD A PROVISION 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, RELATING TO THE MEANING OF "CHILD", SO AS TO CLARIFY WHEN AND HOW PATERNITY MAY BE ESTABLISHED; TO AMEND SECTION 62-2-302, 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(24) 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 DEEMED TO HAVE PREDECEASED THE DECEDENT; TO AMEND SECTION 62-3-203, RELATING TO THE PRIORITY AMONG PERSONS SEEKING APPOINTMENT AS A PERSONAL REPRESENTATIVE, SO AS TO DELETE LANGUAGE CONVEYING THE PRIORITY OF A NOMINATOR TO THE NOMINEE FROM SUBSECTION (7), AND TO ADD THIS LANGUAGE TO SUBSECTION (8) WITH THE QUALIFICATION THAT PERSONS NOMINATED BY THE DECEDENT SHALL HAVE THE HIGHEST PRIORITY; TO AMEND SECTION 62-3-603, 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 ALLOW INFORMAL APPOINTMENT UPON THE APPLICATION OF A CREDITOR OF THE DECEDENT'S ESTATE; TO AMEND SECTION 62-3-719, 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, RELATING TO THE DISPOSITION OF UNCLAIMED ASSETS, SO AS 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, 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 ALLOW THE POWERS TO BE DELEGATED TO ANOTHER PERSON FOR A PERIOD NOT TO EXCEED THIRTY DAYS; TO AMEND SECTION 62-5-310, 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 THE PERSON TO BE PROTECTED BE PERSONALLY SERVED WITH NOTICE AT LEAST TWENTY DAYS PRIOR TO THE HEARING; TO AMEND SECTION 62-5-424, RELATING TO THE POWERS OF THE CONSERVATOR, SO AS TO PROVIDE THAT A CONSERVATOR MAY, WITH COURT APPROVAL, 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 MARRIAGE DOES NOT END A CONSERVATORSHIP, BUT RATHER ONLY MAJORITY OR EMANCIPATION RESULTING FROM A PROCEEDING BEGUN PRIOR TO THE BEGINNING OF THE 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, RELATING TO POWERS OF ATTORNEY NOT AFFECTED BY DISABILITY, SO AS TO REPEAL SUBSECTION (D); TO AMEND SECTION 62-7-705, RELATING TO THE RESIGNATION OF A TRUSTEE, SO AS TO ALLOW 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.
The following Bill was taken up.
S. 489 (Word version) -- Senator Elliott: A BILL TO AMEND TITLE 40, CHAPTER 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTICIANS INCLUDING INCREASING CONTINUING EDUCATION REQUIREMENTS FROM THREE HOURS TO FOUR HOURS FOR A LICENSED OPTICIAN AND AN ADDITIONAL HOUR FOR AN OPTICIAN ALSO LICENSED TO DISPENSE CONTACT LENSES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7380AC.97), which was adopted.
Amend the bill, as and if amended, Section 40-38-10(A), page 11, beginning on line 36 and on page 12, line 8 by deleting /with the advice and consent of the Senate/ so when amended, Section 40-38-10(A) reads:
/Section 40-38-10. (A) There is created the South Carolina Board of Examiners in Opticianry which consists of seven members. Five members must be licensed opticians appointed by the Governor upon nomination by all licensed opticians in this State through an election conducted by the board. The Governor may reject any or all of those nominated upon satisfactory showing as to the unfitness of those rejected. If the Governor declines to appoint any of the nominees, additional nominees must be elected and submitted in the same manner as the initial nominees. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. Two members must be members of the general public who do not derive their income or support from any optical or optical-related business or who are not related to an optician or a person engaged in an optical-related business. The members from the general public may be nominated by an individual, group, or association and appointed by the Governor in accordance with Section 40-1-45.
Renumber sections to conform.
Amend title to conform.
Rep. PARKS 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.
S. 542 (Word version) -- Senators Fair and Setzler: 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 UPON REQUEST OF A SPECIFIED NUMBER OF SCHOOL SUPERINTENDENTS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20754SD.97).
Amend the bill, as and if amended, by striking subsection (A) of Section 59-31-45 of the 1976 Code as contained in SECTION 1 and inserting:
/(A) In addition to any other method of textbook selection, the State Board of Education shall add to the approved list of textbooks for use in the public schools of this State any textbook or series of textbooks which have been reviewed and not adopted by the state board if the textbook or series is requested in writing by the the boards of trustees of five or more school districts or by the boards of trustees of two or more school districts with a combined population of twenty-five thousand or more students. Local school districts shall establish procedures under which principals and teachers of the district may transmit textbook requests as permitted by this section./
Amend the bill further, as and if amended, by striking Section 59-31-40 of the 1976 Code as contained in SECTION 2 and inserting:
/Section 59-31-40. The meetings of the State Board of Education in any year at which an adoption is made shall must be public. New textbooks adopted by the State Board of Education in any year shall must not be used in the free public schools of this State until the next school session begins. Each contract between the State Board of Education and a publisher of textbooks and instructional materials or vendor of instructional technology must require that all textbooks or other instructional material rented or purchased by the State be free of any clear, substantive, factual, or grammatical error. The contract also must allow the State Board of Education to require reasonable remedies if an error is found./
Amend the bill further, as and if amended, by striking Section 59-31-510 of the 1976 Code as contained in SECTION 5 and inserting:
/Section 59-31-510. The State Board of Education may negotiate and execute contracts with the publishers of schoolbooks whereby publishers of textbooks and instructional materials and vendors of instructional technology that allow the State will to rent from the publishers or buy outright the books to be used in the public schools, with discretion in the State Board of Education to make rental contracts or purchase contracts as it may be to the best advantage of the State. Any A contract made with a publisher of textbooks may be made so as to divide the payment to the publisher for rental or purchase over a period of three years, but nothing herein shall it must not be construed to prevent the State Board of Education from purchasing or renting additional books as the necessity shall or may arise necessary. If the State Board of Education should decide decides to purchase outright the books to be used in the schools of this State, they shall must be purchased at the lowest possible prices and, so far as existing contracts for State-adopted state-adopted books will shall permit, pursuant to competitive bidding./
Amend the bill further, as and if amended, by striking Section 59-31-600 of the 1976 Code as contained in SECTION 6 and inserting:
/Section 59-31-600. When the State Board of Education determines that a textbook or instructional material adoptions are adoption is needed in a specific field, the board shall direct evaluating and rating committees to assess the textbooks textbook or instructional material for the presentation of instructional materials which develop development of higher-order thinking skills and problem solving. Each evaluation and rating committee may have up to twenty-five percent lay membership. A majority of those appointed to the committee must be full-time classroom teachers. In addition to monitoring the accuracy of facts and grammar, the committee shall include in its rating and evaluating criteria, where applicable, satisfaction of state mandates for graduation criteria and support for the benefits of the American economic and political system. The results of each evaluating and rating committee's assessment must be included in its written report to the State Board of Education. Where otherwise satisfactory, the evaluating and rating committee shall recommend and the State Board of Education shall adopt textbooks and other instructional materials which develop higher-order thinking skills./
Amend the bill further, as and if amended, by striking Section 59-31-610 of the 1976 Code as contained in SECTION 7 and inserting:
/Section 59-31-610. The State Superintendent of Education shall make arrangements for a thirty-day public review of materials recommended by the instructional materials review panels prior to taking those recommendations to the State Board of Education. The public review sites must be geographically distributed around the State at as many state-supported colleges and universities or, if necessary, other designated sites as may agree to host the reviews. Public review sites shall be advertised in each congressional district in the newspaper with the largest circulation figures for that district.
The state board shall hold a public hearing before adopting any textbook or instructional material for use in the schools of this State./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 510 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 56-3-1290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF LICENSE PLATES FROM ONE MOTOR VEHICLE TO ANOTHER MOTOR VEHICLE OF THE SAME VEHICLE OWNER OR LESSEE, SO AS TO ALLOW THE TRANSFER OF THE PLATE ONLY WHEN THE OWNER OR LESSEE HAS ASSIGNED TO ANOTHER THE TITLE TO OR LEASE ON THE VEHICLE FROM WHICH THE PLATE IS TRANSFERRED.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15268HTC.97).
Amend the bill, as and if amended, by striking SECTION 1 in its entirety.
Amend further, in Section 12-37-2870, as contained in SECTION 2G, page 4, line 26, by striking /section/ and inserting /section within thirty days of its receipt/ so that when amended, Section 12-37-2870 reads:
/Section 12-37-2870. The distribution for each county must be determined on the ratio of total federal and state highway miles within each county during the preceding calendar year to the total federal and state highway miles within all counties of this State during the same preceding calendar year. The county must distribute the revenue from the payment-in-lieu of taxes received pursuant to this section within thirty days of its receipt to every governmental entity levying a property tax in the manner set forth below. For each governmental entity levying a property tax, the entire assessed value of the taxable property within its boundaries and the county area must be multiplied by the millage rate imposed by the governmental entity. That figure constitutes the numerator for that governmental entity. The total of the numerators for all property tax levying entities within the county area constitutes the denominator. The numerator for each governmental entity must be divided by the denominator. The resulting percentage must be multiplied by the payment-in-lieu of tax revenue received pursuant to this section and that amount distributed to the general fund of the appropriate governmental entity. The distribution of taxes and fees paid must be made by the last day of the next month succeeding the month in which the taxes and fees were paid./
Amend further, in SECTION 2 of Act 461 of 1996, as contained in SECTION 2K, page 6, line 1, by striking /are/ and inserting /are not/ so that when amended, SECTION 2 of Act 461 of 1996 reads:
/SECTION 2. For the taxes assessed and required to be paid in accordance with this act, under Section 12-37-2850 of the 1976 Code, credit shall be allowed for any motor carrier's vehicle property taxes previously paid by a motor carrier for the 1998 tax year. Motor vehicles as defined in Article 23, Chapter 37, Title 12 of the 1976 Code which are acquired after March 31, 1997, are not subject to fiscal year 1998 property taxes. For purposes of this section, fiscal year 1998 is April 1, 1997, through March 31, 1998./
Renumber sections to conform.
Amend title to conform.
Rep. STUART explained the amendment.
Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 4197 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO AREA VOCATIONAL CENTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2128, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LITTLEJOHN explained the Joint Resolution.
Rep. HAMILTON 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. 4198 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CHARTER SCHOOLS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2164, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
Rep. SCOTT made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3652 (Word version) -- Reps. Beck, J. Hines, Seithel, Neilson, Cato, Mason, Allison, Clyburn, Whatley, R. Smith, Lee, Davenport, McCraw, Keegan, Spearman, Breeland, Kelley, Easterday, Edge, Miller, Witherspoon, Boan, Hamilton, Harrell, Mack, Hawkins, Battle and Jennings: A BILL TO AMEND SECTION 59-67-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF SCHOOL BUSES OWNED AND OPERATED BY A PRIVATE SCHOOL OR UNDER CONTRACT FOR A PRIVATE SCHOOL, SO AS TO REVISE THE PROVISIONS PERTAINING TO PAINTING, LETTERING, AND USE OF STOP ARMS AND WARNING LIGHTS ON THESE VEHICLES OWNED AND OPERATED OR UNDER CONTRACT.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20563SD.97).
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Section 59-67-30 of the 1976 Code is amended to read:
"Section 59-67-30. Every State-owned school bus while being used in the transportation of school pupils shall be substantially painted with high visibility yellow paint, conforming and similar to National School Bus chrome yellow, and shall display the following markings:
(1) Sides - the words 'SOUTH CAROLINA PUBLIC SCHOOLS' in not less than four-inch-high letters located directly under the windows of state-owned or operated school buses.
(2) Back - The words 'SCHOOL BUS' in letters not less than eight inches high located between the warning signal lamps.
(3) Front - The words 'SCHOOL BUS' in letters not less than eight inches high located between the warning signal lamps.
The State Board of Education is hereby authorized to adopt and to enforce whatever additional regulations regarding the painting and marking of school buses which it considers necessary and proper."
SECTION 3. Section 56-5-190 of the 1976 Code is amended to read:
"Section 56-5-190. Every motor vehicle that complies with the color and identification requirements set forth in Section 59-67-30 and State Board of Education Regulations and Specifications Pertaining to School Buses which is used to transport children to or from public school or in connection with school activities, but not including buses operated by common carriers not exclusively engaged in the transportation of school students and vehicles having school bus markings temporarily removed or covered, is a 'school bus'."
SECTION 4. The 1976 Code is amended by adding:
"Section 56-5-195. All students transported in a vehicle designed or used to transport more than fifteen passengers, including the driver, by a school, public or private, must be transported in a school bus as defined in Section 56-5-190."
SECTION 5. This act takes effect upon approval by the Governor except that Sections 2, 3, and 4 take effect July 1, 1998./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment and moved to adjourn debate upon the Bill until Wednesday, May 28, which was adopted.
Upon the withdrawal of objections and requests for debate by Reps. VAUGHN, TRIPP, WHATLEY, LOFTIS, KNOTTS and RISER, 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4547MM.97), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 8-13-725 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-725. (A) No A public official, public member, or public employee may not use or disclose confidential information gained in the course of or by reason of his official responsibilities in any a way that would affect an economic interest held by himself him, a member of his immediate family, an individual with whom he is associated, or a business with which he is associated.
(B)(1) A public official, public member, or public employee may not wilfully examine, or aid and abet in the wilful examination of, a tax return of a taxpayer, a worker's compensation record, a record in connection with health or medical treatment, social services records, or other records of an individual in the possession of or within the access of a public department or agency if the purpose of the examination is improper or unlawful.
(2) A person convicted of violating this subsection must be fined not more than five thousand dollars, or imprisoned not more than five years, or both, and shall reimburse the costs of prosecution. Upon conviction, the person also must be discharged immediately from his public capacity as an official, member, or employee."
SECTION __. Chapter 54, Title 12 of the 1976 Code is amended by adding:
"Section 12-54-255. (A) A person who by force or threats of force, including a threatening letter or communication, endeavors to intimidate or impede an officer or employee of the Department of Revenue acting in an official capacity, or in another way by force or threats of force, including a threatening letter or communication, obstructs or impedes, or endeavors to obstruct or impede, the due administration of this title or Title 61, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
The term 'threats of force' as used in this subsection, means threats of bodily harm to the officer or employee of the department or to a member of his family.
(B) A person who forcibly rescues or causes to be rescued property after it has been seized under this title or Title 61, or attempts to do so, must be fined not more than five hundred dollars, or not more than double the value of the property rescued, whichever is greater, or imprisoned not more than two years."
SECTION __. Section 16-3-1040 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:
"Section 16-3-1040. (A) It is unlawful for any a person to knowingly and wilfully to deliver or convey to a public official or to a teacher or principal of an elementary or secondary school any to a public employee a letter or paper, writing, print, missive, document, or electronic communication or any verbal or electronic communication which contains any a threat to take the life of or to inflict bodily harm upon the public official or public employee, teacher, or principal, or members of their immediate families.
(B) Any A person violating who violates the provisions of this section must, upon conviction, must be punished by a term of imprisonment of fined not more than five thousand dollars or imprisoned not more than five years, or both.
(C) For purposes of this section:
(1) 'Public official' means any an elected or appointed official of the United States or of this State or of a county, municipality, or other political subdivision of this State.
(2) 'Public employee' means a person employed by the State, a county, a municipality, a school district, or a political subdivision of this State.
(3) 'Immediate family' means the spouse, child, grandchild, mother, father, sister, or brother of the public official, teacher, or principal public employee."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. JENNINGS explained the amendment.
Rep. MOODY-LAWRENCE raised a Point of Order that Amendment No. 1 was not germane to the Bill.
Rep. JENNINGS argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. HARRISON moved to adjourn debate upon the Bill until Wednesday, May 28, which was adopted.
Rep. WEBB asked unanimous consent to recall S. 23 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. MOODY-LAWRENCE objected.
Rep. SCOTT asked unanimous consent to recall S. 54 (Word version) from the Committee on Education and Public Works.
Rep. SIMRILL objected.
Rep. TOWNSEND asked unanimous consent to recall S. 640 (Word version) from the Committee on Education and Public Works.
Rep. SCOTT objected.
Rep. RHOAD asked unanimous consent to recall S. 24 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. WITHERSPOON objected.
Rep. KNOTTS asked unanimous consent to recall S. 85 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. FLEMING moved that the House do now recede until 2:30 P.M., which was adopted.
At 2:30 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. LEE a leave of absence for the remainder of the day.
The veto on the following Act was taken up.
(R109) H. 3943 (Word version) -- Reps. Walker, Littlejohn, Lee, Vaughn, Lanford, Allison, Hawkins, Davenport and D. Smith: AN ACT TO PROHIBIT A COMMISSIONER OF A VOLUNTEER FIRE DEPARTMENT ESTABLISHED BY A SPECIAL PURPOSE DISTRICT IN SPARTANBURG COUNTY FROM SERVING OR ACTING AS A FIREFIGHTER FOR THAT VOLUNTEER FIRE DEPARTMENT.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Davenport Hawkins Littlejohn Rodgers Smith, D. Vaughn Walker Wilder
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The veto on the following Act was taken up.
(R110) H. 3957 (Word version) -- Reps. Cato, Vaughn, McMahand, Leach and F. Smith: AN ACT TO AFFIRM THE AUTHORITY OF THE STROUD MEMORIAL HOSPITAL DISTRICT COMMISSION IN GREENVILLE COUNTY TO SELL THE ASSETS OF THE DISTRICT TO THE STROUD FAMILY CARE CENTER, INC., AND TO AFFIRM THIS SALE; TO DISSOLVE THE DISTRICT, DISCHARGE THE COMMISSION MEMBERS FROM ALL DUTIES AND RESPONSIBILITIES, AND PROVIDE THAT THE ASSETS AND LIABILITIES OF THE DISTRICT ARE TRANSFERRED IN ACCORDANCE WITH THE AGREEMENT BETWEEN THE PARTIES; AND TO REPEAL ACT 1239 OF 1964 AND ACTS 613 AND 624 OF 1965, ALL RELATING TO THE STROUD MEMORIAL HOSPITAL DISTRICT.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Cato Easterday Hamilton Haskins Leach Tripp Vaughn Wilkins
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The veto on the following Act was taken up.
(R101) H. 3679 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2105, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SHARPE moved to adjourn debate upon the veto until Tuesday, July 1, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3595 (Word version) -- Reps. Stuart, Gamble, Knotts, Koon, Riser and Spearman: A BILL TO AMEND SECTION 6-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO REVISE THE MEANING OF THE TERMS "REVENUE BONDS" AND "BONDS"; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO ALLOW LOANS, BONDS, OR NOTES ISSUED TO A JOINT SYSTEM TO BE PAID FROM OTHER FUNDS AS MAY BE AVAILABLE AND TO ALLOW MEMBERS OF A JOINT SYSTEM TO CREATE, AS THEY CONSIDER NECESSARY, ADDITIONAL PROCEDURES WHICH GOVERN THE ISSUANCE OF ANY NOTES OR BONDS; TO AMEND SECTION 6-25-110, RELATING TO AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO ALLOW A JOINT SYSTEM TO USE OTHER SOURCES OF FUNDS AVAILABLE TO IT TO PAY FOR ISSUED BONDS; TO AMEND SECTION 6-25-113, RELATING TO SOURCES FROM WHICH JOINT SYSTEM BONDS ARE PAYABLE, SO AS TO ALLOW A MEMBER COUNTY OR MUNICIPALITY TO PROVIDE A PLEDGE OF ALL OR PART OF ANY REVENUES DERIVED AS PAYMENTS IN LIEU OF TAXES WITH RESPECT TO A PROJECT; TO AMEND SECTION 6-25-120, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO REQUIRE ONLY REVENUES AND OTHER FUNDS AVAILABLE TO THE JOINT SYSTEM TO BE USED TO PAY OR PLEDGED TO THE AMOUNT OF ANY NOTES, OBLIGATIONS, OR BONDS; AND TO AMEND SECTION 6-25-128, RELATING TO CONTRACTS BETWEEN MUNICIPALITIES AND JOINT SYSTEMS, SO AS TO ALLOW A MUNICIPALITY UNDER CONTRACT FOR THE PURCHASE OF CAPACITY AND OUTPUT FROM A JOINT SYSTEM TO PAY FROM REVENUES DERIVED FROM THE OWNERSHIP AND OPERATION OF THE WATER SYSTEM AND FROM OTHER SOURCES OF FUNDS AS MAY BE AVAILABLE, INCLUDING ANY AMOUNTS RECEIVED AS PAYMENTS IN LIEU OF TAXES.
Rep. R. SMITH moved to adjourn debate upon the Senate amendments until Tuesday, June 3, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
S. 712 (Word version) -- Senator Bryan: A BILL TO AMEND ACT 1182 OF 1968, AS AMENDED, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM THREE TO FIVE MEMBERS EFFECTIVE WITH THE 1998 GENERAL ELECTION, TO PROVIDE THAT THE MEMBERS SHALL BE PUBLICLY ELECTED AT-LARGE FROM THE DISTRICT AND TO PROVIDE FOR THE TERMS FOR THE INITIAL MEMBERS OF THE RECONSTITUTED BOARD.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for Ratification.
The Senate amendments to the following Bill were taken up for consideration. S. 269 (Word version) -- Senators Setzler and Moore: A BILL TO AMEND CHAPTER 7, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION AND LICENSURE OF BARBERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF BARBERS.
Rep. CATO 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 prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
H. 3744 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER FOR FUTURE LEGISLATION CONCERNING DRUG IMPAIRED INFANTS AND THE TREATMENT METHODS, COMMITMENT PROCEDURES, AND THE PROSECUTION OF MOTHERS OF DRUG IMPAIRED INFANTS, AND ALL OTHER RELATED ISSUES CONCERNING DRUG IMPAIRED INFANTS AND THEIR MOTHERS.
Rep. YOUNG explained the Senate amendment.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The motion period was dispensed with on motion of Rep. HASKINS.
Debate was resumed on the following Bill, the pending question being the consideration of the motion to reconsider the vote whereby Amendment No. 26 was adopted.
H. 3591 (Word version) -- Reps. Harrison, D. Smith, Limbaugh, Wilkins, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Bowers, G. Brown, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Harrell, Harvin, Haskins, Hawkins, Hinson, Jennings, Jordan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Maddox, Mason, McCraw, McKay, McMaster, Neilson, Phillips, Quinn, Rice, Riser, Robinson, Sandifer, Seithel, Sharpe, Simrill, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilkes, Witherspoon, Woodrum, Young, Young-Brickell and Martin: A BILL TO AMEND TITLE 28, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMINENT DOMAIN, BY ADDING CHAPTER 4 SO AS TO ENACT THE "SOUTH CAROLINA PROPERTY RIGHTS ACT".
Rep. COBB-HUNTER moved to table the motion to reconsider.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Battle Baxley Bowers Breeland Byrd Canty Cobb-Hunter Cotty Cromer Davenport Delleney Govan Hodges Inabinett Kirsh Lanford Littlejohn Lloyd Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Sheheen Simrill Smith, F. Smith, J. Stille Whipper Young-Brickell
Those who voted in the negative are:
Allison Altman Barfield Barrett Beck Boan Brown, H. Campsen Carnell Cato Cave Chellis Clyburn Cooper Dantzler Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Howard Jennings Jordan Keegan Kelley Kinon Klauber Koon Law Leach Limbaugh Mason McCraw McMaster Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Vaughn Webb Whatley Wilder Wilkins Witherspoon Woodrum Young
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. HARRISON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Beck Boan Brown, H. Campsen Cato Cave Chellis Clyburn Cooper Dantzler Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Howard Jennings Jordan Keegan Kelley Kennedy Kinon Klauber Koon Law Leach Limbaugh Mason McMaster Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Battle Baxley Bowers Breeland Brown, G. Byrd Canty Carnell Cobb-Hunter Cotty Cromer Davenport Delleney Govan Hines, J. Hines, M. Hodges Inabinett Kirsh Lanford Littlejohn Lloyd Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Sheheen Simrill Smith, F. Smith, J. Stille Whipper Wilder
So, the motion to reconsider was agreed to.
Rep. SHEHEEN proposed the following Amendment No. 26 (Doc Name G:\H-MEMBER\B21\AMD3591.1), which was tabled.
Amend the bill, as and if amended, section 28-4-30(B)(5), page 3591-3, line 18 by deleting /or/ and on line 20 before the / ./ by inserting /; or any action of a governmental entity affecting the location of or approval of any extension of any type of radioactive waste facility/
Amend title to conform.
Rep. HASKINS moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Bauer Beck Boan Bowers Brown, H. Campsen Cato Cave Chellis Clyburn Cooper Dantzler Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Keegan Kelley Kennedy Kinon Klauber Koon Law Leach Limbaugh Limehouse Mason McCraw Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Battle Baxley Breeland Brown, G. Byrd Canty Carnell Cobb-Hunter Cotty Cromer Davenport Delleney Govan Hines, J. Hines, M. Hodges Howard Inabinett Kirsh Lanford Littlejohn Lloyd Mack McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Scott Sheheen Simrill Smith, F. Smith, J. Stille Whipper Young-Brickell
So, the amendment was tabled.
Rep. NEAL proposed the following Amendment No. 27 (Doc Name P:\AMEND\PSD\7349AC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-20, page 3591-2, line 11, after the /./ by inserting /It is also the intent of the General Assembly that nothing in this chapter may result in the need for local government to spend local tax dollars./
Renumber sections to conform.
Amend title to conform.
Rep. NEAL explained the amendment.
Rep. LIMBAUGH spoke against the amendment.
Rep. NEAL spoke in favor of the amendment.
Rep. LIMBAUGH spoke against the amendment.
Rep. LIMBAUGH moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Battle Bauer Beck Bowers Brown, H. Campsen Cato Chellis Cotty Dantzler Davenport Delleney Easterday Edge Felder Gamble Harrell Harrison Haskins Hawkins Hinson Jordan Keegan Kelley Kinon Kirsh Klauber Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Mason McCraw McMaster Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bailey Breeland Brown, G. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cooper Cromer Fleming Govan Harvin Hines, J. Hines, M. Inabinett Kennedy Lloyd Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Scott Sheheen Smith, F. Smith, J. Stille Stoddard Whipper
So, the amendment was tabled.
Rep. NEAL proposed the following Amendment No. 28 (Doc Name P:\AMEND\PSD\7350AC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-20, page 3591-2, line 11, after the /./ by inserting /It is also the intent of the General Assembly that nothing in this chapter may inhibit the ability of local government to implement sound long-range planning for the optimal benefit of all affected citizens./
Renumber sections to conform.
Amend title to conform.
Rep. NEAL explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Battle Bauer Baxley Beck Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Gamble Harrell Harrison Harvin Haskins Hinson Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Mason McCraw McMaster Phillips Rhoad Rice Riser Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Spearman Stoddard Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bailey Bowers Breeland Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Fleming Govan Hines, J. Hines, M. Hodges Inabinett Jennings Kennedy Lloyd Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Neal Neilson Parks Pinckney Scott Seithel Smith, F. Smith, J. Stille Stuart Whipper
So, the amendment was tabled.
Rep. NEAL proposed the following Amendment No. 29 (Doc Name P:\AMEND\PSD\7351AC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-20, page 3591-2, line 11, after the /./ by inserting /It is also the intent of the General Assembly that nothing in this chapter may result in the General Assembly, meeting in Columbia, dictating to local government those decisions which are best left to local governing bodies, who are in the best position to determine local needs./
Renumber sections to conform.
Amend title to conform.
Rep. NEAL explained the amendment.
Rep. LIMBAUGH moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Beck Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Gamble Harrell Harrison Haskins Hinson Jordan Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Mason McCraw McMaster Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Spearman Tripp Trotter Vaughn Walker Webb Wilder Wilkes Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bailey Baxley Breeland Brown, G. Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Fleming Govan Harvin Hines, J. Hines, M. Hodges Inabinett Jennings Kennedy Kinon Lloyd Mack Maddox McLeod McMahand Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Scott Seithel Smith, F. Smith, J. Stille Stoddard Stuart Whipper
So, the amendment was tabled.
Rep. NEAL proposed the following Amendment No. 30 (Doc Name P:\AMEND\PSD\7352AC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-20, page 3591-2, line 11, after the /./ by inserting /It is also the intent of the General Assembly that nothing in this chapter allows large-scale developers and factory owners to take actions adverse to the health-related conditions and property values of property owned by neighboring private individual property owners./
Renumber sections to conform.
Amend title to conform.
Rep. NEAL explained the amendment.
Rep. LIMBAUGH moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Bauer Baxley Beck Brown, H. Campsen Carnell Cato Chellis Cotty Dantzler Davenport Delleney Easterday Edge Gamble Hamilton Harrell Harrison Haskins Hinson Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Law Leach Limbaugh Limehouse Littlejohn Loftis Mason McCraw McMaster Neilson Phillips Rhoad Rice Riser Rodgers Sandifer Simrill Smith, D. Smith, R. Spearman Stoddard Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bowers Breeland Brown, G. Brown, J. Byrd Canty Clyburn Cobb-Hunter Cromer Fleming Harvin Hines, J. Hines, M. Inabinett Kennedy Lloyd Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Parks Pinckney Scott Seithel Sheheen Smith, F. Smith, J. Stille Stuart Whipper
So, the amendment was tabled.
Rep. NEAL proposed the following Amendment No. 31 (Doc Name P:\AMEND\PSD\7353AC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-20, page 3591-2, line 11, after the /./ by inserting /It is also the intent of the General Assembly that nothing in this chapter enables developers or factory owners to be paid with taxpayer dollars for not polluting./
Renumber sections to conform.
Amend totals and title to conform.
Rep. NEAL explained the amendment.
Rep. LIMBAUGH moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Baxley Beck Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Gamble Hamilton Harrell Harrison Haskins Hinson Jennings Jordan Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limbaugh Limehouse Loftis Mason McCraw McMaster Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Tripp Trotter Vaughn Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bailey Bowers Breeland Brown, G. Brown, J. Byrd Clyburn Cromer Fleming Govan Harvin Hines, J. Hines, M. Inabinett Kennedy Lanford Littlejohn Lloyd Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Parks Pinckney Scott Seithel Sheheen Smith, F. Smith, J. Stille Whipper
So, the amendment was tabled.
Rep. NEAL proposed the following Amendment No. 32 (Doc Name P:\AMEND\KGH\15261SD.97), which was tabled.
Amend the bill, as and if amended, SECTION 1, by adding a new Section 28-4-65, immediately following Section 28-4-60, to read:
/Section 28-4-65. Any real property owner whose property is adversely affected by air, water, land, or other environmental activities undertaken on other real property by the owner thereof has a cause of action against that other property owner to recover the reduction in the fair market value of his property as a result of these activities, provided that where such activities were undertaken pursuant to a permit issued by a state or local agency which was improvidently granted, or where the activities undertaken were prohibited by law, regulation, or ordinance and the appropriate state or local agency did not act after notice to prevent the activity, the state or local governmental entity involved may also be joined as a party defendant./
Renumber sections to conform.
Amend title to conform.
Rep. NEAL explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Baxley Bowers Brown, H. Campsen Chellis Cooper Cotty Dantzler Delleney Easterday Edge Felder Gamble Hamilton Harrell Harrison Hinson Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Maddox Mason McCraw McMaster Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Trotter Vaughn Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Breeland Brown, G. Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Harvin Hines, J. Hines, M. Hodges Howard Inabinett Kennedy Lloyd Mack McLeod McMahand Meacham Miller Moody-Lawrence Neal Parks Pinckney Seithel Smith, F. Smith, J.
So, the amendment was tabled.
Rep. NEAL proposed the following Amendment No. 33 (Doc Name P:\AMEND\PSD\7343AC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-30(B)(5), page 3591-3, line 18 by deleting /or/ and on line 20 before the /./ by inserting /; or any action of a governmental entity affecting buffers or screening for scenic, olfactory, or particulate purposes/
Renumber sections to conform.
Amend title to conform.
Rep. NEAL explained the amendment.
Rep. LIMBAUGH moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Beck Brown, H. Campsen Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Gamble Hamilton Harrison Haskins Hinson Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Law Leach Limbaugh Limehouse Littlejohn Loftis Mason McCraw McMaster Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bailey Baxley Boan Bowers Breeland Brown, G. Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Fleming Govan Harvin Hines, J. Hines, M. Hodges Howard Inabinett Kennedy Lanford Lloyd Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Scott Seithel Sheheen Smith, F. Smith, J.
So, the amendment was tabled.
Rep. NEAL proposed the following Amendment No. 34 (Doc Name P:\AMEND\PSD\7340AC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-30(B)(5), page 3591-3, line 18 by deleting /or/ and on line 20, before the /./ by inserting /; or any action of a governmental entity affecting the location of any type of dry cleaning facility/
Renumber sections to conform.
Amend title to conform.
Rep. NEAL moved to table the amendment, which was agreed to.
Rep. NEAL proposed the following Amendment No. 35 (Doc Name P:\AMEND\PSD\7341AC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-30(B)(5), page 3591-3 line 18 by deleting /or/ and on line 20, before the /. / by inserting /; or any action of a governmental entity affecting the location of any type of hazardous waste facility/
Renumber sections to conform.
Amend title to conform.
Rep. NEAL explained the amendment.
Rep. LIMBAUGH moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Beck Brown, H. Campsen Carnell Chellis Cotty Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hinson Jordan Keegan Kelley Kirsh Klauber Koon Law Leach Limbaugh Limehouse Littlejohn Mason McCraw McKay Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Baxley Boan Bowers Breeland Brown, G. Brown, J. Byrd Canty Clyburn Cobb-Hunter Cromer Harvin Hines, J. Hines, M. Hodges Howard Jennings Kennedy Kinon Lloyd Mack McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Scott Seithel Sheheen Smith, F. Smith, J. Whipper
So, the amendment was tabled.
Rep. MILLER proposed the following Amendment No. 36 (Doc Name P:\AMEND\PSD\7366AC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-20, page 3591-2, line 11, after the /. / by inserting /It is also the intent of the General Assembly that nothing in this chapter provides authority to the Department of Health and Environmental Control to allow actions of beach front property owners that may cause erosion of the property of other private beach front property owners./
Renumber sections to conform.
Amend title to conform.
Rep. MILLER explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Beck Boan Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Felder Gamble Hamilton Harrell Harrison Haskins Hinson Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Law Leach Limbaugh Littlejohn Loftis Mason McCraw McKay McLeod McMaster Phillips Quinn Rhoad Rice Riser Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Spearman Trotter Vaughn Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bailey Baxley Bowers Breeland Brown, G. Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Harvin Hines, J. Hines, M. Hodges Howard Kennedy Lanford Limehouse Mack Maddox Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Scott Seithel Sheheen Smith, F. Smith, J. Stille Stoddard Whipper
So, the amendment was tabled.
Reps. MILLER, HODGES and BATTLE proposed the following Amendment No. 37 (Doc Name P:\AMEND\PSD\7362AC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-20, page 3591-2, line 11, after the / . / by inserting /It is also the intent of the General Assembly that nothing in this chapter provides authority to any state agency or local government to allow activities which may result in the flooding of private property, unless all potentially affected property owners agree to allow their property to be flooded./
Renumber sections to conform.
Amend title to conform.
Rep. MILLER explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Beck Boan Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Gamble Hamilton Harrell Harrison Haskins Hinson Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Law Leach Limbaugh Littlejohn Loftis Mason McCraw McKay Phillips Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stuart Townsend Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Baxley Bowers Breeland Brown, G. Brown, J. Byrd Canty Carnell Cave Cobb-Hunter Cromer Fleming Govan Harvin Hines, J. Hines, M. Hodges Howard Jennings Kennedy Lanford Limehouse Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Sheheen Smith, J. Stille Stoddard Whipper
So, the amendment was tabled.
Reps. HODGES and MILLER proposed the following Amendment No. 38 (Doc Name P:\AMEND\PSD\7365AC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-20, page 3591-2, line 11, after the /./ by inserting /It is also the intent of the General Assembly that nothing in this chapter provides authority to the Department of Health and Environmental Control to allow activities which may be harmful to the lungs of South Carolina citizens./
Renumber sections to conform.
Amend title to conform.
Rep. MILLER explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Askins Barfield Barrett Bauer Baxley Beck Boan Brown, H. Campsen Cato Cave Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Gamble Hamilton Harrison Haskins Hinson Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Littlejohn Martin Mason McCraw McKay McMaster Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sheheen Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Townsend Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Bowers Breeland Brown, G. Byrd Canty Carnell Cobb-Hunter Cromer Govan Hines, J. Hines, M. Hodges Howard Inabinett Kennedy Limehouse Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Parks Pinckney Scott Seithel Smith, F. Smith, J. Stille
So, the amendment was tabled.
Reps. HODGES, BATTLE and MILLER proposed the following Amendment No. 39 (Doc Name P:\AMEND\PSD\7364AC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-20, page 3591-2, line 11, after the /./ by inserting /It is also the intent of the General Assembly that nothing in this chapter provides authority to the Department of Health and Environmental Control or local units of government to allow activities which may increase the State's population of rats, flies, and mosquitos./
Renumber sections to conform.
Amend title to conform.
Rep. MILLER explained the amendment.
Rep. LIMBAUGH moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Bauer Baxley Beck Brown, G. Brown, H. Carnell Cato Cave Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Gamble Hamilton Harrison Haskins Hinson Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Law Leach Limbaugh Limehouse Littlejohn Loftis Mason McCraw McKay McMaster Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Bowers Breeland Byrd Canty Cobb-Hunter Cromer Harvin Hines, M. Hodges Howard Inabinett Kennedy Mack Maddox Martin McLeod McMahand Meacham Miller Moody-Lawrence Neal Parks Pinckney Scott Smith, J. Whipper
So, the amendment was tabled.
Rep. FLEMING proposed the following Amendment No. 40 (Doc Name P:\AMEND\PT\1315MM.97), which was tabled.
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. In the alternative, school officials must compensate the owners of the confiscated pagers and beepers in an amount equal to fair market value of the pager or beeper plus damages./
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING moved to table the amendment, which was agreed to.
Reps. HARRISON, D. SMITH, LIMBAUGH, WILKINS and SEITHEL proposed the following Amendment No. 41 (Doc Name P:\AMEND\GJK\20780SD.97), which was adopted.
Amend the bill, as and if amended, in Section 28-4-30 of the 1976 Code by adding an appropriately numbered subsection to read:
/( ) Nothing in this section shall be deemed to prevent the exercise of the police powers of any governmental entity to adopt or modify lawful zoning ordinances or comprehensive land use plans consistent with the provisions of this chapter./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 41 was not germane to the Bill.
Rep. HARRISON argued contra.
SPEAKER WILKINS overruled the Point of Order.
Reps. HODGES and J. SMITH spoke against the amendment.
Rep. J. SMITH moved to table the amendment.
Rep. WHIPPER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Breeland Brown, G. Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Hines, J. Hodges Inabinett Lloyd Mack Maddox Meacham Miller Moody-Lawrence Neal Parks Pinckney Scott Sheheen Smith, J. Stille Whipper
Those who voted in the negative are:
Allison Altman Askins Barfield Barrett Bauer Baxley Beck Boan Bowers Brown, H. Campsen Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Gamble Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McKay McLeod McMahand McMaster Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stuart Tripp Walker Webb Whatley 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. SEITHEL proposed the following Amendment No. 42 (Doc Name P:\AMEND\008\PRIPROP.008), which was tabled.
Amend the bill, as and if amended, Section 28-4-60 Part J by:
/Striking July 1, 1997 and inserting July 1, 2000 /
Renumber sections and amend totals/title to conform.
Rep. SEITHEL explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. SEITHEL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Bauer Beck Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Gamble Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Littlejohn Loftis Mason McCraw McKay McMaster Moody-Lawrence Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Smith, D. Smith, R. Spearman Stuart Tripp Trotter Vaughn Webb Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Baxley Bowers Breeland Brown, G. Brown, J. Byrd Canty Cave Cromer Hines, J. Hines, M. Hodges Inabinett Limehouse Lloyd Mack Maddox Martin McLeod McMahand Meacham Miller Mullen Neal Neilson Seithel Sheheen Simrill Smith, F. Smith, J. Stille Stoddard Whatley Whipper Wilder
So, the amendment was tabled.
The SPEAKER granted Rep. PINCKNEY a leave of absence for the remainder of the day.
Reps. JENNINGS and BAXLEYproposed the following Amendment No. 44 (Doc Name P:\AMEND\JIC\6139HTC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-30(B)(5), page 3591-3, line 18 by deleting / or / and on line 20 before the /./ by inserting /; or any action of a governmental entity affecting historic or cultural resources /
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. COTTY moved to table the amendment.
Rep. JENNINGS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Bauer Beck Campsen Cato Chellis Clyburn Cooper Cotty Dantzler Delleney Easterday Edge Felder Gamble Hamilton Harrell Harrison Hawkins Hinson Keegan Kelley Kirsh Knotts Koon Lanford Law Leach Limbaugh Loftis Martin Mason McCraw McKay McMaster Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Vaughn Walker Webb Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Baxley Breeland Brown, G. Brown, J. Byrd Carnell Cobb-Hunter Cromer Davenport Fleming Harvin Hines, J. Hodges Inabinett Jennings Kennedy Kinon Limehouse Lloyd Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Seithel Sheheen Smith, F. Smith, J. Stille Stoddard Whatley Whipper Wilder
So, the amendment was tabled.
Rep. COBB-HUNTER proposed the following Amendment No. 45 (Doc Name P:\AMEND\PSD\7347AC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-30(b)(5), page 3591-3, line 18 by deleting /or/ and on line 20 before the /./ by inserting /; or any action of a governmental entity whose purpose is to protect the health and welfare of children/
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. LIMBAUGH moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Beck Campsen Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Gamble Hamilton Harrison Harvin Haskins Hawkins Hinson Jordan Keegan Kelley Kirsh Klauber Koon Law Leach Limbaugh Littlejohn Loftis Martin Mason McCraw McKay McMaster Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Walker Webb Wilkes Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Davenport Govan Hines, J. Hodges Howard Inabinett Jennings Kennedy Kinon Knotts Lanford Limehouse Lloyd Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Scott Seithel Sheheen Smith, F. Smith, J. Stille Stoddard Whatley Whipper Wilder Young-Brickell
Rep. BECK proposed the following Amendment No. 47, which was tabled.
Add to Section 28-4-30 (B) as amended the following phrase:
", or any action which limits video poker operations pursuant to the provisions of statewide legislation."
Rep. BECK explained the amendment.
Rep. LAW raised a Point of Order that Amendment No. 47 was out of order.
Rep. BECK argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. HARRISON moved to table the amendment.
Rep. BECK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Bauer Campsen Canty Cato Cave Chellis Cotty Dantzler Davenport Easterday Edge Felder Gamble Govan Hamilton Harrison Harvin Haskins Hawkins Hines, J. Hinson Jennings Keegan Kelley Kennedy Knotts Koon Lanford Law Leach Limbaugh Limehouse Loftis Martin McCraw McKay McMaster Miller Neal Neilson Rhoad Rice Riser Rodgers Sandifer Sharpe Smith, D. Spearman Stuart Tripp Trotter Vaughn Webb Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Baxley Beck Boan Bowers Breeland Brown, G. Brown, J. Byrd Carnell Cobb-Hunter Cooper Cromer Delleney Fleming Hodges Inabinett Jordan Kirsh Klauber Littlejohn Mack Maddox Mason McLeod Meacham Moody-Lawrence Mullen Parks Phillips Robinson Scott Seithel Sheheen Simrill Smith, J. Smith, R. Stille Stoddard Townsend Walker Whatley Whipper
So, the amendment was tabled.
Rep. MEACHAM proposed the following Amendment No. 3, which was tabled.
Amend the bill by making the following change in Section 28-4-30(B)(5):
The terms 'inordinate burden' or 'inordinately burdened' do not include temporary impacts to real property; impacts to real property occasioned by governmental abatement, prohibition, prevention, or remediation of a public nuisance at common law or a noxious use of private property; or impacts to real property caused by an action of a governmental entity taken to grant relief to a property owner under this section; or any action of a government entity affecting water quality.
Rep. MEACHAM explained the amendment.
Rep. LIMBAUGH spoke against the amendment.
Rep. SEITHEL spoke in favor of the amendment.
Rep. LIMBAUGH moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Beck Campsen Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrison Haskins Hawkins Hinson Jordan Kelley Kinon Kirsh Klauber Koon Law Leach Limbaugh Loftis Mason McCraw McKay McMaster Phillips Rhoad Rice Riser Robinson Sandifer Sharpe Smith, D. Smith, R. Tripp Trotter Vaughn Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Bailey Bauer Baxley Boan Bowers Breeland Brown, G. Brown, J. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Davenport Govan Harvin Hines, J. Hodges Inabinett Jennings Keegan Kennedy Knotts Lanford Limehouse Littlejohn Lloyd Mack Maddox McLeod McMahand Meacham Miller Mullen Neal Neilson Parks Rodgers Scott Seithel Sheheen Simrill Smith, F. Smith, J. Spearman Stille Stoddard Stuart Whipper Wilder Young-Brickell
So, the amendment was tabled.
Rep. McLEOD proposed the following Amendment No. 8 (Doc Name P:\AMEND\GJK\20698DW.97), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, page 3591-3, line 2, by striking /including/ and inserting /excluding/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLEOD explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Bauer Beck Bowers Campsen Carnell Cato Chellis Cooper Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrison Haskins Hawkins Hinson Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Martin McCraw McKay McMaster Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Baxley Boan Breeland Brown, G. Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Govan Harvin Hines, J. Hodges Inabinett Jennings Lloyd Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Neal Neilson Parks Scott Sheheen Smith, F. Smith, J. Stille Stoddard Stuart
So, the amendment was tabled.
Rep. MULLEN proposed the following Amendment No. 9 (Doc Name P:\AMEND\PSD\7342AC.97), which was tabled.
Amend the bill, as and if amended, Section 28-4-30(B)(5), page 3591-3, Line 18 by deleting / or / and on line 20 before the /./ by inserting /; or any action of a governmental entity whose purpose is to provide for the protection and enhancement of South Carolina's coastal resources /
Renumber sections to conform.
Amend title to conform.
Rep. MULLEN explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Beck Boan Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Gamble Hamilton Harrison Haskins Hinson Jordan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Littlejohn Loftis Mason McCraw McMaster Phillips Rhoad Rice Riser Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Vaughn Walker Webb Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Bailey Baxley Breeland Brown, G. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Govan Harvin Hines, J. Hodges Inabinett Jennings Keegan Kinon Limehouse Lloyd Mack Maddox McKay McLeod Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Rodgers Seithel Sheheen Smith, F. Smith, J. Stille Whatley
So, the amendment was tabled.
Rep. J. SMITH proposed the following Amendment No. 13 (Doc Name P:\AMEND\DKA\4551SD.97), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 28 of the 1976 Code is amended by adding:
Section 28-4-10. This chapter may be cited as the 'South Carolina Property Rights Act' and any references to the term 'act', unless the context clearly indicates otherwise, mean the 'South Carolina Property Rights Act'.
Section 28-4-20. As used in this chapter:
(1)(a) 'Governmental action' or 'action' means:
(i) proposed or enacted laws, regulations, emergency regulations, and ordinances by a governmental entity which by adoption or enforcement limit the use of private property;
(ii) licensing or permitting conditions, requirements, or limitations on the use of private property;
(iii) required dedications or exactions from owners of private property;
(iv) amendments to any of the above.
(b) The following actions are not included in the definition of 'governmental action' or 'action':
(i) activity in which the power of eminent domain is exercised formally;
(ii) repealing regulations, discontinuing governmental programs, or amending regulations in a manner that lessens interference with the use of private property;
(iii) law enforcement activity involving the seizure or forfeiture of private property for a violation of law or as evidence in a criminal proceeding;
(iv) orders and enforcement actions that are issued by a governmental entity or a court in accordance with applicable federal or state provisions of law;
(v) governmental action specifically mandated by a federal governmental authority, to the extent that the action does not result from the exercise of legislative, executive, or administrative discretion.
(2) 'Governmental entity' means:
(a) an officer, entity, or department of state government that is authorized to promulgate regulations;
(b) the General Assembly;
(c) a political subdivision of the State that is created by the State Constitution or by general or special act, or a county or municipality that independently exercises governmental authority;
(d) a special purpose district.
(3) 'Private real property' means any real property in this State that is protected by either the Fifth Amendment or the Fourteenth Amendment to the Constitution of the United States or Article 1, Section 13 of the State Constitution.
(4) 'Taking' or 'constitutional taking' means a governmental action that affects private real property in a manner that requires the governmental entity to compensate the private real property owner as provided by the Fifth Amendment or the Fourteenth Amendment to the United States Constitution, or both, or Article 1, Section 13 of the South Carolina Constitution.
Section 28-4-30. (A) The General Assembly declares the basic state policies furthered by this chapter to be the recognition that land use regulation may constitute a taking requiring compensation, and the requirement that governmental entities follow the same procedures with respect to compensating landowners to the event of a taking through regulation as they are required to follow for the physical appropriation of real property under Chapter 2 of Title 28.
(B) Specific policies which must be promoted through the implementation of this chapter are to:
(1) provide uniform procedures for compensation when property has been taken through regulation;
(2) reduce costly litigation which may be caused by taking claims arising from the implementation of regulations;
(3) provide for the development and use of administrative procedures to afford landowners alternative remedies to compensation if possible, or to compensate landowners for a taking resulting from land use regulation;
(4) assist governmental entities in planning and budgeting for state programs which involve the regulation of land use;
(5) provide for the efficient use of state resources in the achievement of state objectives involving land use regulation;
(6) maximize the results of desirable regulation through cost control, informed planning, and the avoidance of after-the-fact litigation;
(7) provide explicit guidelines for governmental entities involved in land use regulation;
(8) protect the property rights of landowners and provide for compensation or alternative remedies for a taking through regulation.
Section 28-4-40. (A) The Attorney General shall prepare a checklist of guidelines to assist governmental entities in evaluating proposed governmental action to assure that such actions do not result in a taking of private property.
(B) In establishing the guidelines, the Attorney General shall take into consideration recent court rulings on the taking of private property. A person may make comments or suggestions or provide information to the Attorney General concerning the guidelines. The Attorney General shall consider the comments, suggestions, and information in the annual review process required by subsection (C) of this section.
(C) The Attorney General shall complete the guidelines by October 1, 1997 and distribute them to all governmental entities. The guidelines must be filed with Legislative Council and published in the State Register. The Attorney General shall review the guidelines at least annually and revise them as necessary to ensure consistency with the decisions of the Supreme Court of the United States and the Supreme Court of South Carolina and the expressed intentions of this chapter.
(D) The checklist of guidelines shall include, among other factors considered appropriate by the Attorney General, the following considerations:
(1) the specific purpose of the proposed regulation;
(2) a statement as to how the proposed regulation advances that purpose;
(3) the probable effect of the proposed action on the use and value of private property, including an evaluation of the probable cost of acquisition of an interest in that property through enactment or enforcement of the regulation;
(4) alternatives to the proposed action that may lessen the effect on private property or which may involve lower probable costs to the State;
(5) the source of payment within the governmental entity's budget for such compensation.
Section 28-4-50. To the extent reasonably possible, governmental entities shall avoid adopting or enforcing regulations in a manner that constitutes a taking of property under the Constitution of this State or the Constitution of the United States.
Section 28-4-60. (A) Before the adoption or enforcement of regulations affecting land use, governmental entities, consistent with the guidelines established by Section 28-4-40, shall assess the proposed regulation and prepare a written assessment which specifically and fully addresses each of the checklist guidelines.
(B) The written assessment is public information and must be made available by the governmental entity upon request.
Section 28-4-70. A party may not institute suit under this chapter until all administrative remedies afforded by the applicable governmental entity are exhausted. If the parties cannot agree to an administrative remedy, the parties shall mediate the dispute with a mediator selected by the parties from a list of certified mediators maintained by the South Carolina Bar, as a condition precedent to suit. All administrative remedies and the mediation process must be completed within one hundred eighty days from the date the aggrieved private property owner institutes the administrative proceeding. If the matter is not resolved within the one hundred eighty-day period, the private property owner may commence a suit for compensation.
Section 28-4-80. (A) To avoid or resolve a dispute under this chapter, a governmental entity is specifically authorized and empowered to recommend one or more alternatives, consistent with applicable law that protect the public interest served by the governmental action at issue but allow for reduced restraints on the use of the owner's real property including, but not limited to:
(1) an adjustment of land development or permit standards or other provisions controlling the development or use of land;
(2) increases or modifications in the density, intensity, or use of areas of development;
(3) the transfer of development rights;
(4) land swaps or exchanges;
(5) mitigation, including payments in lieu of onsite mitigation;
(6) location on the least sensitive portion of the property;
(7) conditioning the amount of development or use permitted;
(8) a requirement that issues be addressed on a more comprehensive basis than a single proposed use or development;
(9) issuance of a variance, special exception, or other extraordinary relief, including withdrawal of the proposed action;
(10) purchases of the real property, or an interest in it, by an appropriate governmental entity.
(B) This section does not prohibit the owner and governmental entity from entering into an agreement as to the permissible use of the property prior to the administrative agency or mediator entering a recommendation.
Section 28-4-90. (A) Sovereign immunity shall not be a defense to an action brought pursuant to this chapter.
(B) A person who has a claim under this chapter may sue the State or a governmental entity, as provided by this chapter, to:
(1) recover damages;
(2) invalidate a governmental action; or
(3) recover damages and invalidate a governmental action.
(C) This chapter does not preclude a person from electing to pursue a claim under the United States Constitution in the federal court having proper jurisdiction.
Section 28-4-100. (A) After the parties have exhausted the applicable governmental entity's administrative remedies and the mediation process prescribed by this chapter, an aggrieved private real property owner may bring suit de novo to recover compensation for a taking. A suit under this chapter must be filed in a court which has jurisdiction of statutory eminent domain actions in the county in which the private real property owner's affected property is located. If the affected private real property is located in more than one county, the private real property owner may file suit in any county in which the affected property is located and demand a jury trial to determine all factual issues.
(B) A suit under this chapter must be filed not later than three years after the date the private real property owner knew or should have known that the alleged taking had occurred.
Section 28-4-110. (A) Whether a governmental action results in a taking is a question of fact.
(B) The compensation owed to the private real property owner in a suit under this chapter must be determined from the date of the taking and is the difference between the market value of the private real property, determined as though the governmental action is not in effect, and the market value of the private real property determined as though the governmental action is in effect.
(C) The trier of fact, in determining the diminution in market value, may not consider an injury or benefit that is sustained or enjoyed in similar degree by private real property owners in the general community unless the governmental action imposes a direct physical or legal restriction on the use of the property.
(D) If the trier of fact determines that a governmental action resulted in a taking, and the governmental action has ceased or has been rescinded, amended, invalidated, or repealed, the private real property owner may recover compensation in an amount equal to the temporary or permanent economic loss sustained while the governmental action was in effect.
(E) The court shall award a private real property owner who prevails in a suit under this chapter reasonable and necessary attorney's fees, expert witness fees, court costs, and prejudgment interest. Prejudgment interest under this subsection must be calculated from the date of the taking.
Section 28-4-120. (A) The court's judgment in favor of a private real property owner in a suit under this chapter shall:
(1) order the governmental entity or the Attorney General, as appropriate, to certify to the court whether all compensation, fees, costs, and interest owed under this chapter have been paid;
(2) enjoin the governmental entity from enforcing or continuing the governmental action as applied to the private real property owner until the date the governmental entity or the Attorney General, as appropriate, certifies to the court that all compensation, fees, costs, and interest owed under this chapter have been paid.
(B) A judgment awarding compensation to a private real property owner who prevails in a suit against a governmental entity under this chapter is subject to an appropriation by the appropriate funding agency."
SECTION 2. Except as otherwise provided in this act, this act takes effect upon approval by the Governor and applies to governmental action, as defined in Section 28-4-20(1) of the 1976 Code as contained in Section 1 of this act, which is first proposed or enacted on September 1, 1997 and thereafter./
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. SMITH moved to table the amendment, which was agreed to.
Rep. SEITHEL proposed the following Amendment No. 43 (Doc Name P:\AMEND\008\PRIPROP.008), which was tabled.
Amend the bill, as and if amended, Section 28-4-60 Part J by:
/Striking July 1, 1997 and inserting July 1, 1999/
Renumber sections and amend totals/title to conform.
Rep. SEITHEL explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Barrett Bauer Beck Bowers Campsen Carnell Cato Chellis Clyburn Cooper Dantzler Davenport Delleney Easterday Edge Gamble Hamilton Harrison Harvin Haskins Hawkins Hinson Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Leach Limbaugh Limehouse Littlejohn Loftis McCraw McKay McMaster Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Smith, D. Smith, R. Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Baxley Boan Breeland Brown, G. Brown, J. Byrd Canty Cave Cobb-Hunter Cromer Govan Hines, J. Hodges Inabinett Lloyd Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Seithel Sheheen Simrill Smith, F. Smith, J. Spearman Stille Stoddard Stuart Wilder
So, the amendment was tabled.
Rep. SEITHEL proposed the following Amendment No. 46 (Doc Name P:\AMEND\KGH\15240JM.97), which was ruled out of order.
Amend the report, as and if amended, Section 28-4-30(B)(5), as contained in SECTION 1, page 3591-3, by adding:
/private property; impacts to real property caused by an action of a governmental entity taken to grant relief to a property owner under this section; or any action of a governmental entity affecting water quality./
Renumber sections to conform.
Amend title to conform.
Rep. MEACHAM explained the amendment.
Rep. LIMBAUGH raised a Point of Order that Amendment No. 46 had the same effect and impact as Amendment No. 3 which had been previously tabled.
Rep. MEACHAM argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
The motion of Rep. LIMBAUGH to reconsider the vote whereby Amendment No. 2 was adopted was taken up.
Rep. LIMBAUGH spoke in favor of the motion to reconsider.
Rep. DELLENEY spoke against the motion to reconsider.
Rep. HODGES moved to table the motion to reconsider.
Rep. LIMBAUGH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Bauer Baxley Boan Bowers Breeland Brown, G. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cotty Cromer Delleney Govan Harvin Hawkins Hines, J. Hodges Howard Inabinett Jennings Keegan Kennedy Kinon Kirsh Knotts Lanford Limehouse Littlejohn Lloyd Mack Maddox McCraw McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Scott Seithel Sheheen Simrill Smith, F. Smith, J. Spearman Stille Stuart Walker Whatley Whipper Wilder Wilkes
Those who voted in the negative are:
Altman Barfield Barrett Beck Campsen Cato Chellis Cooper Dantzler Davenport Easterday Edge Felder Gamble Hamilton Harrison Haskins Hinson Jordan Kelley Klauber Koon Law Leach Limbaugh Loftis Mason McKay McMaster Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Smith, D. Smith, R. Stoddard Townsend Tripp Trotter Vaughn Webb Wilkins Witherspoon Woodrum Young Young-Brickell
So, the motion to reconsider was tabled.
Reps. MEACHAM, MULLEN and NEAL spoke against the Bill.
Rep. NEAL continued speaking.
Rep. HODGES 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 Altman Askins Bailey Barfield Barrett Beck Bowers Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrison Harvin Haskins Hawkins Hines, J. Hinson Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Littlejohn Loftis Mason McCraw McKay McMaster Neilson Parks Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Smith, D. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Bauer Baxley Boan Breeland Brown, G. Brown, J. Byrd Canty Cave Cobb-Hunter Cromer Govan Hodges Howard Inabinett Limehouse Lloyd Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Scott Seithel Sheheen Simrill Smith, F. Smith, J. Stille Whatley Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
If I had been present at the roll call vote of H. 3591, I would have voted against the Bill. I have to leave for a speech at Manning High School.
Rep. CLEMENTA C. PINCKNEY
Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., May 27, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Setzler, Bryan and Hayes of the Committee of Conference on the part of the Senate on S. 559:
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.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 27, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 359:
S. 359 (Word version) -- Senator Giese: A BILL TO AMEND CHAPTER 35, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS INCLUDING TO FURTHER PROVIDE FOR NURSING HOME REPRESENTATION ON THE BOARD AND TO REVISE TIME FRAMES FOR REINSTATING LAPSED LICENSES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 27, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 452:
S. 452 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 38-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, INVESTMENTS AND THE DEFINITION OF "POLICYHOLDER OBLIGATIONS", SO AS TO DELETE THE REFERENCE TO "MANDATORY SECURITIES VALUATION RESERVE" AND SUBSTITUTE THEREFOR "ASSET VALUATION RESERVE"; TO AMEND SECTION 38-13-300, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND CERTAIN REGULATIONS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT UPON THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO PROMULGATE THESE REGULATIONS, AUTHORIZE, RATHER THAN REQUIRE, THE DIRECTOR TO HAVE CERTAIN INSURERS RECORD AND REPORT LOSS AND EXPENSE EXPERIENCE AND CERTAIN OTHER DATA, AND ALLOW THE DIRECTOR TO HAVE CERTAIN INSURERS SUBMIT A REPORT SHOWING DIRECT WRITINGS AND CERTAIN OTHER INFORMATION, RATHER THAN REQUIRING THE INSURERS TO DO THIS; TO AMEND SECTION 38-13-310, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND THE SUPPLEMENTAL REPORT REQUIRED BY SECTION 38-13-300, SO AS TO PERMIT, RATHER THAN REQUIRE, THAT THE SUPPLEMENTAL REPORT INCLUDE CERTAIN SPECIFIED TYPES OF INSURANCE WRITTEN BY THE INSURER; TO AMEND SECTION 38-13-320, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND THE DATA IN THE SUPPLEMENTAL REPORT, SO AS TO, AMONG OTHER THINGS, PERMIT, RATHER THAN REQUIRE, THAT THE SUPPLEMENTAL REPORT INCLUDE CERTAIN SPECIFIED DATA BOTH AS TO SOUTH CAROLINA AND THE UNITED STATES FOR THE PREVIOUS YEAR ENDING ON DECEMBER THIRTY-FIRST; TO AMEND SECTION 38-13-340, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND REVIEW OF THE SUPPLEMENTAL REPORTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE INSURANCE DEPARTMENT'S ANNUAL COMPILATION AND REVIEW OF REPORTS SUBMITTED BY INSURERS BE IN ACCORDANCE WITH OR PURSUANT TO AN ORDER OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-19-50, AS AMENDED, RELATING TO DOMESTIC MUTUAL INSURERS, MEMBERS AND MEETINGS, AND USE OF PROXIES, SO AS TO PROVIDE THAT NO PROXY MAY BE USED BY A DOMESTIC MUTUAL INSURER UNLESS THE LANGUAGE AND FORM OF THE PROXY HAVE BEEN APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, AND DELETE THE FIVE CONDITIONS SPECIFIED FOR THE USE OF THE PROXY; TO AMEND SECTION 38-33-30, AS AMENDED, RELATING TO THE INSURANCE LAWS, HEALTH MAINTENANCE ORGANIZATIONS, THE NECESSITY OF A CERTIFICATE OF AUTHORITY, AND FOREIGN CORPORATIONS, SO AS TO DELETE THE REQUIREMENT THAT EACH APPLICATION FOR A CERTIFICATE OF AUTHORITY BE FILED "IN TRIPLICATE"; TO AMEND SECTION 38-73-1060, AS AMENDED, RELATING TO THE INSURANCE LAWS, RATES, RATE-MAKING, AND RATE-FILING, AND STATUTORY PERMISSION TO USE RATES IN EXCESS OF THOSE WHICH ARE FILED, SO AS TO DELETE THE TERM "RATE IN EXCESS OF THAT PROVIDED BY A FILING OTHERWISE APPLICABLE" AND SUBSTITUTE THEREFOR "RATE DIFFERENT FROM THAT PROVIDED BY A FILING OTHERWISE APPLICABLE", AND ADD PROVISIONS WHICH PROVIDE THAT, UPON THE WRITTEN APPLICATION OF AN INSURED HAVING AGGREGATE INSURANCE PREMIUMS, OTHER THAN LIFE, ACCIDENT, AND HEALTH, IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS, A POLICY FORM DIFFERENT FROM THAT PROVIDED BY A FILING OTHERWISE APPLICABLE MAY BE USED ON ANY SPECIFIC RISK, UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTIONS 38-13-330 AND 38-13-370, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, THE REQUIREMENT THAT, FOR THE FIRST YEAR ONLY IN WHICH THE INSURER IS REQUIRED TO FILE THE SUPPLEMENTAL REPORT, THE DATA REQUIRED BY CERTAIN ITEMS OF SECTION 38-13-320 SHALL INCLUDE THE PREVIOUS CALENDAR YEAR AND EACH OF THE PRECEDING TWO CALENDAR YEARS, AND THE REQUIREMENT THAT FIRST REPORTS REQUIRED UNDER SECTIONS 38-13-300 THROUGH 38-13-360 MUST BE FILED ON JULY 1, 1988, AND ON JULY FIRST OF EACH FOLLOWING YEAR.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 27, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 624:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 27, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 458:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 625 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION, IN CONSULTATION WITH THE OCONEE COUNTY LEGISLATIVE DELEGATION AND THE OCONEE COUNTY VETERANS AFFAIRS OFFICER, DEDICATE A PORTION OF UNITED STATES HIGHWAY 123 IN OCONEE COUNTY TO SOUTH CAROLINA'S VETERANS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 200 (Word version) -- Senators Courtney, Holland, Land, Peeler, Rankin, Alexander, Martin, McGill, Waldrep, Lander, O'Dell, Reese, Rose, Glover, Ford, Thomas, Fair, Anderson, Washington and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-440 SO AS TO ENACT THE "PATIENT ACCESS TO OPTOMETRIC PRIMARY EYE CARE ACT" BY ESTABLISHING PARAMETERS WITHIN WHICH HEALTH CARE INSURERS THAT OFFER PRIMARY EYE CARE MUST PROVIDE THIS COVERAGE AND TO PROVIDE AN EQUITABLE REMEDY WHEN THERE ARE VIOLATIONS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4226 (Word version) -- Rep. Beck: A CONCURRENT RESOLUTION CONGRATULATING THE NORTH AUGUSTA YELLOW JACKETS ON THEIR FIRST BASEBALL STATE TITLE IN FORTY-EIGHT YEARS AS THEY CLAIMED THE AAAA CHAMPIONSHIP CROWN WITH A 25-9 RECORD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4227 (Word version) -- Reps. Govan, Cobb-Hunter, Stuart, Sharpe and Felder: A CONCURRENT RESOLUTION CONGRATULATING SAINT LUKE UNITED PRESBYTERIAN CHURCH (USA) OF ORANGEBURG UPON THE CELEBRATION OF ITS CENTENNIAL YEAR, 1997.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4228 (Word version) -- Reps. Neilson, Campsen, Inabinett, Whipper, Lloyd, Littlejohn, Clyburn, J. Hines, Stille, Miller, Hamilton, Cave and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-280 SO AS TO PROHIBIT THE ISSUANCE OF INSURANCE IDENTIFICATION CARDS USING A PERSON'S SOCIAL SECURITY IDENTIFICATION NUMBER AS PART OF THE IDENTIFICATION NUMBER.
Referred to Committee on Labor, Commerce and Industry.
H. 4229 (Word version) -- Reps. F. Smith and McMahand: A BILL TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS, THE NUMBER OF JUDGES TO BE ELECTED FROM EACH CIRCUIT, AND THE ELECTION OF ADDITIONAL JUDGES WITHOUT REGARD TO COUNTY OR CIRCUIT OF RESIDENCE, SO AS TO CHANGE THE NUMBER OF JUDGES TO BE ELECTED FROM EACH CIRCUIT; TO DELETE THE PROVISIONS RELATING TO THE ELECTION OF ADDITIONAL JUDGES WITHOUT REGARD TO COUNTY OR CIRCUIT OF RESIDENCE, SO AS TO REQUIRE THAT ALL JUDGES BE RESIDENTS OF THE JUDICIAL CIRCUIT FROM WHICH THEY ARE ELECTED; AND TO PROVIDE THAT PERSONS SERVING AS CIRCUIT JUDGES ON THE EFFECTIVE DATE OF THE CONSTITUTIONAL PROVISION PROVIDING FOR THE POPULAR ELECTION OF CIRCUIT JUDGES SHALL CONTINUE TO SERVE FOR THE TERM FOR WHICH THEY WERE ELECTED.
Referred to Committee on Judiciary.
The following was introduced:
H. 4230 (Word version) -- Rep. Young: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO THE SUMTER HIGH SCHOOL MEN'S TRACK TEAM UPON WINNING THE 1996-97 CLASS AAAA STATE TRACK AND FIELD CHAMPIONSHIP AND EXTENDING CONGRATULATIONS TO THE SUMTER HIGH SCHOOL GIRLS' TRACK TEAM FOR AN OUTSTANDING SEASON AND FOR EARNING THE RUNNER-UP HONORS IN THE REGION IV CLASS AAAA CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4138 (Word version) -- Reps. Carnell, Klauber, Parks, Stille, Stoddard, Wilder and McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON U. S. HIGHWAY 25 OVER THE SALUDA RIVER IN HONOR OF MR. WILLIAM T. JONES III, DISTINGUISHED ATTORNEY AND SOLICITOR OF THE EIGHTH JUDICIAL CIRCUIT FOR THIRTY-TWO YEARS.
H. 4201 (Word version) -- Rep. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE THE SPARTANBURG HIGH SCHOOL VIKINGS FOR THEIR FOURTH CONSECUTIVE SOUTH CAROLINA AAAA GOLF CHAMPIONSHIP, AND TO CONGRATULATE THE GOLFERS FOR THIS FIRST-EVER ACCOMPLISHMENT. H. 4202 (Word version) -- Rep. D. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE SPARTANBURG HIGH SCHOOL'S GOLF COACH JOHN CRAIG ON HIS FOURTH CONSECUTIVE SOUTH CAROLINA AAAA GOLF CHAMPIONSHIP, AND TO RECOGNIZE HIS CAREER ACCOMPLISHMENTS AS HE RETIRES FROM THE COACHING FIELD TO ENTER THE ARENA OF EDUCATIONAL ADMINISTRATION.
H. 4203 (Word version) -- Reps. Parks, Carnell and Klauber: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY, CLASSMATES, AND FRIENDS OF KENDRIC S. CHILDS OF GREENWOOD WHO DIED ON MAY 18, 1997, AS A RESULT OF A TRAGIC AUTOMOBILE ACCIDENT.
H. 4204 (Word version) -- Reps. Wilder and McLeod: A CONCURRENT RESOLUTION CONGRATULATING MARGARET BRACKETT OF NEWBERRY COUNTY ON RECEIVING THE 1997 SILVER SCALES OF JUSTICE VOLUNTEER OF THE YEAR AWARD AND COMMENDING HER FOR HER MANY YEARS OF OUTSTANDING SERVICE TO HER COMMUNITY.
H. 4205 (Word version) -- Reps. Davenport, D. Smith, Lanford, Lee, Hawkins, Littlejohn and Walker: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE FAMILY AND FRIENDS OF LEWIS B. PARRIS, SR., OF BOILING SPRINGS ON THE SAD OCCASION OF HIS DEATH ON MAY 18, 1997.
H. 4208 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE SILVER BLUFF HIGH SCHOOL "LADY DOGS" TRACK AND FIELD TEAM OF AIKEN COUNTY ON WINNING THE 1997 CLASS AA STATE CHAMPIONSHIP.
H. 4209 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE MIDLAND VALLEY HIGH SCHOOL "MUSTANGS" BASEBALL TEAM OF AIKEN COUNTY ON WINNING THE 1997 CLASS AAA STATE CHAMPIONSHIP. H. 4214 (Word version) -- Reps. Stille, Carnell, Parks and Townsend: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE MEMBERS AND COACHES OF THE ABBEVILLE HIGH SCHOOL PANTHERS BOYS TRACK TEAM ON BEING 1997 STATE AA TRACK CHAMPIONS.
H. 4222 (Word version) -- Rep. Seithel: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO ARNOLD S. GOODSTEIN II OF DORCHESTER COUNTY ON WINNING THE STATE PTO OVERALL REFLECTIONS LITERATURE COMPETITION SPONSORED BY THE NATIONAL PARENT TEACHER ORGANIZATION AND TO WISH HIM WELL AS HE CONTINUES TO DISTINGUISH HIMSELF IN HIS SCHOOL WORK AND EXTRACURRICULAR ACTIVITIES.
H. 4223 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE RANDY BLACKWELL ON RECEIVING THE 1997 SOUTH CAROLINA AMBASSADOR FOR ECONOMIC DEVELOPMENT AWARD FOR CLARENDON COUNTY.
At 5:15 P.M. the House in accordance with the motion of Rep. PARKS adjourned in memory of Kendric Childs of Greenwood County, to meet at 10:00 A.M. tomorrow.
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